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

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

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.