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Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Honduras (Ratification: 1964)

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Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Honduran National Business Council (COHEP), received in 2017, and the Government’s reply to these observations.

Article 1 of the Convention. Notification of occupational diseases. The Committee recalls that for many years it has drawn the Government’s attention to the operational difficulties of the system for the notification of occupational diseases. The Committee notes that, in its report, the Government indicates that the regular session of the National Workers’ Health Commission of Honduras (CONASATH) was convened with a view to identifying health and safety needs of the workers in the country, with the participation of representatives from the General Confederation of Work, the Honduran Social Security Institute, the Honduran Council of Private Enterprises, the National Autonomous University of Honduras, the Ministry of Labour and Social Security and the Ministry of Health, addressing the issue of the notification of occupational diseases. The Committee notes that, at this meeting, it was agreed to request the technical assistance of the ILO. The Committee also notes that the Government sent a memorandum to the Subsecretary of State for Labour and Social Security in April 2017 on the need to reform the Labour Code in order to include an obligation to notify of occupational diseases. The Committee also notes the observations of the COHEP reporting that no progress has been made with regard to the obligation to notify of occupational diseases. The Committee requests the Government to make every effort to establish without further delay an effective system of notification of occupational diseases, and once again requests the Government to keep it informed of any developments with a view to ensuring for all victims of occupational diseases or their dependants compensation that is in line with and gives full effect to Article 1 of the Convention.

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 to accept the obligations in Part VI of the Social Security (Minimum Standards) Convention, 1952 (No. 102) (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect a more modern approach to occupational accidents and diseases. 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 Convention No. 121 or accepting the obligations in Part VI of Convention No. 102, as the most up-to-date instruments in this subject area.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Notification of occupational diseases. The Committee recalls that for many years it has noted the operational difficulties of the system for the notification of occupational diseases. In its communication received on 1 September 2014, the General Confederation of Workers (CGT) indicates that the Labour Code contains only a few provisions on this issue, and that consequently there are significant gaps. The Government confirms that there is no specific provision in the Labour Code on the mandatory notification of occupational diseases, but that section 9(j) of the General Regulations on Occupational Accident and Disease Prevention Measures requires employers to keep an adequate record of occupational accidents and diseases that occur in the workplace. It also reports that the Secretariat of Labour and Social Security will submit the proposed amendment of section 435 of the Labour Code to the Economic and Social Council (CES), so that the issue of the mandatory notification of occupational diseases is forwarded to the National Congress. Duly noting this statement, the Committee hopes that the Government will make every effort to establish, without further delay, an effective system for the notification, recording and compensation of occupational diseases. The Committee requests the Government to keep the Office informed of any progress achieved in this respect and to provide a copy of any amendment adopted on this subject.

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

The Committee notes the Government’s report and the observations received in August 2011 from the Single Confederation of Workers of Honduras (CUTH). The CUTH refers to the conditions faced by Miskito workers who engage in fishing activities in the form of diving for crayfish and prawn. These observations, together with the Government’s reply received on 9 October 2012, are examined in relation to the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

The Committee has been referring for many years to problems in the operation of the system for the notification of industrial accidents and, in particular, occupational diseases. The Committee notes the very low number (66) of occupational diseases which were the subject of compensation between 2007 and 2012. It also notes that the Government, in its last report, does not provide any information on the reasons for the lack of applications for compensation for temporary or permanent incapacity with respect to the hundreds of cases of acute poisoning from organophosophorus pesticides recognized as being of occupational origin to which the Government referred in its previous report.

In the light of the above, the Committee notes with concern that the Government makes no further mention in its last report of its intention to reform the legislation by introducing the obligation to notify occupational diseases. The Committee therefore strongly encourages the Government to adopt legislative measures and practices in order to improve the operation of the system for the prevention, registration and compensation of occupational diseases.

[The Government is asked to reply in detail to the present comments in 2014.]

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

For many years, noting the operational difficulties of the system of notification of employment injuries and particularly occupational diseases, the Committee has been inviting the Government to take the necessary measures to make notification of occupational diseases compulsory. It has also noted the Government’s undertaking to reform the Labour Code in order to remedy this situation and has pointed out that it may seek technical assistance from the Office.

In its latest report, the Government indicates that it has not been possible to carry out the planned reform, but that it hopes to be in a position to adopt a legislative decree on this subject. It also provides statistical data on seven cases of lead poisoning and 1,793 cases of poisoning by organophosphorus pesticides used in agriculture. With regard to the latter cases, no claims for compensation for temporary or permanent incapacity were submitted to the Ministry of Labour and Social Security, even though in 30 per cent of them the poisoning was recognized as being occupational in origin. The Government also indicates that the limit on compensation and pensions relating to occupational risks has been raised following the increase in social security contributions during the period covered by the report.

While it takes due note of this information, the Committee is obliged to note once again the absence of any practical measures to improve the operation of the system of compensation for occupational diseases. It hopes that the Government will be in a position to show in its next report that tangible progress has been achieved in this regard, with a view to ensuring the effective cover of occupational diseases in the country. Please also provide further information on the possible reasons for the absence of compensation for the recognized occupational diseases referred to in the Government’s report. Finally, the Committee would be grateful if the Government would continue to provide the information requested in 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 to the victims by way of compensation.

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.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's last report. It also notes the comments made by the Single Confederation of Honduran Workers, as well as the Government's reply to those comments.

In reply to the earlier comments of the Committee, the Government indicates that the system of notification of occupational diseases still suffers from the same difficulties as described in 1997, that is: technical deficiencies in the communication network which does not enable regional centres to transfer information quickly and with complete confidentiality; the absence of a legal obligation to notify occupational diseases, and a lack of qualified staff enabling diagnoses to be confirmed. The Government adds that it does not have information on the practical application of the Convention available, since the building housing the Labour and Social Security Secretariat was damaged by Hurricane Mitch, destroying a large part of the statistical registers and legal and medical files kept by the occupational health services and by the labour inspectorate.

The Committee takes note of this information and of that regarding the activities undertaken by the occupational safety and health services. The Committee hopes that the Government will be able to indicate in its next report measures that have been taken with a view to improving the system of notification of occupational diseases. In this connection, it reminds the Government of the possibility of seeking the ILO's technical assistance. In addition, the Committee requests the Government to supply in its next report detailed information on the practical application of the Convention in conformity with Part V of the report form.

[The Government is requested to report in detail in 2002.]

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to the Committee's previous comments, the Government acknowledges that the number of occupational diseases giving rise to compensation throughout the country was far in excess of the five cases referred to in its previous report. It specifies the reasons for which it is difficult to obtain notifications of occupational diseases: the technical deficiencies of the communication network which does not enable regional centres to transfer information quickly and with complete confidentiality, the absence of a legal obligation to notify occupational diseases and a lack of qualified staff enabling diagnoses to be confirmed.

The Committee notes this information. It observes that while acknowledging the lack of efficiency in its system of notification of occupational diseases, the Government does not yet appear to have taken action to improve it. The Committee hopes that the Government will be able to take the necessary measures for this purpose and, in this regard, recalls the possibility of enlisting the ILO's technical assistance. In addition, the Committee wishes to draw the Government's attention to the ILO code of practical guidelines entitled "Recording and notification of occupational accidents and diseases", to which it has already referred in its 1997 general observation concerning the Labour Inspection Convention, 1947 (No. 81), a copy of which is attached. These guidelines must be considered as basic requirements for the collection, recording and notification of reliable data concerning occupational accidents and diseases, and the statistics relating to them. The Committee hopes that the guidelines will help the competent authorities to develop appropriate systems for the recording and notification of occupational diseases so as to ensure that the provisions of the Convention are applied more effectively in practice.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes from the Government's report that only five cases of occupational diseases have given rise to compensation between January and October 1995. It therefore requests the Government to indicate in its next report the reasons for such a low number of compensated diseases. In addition, the Committee ventures to suggest to the Government to undertake studies in order to ascertain the efficiency of its reporting system of occupational injuries, in particular, of occupational diseases.

[The Government is asked to report in detail in 1996.]