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Recording and Notification of Occupational Accidents and Diseases and ILO List of Occupational Diseases

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Recording and Notification of Occupational Accidents and Diseases and ILO List of Occupational Diseases Replies received and commentaries i International Labour Conference 90th Session 2002 Report V(1) Recording and notification of occupational accidents and diseases and ILO list of occupational diseases Fifth item on the agenda International Labour Office Geneva ii Recording and notification of occupational accidents and diseases ISBN 92-2-112425-8 ISSN 0074-6681 First published 2001 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. A catalogue or list of new publications will be sent free of charge from the above address. Printed in Switzerland ATA Replies received and commentaries iii CONTENTS Pages INTRODUCTION . 1 CHAPTER I: Recording and notification of occupational accidents and diseases . 3 The role of recording and notification of occupational accidents and diseases . 3 Recording at the level of the enterprise . 5 National notification systems . 5 Coverage of notification systems . 6 Notification of occupational accidents . 7 How “occupational accident” is defined . 7 Notification of fatal occupational accidents . 7 Notification of non-fatal occupational accidents . 7 Type of accident information notified . 8 How and when information is notified . 8 Notification of commuting accidents and dangerous occurrences . 9 Commuting accidents . 9 Dangerous occurrences . 9 Notification of occupational diseases . 9 How “occupational disease” is defined . 9 Notification of occupational diseases . 10 ILO activities . 11 Existing ILO instruments . 11 Activities of the International Conference of Labour Statisticians (ICLS) . 12 CHAPTER II: Lists of occupational diseases . 13 The role and influence of Schedule I to the Employment Injury Benefits Conven- tion, 1964 . 13 Recognition of occupational diseases for compensation and prevention purposes 14 New occupational diseases . 16 Diseases suspected of being occupational in origin . 18 International activities . 18 ILO activities . 19 CHAPTER III: The case for new international instruments . 21 Extent of under-reporting of occupational accidents and diseases . 21 Coherence of information to be recorded . 21 Recording of incidents . 22 Preventing occupational accidents and diseases . 22 iv Recording and notification of occupational accidents and diseases Recording and notification of occupational diseases and diseases suspected of being occupational in origin . 22 A possible new instrument on the recording and notification of occupational accidents and diseases . 23 Updating mechanism for the ILO list of occupational diseases . 24 Consolidating the relationship between recording and notification of occupational diseases and Schedule I to Convention No. 121 . 25 Possible content of a new instrument or instruments . 25 Questionnaire . 29 APPENDIX I: Substantive provisions of the Occupational Safety and Health Convention, 1981 (No. 155) . 35 APPENDIX II: ILO code of practice on the recording and notification of occupational accidents and diseases (contents) . 40 APPENDIX III: Schedule I to the Employment Injury Benefits Convention, 1964 (No. 121) . 42 APPENDIX IV: Proposed list of occupational diseases appended to the ILO code of practice on the recording and notification of occupational accidents and diseases 44 Introduction 1 INTRODUCTION At its 279th Session (November 2000) the Governing Body of the International Labour Office decided to place an item on the recording and notification of occupa- tional accidents and diseases, including the possible revision of the list of occupational diseases, Schedule I to the Employment Injury Benefits Convention, 1964 (No. 121), on the agenda of the 90th Session (2002) of the International Labour Conference, with a view to standard setting under the single-discussion procedure. The Governing Body also indicated that the development of a mechanism for regularly updating the list of occupational diseases should be examined by the Conference as part of the above agenda item. Owing to the limited time frame for the preparation of this law and practice report, it has been prepared on the basis of materials provided by member States in reply to past surveys, meetings of experts and other sources available at the International Labour Office. The approaches described in the report are representative samples of existing practices and identify the relevant issues for discussion. The Occupational Safety and Health Convention, 1981 (No. 155) (the substantive provisions of which are reproduced in Appendix I), includes provisions on the establishment of procedures for the notification of occupational accidents and diseases and provides the basis for the possible elaboration of a Protocol on the subject. The report also reflects the ILO code of practice on the recording and notification of occupational accidents and diseases 1 published in 1996, the contents of which are reproduced in Appendix II. Chapter I of this report covers recording and notification practice; Chapter II fo- cuses on issues relating to lists of occupational diseases for compensation as well as recording and notification purposes; and Chapter III argues the case for new ILO in- struments. It examines measures for strengthening recording and notification at both national and international levels. Looking at the relationship between recording and notification and the list of occupational diseases in Schedule I to Convention No. 121, it proposes the consolidation of these frameworks through the establishment of a new ILO list of occupational diseases with a flexible updating mechanism. The chapter concludes with an outline of the content of the possible new instrument or instruments. The report ends with a questionnaire to which governments are asked to give sub- stantiated replies. On the basis of information received, the Office will draft a second report summarizing the views expressed and pointing out the main issues the Confer- ence may wish to consider. To allow the Office time to draft the final report, which in accordance with art- icle 38, paragraph 2, of the Standing Orders must be communicated to governments not less than four months before the opening of the 90th Session of the Conference, governments are requested to send their replies so as to reach the Office no later than 30 September 2001. In this respect, the Office draws the governments’ attention to 1 Recording and notification of occupational accidents and diseases: An ILO code of practice (Geneva, ILO, 1996). 2 Recording and notification of occupational accidents and diseases article 38, paragraph 1, of the Standing Orders, under which governments are asked to consult the most representative organizations of employers and workers before finaliz- ing their replies. The results of this consultation should be reflected in the govern- ments’ replies, and they are requested to indicate which organizations have been so consulted. Recording and notification of occupational accidents and diseases 3 CHAPTER I RECORDING AND NOTIFICATION OF OCCUPATIONAL ACCIDENTS AND DISEASES THE ROLE OF RECORDING AND NOTIFICATION OF OCCUPATIONAL ACCIDENTS AND DISEASES The absence of reliable information about the incidence of occupational accidents and disease is a major obstacle to curbing the appalling toll of work-related deaths and injuries that continues to plague humankind. Despite enormous advances in technol- ogy, preventive medicine and the means to prevent accidents, the ILO and the World Health Organization (WHO) estimate that each year around 1.2 million work-related deaths, 250 million accidents and 160 million work-related diseases occur worldwide. Death, illness and injury on such a scale impoverish individuals and their families, and undermine attempts to improve working conditions. In addition to immeasurable hu- man suffering, they cause major economic losses for enterprises and societies as a whole, such as lost productivity and reduced work capacity. It is estimated that around 4 per cent of the world’s gross domestic product (GDP) is lost in terms of various direct and indirect costs including compensation, medical expenses, property damage, lost earnings and replacement training. Information is needed, particularly by those charged with the task of remedying this situation, in order to understand what preven- tive action is necessary. This information must be sufficiently comprehensive and above all accurate. There are many different audiences for information about occupational accidents and diseases: employers, workers, occupational safety and health professionals, insur- ance institutions, governments, international organizations, and those involved in emergency response — to name but a few. Broadly speaking, all audiences need infor- mation for the same purpose, but there are differences in emphasis concerning the nature of the information required, as well as between action
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