Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Argentina (Ratification: 1950)

Review of the national list of occupational diseases. With reference to its previous observation, the Committee takes note of the comments brought forward by the Confederation of Workers of Argentina (CTA) received on 31 August 2012 indicating that the current list of occupational diseases of Act No. 24.557 is too restrictive and violates the Convention by discarding all diseases that do not meet the triple criteria of the concurrence of listed risk agents, pathological symptoms, and occupational exposure and thus obliging the worker to provide proof of the concurrence of these three factors in order to receive compensation. In comparison, the Convention sets forth a schedule by reference to the concurrence of only two factors and establishes a presumption of occupational diseases when listed diseases and toxic substances affect workers engaged in the corresponding trades, industries or processes. The Committee therefore requests the Government to review the current list of occupational diseases in accordance with the Convention’s aim of relieving workers in the trades and industries listed from the burden of proving that they actually have been exposed to the risk of the disease in question. The Government should also change from restrictive to indicative the enumeration of the pathological symptoms resulting from exposure to the corresponding substances given in the left hand column of the list of occupational diseases in Decree 658/96.

In addition to the above conceptual changes to the recognition of occupational diseases, the Committee once again urges the Government to take concrete measures to improve the current list on the following points:

• -include the addition of the loading, unloading or transport of merchandise in general to the activities likely to cause anthrax;
• -decrease the requirement of exposure of at least ten years in regard to primary epitheliomatous cancer of the skin in accordance with the World Health Organization’s (WHO) findings which showed that skin cancers can appear already after five years of exposure; and
• -make an express reference to silicosis with or without pulmonary tuberculosis, if necessary with a reservation that the silicosis must be a determining factor in the incapacity or death, as provided in the Convention.

The Committee notes the Government’s indication that the abovementioned issues will be taken into consideration in the context of the modifications and amendments to Act No. 24.557 currently being prepared for submission to Parliament. The Committee notes however that Act No. 26773, adopted in October 2012, does not address the abovementioned issues. In this context, the Committee asks the Government to indicate in its next report the measures which will allow the national legislation to be brought in conformity with the obligations under the Convention. The Committee hopes that the Government will be able to indicate substantial progress made on these issues.

The Committee further notes that the CTA refers in its comments to various decisions of the Supreme Court of Justice which have declared unconstitutional certain provisions of Act No. 24.557 regarding the procedures of recognition and compensation of occupational diseases. The Committee asks the Government to supply copies of these decisions and to explain their impact on the application of the corresponding provisions of the Convention in law and in practice.