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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 2 of the Convention. Schedule of occupational diseases. In its previous comments, the Committee requested the Government to amend the national list of occupational diseases set out in the Third Schedule of the Social Insurance (Industrial Injuries Benefits) (Guernsey) Regulations, 1978, to cover all the occupational diseases listed in the Schedule to the Convention, with a view to ensuring conformity with Article 2. The Committee further requested the Government to provide information on whether the word “poisoning” in items C1, C5, C7, and C8 of the national schedule of occupational diseases also covers the sequelae caused by the relevant toxic substances. The Committee notes the reply provided by the Government it is report, acknowledging the requirements of the Convention and indicating that the list of occupational diseases set out in the Third Schedule to Part III of the Social Insurance Law, 1978, was last updated with effect from 1 January 2003 and adopted directly from the United Kingdom so as to bring Guernsey’s list of prescribed industrial diseases into line with the standard set by the United Kingdom. The Committee further notes the confirmation by the Government that the word “poisoning” includes the sequelae caused by the relevant toxic substances. The Committee once again requests the Government to take the necessary measures to give full effect to Article 2 of the Convention by making provision for the coverage of all occupational diseases set out in the Schedule appended to it, and more specifically by: (i) establishing the occupational nature of all pathological manifestations due to radium and other radioactive substances and to X-rays; (ii) covering all diseases caused by any halogen derivatives of hydrocarbons of the aliphatic series; and (iii) covering all types of epitheliomatous cancer of the skin, when resulting from occupational exposure.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 42 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.

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

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.

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

In reply to the Committee’s previous comment, the Government indicates that given the passage of time since the schedule of occupational diseases was brought into line with that of the United Kingdom (2003), it is appropriate for the Social Security Department to consider any differences that exist in this area between Guernsey and the United Kingdom and give due consideration to the suggestions made by the Committee. Noting this information, the Committee wishes to refer the Government to the direct request it addresses to the United Kingdom in respect of Convention No. 42 and hopes that the Government’s future reports would indicate measures taken to update the list of occupational diseases and the system ensuring compensation of occupational injuries.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government in its report and in particular with respect to the modifications made to the schedule of occupational diseases by the incorporation as of 1 January 2003 of all the occupational diseases prescribed in the United Kingdom. It would be grateful if the Government would provide complementary information on 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. Referring to its 2006 direct request concerning the application of the Convention in the United Kingdom, the Committee invites the Government to consider revising the list 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, tetrachlorethane), 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 new 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. With reference to its comments concerning the application of the Convention in the United Kingdom, 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. It 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, C8 of the Schedule of occupational diseases also covers the sequelae caused by the relevant toxic substances.

The Committee also takes this opportunity to observe that Convention No. 42 has been applicable to the territory of the United Kingdom Guernsey since 1938 and draw the Government’s attention to the decision of the Governing Body to invite all the countries parties to Convention No. 42 to contemplate ratifying the Employment Injury Benefits Convention, 1964 (No. 121) (Schedule I amended in 1980), the ratification of which would ipso jure involve the immediate denunciation of Convention No. 42. It would therefore be grateful if the Government would supply information in this respect with its next report.