31990H0326

*****

COMMISSION RECOMMENDATION

of 22 May 1990

to the Member States concerning the adoption of a European schedule of occupational diseases

(90/326/EEC)

The Commission, under the terms of the Treaty establishing the European Economic Community and in particular Article 155 thereof, and without prejudice to more favourable national laws or regulations, recommends that the Member States:

1. introduce as soon as possible into their national laws, regulations or administrative provisions concerning scientifically recognized occupational diseases liable for compensation and subject to preventive measures, the European schedule in Annex I;

2. take steps to introduce into their national laws, regulations or administrative provisions the right of a worker to compensation in respect of occupational diseases if the worker is suffering from an ailment which is not listed in Annex I but which can be proved to be occupational in origin and nature, particularly if the ailment is listed in Annex II;

3. ensure as far as possible that all cases of occupational disease are reported and progressively make their statistics on occupational diseases compatible with the schedule in Annex I;

4. - develop and improve the various preventive measures for the diseases mentioned in the European schedule, turning, if necessary, to the Commission for information on the experience acquired by Member States,

- use for this purpose the European schedule as a reference document on the prevention of occupational diseases and certain work accidents;

5. - circulate notices on the occupational diseases in their national list, taking special account of the medical information notices on occupational diseases in the European schedule, drawn up by the Commission,

- supply in particular all relevant information on diseases or agents recognized in their national legislation when requested to do so by another Member State through the Commission, and supply the Commission with statistical and epidemiological information on the incidence of occupational diseases;

6. Provide the personnel responsible for implementing the national provisions resulting from this recommendation with adequate training;

7. - introduce a system for the collection of information on data concerning the epidemiology of the diseases listed in Annex II and any other disease of an occupational nature,

- promote research in the field of ailments linked to an occupational activity, in particular the ailments listed in Annex II. This recommendation shall not apply to diseases which are not recognized as being occupational in origin.

The Member States shall themselves determine the criteria for recognizing each occupational disease in accordance with their current national laws or practices.

The Commission requests the Member States to inform it, at the end of a three-year period, of the measures taken or envisaged in response to this recommendation. The Commission will then examine the extent to which this recommendation has been implemented in the Member States, in order to determine whether there is a need for binding legislation.

Done at Brussels, 22 May 1990.

For the Commission

Vasso PAPANDREOU

Member of the Commission

ANNEX I

EUROPEAN SCHEDULE OF OCCUPATIONAL DISEASES

The diseases mentioned in this schedule must be linked directly to the occupation. The Commission will determine the criteria for recognizing each of the occupational diseases listed hereunder:

1.2.3 // 1. // Diseases caused by the following chemical agents: // // // // EEC No // 100 // Acrylonitrile // 608 003 004 // 101 // Arsenic or compounds thereof // 033 002 005 // 102 // Beryllium (glucinium) or compounds thereof // - // 103.01 // Carbon monoxide // 006 001 002 // 103.02 // Carbon oxychloride // - // 104.01 // Hydrocyanic acid // - // 104.02 // Cyanides and compounds thereof // 006 007 005 // 104.03 // Isocyanates // - // 105 // Cadmium or compounds thereof // 048 001 005 // 106 // Chromium or compounds thereof // - // 107 // Mercury or compounds thereof // 080 001 000 // 108 // Manganese or compounds thereof // - // 109.01 // Nitric acid // 007 004 001 // 109.02 // Oxides of nitrogen // 007 002 000 // 109.03 // Ammonia // 007 001 005 // 110 // Nickel or compounds thereof // - // 111 // Phosphorus or compounds thereof // 015 001 001 // 112 // Lead or compounds thereof // 082 001 006 // 113.01 // Oxides of sulphur // - // 113.02 // Sulphuric acid // 016 020 008 // 113.03 // Carbon disulphide // 006 003 003 // 114 // Vanadium or compounds thereof // - // 115.01 // Chlorine // 017 001 007 // 115.02 // Bromine // - // 115.04 // Iodine // 602 005 003 // 115.05 // Fluorine or compounds thereof // 009 001 000 // 116 // Aliphatic or alicyclic hydrocarbons derived from petroleum spirit or petrol // - // 117 // Halogenated derivatives of the aliphathic or alicyclic hydrocarbons // - // 118 // Butyl, methyl and isopropyl alcohol // - // 119 // Ethylene glycol, diethylene glycol, 1,4-butanediol and the nitrated derivatives of the glycols and of glycerol // - // 120 // Methyl ether, ethyl ether, isopropyl ether, vinyl ether, dichloroisopropyl ether, guaiacol, methyl ether and ethyl of ethylene glycol // - // 121 // Acetone, chloroacetone, bromoacetone, hexafluoroacetone, methyl ethyl ketone, methyl n-butyl ketone, methyl isobutyl ketone, diacetone alcohol, mesityl oxide, 2-methylcyclohexanone // - // 122 // Organophosphorus esters // - // 123 // Organic acids // - // 124 // Formaldehyde // - // 125 // Aliphatic nitrated derivatives // - // 126.01 // Benzene or counterparts thereof (the counterparts of benzene are defined by the formula: CnH2n-6) // 601 020 008 // 126.02 // Naphthalene or naphthalene counterparts (the counterpart of naphthalene is defined by the formula: CnH2n-12) // - // 126.03 // Vinylbenzene and divinylbenzene // - // 127 // Halogenated derivatives of the aromatic hydrocarbons // - // // // EEC No // 128.01 // Phenols or counterparts or halogenated derivatives thereof // - // 128.02 // Naphthols or counterparts or halogenated derivatives thereof // - // 128.03 // Halogenated derivatives of the alkylaryl oxides // - // 128.04 // Halogenated derivatives of the alkylaryl sulfonates // - // 128.05 // Benzoquinones // - // 129.01 // Aromatic amines or aromatic hydrazines or halogenated, phenolic, nitrified, nitrated or sulfonated derivatives thereof // - // 129.02 // Aliphatic amines and halogenated derivatives thereof // - // 130.01 // Nitrated derivatives of aromatic hydrocarbons // - // 130.02 // Nitrated derivatives of phenols or their counterparts // - // 131 // Antimony and derivatives thereof // 051 003 009 // 2. // Skin diseases caused by substances and agents not included under other headings // // 201 // Skin diseases and skin cancers caused by: // // 201.01 // Soot // // 201.02 // Tar // // 201.03 // Bitumen // // 201.04 // Pitch // // 201.05 // Anthracene or compounds thereof // - // 201.06 // Mineral and other oils // // 201.07 // Crude paraffin // // 201.08 // Carbazole or compounds thereof // - // 201.09 // By-products of the distillation of coal // 1.2 // 202 // Occupational skin ailments caused by scientifically recognized allergy provoking or irritative substances not included under other headings // 3. // Diseases caused by the inhalation of substances and agents not included under other headings // 301 // Diseases of the respiratory system and cancers: // 301.11 // Silicosis // 301.12 // Silicosis combined with pulmonary tuberculosis // 301.21 // Asbestosis // 301.22 // Mesothelioma following the inhalation of asbestos dust // 301.31 // Pneumoconioses caused by dusts of silicates // 302 // Complication of asbestos in the form of bronchial cancer // 303 // Broncho-pulmonary ailments caused by dusts from sintered metals // 304.01 // Extrinsic allergic alveolites // 304.02 // Lung diseases caused by the inhalation of dusts and fibres from cotton, flax, hemp, jute, sisal and bagasse // 304.03 // Respiratory ailments of an allergic nature caused by the inhalation of substances consistently recognized as causing allergies and inherent to the type of work // 304.04 // Respiratory ailments caused by the inhalation of dust from cobalt, tin, barium and graphite // 304.05 // Siderosis // 305.01 // Cancerous diseases of the upper respiratory tract caused by dust from wood // 4. // Infectious and parasitic diseases: // 401 // Infectious or parasitic diseases transmitted to man by animals or remains of animals // 402 // Tetanus // 403 // Brucellosis // 404 // Viral hepatitis // 405 // Tuberculosis // 406 // Amoebiasis // 5. // Diseases caused by the following physical agents: // 502.01 // Cataracts caused by heat radiation // 502.02 // Conjunctival ailments following exposure to ultraviolet radiation // 503 // Hypoacousis or deafness caused by noise // 504 // Diseases caused by atmospheric compression or decompression // 505.01 // Osteoarticular diseases of the hands and wrists caused by mechanical vibration // 505.02 // Angioneurotic diseases caused by mechanical vibration // 506.10 // Diseases of the periarticular sacs due to pressure // 506.21 // Diseases due to overstraining of the tendon sheaths // 506.22 // Diseases due to overstraining of the peritendineum // 506.23 // Diseases due to overstraining of the muscular and tendonous insertions // 506.30 // Meniscus lesions following extended periods of work in a kneeling or squatting position // 506.40 // Paralysis of the nerves due to pressure // 507 // Miner's nystagmus // 508 // Diseases caused by ionizing radiation

ANNEX II

ADDITIONAL LIST OF DISEASES SUSPECTED OF BEING OCCUPATIONAL IN ORIGIN WHICH SHOULD BE SUBJECT TO NOTIFICATION AND WHICH MAY BE CONSIDERED AT A LATER STAGE FOR INCLUSION IN ANNEX I TO THE EUROPEAN SCHEDULE

1.2.3 // 2.1. // Diseases caused by the following chemical agents: // // // // EEC No // 2.101 // Ozone // - // 2.102 // Aliphatic hydrocarbons other than those referred to under heading 1.116 of Annex I // - // 2.103 // Diphenyl // - // 2.104 // Decalin // - // 2.105 // Aromatic acids - aromatic anhydrides // - // 2.106 // Diphenyl oxide // - // 2.107 // Tetrahydrophurane // 603 025 000 // 2.108 // Thiopene // - // 2.109 // Methacrylonitrile // 608 001 003 // // Acetonitrile // - // 2.110 // Hydrogen sulphide // 016 001 004 // 2.111 // Thioalcohols // - // 2.112 // Mearcaptans and thioethers // - // 2.113 // Thallium or compounds thereof // 081 002 009 // 2.114 // Alcohols or their halogenated derivatives not referred to under heading 1.118 of Annex I // - // 2.115 // Glycols or their halogenated derivatives not referred to under heading 1.119 of Annex I // - // 2.116 // Ethers or their halogenated derivatives not referred to under heading 1.120 of Annex I // - // 2.117 // Ketones or their halogenated derivatives not referred to under heading 1.121 of Annex I // - // 2.118 // Esters or their halogenated derivatives not referred to under heading 1.122 of Annex I // - // 2.119 // Furfural // 605 010 004 // 2.120 // Thiophenols or counterparts or halogenated derivatives thereof // - // 2.121 // Silver // - // 2.122 // Selenium // 034 002 008 // 2.123 // Copper // - // 2.124 // Zinc // - // 2.125 // Magnesium // - // 2.126 // Platinum // - // 2.127 // Tantalum // - // 2.128 // Titanium // - // 2.129 // Terpenes // - // 2.130 // Boranes // - // 2.140 // Diseaes caused by inhaling nacre dust // // 2.141 // Diseases caused by hormonal substances // // 2.150 // Dental caries associated with work in the chocolate, sugar and flour industries // // 2.2. // Skin diseases caused by substances and agents not included under other headings: // // 2.201 // Allergic and orthoallergic skin ailments not recognized in Annex I // // 2.3. // Diseases caused by inhaling substances not included under other headings: // // 2.301 // Pulmonary fibroses due to metals not included in the European schedule // // 2.302 // Broncho-pulmonary ailments caused by dusts or fumes from aluminium or compounds thereof // // 2.303 // Broncho-pulmonary ailments and cancers associated with exposure to the following: // // // - soot, // // // - tar, // // // - bitumen, // // // - pitch, // // // - anthracene or compounds thereof, // // // - mineral and other oils // // 2.304 // Broncho-pulmonary ailments caused by man-made mineral fibres // // 2.305 // Broncho-pulmonary ailments caused by synthetic fibres // // 2.306 // Broncho-pulmonary ailments caused by dusts from basic slags // // 2.4. // Infectious and parasitic diseases not described in Annex I: // // 2.401 // Parasitic diseases // // 2.402 // Tropical diseases // // 2.403 // Infectious diseases, not included in Annex I, of workers engaged in disease prevention, health care, domiciliary assistance or laboratory work and other activities where a risk of infection exists // // 2.5. // Avulsion due to overstraining of the spinous processes

ANNEX III

THE SITUATION IN THE MEMBER STATES

This Annex was adopted in 1989 and is for guidance only, as the situation is in constant development. It will be updated when the Commission presents its report on the impact of the present recommendation in accordance with Item 4 of the explanatory memorandum.

I. Belgium

Belgium has a list of occupational diseases carrying entitlement to compensation.

The occupational diseases are broken down into the following categories:

1. caused by chemical agents;

2. caused by physical agents;

3. caused by biological agents;

4. of the skin due to various causes;

5. of the respiratory tract due to various causes.

Furthermore, Belgium has lists of 'occupational' diseases not carrying entitlement to compensation, but which are now being studied with a view to possible inclusion in the list of occupational diseases carrying entitlement to compensation.

The mixed system of compensation is not used in Belgium.

2. Denmark

The list of occupational diseases contains seven categories:

1. occupational diseases caused by chemical agents (Category A);

2. occupational diseases of the skin caused by substances or agents which do not come under other headings (Category B);

3. occupational diseases caused by the inhalation of substances or agents which do not come under other headings (Category C);

4. infectious or parasitic occupational diseases (Category D);

5. occupational diseases caused by physical agents (Category E);

6. initial stages of malignant aliments caused by organic compounds (Category F);

7. dental or periodontal diseases (Category G).

The mixed system of compensation is used.

3. Federal Republic of Germany

The list of occupational diseases carrying entitlement to compensation contains six categories:

1. diseases caused by chemical agents;

2. diseases caused by physical agents;

3. diseases caused by biological agents;

4. respiratory tract and lung diseases;

5. skin diseases;

6. diseases not covered in the above.

Total: 59 occupational diseases carrying entitlement to compensation.

A mixed system is used on the basis of specific conditions governing compensation.

4. Greece

The list of occupational diseases carrying entitlement to compensation contains five categories:

1. (a) poisoning and allergies caused by 13 listed chemical substances;

(b) skin diseases caused by chromium and cement;

2. parasitic and contagious diseases;

3. (a) diseases caused by physical agents;

(b) miners' diseases;

4. skin diseases;

5. lung diseases.

Total: 52 occupational diseases carrying entitlement to compensation.

The mixed system of compensation is not used. 5. Spain

The list of occupational diseases carrying entitlement to compensation contains six categories:

- diseases caused by chemical agents,

- diseases of the skin caused by agents which do not come under other headings:

- skin cancers,

- other skin diseases of occupational origin,

- pneumoconioses,

- infectious and parasitic diseases,

- diseases caused by physical agents,

- diseases not classifiable under other headings.

Total: 71 occupational diseases carrying entitlement to compensation.

The mixed system is not used.

6. France

For the general scheme for employees, there are 91 occupational disease tables, which are not broken down by the agents responsible but by disease families and the products or agents responsible. Compensation for occupational diseases is on a flat-rate basis, but employees are given the benefit of the assumption that their disease is attributable to work if it meets the conditions set out in each table (symptoms of the disease, products or agents, period required for recognition, work involving exposure, and occasionally duration of exposure).

There is a mixed system for recognition and compensation in the case of pneumoconioses, with the procedure involving an approved doctor or a board of three specialists.

A claim for compensation (not limited to a flat-rate) can be made in respect of any disease not covered by the tables by invoking the liability of the employer.

There is also a schedule for occupational diseases containing 47 tables for farmers and farm employees. It effectively corresponds largely to the first schedule, but with special features owing to the particular nature of the risks covered.

A total of 300 symptoms or groups of symptoms carry entitlement to compensation under the general scheme for employees and nearly the same number is covered by the farm scheme. New tables are established or the existing ones are revised when it is found, as a result of epidemiological study, that a new type of disease is, almost certainly, occupationally induced. Furthermore, consideration is being given to the extension of the mixed system.

7. Ireland

The classification of occupational diseases is divided into four categories (A, B, C and D):

A: diseases caused by physical agents (14 diseases),

B: diseases caused by biological agents (10 diseases),

C: diseases caused by chemical agents (29 diseases),

D: diseases with various causes other than those above (three diseases).

Total: 56 occupational diseases carrying entitlement to compensation; seven further occupational diseases have carried entitlement to compensation since 1985.

A mixed system of compensation exists only for certain respiratory diseases, including certain pneumoconioses, respiratory and skin diseases.

8. Italy

There are two lists of occupational diseases:

- one list covering occupational diseases in industry,

- one list covering occupational diseases in agriculture.

The first list contains 49 headings carrying entitlement to compensation not classified by agents responsible.

The second list contains 21 occupational diseases in agriculture carrying entitlement to compensation not classified by agents responsible.

Total: 70 occupational diseases carrying entitlement to compensation.

The system of compensation is currently being amended.

9. Luxembourg

The list of occupational diseases carrying entitlement to compensation contains six categories:

1. diseases caused by chemical agents;

2. diseases caused by physical agents;

3. diseases caused by biological agents;

4. respiratory tract and lung diseases (including pneumoconioses);

5. skin diseases;

6. diseases covered in the above.

Total: 55 occupational diseases carrying entitlement to compensation.

The mixed system is used on the basis of specific conditions governing compensation. 10. Netherlands

In the Netherlands the European Schedule of Occupational Diseases is used as a basic reference document for the diagnosis, reporting and registration of occupational diseases, provided, however, that there is a cause-and-effect link between the disease and the occupational activity. Under the Dutch social security system all cases of disease or incapacity for work give rise to compensation, regardless of the cause.

The form this compensation takes does not depend on whether the disease is occupational in origin or not.

11. Portugal

There are two groups of occupational diseases:

(a) The diseases contained in a list published by the relevant Ministry, which is based on the French list and contains 89 tables of diseases giving the causal agent, the type of disease caused, the recognition period and a list of the main activities responsible. These occupational diseases are divided into seven categories:

1. poisoning;

2. lung ailments;

3. dermatoses;

4. diseases caused by physical agents;

5. diseases caused by biological agents;

6. tumours;

7. mucous membrane allergies.

(b) Injuries, functional disorders or diseases not included in the above list for which no compensation will be obtained unless a link is established between the activity carried out by the worker and the ailment caused (mixed system).

12. United Kingdom

The list of occupational diseases contains four categories (A, B, C and D):

A: diseases caused by physical agents (11 diseases);

B: diseases caused by biological agents (nine diseases);

C: diseases caused by chemical agents (29 diseases);

D: diseases with various causes which do not come under the above categories (10 diseases).

Total: 59 occupational diseases carrying entitlement to compensation.

There is no mixed system of compensation, except in the case of industrial accidents and certain specific diseases.

502.01

Cataracts caused by heat radiation

502.02

Conjunctival ailments following exposure to ultraviolet radiation

503

Hypoacousis or deafness caused by noise

504

Diseases caused by atmospheric compression or decompression

505.01

Osteoarticular diseases of the hands and wrists caused by mechanical vibration

505.02

Angioneurotic diseases caused by mechanical vibration

506.10

Diseases of the periarticular sacs due to pressure

506.21

Diseases due to overstraining of the tendon sheaths

506.22

Diseases due to overstraining of the peritendineum

506.23

Diseases due to overstraining of the muscular and tendonous insertions

506.30

Meniscus lesions following extended periods of work in a kneeling or squatting position

506.40

Paralysis of the nerves due to pressure

507

Miner's nystagmus

508

Diseases caused by ionizing radiation

ANNEX II

ADDITIONAL LIST OF DISEASES SUSPECTED OF BEING OCCUPATIONAL IN ORIGIN WHICH SHOULD BE SUBJECT TO NOTIFICATION AND WHICH MAY BE CONSIDERED AT A LATER STAGE FOR INCLUSION IN ANNEX I TO THE EUROPEAN SCHEDULE

1.2.32.1 .

Diseases caused by the following chemical agents : // // //

EEC No

2.101

Ozone

_

2.102

Aliphatic hydrocarbons other than those referred to under heading 1.116 of Annex I

_

2.103

Diphenyl

_

2.104

Decalin

_

2.105

Aromatic acids _ aromatic anhydrides

_

2.106

Diphenyl oxide

_

2.107

Tetrahydrophurane

603 025 000

2.108

Thiopene

_

2.109

Methacrylonitrile

608 001 003 //

Acetonitrile

_

2.110

Hydrogen sulphide

016 001 004

2.111

Thioalcohols

_

2.112

Mearcaptans and thioethers

_

2.113

Thallium or compounds thereof

081 002 009

2.114

Alcohols or their halogenated derivatives not referred to under heading 1.118 of Annex I

_

2.115

Glycols or their halogenated derivatives not referred to under heading 1.119 of Annex I

_

2.116

Ethers or their halogenated derivatives not referred to under heading 1.120 of Annex I

_

2.117

Ketones or their halogenated derivatives not referred to under heading 1.121 of Annex I

_

2.118

Esters or their halogenated derivatives not referred to under heading 1.122 of Annex I

_

2.119

Furfural

605 010 004

2.120

Thiophenols or counterparts or halogenated derivatives thereof

_

2.121

Silver

_

2.122

Selenium

034 002 008

2.123

Copper

_

2.124

Zinc

_

2.125

Magnesium

_

2.126

Platinum

_

2.127

Tantalum

_

2.128

Titanium

_

2.129

Terpenes

_

2.130

Boranes

_

2.140

Diseaes caused by inhaling nacre dust //

2.141

Diseases caused by hormonal substances //

2.150

Dental caries associated with work in the chocolate, sugar and flour industries //

2.2 .

Skin diseases caused by substances and agents not included under other headings :

2.201

Allergic and orthoallergic skin ailments not recognized in Annex I

2.3 .

Diseases caused by inhaling substances not included under other headings :

2.301

Pulmonary fibroses due to metals not included in the European schedule

2.302

Broncho-pulmonary ailments caused by dusts or fumes from aluminium or compounds thereof

2.303

Broncho-pulmonary ailments and cancers associated with exposure to the following :

_ soot,

_ tar,

_ bitumen,

_ pitch,

_ anthracene or compounds thereof, // //

_ mineral and other oils //

2.304

Broncho-pulmonary ailments caused by man-made mineral fibres

2.305

Broncho-pulmonary ailments caused by synthetic fibres

2.306

Broncho-pulmonary ailments caused by dusts from basic slags

2.4 .

Infectious and parasitic diseases not described in Annex I :

2.401

Parasitic diseases

2.402

Tropical diseases

2.403

Infectious diseases, not included in Annex I, of workers engaged in disease prevention, health care, domiciliary assistance or laboratory work and other activities where a risk of infection exists

2.5 .

Avulsion due to overstraining of the spinous processes

ANNEX III

THE SITUATION IN THE MEMBER STATES

This Annex was adopted in 1989 and is for guidance only, as the situation is in constant development . It will be updated when the Commission presents its report on the impact of the present recommendation in accordance with Item 4 of the explanatory memorandum .

I . Belgium

Belgium has a list of occupational diseases carrying entitlement to compensation .

The occupational diseases are broken down into the following categories :

1 . caused by chemical agents;

2 . caused by physical agents;

3 . caused by biological agents;

4 . of the skin due to various causes;

5 . of the respiratory tract due to various causes .

Furthermore, Belgium has lists of "occupational' diseases not carrying entitlement to compensation, but which are now being studied with a view to possible inclusion in the list of occupational diseases carrying entitlement to compensation .

The mixed system of compensation is not used in Belgium .

2 . Denmark

The list of occupational diseases contains seven categories :

1 . occupational diseases caused by chemical agents ( Category A );

2 . occupational diseases of the skin caused by substances or agents which do not come under other headings ( Category B );

3 . occupational diseases caused by the inhalation of substances or agents which do not come under other headings ( Category C );

4 . infectious or parasitic occupational diseases ( Category D );

5 . occupational diseases caused by physical agents ( Category E );

6 . initial stages of malignant aliments caused by organic compounds ( Category F );

7 . dental or periodontal diseases ( Category G ).

The mixed system of compensation is used .

3 . Federal Republic of Germany

The list of occupational diseases carrying entitlement to compensation contains six categories :

1 . diseases caused by chemical agents;

2 . diseases caused by physical agents;

3 . diseases caused by biological agents;

4 . respiratory tract and lung diseases;

5 . skin diseases;

6 . diseases not covered in the above .

Total : 59 occupational diseases carrying entitlement to compensation .

A mixed system is used on the basis of specific conditions governing compensation .

4 . Greece

The list of occupational diseases carrying entitlement to compensation contains five categories :

1 . ( a ) poisoning and allergies caused by 13 listed chemical substances;

( b ) skin diseases caused by chromium and cement;

2 . parasitic and contagious diseases;

3 . ( a ) diseases caused by physical agents;

( b ) miners' diseases;

4 . skin diseases;

5 . lung diseases .

Total : 52 occupational diseases carrying entitlement to compensation .

The mixed system of compensation is not used .

5 . Spain

The list of occupational diseases carrying entitlement to compensation contains six categories :

_ diseases caused by chemical agents,

_ diseases of the skin caused by agents which do not come under other headings :

_ skin cancers,

_ other skin diseases of occupational origin,

_ pneumoconioses,

_ infectious and parasitic diseases,

_ diseases caused by physical agents,

_ diseases not classifiable under other headings .

Total : 71 occupational diseases carrying entitlement to compensation .

The mixed system is not used .

6 . France

For the general scheme for employees, there are 91 occupational disease tables, which are not broken down by the agents responsible but by disease families and the products or agents responsible . Compensation for occupational diseases is on a flat-rate basis, but employees are given the benefit of the assumption that their disease is attributable to work if it meets the conditions set out in each table ( symptoms of the disease, products or agents, period required for recognition, work involving exposure, and occasionally duration of exposure ).

There is a mixed system for recognition and compensation in the case of pneumoconioses, with the procedure involving an approved doctor or a board of three specialists .

A claim for compensation ( not limited to a flat-rate ) can be made in respect of any disease not covered by the tables by invoking the liability of the employer .

There is also a schedule for occupational diseases containing 47 tables for farmers and farm employees . It effectively corresponds largely to the first schedule, but with special features owing to the particular nature of the risks covered .

A total of 300 symptoms or groups of symptoms carry entitlement to compensation under the general scheme for employees and nearly the same number is covered by the farm scheme . New tables are established or the existing ones are revised when it is found, as a result of epidemiological study, that a new type of disease is, almost certainly, occupationally induced . Furthermore, consideration is being given to the extension of the mixed system .

7 . Ireland

The classification of occupational diseases is divided into four categories ( A, B, C and D ):

A : diseases caused by physical agents ( 14 diseases ),

B : diseases caused by biological agents ( 10 diseases ),

C : diseases caused by chemical agents ( 29 diseases ),

D : diseases with various causes other than those above ( three diseases ).

Total : 56 occupational diseases carrying entitlement to compensation; seven further occupational diseases have carried entitlement to compensation since 1985 .

A mixed system of compensation exists only for certain respiratory diseases, including certain pneumoconioses, respiratory and skin diseases .

8 . Italy

There are two lists of occupational diseases :

_ one list covering occupational diseases in industry,

_ one list covering occupational diseases in agriculture .

The first list contains 49 headings carrying entitlement to compensation not classified by agents responsible .

The second list contains 21 occupational diseases in agriculture carrying entitlement to compensation not classified by agents responsible .

Total : 70 occupational diseases carrying entitlement to compensation .

The system of compensation is currently being amended .

9 . Luxembourg

The list of occupational diseases carrying entitlement to compensation contains six categories :

1 . diseases caused by chemical agents;

2 . diseases caused by physical agents;

3 . diseases caused by biological agents;

4 . respiratory tract and lung diseases ( including pneumoconioses );

5 . skin diseases;

6 . diseases covered in the above .

Total : 55 occupational diseases

carrying entitlement to compensation .

The mixed system is used on the basis of specific conditions governing compensation .

10 . Netherlands

In the Netherlands the European Schedule of Occupational Diseases is used as a basic reference document for the diagnosis, reporting and registration of occupational diseases, provided, however, that there is a cause-and-effect link between the disease and the occupational activity . Under the Dutch social security system all cases of disease or incapacity for work give rise to compensation, regardless of the cause .

The form this compensation takes does not depend on whether the disease is occupational in origin or not .

11 . Portugal

There are two groups of occupational diseases :

( a ) The diseases contained in a list published by the relevant Ministry, which is based on the French list and contains 89 tables of diseases giving the causal agent, the type of disease caused, the recognition period and a list of the main activities responsible . These occupational diseases are divided into seven categories :

1 . poisoning;

2 . lung ailments;

3 . dermatoses;

4 . diseases caused by physical agents;

5 . diseases caused by biological agents;

6 . tumours;

7 . mucous membrane allergies .

( b ) Injuries, functional disorders or diseases not included in the above list for which no compensation will be obtained unless a link is established between the activity carried out by the worker and the ailment caused ( mixed system ).

12 . United Kingdom

The list of occupational diseases contains four categories ( A, B, C and D ):

A : diseases caused by physical agents ( 11 diseases );

B : diseases caused by biological agents ( nine diseases );

C : diseases caused by chemical agents ( 29 diseases );

D : diseases with various causes which do not come under the above categories ( 10 diseases ).

Total : 59 occupational diseases carrying entitlement to compensation .

There is no mixed system of compensation, except in the case of industrial accidents and certain specific diseases .