Can COVID-19 infection be considered an occupational disease or injury? Analysis to fill up regulatory gaps

Article type: Research Article

Authors: Syed, Robayet Ferdous

Affiliations: Monash University, Sunway Campus, Malaysia E-mail: Robayet.syed@monash.edu

Abstract: BACKGROUND:Although the pandemic is nearing its end, the question of whether COVID-19 infection will be considered a work-related or occupational disease remains a legal issue. Therefore, this study aims to provide clarification on this matter. OBJECTIVES:Since the International Labour Organization (ILO) serves as the primary authority on work-related matters, this study is focused on analyzing the ILO’s policies regarding the acknowledgment of COVID-19 infections as occupational diseases. It also investigates how States can recognize COVID-19 as such a disease while delving into the connection between the disease or injury and the occupation itself. METHODOLOGY:This study utilizes a doctrinal methodology, focusing on legal research. This approach employs an applied (expository) research method and discusses the topic from a professional constituency perspective, as proposed by Arthurs in 1983. RESULT:The findings indicate that the ILO does not explicitly mention the pandemic or COVID-19 infection as an occupational disease in its list. However, it does include “infectious-related diseases” or “work that carries a particular risk of contamination” as occupational or work-related diseases, which can logically be interpreted as encompassing COVID-19 infection as an occupational or work-related disease. RECOMMENDATION:As the ILO sets guiding principles for its member States, this study recommends that the ILO should establish clear and comprehensive guidelines for member States to recognize COVID-19 infections or any future pandemics as occupational diseases. CONCLUSION:This study will serve as a valuable resource for policymakers who intend to enact or amend national legislation to align with the ILO. Furthermore, it will assist relevant stakeholders in taking necessary actions based on the study’s findings.

Keywords: COVID-19, infection, occupational disease, condition to consider occupational disease, course of employment, ILO

DOI: 10.3233/WOR-230287

Journal: Work, vol. 79, no. 2, pp. 975-986, 2024