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With reference to its observation, the Committee wishes to draw the Government’s attention to the following points.
1. In its previous comments, the Committee noted that the list of occupational diseases mentions only a number of disorders caused by electromagnetic or ionizing radiations, whereas the Schedule to the Convention covers all pathological manifestations due to radium and other radioactive substances and to X-rays. In its report, the Government indicates in this respect that Schedule A1 of prescribed diseases was amended in 2000 and now includes significant exposure to electromagnetic radiations or to ionizing particles. While taking due note of this information, the Committee is bound to remind the Government once again that by listing certain symptoms and pathological manifestations restrictively, the legislation introduces a more limited system of coverage than the one envisaged by the Convention, which is drafted in general terms so as to ensure compensation for all disorders, even atypical or new ones, which might occur as the result of poisoning by or the action of an agent. The legislation in force thereby deprives the workers concerned of the benefit of the presumption of the occupational origin of the disease.
2. The Committee further observes that the schedule of prescribed diseases does not cover certain halogen derivatives of hydrocarbons of the aliphatic series, whereas the Convention is drafted in general terms to cover poisoning by all such substances. In this respect, entries C.26 to C.29 of the schedule of prescribed diseases enumerate in a restrictive manner the diseases caused by the substances referred to, in contrast with the approach adopted by the Convention. The Committee therefore trusts that, in the context of the review process, the Government will have no difficulty in supplementing the national list of prescribed occupational diseases so as to include all diseases caused by any halogen derivatives of hydrocarbons of the aliphatic series, irrespective of whether they result from cases of acute or chronic poisoning.
The Committee notes the information provided by the Government in its report referring, among other issues, to the modifications made to the national list of occupational diseases. With reference to its previous comments, it notes in particular with satisfaction the 2005 amendment to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations, 1985, including among the occupations liable to cause anthrax infection the handling, loading, unloading or transport of animals of a type susceptible to infection with anthrax or of the products or residues of such animals. The Committee also notes that the Industrial Injuries Advisory Council (IIAC) is currently undertaking an overall review of the list of occupational diseases for which benefits are paid in order to update and simplify it and that the principles of Convention No. 42 will be borne in mind in this context.
The Committee is also raising a number of other points in a request addressed directly to the Government.
Referring to its observation, the Committee wishes to draw the Government’s attention to the following points.
1. In its previous comments, the Committee noted that the list of occupational diseases mentions only a number of disorders caused by electromagnetic or ionizing radiation, whereas the schedule to the Convention covers all pathological manifestations due to radium and other radioactive substances and to X-rays. In this regard, it notes with interest from the information supplied by the Government that the authorities have agreed to add leukaemia (other than chronic lymphatic leukaemia) and certain cancers to the list of occupational diseases than can be caused by electromagnetic radiation or ionizing particles. The Government considers, following the Industrial Injuries Advisory Council’s (IIAC) advice, that there is not sufficient scientific evidence to add other diseases to the abovementioned list. In these circumstances the Committee is bound once again to remind the Government that by listing certain symptoms and pathological manifestations restrictively the legislation introduces a more limited system of coverage than the one provided by the Convention which is drafted in general terms so as to ensure compensation for all disorders, even atypical or new ones, which might occur as the result of poisoning by or the action of an agent. The legislation thus deprives the workers concerned of the benefit of the presumption of the occupational origin of the disease.
2. In its previous comments, the Committee emphasized, first, that the list of occupational diseases covers only certain halogen derivatives of hydrocarbons of the aliphatic series, whereas the Convention was drafted in general terms to cover poisoning by all such substances and, secondly, that the items in the list (Nos. C.26 to C.29) give a restrictive enumeration of the diseases caused by these substances, contrary to the Convention. In reply, the Government indicates once again that the accident provisions of the Social Security (Contributions and Benefits) Act will adequately cover for poisoning by most of the other compounds. It adds that the IIAC is currently undertaking a review of the list of prescribed diseases with regard to exposure to chemicals and will take account of the concerns of the Committee in its consideration. The Committee notes this information. It trusts therefore that in the review process the Government will have no difficulty in supplementing the national list of prescribed occupational diseases so as to cover all diseases caused by any halogen derivatives of hydrocarbons of the aliphatic series, irrespective of whether they resulted from cases of acute or chronic poisoning.
3. In reply to the Committee’s previous comments concerning anthrax infection, the Government indicates once again that the list of work liable to cause this infection is in conformity with the prescriptions of the Convention and that this infection is, moreover, extremely rare in the United Kingdom. The Committee believes that in these circumstances it will be easy for the Government to include the loading, unloading or transport of merchandise in general in the prescribed list of activities that may cause this infection, thus complying formally with the requirements of the Convention on this point, which aims to establish the presumption of the occupational origin of the disease to the benefit of workers who have to handle merchandise of such a varied nature that it would be difficult, if not impossible, to prove that the merchandise handled has been in contact with infected animals or parts of animals.
In its previous comments, the Committee drew the Government’s attention to the need to supplement the list of prescribed occupational diseases so as to conform with the Convention in regard to poisoning by the halogen derivatives of hydrocarbons of the aliphatic series, disorders due to ionizing radiation and anthrax infection. In its report, the Government states that it is advised in this sphere by the Industrial Injuries Advisory Council (IIAC) which is an independent body and includes representatives from the Trades Union Congress (TUC) and the Confederation of British Industry (CBI) as well as experts in the field of occupational health. The IIAC is currently undertaking a long-term review of the list of occupational diseases in order to update and simplify the scheme. In particular, the Council is to confirm that the statutory requirements for prescription for compensation for an occupational disease continue to be satisfied and to identify any amendments required to ensure that they reflect current scientific knowledge.
The Committee takes note of this general information. It also notes with interest that the IIAC recommendations relating particularly to the addition of new diseases among those that can be caused by electromagnetic or ionizing radiation have been accepted. Despite these amendments, national legislation still does not ensure full application of the Convention. The Committee hopes that in the framework of the review process for the list of occupational diseases it will be possible to adopt measures which will take into account the points raised in the direct request which is being addressed to the Government.
With reference to its observation, the Committee wishes to draw the Government's attention to the following points:
(a) With regard to the fact that the list of occupational diseases mentions only a number of disorders caused by electromagnetic radiation or ionizing particles, whereas the schedule to the Convention covers all pathological manifestations due to radium and other radioactive substances and to X-rays, the Government states once again that in the opinion of the Industrial Injuries Advisory Council (IIAC) there is insufficient evidence of the need to add any further cancers caused by ionizing radiation to the prescribed list. It adds that the IIAC Research Working Group continued to monitor closely all new epidemiological evidence on this topic. In these circumstances the Committee is bound once again to point out that by listing certain symptoms and pathological manifestations restrictively the legislation introduces a more limited system of coverage than the one provided for in the Convention which is drawn up in such a way as to ensure compensation for all disorders, even atypical or new ones, which might occur as the result of poisoning by or the action of an agent, as it deprives the workers concerned of the benefit of the presumption of the occupational origin of the disease.
(b) In its previous observation the Committee pointed out that the list of occupational diseases still covered only certain halogen derivatives of hydrocarbons of the aliphatic series, whereas the Convention was drafted in general terms so as to cover poisoning by all such substances. It also pointed out that, unlike the Convention, the items introduced in the list in 1988 (Nos. C. 26 to C. 29) give a restrictive enumeration of the diseases caused by these substances. In reply, the Government states that, together with the IIAC, it believes that the list of prescribed occupational diseases fully covered those compounds in the halogenated aliphatic hydrocarbon group which were known to have caused chronic poisoning in the United Kingdom. Poisoning by most other compounds is covered satisfactorily by the provisions regarding industrial accidents to the extent that, in case of poisoning, a claim for disablement benefit can be made under the Social Security Act. The Committee notes this information with interest. It hopes that the Government will have no difficulty in completing the national list of prescribed occupational diseases so as to cover all diseases caused by any halogen derivatives of hydrocarbons of the aliphatic series, irrespective of whether they resulted from cases of acute or chronic poisoning (as already provided for in the national list for many other chemical agents, see Nos. C. 4, C. 7, etc.).
(c) With regard to anthrax infection, the Government indicates that it has received no evidence that the present terms of prescription for anthrax were inadequate and that there has been only one work-related recorded case of compensated anthrax in the United Kingdom in the past five years. While noting this information, the Committee believes that it will be all the easier for the Government to include the "loading, unloading or transport of merchandise" in the prescribed list of activities that may cause this infection, in order to formally comply with the requirements of the Convention on this point, which aims to establish the presumption of the occupational origin of the disease to the benefit of workers who have to handle merchandise of such a varied nature that it would be difficult, if not impossible, to prove that the merchandise handled has been in contact with infected animals or parts of animals.
The Committee therefore once again hopes that the national list of registered occupational diseases will be supplemented in conformity with the Convention, and requests the Government to indicate any measures taken or contemplated in this connection.
In its previous comments, the Committee urged the Government to re-examine its position towards supplementing the list of prescribed occupational diseases so as to conform to the Convention with regard to poisoning by the halogen derivatives of hydrocarbons of the aliphatic series, disorders due to ionizing radiation and anthrax infection. In its reply, the Government emphasizes that there was no intention to limit the coverage of its legislation so as deliberately to exclude certain disorders and that the incidence of all occupational diseases continues to be monitored and the list of diseases supplemented when it is considered necessary. It adds that the Industrial Injuries Advisory Council (IIAC) continues to keep the principles of the Convention in mind when considering whether the list of prescribed diseases for which benefit may be paid should be enlarged or amended. The Government, however, believes that all diseases which can be attributed with reasonable certainty to the nature of particular employments, rather than being a risk common to all persons, are in fact included in the list of prescribed occupational diseases, as required by the Convention.
The Committee notes this general statement. It also notes a number of specific regulations adopted by the Government to include certain new diseases and toxic substances in the list of prescribed occupational diseases, as well as the recommendations made to this effect by the IIAC, supplied by the Government with its report. It observes, however, that these measures still do not contain the necessary modifications to ensure that full effect is given to the Convention in the national legislation. It is therefore bound once again to draw the Government's attention to the points it raised in the request addressed directly to the Government.
In the comments it has been making for many years, the Committee has expressed the hope that the list of occupational diseases in the national legislation will be supplemented so as to conform to the Convention with regard to poisoning by the halogen derivatives of hydrocarbons of the aliphatic series, disorders due to ionising radiation and anthrax infection. In this connection, the Committee notes that the new list of prescribed diseases in schedule 1 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (No. 967), as amended, does not contain the necessary modifications to ensure that full effect is given to the Convention. It must therefore draw the Government's attention to the following points:
(a) In reply to the Committee's previous comment that in the list of occupational diseases a number of disorders caused by electromagnetic radiation or ionising particles were enumerated restrictively, whereas the schedule to the Convention covers all pathological manifestations due to radium and other radioactive substances and to X-rays, the Government states that the Industrial Injuries Advisory Council concluded, in December 1986, that there was insufficient evidence of the need to add any further cancers caused by ionising radiation to the prescribed list. While noting this information, the Committee must point out that the Convention is deliberately worded in very general terms so as to cover all the pathological manifestations caused by the substances or agents listed in the schedule to the Convention when they affect workers engaged in the trades, industries or processes listed in the same schedule. By listing certain symptoms and pathological manifestations restrictively the legislation introduces a more limited system of coverage than the one provided for in the Convention which is drawn up in such a way as to ensure compensation for all disorders, even atypical or new ones, which might occur as the result of poisoning by or the action of an agent, as it deprives the workers concerned of the benefit of the presumption of the occupational origin of the disease. The Committee also recalls that the item concerning disorders due to ionising radiations in the list of prescribed diseases remains unchanged in relation to the 1959 list and does not appear to permit the compensation as occupational diseases of certain pathological manifestations such as, as was already pointed out in 1971, bronchogenic carcinoma of miners of radioactive ores or workers exposed to radon, lesions of the eye other than cataract, such as iritis and keratitis due to ionising radiation, or lesions of internal organs (in particular the thyroid) due to the action of radio-isotopes.
(b) The Government indicates in its report that four diseases caused by the halogen derivatives of hydrocarbons of the aliphatic series have been added to the above list of diseases (items Nos. C.26, C.27, C.28, C.29). While noting this information with interest, the Committee observes that, despite this addition, the list of occupational diseases still covers only certain halogen derivatives of hydrocarbons of the aliphatic series whereas the Convention is drafted in general terms so as to cover poisoning by all the halogen derivatives of hydrocarbons of the aliphatic series. Furthermore, the new items - C.26 to C.29 - added to the list of occupational diseases in 1988 give a restrictive enumeration of the diseases caused by the substances mentioned, unlike the Convention (see point (a) above).
(c) With regard to anthrax infection, the Government states that the Industrial Injuries Advisory Council does not consider that the present wording of the activities that may cause this infection, i.e.: "contact with animals infected with anthrax or the handling (including the loading, unloading or transport) of animal products or residue" is inadequate. The Committee can only stress once again that, by including also the "loading, unloading or transport of merchandise", the Convention aims to establish the presumption of occupational origin of the disease to the benefit of workers engaged in these activities, so as to protect workers who have to handle merchandise of such a varied nature that it would be difficult, if not impossible, to prove that the merchandise handled has been in contact with infected animals or parts of animals.
The Committee none the less notes the Government's statement that the Industrial Injuries Advisory Council continues to keep the principles of Convention No. 42 at the forefront of its mind. It therefore hopes that the Government will be able to re-examine the matter in the light of its comments and will be able to take the necessary measures to supplement, in accordance with the Convention, the national list of occupational diseases in respect of the above-mentioned points. It asks the Government to provide detailed information on progress made in this respect.