Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

In its previous comments, the Committee noted the operational difficulties of the system of notification of employment injuries, and particularly occupational diseases. In this regard, the Government recognized the difficulty of obtaining notification of occupational diseases, particularly as a result of the absence of a legal obligation in this respect. In its last report, the Government indicates that a preliminary draft Bill to reform the Labour Code includes a provision intended to remedy this situation. The Government also reports a series of measures intended to improve the working environment and the prevention of employment accidents and occupational diseases (adoption of regulations to strengthen the occupational safety and health legislation; the training of medical personnel intervening in enterprises). Finally, the Government indicates that cases of lead poisoning were detected during inspections of two industries manufacturing batteries for vehicles (85.3 per cent of the workers exposed to lead were suffering from poisoning). Cases of poisoning by organo-phosphorus pesticides have also been reported, justifying the establishment of an epidemiological monitoring plan for the detection of workers suffering from poisoning.

The Committee notes all this information, which shows that the system for the identification and notification of occupational diseases is still experiencing operational difficulties, which cannot be without consequence for the compensation of workers suffering from occupational diseases. In this respect, the Committee ventures to remind the Government of the possibility of having recourse to the technical assistance of the ILO. Furthermore, it states that the Government has not been able to provide in its reports statistics on the number of cases of occupational diseases reported and compensated on the national territory during the period covered by the report. In these conditions, the Committee hopes that it will be possible to adopt in the near future the preliminary draft Bill to reform the Labour Code, which contains a clause setting forth the obligation to notify occupational diseases to the competent authorities. It requests the Government to provide information on this matter and on the other measures adopted to improve the operation of the system for the identification and notification of occupational diseases. Finally, the Committee would be grateful if the Government would continue to provide the information requested under Part V of the report form, and particularly statistics on the number of cases of disease or poisoning which have been reported and the amounts paid by way of compensation.