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Women and Occupational Diseases. the Case of Belgium — Laurent Vogel, Director of Working Conditions, Health and Safety Department, ETUI

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Women and Occupational Diseases. the Case of Belgium — Laurent Vogel, Director of Working Conditions, Health and Safety Department, ETUI ..................................................................................................................................... Women and occupational diseases. The case of Belgium — Laurent Vogel, Director of Working Conditions, Health and Safety Department, ETUI ..................................................................................................................................... Report 122 This report was written under an agreement between the Council for the Equality of Women and Men (Belgium) and the European Trade Union Institute (ETUI). The Council is a federal advisory body set up to achieve de facto gender equality and eliminate both direct and indirect gender discrimination. www.conseildelegalite.be © European Trade Union Institute, aisbl, 2011 ISBN 978-2-87452-244-4 Contents Foreword .......................................................................................................................................................5 Introduction ...............................................................................................................................................7 Section 1 – The legal and institutional framework of reporting, recognition and prevention of occupational diseases in Belgium ........................................................9 The 19th century: from no statutory provision to protective exclusion of women and children ...................................................................................................................................................9 The 20th century: a gradually asserted right couched in gender neutral terms ....................10 Today: the key players and other stakeholders in prevention .....................................................12 The framework around the reporting and recognition of occupational diseases .................13 The Community framework for occupational diseases ..................................................................18 Section 2 – A gender analysis of the occupational disease data is needed ........23 Problems and limitations ........................................................................................................................ 23 Notification of occupational diseases ................................................................................................ 25 First compensation claims .......................................................................................................................27 The Fund’s decisions on first compensation claims ....................................................................... 28 Overall compensation for permanent work disabilities ................................................................ 29 Derived rights: spouse’s pension .......................................................................................................... 33 Accepted claims under the Asbestos Fund ....................................................................................... 33 Section 3 – The occupational disease and working conditions survey data compared .......................................................................................................................................37 The European Working Conditions Survey (EWCS) ........................................................................ 38 Basic EWCS data on women’s work in Belgium .............................................................................. 39 Section 4 – Research recommendations ...................................................................................47 The medium and long-term impact of occupational diseases (and work accidents) on employment ...........................................................................................................................................47 Cancer and work: a largely unexplored field of research on working conditions in Belgium ................................................................................................................................................... 48 Legal and sociological analysis of the processes for recognition of occupational diseases ........................................................................................................................................................ 50 Increasing knowledge about the impact of working conditions on women’s health ......... 50 Section 5 – Selected policy recommendations ......................................................................51 Assess and reform the current system for recognition of occupational diseases .................51 Get the link between recognition of occupational diseases and prevention working ....... 52 Gender balance: a health and safety at work policy objective .................................................. 52 Conclusions ..............................................................................................................................................55 Bibliography ............................................................................................................................................57 List of tables ...........................................................................................................................................60 Annex 1 – List of recognized occupational diseases (at January 2010) .....................61 Annex 2 – Disease groups in the FMP statistics ..................................................................61 Annex 3 – Recommendations .......................................................................................................... 62 Women and occupational diseases — The case of Belgium Foreword Hedwig Peemans-Poullet Chair, Gender and Health Committee, Council for the Equality of Women and Men Laurent Vogel Director, Working Conditions, Health and Safety Department, European Trade Union Institute (ETUI) Compensation for occupational diseases plays a key role. At an individual lev- el, it represents support by the social security system to ensure occupational disease sufferers of a certain level of income. On a collective level, it gives special visibility to particular occupational health problems, thereby helping to build awareness among all those concerned with prevention policies. In Belgium, as in most industrialized countries, the compensation system was established in stages. The first piece of legislation dates back to 1927. Although the system has developed considerably in just over 80 years, no comprehen- sive study has ever been done of the respective situations of women and men This report is a cooperative venture by Belgium’s Council for the Equality of Women and Men and the European Trade Union Institute. It is an initial stocktaking based mainly on the Occupational Diseases Fund (FMP) statistics and the findings of surveys into working conditions in Belgium or, where there was no data, in neighbouring countries. For the Council for the Equality of Women and Men, it was important to do a critical analysis of the statistical data to identify specific problems poten- tially related to gender differential treatment, as called for in a Council opin- ion adopted on 26 June 2001 on the gender and health impacts of working conditions. For the European Trade Union Institute, the research contained in this report forms part of a set of activities intended to strengthen the link between occu- pational health policies and equality policies. Both organizations believe that these issues need to be debated both in Bel- gium and in the European Union. Hopefully, this will help to raise awareness amongst the many stakeholders involved in establishing, recognising, com- pensating and preventing work-induced illnesses. 5 Women and occupational diseases — The case of Belgium Introduction The international literature on public health points up the scant attention paid to diseases caused by poor working conditions and a lack of prevention in workplaces1. Most of such health damage is disregarded by most occupational disease reporting and compensation systems. Since the 1980s, various authors have described these systems as operating like a set of filters2 which may be of different kinds: definitional (as to what counts as a work-related disease), institutional, legislative, social or cultural. The combined effect of these filters is not just quantitative, limited to gen- erally under-rating the harm that working conditions and jobs do to health. There are also important qualitative effects. Information produces biases. The available data do not paint a scaled-down picture of the bigger reality. They are also highly selective. Some diseases are nigh-invisible compared to others: this is particularly true of cancer and mental health problems. Some catego- ries of worker are also more affected by ignoring the link between work and health: contingent workers, migrant workers, etc. For the past twenty years, different authors have been pointing out how gender permeates the filtering of work-related illnesses3. This situation is partly to blame for a vicious circle: there is less prevention in women-dominated sectors, which results in less attention paid to the ap- pearance of work-related health problems and reinforces stereotypes about women’s work being less hazardous to health. This report sets out to be an exploratory study. It examines and analyzes the available data, focusing on two main sources: the statistics of Belgium’s Oc- cupational Diseases Fund (FMP), and the data on working conditions
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