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

With reference to its previous comments, the Committee notes that the special committee responsible for examining the question of bringing section 40 of the Regulations on Occupational Diseases of the Social Security Institute (IKA) of 16 January 1979 into conformity with the Convention, has not yet completed its work. Accordingly, it again expresses the hope that this examination (also announced in the report for 1985) will shortly be completed and that the lists of occupational diseases given in Ministerial Orders Nos. 416/1759, of 16 January 1979 and 416/1862 of 27 December 1979 of the Minister of Social Affairs, will be completed so as to take into account, in accordance with Article 2 of the Convention, the following points:

(a)The sections concernin g poisoning caused by lead (No. 1) (for example: no mention is made of gastritis, gastric ulcers, a number of liver disorders, etc.), poisoning caused by mercury (No. 2) (for example: no mention is made of acute bronchitis, certain psychological disorders, dermatitis, etc.) are illustrations in point.

(b)It would also appear that the very title of the section "acute poisoning caused by arsenic" (Nos. 15 and 16) is of a restrictive nature (for example: occupational cancer is not included among the pathological manifestations that may be caused by arsenic), since the left-hand column of the list of diseases and toxic substances contained in the Schedule appended to the Convention refers in a general way to poisoning caused by arsenic.

(c)The activities that may cause anthrax infection (section No. 25) should also include "the loading, unloading or transport of merchandise" in general, as does the Convention.

(d)It would appear that the lists of occupational diseases, unlike the Convention, do not contain a section on primary epitheliomatous cancer of the skin and the activities that may lead to it.

The Committee asks the Government to provide information on any progress achieved in this connection in its next report. [The Government is asked to report in detail for the period ending 30 June 1990.]