Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Guernsey

List of occupational diseases. Notwithstanding its previous promises, the Government indicates that no relevant updates have been made to the schedule of occupational diseases. The Committee therefore reiterates its request to the Government to amend the schedule with respect to the following points.

Pathological manifestations due to radium and other radioactive substances and to X-rays. With regard to pathological manifestations due to radium and other radioactive substances and to X-rays, the Committee notes that the list of occupational diseases mentions under items A1 and A2 only a number of disorders caused by electromagnetic radiation, whereas the Schedule to the Convention covers all pathological manifestations due to radium and other radioactive substances and to X-rays thus avoiding a restrictive enumeration of certain diseases. The Committee invites the Government to consider revising the schedule of occupational diseases so as to establish the occupational nature of all pathological manifestations due to radium and other radioactive substances and to X-rays.

Poisoning by the halogen derivatives of hydrocarbons of the aliphatic series. The Committee notes that the new schedule of occupational diseases covers under items C10 and C26 to C28 only certain halogen derivatives of hydrocarbons of the aliphatic series (for example, tetrachloroethane), whereas the Convention was drafted in general terms so as to cover poisoning by all halogen derivatives of hydrocarbons of the aliphatic series. Furthermore, the Committee notes that the schedule gives, under the abovementioned items, a restrictive enumeration of diseases caused by the substances mentioned, whereas the Convention covers all pathological manifestations due to poisoning by the halogen derivatives of hydrocarbons of the aliphatic series. The Committee wishes to point out that the Convention is deliberately worded in very general terms so as to cover all the pathological manifestations caused by the substances or agents listed in its Schedule whenever they affect workers engaged in the trades, industries or processes listed in the same schedule. By restrictively listing only certain symptoms and pathological manifestations, the legislation introduces a more limited system of coverage than the one provided for in the Convention which aims at ensuring compensation for all disorders, even atypical or new ones, which might occur as the result of poisoning by or the action of an agent. The legislation might thereby deprive certain workers of the presumption of the occupational origin of the disease. Consequently, the Committee invites the Government to consider completing the list of prescribed occupational diseases so as to cover all diseases caused by any halogen derivatives of hydrocarbons of the aliphatic series.

Primary epitheliomatous cancer of the skin. The Committee notes that while item C21 of the list of occupational diseases covers skin cancer, it includes only squamous-cell carcinoma of the skin due to the use or handling of, or exposure to, arsenic, tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product or residue of any of these substances, except quinine or hydroquinone. The Committee wishes to recall in this respect that the table of occupational diseases established by Convention No. 42 is not limited to squamous-cell carcinoma of the skin but covers also other types of epitheliomatous cancer of the skin.

The Committee would also be grateful if the Government would provide further information on whether the word “poisoning” in items C1, C5, C7, and C8 of the Schedule of occupational diseases also covers the sequelae caused by the relevant toxic substances.