Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Burkina Faso (Ratification: 1960)

Schedule of occupational diseases. Anthrax infection. In its previous comments, the Committee drew the Government’s attention to the need to amend item 13 of the schedule of occupational diseases with a view to replacing the reference to anthrax fever with a reference to anthrax infection, as the former is only a symptom of the latter. In its last report, the Government indicates that the definition of occupational diseases has been extended under the effects of section 53 of Article No. 015-2006 AN of 11 May 2006 establishing the social security scheme applicable to employed persons and similar workers. Under this provision, a disease that is not included in the schedule of occupational diseases may henceforth also be presumed to be of occupational origin if it is established that it is essentially and directly caused by the usual work of the victim and that it has resulted in the latter’s death or permanent incapacity. Furthermore, the Government indicates that Decree No. 96-355/PRES/PM/MS/METSS of 11 October 1996 issuing the schedule of occupational diseases (a copy of which was attached to the report) will be amended in the near future so as to take into account the amendments made by the Act of 2006 and the comments of the Committee of Experts. The Committee takes due note of this information and requests the Government to provide copies with its next report of the amendments made to item No. 13 of the Decree of 1996 with a view to the explicit inclusion of anthrax infection as an occupational disease where it affects workers engaged in the activities specified by the Convention. The Committee considers that the extension of the concept of occupational disease so as to cover certain pathologies that are not included in the schedules of occupational diseases, although it affords better protection to workers by establishing a mechanism for the additional recognition of diseases that are new or still unknown taking into account the present state of scientific knowledge, does not in itself suffice to give full effect to the Convention. The objective of the latter is to dispense protected workers from the need to provide proof of the causal link between their disease and its occupational origin when the disease is among those enumerated in the schedule attached to Article 2 of the Convention.

Poisoning by lead and mercury. The Committee notes that schedules 1 and 31 attached to the Decree of 1996 referred to above continue to enumerate in a limitative manner certain pathological manifestations due to infections caused by lead or mercury or their compounds. In this respect, it wishes once again to recall that the Convention refers in general terms to all poisoning by lead and mercury, their alloys, amalgams and compounds and their sequelae. The Committee therefore invites the Government to take the opportunity of the forthcoming revision of the Decree of 1996 establishing the schedule of occupational diseases to bring schedules 1 and 31 fully into conformity with the Convention (for example, by ensuring that the diseases currently listed are included only by way of illustration).