Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Guyana (Ratification: 1966)

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

The Government has communicated the following information:

Based on the assistance and advice received from the ILO, discussions were held with the National Insurance Scheme and recommendations have been put up for consideration by the Government.

The suggestions of the Committee of Experts contained in paragraphs (a)-(f) of its observation, and the references to poisoning caused by arsenic and benzene were considered.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 2 of the Convention. Schedule. List of occupational diseases. The Committee notes that the national list of occupational diseases included in the Third Schedule of the National Insurance and Social Security (Industrial Benefit) Regulations (No. 34 of 1969) is not fully aligned with the list of diseases and toxic substances contained in the Schedule appended to Article 2 of the Convention. The Committee requests the Government to take the necessary measures to bring the Third Schedule of the National Insurance and Social Security (Industrial Benefit) Regulations (No. 34 of 1969) into conformity with Article 2 of the Convention.

The Committee recalls that the ILO Governing Body at its 346th Session, October–November 2022, on the recommendation of the Standards Review Mechanism Tripartite Working Group, acknowledged the classification of Convention No. 42 as outdated, and placed an item on the agenda of the 121st Session of the International Labour Conference (2033) for the consideration of its abrogation.

The Governing Body requested the Office to undertake follow-up action to actively encourage the ratification of up-to-date instruments, Convention No. 121 and/or Convention No. 102 (Part VI), concerning employment injury benefits. In this context, the Committee encourages the Government to consider ratifying the most up-to-date instruments in this subject area.

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

In reply to the issues raised in the Committee’s previous observation, the Government indicates that there has been no change in the national legislation on occupational diseases and the necessary measures to ensure compliance with the Convention have yet to be taken. In previous reports, the Government had indicated that the competent authorities have been requested to accelerate the review procedure. The Committee therefore trusts that the Government will take the necessary measures to amend the list of occupational diseases currently established by Regulation No. 34 of 1969, implementing Act No. 15 of 1969 on national insurance and social security (Cap. 36:01), with respect to the following points:

• -No. 1(x), (xi), (xii) and (xiv) on the list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series;
• -No. 7, which refers to certain disorders due to radiation, should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed;
• -No. 1(i) and (v), relating to poisoning by lead and its compounds and mercury and its compounds, should include lead alloys and mercury amalgams respectively;
• -No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus;
• -No. 2 should include, among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind;
• -silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list.

The Committee wishes to remind the Government that the abovementioned issues have been regularly brought to its attention since 1972.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee recalls that it has been drawing the Government’s attention since 1971 to the need to amend the list of occupational diseases attached to Regulation No. 34 of 1969, implementing Act No. 15 of 1969 on national insurance and social security. It notes with regret, from the information communicated by the Government in its last report, that this list has still not been amended but that the competent authorities have been requested to accelerate the review procedure of the relevant regulation. It further notes that the Government no longer refers to the legislative reform regarding occupational safety and health. The Committee trusts that the Government will be able to take the measures necessary as soon as possible to amend the list of occupational diseases to ensure full application of the Convention on the following points:

• (a) No. 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series;
• (b) No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed;
• (c) No. 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively;
• (d) No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus;
• (e) No. 2 should include, among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind;
• (f) silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list.

The Committee wishes to remind the Government that it may request technical assistance from the ILO in this domain.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee recalls that it has been drawing the Government’s attention since 1971 to the need to amend the list of occupational diseases attached to Regulation No. 34 of 1969, implementing Act No. 15 of 1969 on national insurance and social security. It notes with regret, from the information communicated by the Government in its last report, that this list has still not been amended but that the competent authorities have been requested to accelerate the review procedure of the relevant regulation. It further notes that the Government no longer refers to the legislative reform regarding occupational safety and health. The Committee trusts that the Government will be able to take the measures necessary as soon as possible to amend the list of occupational diseases to ensure full application of the Convention on the following points:

(a)   No. 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series;

(b)   No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed;

(c)    No. 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively;

(d)   No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus;

(e)    No. 2 should include, among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind;

(f)    silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list.

The Committee wishes to remind the Government that it may request technical assistance from the ILO in this domain.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that it has been drawing the Government’s attention since 1971 to the need to amend the list of occupational diseases attached to Regulation No. 34 of 1969, implementing Act No. 15 of 1969 on national insurance and social security. It notes with regret, from the information communicated by the Government in its last report, that this list has still not been amended but that the competent authorities have been requested to accelerate the review procedure of the relevant regulation. It further notes that the Government no longer refers to the legislative reform regarding occupational safety and health. The Committee trusts that the Government will be able to take the measures necessary as soon as possible to amend the list of occupational diseases to ensure full application of the Convention on the following points:

(a)   No. 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series;

(b)    No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed;

(c)    No. 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively;

(d)   No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus;

(e)    No. 2 should include, among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind;

(f)    silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list.

The Committee wishes to remind the Government that it may request technical assistance from the ILO in this domain.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

 

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that it has been drawing the Government’s attention since 1971 to the need to amend the list of occupational diseases attached to Regulation No. 34 of 1969, implementing Act No. 15 of 1969 on national insurance and social security. It notes with regret, from the information communicated by the Government in its last report, that this list has still not been amended but that the competent authorities have been requested to accelerate the review procedure of the relevant regulation. It further notes that the Government no longer refers to the legislative reform regarding occupational safety and health. The Committee trusts that the Government will be able to take the measures necessary as soon as possible to amend the list of occupational diseases to ensure full application of the Convention on the following points:

(a)   Nos 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series;

(b)    No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed;

(c)    Nos 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively;

(d)   No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus;

(e)    No. 2 should include, among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind;

(f)    silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list.

The Committee wishes to remind the Government that it may request technical assistance from the ILO in this domain.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee recalls that it has been drawing the Government’s attention since 1971 to the need to amend the list of occupational diseases attached to Regulation No. 34 of 1969, implementing Act No. 15 of 1969 on national insurance and social security. It notes with regret, from the information communicated by the Government in its last report, that this list has still not been amended but that the competent authorities have been requested to accelerate the review procedure of the relevant regulation. It further notes that the Government no longer refers to the legislative reform regarding occupational safety and health. The Committee trusts that the Government will be able to take the measures necessary as soon as possible to amend the list of occupational diseases to ensure full application of the Convention on the following points:

(a)    Nos 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series;

(b)    No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed;

(c)    Nos 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively;

(d)    No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus;

(e)    No. 2 should include, among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind;

(f)    silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list.

The Committee wishes to remind the Government that it may request technical assistance from the ILO in this domain.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee recalls that it has been drawing the Government’s attention since 1971 to the need to amend the list of occupational diseases attached to Regulation No. 34 of 1969, implementing Act No. 15 of 1969 on national insurance and social security. It notes with regret, from the information communicated by the Government in its last report, that this list has still not been amended but that the competent authorities have been requested to accelerate the review procedure of the relevant regulation. It further notes that the Government no longer refers to the legislative reform regarding occupational safety and health. The Committee trusts that the Government will be able to take the measures necessary as soon as possible to amend the list of occupational diseases to ensure full application of the Convention on the following points:

(a)  Nos. 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series;

(b)  No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed;

(c)  Nos. 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively;

(d)  No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus;

(e)  No. 2 should include, among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind;

(f)  silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list.

The Committee wishes to remind the Government that it may request technical assistance from the ILO in this domain.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes, from the Government's reply to its previous comments, that the list of occupational diseases attached to Regulations No. 34 of 1969 has not yet been amended, but that this question was to be dealt with within the framework of the ILO assistance in legislative reforms in the area of occupational safety and health. The Committee therefore once again hopes that the Government will shortly take all the necessary measures, with the assistance of the ILO, to amend the above-mentioned list, in order to give full effect to the Convention on the following points:

(a) Nos. 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series;

(b) No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to cause these should be completed;

(c) Nos. 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively;

(d) No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus;

(e) to No. 2 should be added among the processes likely to cause anthrax infection, all loading and unloading or transport of merchandise of any kind;

(f) silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list.

The Committee also hopes that an explicit reference to the direct consequences of poisoning caused by arsenic and benzine (Nos. (iv), (vii) and (viii) of No. 1 of the list attached to Regulation No. 34 of 1969) will be included in the list of occupational diseases.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information provided by the Government in its report and to the Conference Committee in 1992. It notes in particular that its previous comments were taken into consideration and that recommendations have been put up for examination by the Government based on the assistance and advice received from the ILO. The Committee therefore once again hopes that measures will be taken in the very near future to complete the list of occupational diseases attached to Regulation No. 34 of 1969, taking into account the following points: (a) Nos. 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series; (b) No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed; (c) Nos. 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively; (d) No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus; (e) to No. 2 should be added among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind; (f) silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list. The Committee also hopes that an explicit reference to the direct consequences of poisoning caused by arsenic and benzene (Nos. (iv), (vii) and (viii) of No. 1 of the list attached to Regulation No. 34 of 1969) will be included in the list of occupational diseases.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information provided by the Government in its report and to the Conference Committee in 1992. It notes in particular that its previous comments were taken into consideration and that recommendations have been put up for examination by the Government based on the assistance and advice received from the ILO. The Committee therefore once again hopes that measures will be taken in the very near future to complete the list of occupational diseases attached to Regulation No. 34 of 1969, taking into account the following points:

(a) Nos. 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series;

(b) No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed;

(c) Nos. 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively;

(d) No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus;

(e) to No. 2 should be added among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind;

(f) silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list.

The Committee also hopes that an explicit reference to the direct consequences of poisoning caused by arsenic and benzene (Nos. (iv), (vii) and (viii) of No. 1 of the list attached to Regulation No. 34 of 1969) will be included in the list of occupational diseases.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report contains no reply to its previous comments. It must therefore repeat its previous observation, which read as follows:

The Committee notes once again with regret that the modified list of occupational diseases attached to Regulation No. 34 of 1969 has not yet been finalised. It notes however from the Government's report that technical assistance has been received from the International Labour Office. The Committee hopes therefore that with the help of the ILO the above-mentioned list may soon be completed, taking the following indications into account: (a) Nos. 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series; (b) No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed; (c) Nos. 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively; (d) No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus; (e) to No. 2 should be added among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind; (f) silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list. The Committee would also hope that an explicit reference to the direct consequences of poisoning caused by arsenic and benzene (Nos. (iv), (vii) and (viii) of No. 1 of the list attached to Regulation No. 34 of 1969) will be included in the list of occupational diseases.

[The Government is requested to report in detail for the period ending 30 June 1992.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes once again with regret that the modified list of occupational diseases attached to Regulation No. 34 of 1969 has not yet been finalised. It notes however from the Government's report that technical assistance has been received from the International Labour Office. The Committee hopes therefore that with the help of the ILO the above-mentioned list may soon be completed, taking the following indications into account:

(a) Nos. 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series;

(b) No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed;

(c) Nos. 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively;

(d) No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus;

(e) to No. 2 should be added among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind;

(f) silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list.

The Committee would also hope that an explicit reference to the direct consequences of poisoning caused by arsenic and benzene (Nos. (iv), (vii) and (viii) of No. 1 of the list attached to Regulation No. 34 of 1969) will be included in the list of occupational diseases.

[The Government is requested to provide a detailed report for the period ending 30 June 1991.]

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes once again with regret that the modified list of occupational diseases attached to Regulation No. 34 of 1969 has not yet been finalised, bearing in mind that the occupational health and safety department of the Ministry of Labour is still in the process of reorganisation. The Government states that it is at present considering the possibility of asking the ILO for technical assistance. Legislation will be drawn up for the areas in question with a view to completing it as soon as possible.

The Committee takes note of this statement with interest. It hopes that with the help of the ILO the above-mentioned list may soon be completed, taking the following indications into account:

(a) Nos. 1(x), (xi), (xii) and (xiv) on this list are to be replaced by a heading containing in general terms all halogen derivatives of hydrocarbons of the aliphatic series;

(b) No. 7, which refers to certain disorders due to radiation should include all pathological manifestations due to radium and other radioactive substances or X-rays and the list of processes likely to induce these should be completed;

(c) Nos. 1(i) and (v) relating to poisoning by lead and its compounds and mercury and its compounds should include lead alloys and mercury amalgams respectively;

(d) No. 1(iii), which refers to poisoning by phosphorus and its compounds, should include the inorganic compounds of phosphorus;

(e) to No. 2 should be added among the processes likely to induce anthrax infection, all loading and unloading or transport of merchandise of any kind;

(f) silicosis with or without pulmonary tuberculosis and the industries or processes involving the risk of this infection should also be added to the list.

Finally, the Committee would also hope that the Government will examine the possibility of including in the list of occupational diseases an explicit reference to the direct consequences of poisoning caused by arsenic and benzene (Nos. (iv), (vii) and (viii) of No. 1 of the list attached to Regulaton No. 34 of 1969). [The Government is requested to provide a detailed report on the period ending 30 June 1990.]