Observación (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

Article 8 of the Convention. In its previous comments, the Committee had pointed out that the list of occupational diseases, established by Decree No. 9634bis of 14 November 1958 (modified by Decree No. 5199 of 18 April 1960), did not conform fully to the list of occupational diseases in Schedule I of the Convention to the extent that the national list of occupational diseases, on the one hand, set forth a limited number of diseases likely to be caused by substances mentioned in the Convention and, on the other hand, generally does not cover all these substances.

In its previous report for the period ending 30 June 1985 the Government had included a draft list of occupational diseases, which the Committee had considered sufficient to permit the application of this provision of the Convention. The Committee had therefore expressed the hope, in a direct request made in 1987, that this draft list be adopted in the near future, and had requested the Government to communicate the text, once it had been adopted.

In its latest report, the Government submitted a new draft list of occupational diseases, which is now at a very advanced stage and should be adopted in the near future after approval by the National Consultative Council of Labour. The Committee takes note of this new draft. It notes, however, that this new draft list is not in conformity with the list in the appendix of the Convention on a certain number of points, to the extent that it is drawn up in a manner which is similar to the list of occupational diseases currently in force.

In the first place, the Committee is bound to point out that the new draft list of occupational diseases contains in the left-hand column a restrictive enumeration of certain diseases which would entitle a person to compensation, whereas the list attached to the Convention is formulated in general terms so as to cover all diseases and disorders caused by the toxic substances or noxious agents mentioned by the Convention.

Secondly, the new draft list of occupational diseases in general does not cover all the substances, exposure to which is likely to cause diseases. The following are the substances concerned: phosphorus or its toxic compounds (item No. 17 of the draft list mentions only phosphorus and sesquisulphur of phosphorus, and item No. 33 pyrophosphate phosphates and alcoyl aryle thiophosphates or alcoyl aryle and other organic phosphorus, as well as phosphoramides and anticholinesterasic carbonates); chromium or its toxic compounds (item No. 10 mentions only chromic acid as well as alkaline chromates and bichromates, chromate of zinc and sulfate of chromium); manganese or its toxic compounds (item No. 38 mentions only bioxide of manganese); toxic halogen derivatives of aliphatic hydrocarbons (item No. 12 mentions only a few of these derivatives); benzene or its toxic homologues (item No. 4 mentions only benzene and its derivatives, and item No. 5, benzene, toluene, xylenes and their derivatives); toxic nitro and amino derivatives of benzene or its homologues (item No. 13 mentions only nitric and chloronitric derivatives of benzene carbide).

Thirdly, with regard to primary epitheliumatous cancer of the skin, the new draft list of occupational diseases does not mention all the substances mentioned by the Convention as being likely to cause this disease (item No. 16 mentions only tar, pitch and anthracene).

The Committee therefore hopes that in the near future the Government will be able to adopt the necessary measures to give full effect to the Convention by completing the draft list of occupational diseases communicated in its last report with due regard to the above comments, unless it prefers to adopt without alteration the draft list of occupational diseases communicated with its previous report on the period ending 30 June 1985. The Committee trusts that the next report from the Government will be able to specify the progress made in ensuring full application of this provision of the Convention which has been the subject of comments for over 20 years.

Furthermore, the Committee would again request the Government to supply information on certain points raised in a direct request to the Government. [The Government is asked to report in detail for the period ending 30 June 1990.]