Solicitud directa (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

With reference to its observation, the Committee notes from the Government's report that the implementing regulations concerning compensation for industrial accidents and occupational diseases provided for in section 58 of the Act respecting the social security system, No. 18/90, have not yet been adopted. It also notes the Government's statement that the Committee's comments will be taken into account when the regulations are adopted. As the report does not contain any other information on the questions raised by the Committee in its previous request, the Committee wishes once again to draw the Government's attention to the following points:

1. Article 2, paragraph 1, of the Convention. The Committee hopes that the regulations respecting the compensation of industrial accidents and occupational diseases provided for in section 58 of Act No. 18 of 27 October 1990 will also apply, in accordance with this provision of the Convention, to apprentices, in view of the fact that these are not referred to explicitly in section 4 of Act No. 18.

2. Article 2, paragraph 2(a). Section 85(1)(c) of Act No. 18 of 1990 temporarily excludes casual workers from its scope. The Committee hopes that the regulations respecting the compensation of industrial accidents which are to be adopted will limit this exclusion to persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer's trade or business, in accordance with the provisions of paragraph 2(a) of Article 2 of the Convention.

3. Article 10. The Committee would be grateful if the Government would indicate whether, and by virtue of what provision, the prostheses referred to in section 23(1)(a) of Decree No. 16 of 9 August 1986 are provided free of charge to the victims of industrial accidents, in accordance with this Article of the Convention. Please also indicate whether, in what manner, and by virtue of which provision, artificial limbs and surgical appliances are renewed, in view of the fact that section 23 above only refers to the supply of prostheses.

4. Furthermore, the Committee would be grateful if the Government would supply detailed information on the implementation in practice of the national health system and on the development of its structures, in order to enable it to assess whether these respond to the needs of victims of industrial accidents in respect of medical aid, surgical and pharmaceutical aid, as well as artificial limbs and surgical appliances, in accordance with Articles 9 and 10 of the Convention.