National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Article 2 of the Convention. Referring to the comments that it has been making for many years in relation to amending the schedule of occupational diseases annexed to Resolution No. 38 of 23 May 1959, the Committee notes the Government’s reference in its report to the imminent launch of a wide-ranging programme for the registration of occupational diseases and to the establishment of a new nomenclature for schedules of occupational diseases, in accordance with the provisions of the Convention. The Committee recalls that the schedule of occupational diseases currently in force does not cover certain poisonings caused by inorganic mercury compounds or, in particular, by organic compounds of lead (such as tetraethyl lead) or of mercury (such as phenyl mercury or methyl mercury), whose signs and symptoms differ significantly from those of lead poisoning or mercury poisoning; hence the schedule covers only a limited number of these signs and symptoms and not all of the pathological conditions caused by the substances in question. The Committee trusts that the new nomenclature for schedules of occupational diseases giving effect to the provisions of the Convention will be established in the near future. The Committee also wishes to draw the Government’s attention to the fact that the schedule of occupational diseases included in the Convention has been supplemented several times (see the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42), the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and, more recently, the List of Occupational Diseases Recommendation, 2002 (No. 194), which was revised in 2010) by new diseases whose occupational origin has been confirmed as a result of advances in scientific knowledge.
The Committee notes the information communicated by the Government and the General Union of Djibouti Workers (UGTD) concerning the manner in which the Convention is applied in Djibouti. The Committee notes, however, that the Government’s report does not contain any mention of the draft update of the schedule of occupational diseases, which, according to the Government’s previous report, was to have been proposed by the Ministry of Labour with a view to completing the national legislation on occupational diseases. This amendment would have allowed for the consideration, in accordance with the Convention, of all cases of poisoning by lead, its alloys or compounds or by mercury, its amalgams and compounds, and their sequelae, such as occupational diseases, when such cases are associated with certain industries or occupations. The Committee therefore asks the Government to indicate, in its next report, the progress made with a view to amending the schedule of occupational diseases annexed to resolution No. 38 of 23 May 1959 so as to bring it fully into line with the Convention.
The Committee notes with interest the Government's statement to the effect that, following its previous comments, a draft text will be proposed by the Ministry of Labour to update the schedule of occupational diseases. It therefore hopes that the schedule of occupational diseases annexed to resolution No. 38 of 23 May 1959 will be completed in the near future so as to cover, in accordance with the Convention, all cases of poisoning by lead, its alloys or compounds or by mercury, its amalgams and compounds and their sequelae. It requests the Government to indicate in future reports the progress achieved in this respect.
The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
Article 2 of the Convention. The Committee has examined the list of occupational diseases annexed to Resolution No. 38 of 23 May 1959. It notes that the said list uses rather outdated expressions such as "saturnism" and "hydrargirism" whereas the Convention is drafted in wider terms, i.e. "poisoning by lead, its alloys or compounds and their sequelae". Therefore, the list of occupational diseases annexed to the legislation, contrary to the Convention, would not cover poisoning caused by some inorganic mercurial compounds and in particular organic compounds both of lead (such as tetraethyl lead) and mercury (such as phenyl or methyl mercury), the signs and symptoms of which are quite different from those occurring in poisoning by lead and mercury. Thus the table of occupational diseases contains a limited list of these signs and symptoms which does not cover all pathological conditions caused by the agents in question.
The Committee hopes that the Government will take the necessary measures to bring the list of occupational diseases annexed to the legislation into full conformity with the Convention on the points mentioned above.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows: