Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Repetition

The Committee notes that the Second Schedule of the Workmen’s Compensation Act (Act No. 5 of 1952), as amended up to 1982, a copy of which was attached to the report, lists a number of diseases in the left-hand column of the Schedule that are presumed to be of occupational origin when workers have been working in a number of corresponding occupations listed in the right-hand column. The Committee wishes to draw the attention of the Government to the fact that, among the occupations likely to cause anthrax infection, only work in contact with animals infected with anthrax and the handling of animal carcasses or parts thereof is listed, whereas the Convention also covers the loading and unloading or transport of merchandise. The Committee hopes that this addition will be made in the near future so as to bring the Second Schedule of the Workmen’s Compensation Act into complete conformity with the Convention on this point.

According to section 11(6)(a) of the Workmen’s Compensation Act, the diseases resulting from working in the corresponding occupations in the Second Schedule shall only be presumed to be of occupational origin if the person was employed in this occupation within a period of 12 months immediately preceding the incapacity or death. The Committee is bound to observe that imposing a time limit of 12 months would mean that the occupational nature of the disease would only be recognized if it occurs in the 12 months following employment in the occupation concerned and denied afterwards, contrary to the Convention. The Committee asks the Government to abolish the time limit of 12 months so as to bring article 11(6)(a) of the Workmen’s Compensation Act into full conformity with Article 2 of the Convention.