Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise, vibration) and 162 (asbestos) together.

Legislative developments. With reference to its previous comments, the Committee welcomes the information in the Government’s report concerning the adoption of the new Occupational Safety and Health Regulations (OSH Regulations) issued under Executive Order No. 255, of 2 May 2024. The Government indicates that these regulations replace the previous ones (Executive Order No. 2393 of 17 November 1986), with the exception of sections 21 to 184 (not including sections 64, 65 and 67) until issuance, within five months of the publication of the Regulations, of the occupational safety and health technical standard, as set out in the twelfth transitional provision. The Committee also notes that the first transitional provision of the OSH Regulation provides for the adoption of the National Occupational Safety and Health Policy within five months of the date of publication. The Committee requests the Government to provide information on all progress achieved in the adoption of the Occupational Safety and Health Technical Standard and in the new National OSH Policy, and on any other standard related to OSH.

Application in practice of Conventions Nos 115, 119, 136, 139, 148 and 162. Further to its previous comments, the Committee notes that by virtue of the third transitional provision of the OSH Regulations, the Government indicates that the Ministry of Labour is creating a National Register of Occupational or Service-related Diseases and Accidents, to be available in October 2024, which will consolidate statistics on workers, whether or not affiliated to the social security institutions, and include data such as the causes of the accidents and diseases.

The Committee notes that the Ecuadorian Institute of Social Security (IESS) recorded 17,056 occupational accidents in 2019, 11,629 in 2020, 13,043 in 2021, 15,730 in 2022, 15,985 in 2023 and 7,699 from January to June 2024. The Committee also notes that employers reported 630 presumed work-related illnesses in 2013, 682 in 2014, 801 in 2015, 616 in 2016, 1,044 in 2017 and 932 in 2018, while the number of illnesses classified as work-related by the IESS was 219 (2013), 447 (2014), 458 (2015), 358 (2016), 170 (2017) and 26 (2018). In this regard, the Government indicates that the classification of work-related illnesses is carried out by the IESS Disability Evaluation and Employer’s Liability Committee, and that one of the reasons that could lead to the reduction in the number of classified cases is that they do not fulfil the five criteria for the classification of an illness as work-related (clinical, occupational, hygienic and epidemiological, forensic laboratory and medical service criteria established under section 7 of the General Safety Regulation on Occupational Risks, issued by Decision No. C.D. 513 of 2016).

With regard to the activities of the inspection services, the Committee notes that the Government reports that from January 2022 and May 2024, 3,323 specialized OSH inspections were carried out, with sanctions issued to 51 employers for failure to comply with OSH standards. The Government also indicates that under the eighth transitional provision of the OSH Regulations, the Ministry of Labour is drawing up the standard governing reporting requirements, inspection procedures and sanctions related to OSH. With regard to sanctions, the Committee notes that the Government indicates that the new standard will take account of such aspects as the size and risk-level of the enterprise, and the number of violations detected on the basis of a checklist, and that section 72 of the OSH Regulations provides that the competent authority may raise the risk level of an enterprise as a sanction where a work-related accident or illness results in death or permanent incapacity through failure to comply with the standards on protection. The Committee requests the Government to continue to provide information on the application in practice of these Conventions, including the number, nature and cause of the employment accidents and occupational diseases notified in the framework of the establishment of the new registry and indicating, where possible, the number of cases related to ionizing radiation, machinery, benzene, occupational cancer, air pollution, noise and vibration, and asbestos. It further requests the Government to continue providing information on the implementation of the new standards, once adopted, including on the activities of the inspection services and the number of violations detected and sanctions imposed. The Committee also requests the Government to provide more information on the reasons for the sharp reduction in the number of illnesses classified as occupational, and to continue to provide statistical information in this regard.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 3(1) and Article 6(2) of the Convention. Protection measures adopted in the light of current knowledge. With reference to its earlier comments, the Committee notes the Government’s indication that, under section 41 of the new OSH Regulations, ionizing radiations are considered to be physical risks and that, in accordance with section 48, the criteria and exposure limits to physical, chemical and biological agents shall be aligned with the values established by the national technical standard in force and, in the absence of such standard, shall refer to recognized international standards. In this regard, the Government indicates that the Ministry of Labour is developing a technical standard that will cover exposure to ionizing radiations. The Government further indicates that the Undersecretariat for Nuclear Monitoring and Applications (SCAN) is updating the Regulations on radiological safety, issued under Decree No. 3640 of 8 August 1979, taking account of current knowledge on ionizing radiations and the recommendations of the International Commission on Radiological Protection and of the International Atomic Energy Agency. In that connection, the Government indicates that the new regulations have not yet been approved or published and that the updating process has been interrupted due to various factors, including: (i) lack of personnel; (ii) the establishment of a fully autonomous Institute for Regulation and Control, which has resulted in a period of transition and a re-evaluation of the SCAN‘s functions and responsibilities. The Government also indicates that the SCAN does not have authority to impose sanctions, therefore the regulatory framework must be updated to ensure effective compliance with radiological safety standards. The Committee requests the Government, in the context of the revision of the Regulations on radiological safety and the adoption of the technical standard under the OSH Regulations, to adopt the necessary measures, taking current knowledge into account, to: (i) provide effective protection for workers against ionizing radiation, from the point of view of their health and safety, and (ii) establish maximum permissible doses and amounts of ionizing radiations, which shall be kept under constant review. The Committee further requests the Government to provide information on the division of functions between the SCAN and the new Institute for Regulation and Control as regards protection against ionizing radiations.

Guarding of Machinery Convention, 1963 (No. 119)

Articles 2(3) and (4) and 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. With reference to its previous comments, the Committee notes that the Government indicates that: (i) the new OSH Regulation applies to the vendor, the person renting out the machinery and the manufacturer, and that its section 50 establishes general measures for the use and maintenance of machinery, equipment and tools, and (ii) the Ministry of Labour is formulating a technical standard on mechanical hazards, which will take the requirements provided for under Articles 2 and 4 of the Convention into account. In this regard, the Committee recalls that the sale and hire of machinery of which the dangerous parts, as listed in Article 2(3) and (4) are unguarded, should be prohibited by national laws or regulations or prevented by other equally effective measures and that, in conformity with Article 4 of the Convention, the obligation to ensure compliance with the provisions of Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, on their respective agents. The Committee requests the Government to indicate, in the context of the adoption of the technical standard on mechanical risks, the provisions that give effect to these Articles of the Convention.

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene. With reference to its previous comments, the Committee notes the Government’s indication that, in the context of the new OSH Regulations, the Minister of Labour is drawing up a technical standard on chemical hazards, to be issued in October 2024, which will include specific provisions on the prohibition of the use of benzene in certain work. The Committee requests the Government to provide information on progress achieved in the adoption of the technical standard on chemical hazards and to indicate, once adopted, the provisions that prohibit the use of benzene and of products containing benzene in certain work processes at least as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6. Measures to prevent the escape of vapour, ceiling values allowed and methods of measurement, With reference to its previous comments, the Committee notes the Government’s indication that: (i) the technical standard on chemical hazards being formulated by the Ministry of Labour is to include specific provisions on exposure to benzene, the escape of vapours and ceiling values; and (ii) section 48 of the OSH Regulations stipulates that the criteria and maximum permissible limits for exposure to physical, chemical and biological agents shall comply with the national technical standards in force or, in the absence of such standards, shall refer to recognized international standards. The Committee requests the Government to indicate, in the context of the adoption of the technical standard on chemical hazards, the provisions that establish the necessary measures to: (i) prevent the escape of benzene vapours into the air of places of employment; (ii) that the concentration of benzene in the air of the places of employment does not exceed a maximum which shall be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (or 80 mg/m3); and (iii) the means of measuring the concentration of benzene in the air of the place of employment.

Article 11. Pregnant women, nursing mothers and young persons. With reference to its previous comments, with regard to pregnant and nursing women, the Committee notes the Government’s indication that: (i) under section 15(10) of the OSH Regulation, employers are to ensure the OSH protection of priority and/or vulnerable groups, including pregnant and nursing women; (ii) given that benzene is a hazardous substance of chronic toxicity, the employer shall not employ pregnant or nursing women in work processes involving exposure to benzene or products containing benzene. In this regard, the Government indicates that to work with hazardous substances, a work permit shall be issued by the technical safety and health official, which shall set out the hazards to which workers are exposed and the preventive and protection measures to be applied, in conformity with section 3(42) of the OSH Regulations; (iii) implementation of measures to avoid exposure of these groups to work-related hazards is monitored by specialized OSH inspection visits. In that respect, the Government indicates that between January 2022 and May 2024, a total of 820 OSH inspection visits were conducted in workplaces where pregnant or nursing women were working, in which 527 employers had applied preventive measures to avoid exposure of the women to work-related hazards, while 293 employers had taken no such steps; and (iv) for November 2024, the Ministry of Labour planned a training programme that includes the prevention of work-related hazards in general in jobs performed by pregnant or nursing women. The Committee further notes the Government’s indication that the Ministry of Labour envisages drawing up a guide on the prevention of work-related hazards for pregnant and nursing women for 2025. With regard to young persons, The Committee notes the Government’s indication that, in the context of the new OSH Regulations, the Ministry of Labour is formulating technical standards that include the prohibition for the employer to recruit young persons of between 15 and 17 years of age to perform arduous, toxic, hazardous or insalubrious work that could affect their normal physical and mental development. The Committee requests the Government to provide more detailed information on the measures adopted or envisaged in practice to ensure that women medically certified as pregnant and nursing mothers shall not be employed in work processes involving exposure to benzene or products containing benzene. It also requests the Government to continue to provide information on the implementation in practice of the above-mentioned provisions of the OSH Regulations. The Committee further requests the Government to provide information on progress achieved towards the adoption of the technical standards on the prohibition of the employment of young persons under 18 years of age in work processes that involve exposure to benzene or to products that contain benzene, unless it concerns young persons undergoing occupational training under appropriate medical and technical supervision.

Occupational Cancer Convention, 1974 (No. 139)

Article 1(1) and (3) of the Convention. Determination of the carcinogenic substance and agents to be prohibited or made subject to authorization. With reference to its previous comments, the Committee notes the Government’s indication that: (i) Ministerial Decision No. 142 of 11 October 2012 providing the national list of hazardous chemical substances, hazardous and special wastes, establishes in its Annex A the lists of prohibited hazardous chemical substances of acute and chronic toxicity. In this regard, the Government indicates that the prohibited substances associated with occupational cancer are asbestos, including actinolite, anthophyllite, amosite, crocidolite and tremolite and ethylene oxide, and (ii) section 153 of the Regulation for the prevention and control of hazardous chemical substances and hazardous and special wastes, issued by Ministerial Decision No. 161 of 31 August 2011, establishes that the hazardous chemical substances subject to control measures are those entered in the national lists of hazardous chemical substances approved by the National Authority for the Environment, including prohibited, hazardous and severely restricted chemical substances. The Committee also notes that although section 153 stipulates that the national lists of hazardous chemical substances is updated by Ministerial Decision, it does not establish the frequency of such updating. The Committee requests the Government to continue to provide information on the manner in which the national lists of hazardous chemical substances, hazardous and special wastes are periodically revised.

Article 2(2). Reduction to the minimum compatible with safety of the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure. With reference to its previous comments, the Committee notes the Government’s indication that, by virtue of section 48 of the OSH Regulations, the Ministry of Labour is drawing up technical standards that will address the criteria and limits of exposure to physical, chemical or biological agents, in line with new progress in occupational safety and health. The Committee requests the Government to provide information, in the context of the adoption of the technical standard, on the measures adopted or envisaged to ensure that the duration and degree of exposure to carcinogenic substances or agents shall be reduced to the minimum compatible with the safety of workers, in conformity with Article 2(2) of the Convention.

Article 5. Medical examinations during or after the period of employment. Further to its earlier comments, the Committee notes the Government’s indication that employers much ensure overall management of workers’ health, as well as the monitoring and analysis of working and health conditions (section 15(4) and (5) of the OSH Regulations). The Government indicates that this involves carrying out a final examination at the moment of ending the employment relationship. The Government also indicates that a computerized system has been designed through which all enterprises and national institutions must report annually information on health surveillance activities, including reporting on the performance of occupational medical examinations. The Committee requests the Government to provide more information on the performance of the required medical examinations and to clarify whether the final medical examinations occur only once, at the moment of ending the employment relationship, or whether provision is made for them to continue after the termination of employment in case they are necessary to assess the worker’s exposure or health status in relation to occupational hazards.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in reply to its earlier request concerning Article 12 of the Convention.

Article 6(2) of the Convention. Duty of employers to collaborate when undertaking activities simultaneously at one workplace. With reference to its previous comments, the Committee notes the Government’s indication that the technical standard on prevention of work-related risks that the Ministry of Labour is developing under the OSH Regulations is to address general procedures regarding the duty of employers to collaborate when undertaking activities simultaneously at one workplace, including in respect of joint liability. The Committee requests the Government to indicate, in the context of the adoption of the above-mentioned technical standard, the provisions that establish: (i) the duty of employers to collaborate when undertaking activities simultaneously at one workplace in order to comply with the prescribed OSH measures; and (ii) where appropriate, the general procedures according to which this collaboration is to take place, in conformity with Article 6(2) of the Convention.

Article 8(1) and (3) of the Convention. Air pollution, noise and vibration. With reference to its previous comments, that the criteria and exposure limits to air pollution and vibration are still not specified in national law, the Committee notes the Government’s indication that, under section 48 of the OSH Regulations, the Ministry of Labour is drawing up a technical standard on prevention of work-related risks, including exposure to vibration and pollution in the working environment. The Committee requests the Government to take the necessary measures, in the context of the adoption of the technical standard under the OSH Regulation, to establish the criteria and exposure limits to air pollution and vibration, and to indicate the manner in which those limits will be regularly revised, in conformity with Article 8(1) and (3) of the Convention. It also requests the Government to provide information on any progress achieved in the context of the adoption of the new technical standard regarding the revision of the criteria and exposure limits in respect of noise.

Asbestos Convention, 1986 (No. 162)

Article 17(1) and (2) of the Convention. Demolition of plants and structures containing friable asbestos insulation material. With reference to its earlier comments, the Committee notes that the Government refers to section 146 of the Regulations on safety and health in construction and public works of 10 January 2008, revised in 2017, which stipulates that personnel in the construction sector, including those in positions of responsibility such as site managers or contractors, require a certificate of competency in prevention of work-related risks, recognized by the competent authority, which has a duration of four years. The Government also refers to section 42 of the same Regulations, which provides that, before starting demolition work, a competent technical agent shall draw up a prior work plan including: (i) a study of the resistance of the different elements of the works to be demolished and their role in the stability of the entire structure; (ii) the effect of the demolition on the neighbouring works; (iii) a chronological demolition plan, to prevent any instances where parts of the construction should be subjected to stresses beyond their tolerances; and (iv) a study of the protective measures that must be adopted. The Committee requests the Government to intensify its efforts to ensure the protection of workers in demolition of plants or structures and the elimination of asbestos. It also requests the Government to indicate: (i) whether the certification of competency provided for in section 146 of the Regulation on safety and health in construction and public works is also required for the demolition of plants or structures and the removal of asbestos, in conformity with Article 17(1) of the Convention, and (ii) if the prior study referred to in section 42 of the above-mentioned Regulation above must include specific measures to limit the release of asbestos dust into the air and provide for the disposal of waste containing asbestos.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on Occupational Safety and Health, the Committee considers it appropriate to examine Conventions Nos 45 (underground work – women), 119 (guarding of machinery), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise, vibration) and 162 (asbestos) together.

Legislation related to Conventions Nos 119, 136, 139, 148 and 162. The Committee notes the Government’s indication that the Ministry will expedite the updating of the Regulation on occupational safety and health and the improvement of the work environment, adopted by Executive Decree No. 2393 of 17 November 1986, via the Inter-institutional Occupational Safety and Health Committee, working through technical working groups established with a view to complying with the provisions of the Convention. The Committee requests the Government to continue to provide information on progress in this respect.

Application in practice of Conventions Nos 119, 136, 139, 148 and 162. The Committee notes the general and sectoral information provided by the Government in its report on the number of inspection visits undertaken and the penalties imposed in relation to occupational safety and health (OSH). The Government reports that specialized OSH inspections are carried out and that, since 1 August 2022, it uses the OSH compliance checklists issued under Decision No. MDT-2022-044. The Committee also notes that in the period from October 2015 and June 2022, 6194 specialized OSH inspection visits were carried out: 188 between October and December 2015; 1383 in 2016; 749 in 2017; 637 in 2018; 836 in 2019; 941 in 2020; 1022 in 2021 and 438 between January and June 2022. This includes 46 inspections in hospitals, clinics and health centres, 13 in the oil refining and marketing sector, and 308 in the construction sector.

The Committee also takes note of the “National panorama of workers’ health: Survey of health and working conditions, 2021-2022”, a report of the Ministry of Public Health. The report shows that 358 work-related illnesses were reported in 2016; 170 in 2017 and 26 in 2018 and indicates that this under-reporting could result from health workers’ current incapacity to recognize the origin of pathologies, treating them simply as common diseases. Equally, in 2018, 79.8 per cent of risks associated with the most prevalent occupational diseases were ergonomic, 9.5 per cent corresponded to undetermined factors; and 6.3 per cent to physical hazards, such as noise, vibration and ionizing or non-ionizing radiation. The report also indicates that 15,918 employment injuries were recorded in 2018; 15,017 in 2019; and 10,275 in 2020. Regarding penalties imposed on employers for failure to comply with OSH standards from October 2015 to June 2022, the Government reports that 21 penalties were imposed, of which three were in the construction sector and two were in hospitals, clinics and health centres. In view of the sharp reduction in the number of cases of work-related illnesses reported, the Committee requests the Government to provide information on the reasons for this large reduction. The Committee also asks the Government to provide information on the application in practice of these Conventions, including (i) the number, nature and cause of the employment injuries and work-related illnesses reported indicating, where possible, the number of cases related to ionizing radiation, machinery, benzene, occupational cancer and asbestos; and (ii) inspection activities undertaken, and the number of violations identified and penalties imposed. Referring to its comments concerning Article 18 of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on the measures taken to ensure the provision of appropriate penalties, to ensure effective enforcement of and compliance with the national legislation giving effect to the ratified OSH Conventions.

A.Protection against specific risks

1.Guarding of Machinery Convention, 1963 (No. 119)

Articles 2(3) and (4) and 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the Government’s indication that the Regulations on occupational safety and health and the improvement of the work environment applies to all workplaces and all work activities by virtue of its section 1, and also to those persons listed in Article 4 of this Convention (the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor and their respective agents and the manufacturer). In this regard, the Committee recalls that the persons included under Article 4 of the Convention are responsible for the application of the provisions of Article 2 of the Convention and that the Government is required to ensure its application. However, the Committee observes that the Regulations in question do not establish the obligations of the persons covered by Article 4 of the Convention. The Committee urges the Government to provide information on the measures taken, including within the framework of the updating of the Regulations on occupational safety and health and the improvement of the work environment, to bring its legislation into conformity with this Convention.

2.Benzene Convention, 1971 (No.136)

Article 4(1) and (2) of the Convention. Prohibition of the use of benzene. The Committee notes the Government’s indication that the legislation in force contains no specific prohibition of the use of benzene. The Government indicates that (i) benzene is considered a hazardous chemical substance of chronic toxicity by virtue of Ministerial Decision No. 142 of 19 December 2012, establishing the national list of hazardous chemical substances, and that (ii) the employer shall, as rapidly as possible, programme the progressive replacement of hazardous substances by substitutes that are harmless or less harmful to workers, as set out in section 11(d) of the Andean Occupational Safety and Health Instrument (Decision No. 584), published in the Official Gazette of 15 November 2004. The Committee also notes that section 65(2) of the Regulations on occupational safety and health and the improvement of the work environment provides that substances that are recognized to be hazardous or toxic and which are employed in industrial processes shall be replaced wherever the industrial process so allows. The Committee requests the Government to continue to provide information on the measures taken to bring the national legislation into conformity with the provisions of the Convention, including the prohibition of the use of benzene and of products containing benzene in certain work processes.

Article 6(1), (2) and (3). Measures to prevent the escape of vapour, ceiling values allowed and methods of measurement. With regard to the escape of benzene vapour into the air, the Committee notes the Government’s indication that the ceiling value for benzene, ethylbenzene, toluene and xylene as a whole shall in no case exceed 80mg/m3, as established by Ministerial Decision No. 91, of 18 December 2006, which fixes the maximum permissible limits for emissions into the air from fixed sources for activities related to oil and gas. In this respect, the Government reports that, in order to assess the risks, account was taken of the technical parameters set out in the methodologies that are internationally accepted and recognized by the ILO, in instruments of other international institutions to which it is party, or in national regulations. The Committee requests the Government to clarify whether specific measures have been adopted or are envisaged to prevent the escape of benzene vapour into the air in premises where benzene, or products containing benzene are manufactured, handled or used.

Article 11(1) and (2). Pregnant women and young persons. With regard to pregnant women and nursing mothers, the Committee notes the Government’s indication that, by virtue of section 27 of the Andean Occupational Safety and Health Instrument, when activities normally performed by a woman worker become hazardous during pregnancy or nursing, the employer shall take the necessary measures to avoid the worker’s exposure to such risks, including by adapting the worker’s working conditions, and by temporary transfer to another work post compatible with the worker’s condition. Regarding young persons, the Committee notes that section 28 of the aforementioned Andean Instrument prohibits the recruitment of young persons under 18 years of age for hazardous or dangerous activities which could affect their normal physical and mental development. The Committee requests the Government to provide detailed information on the measures taken or envisaged to effectively ensure in practice that women medically certified as pregnant, nursing mothers and young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene.

3.Occupational Cancer Convention, 1974 (No. 139)

Article 1(1) and (3) of the Convention. Determination of the carcinogenic substances and agents to be prohibited or made subject to authorization. In its previous comments, the Committee noted the list of carcinogenic substances and agents identified in the first annex of the General Safety Regulations on occupational risks, published in the Official Gazette, Special Edition 632 of 12 July 2016, which includes asbestos, benzene and ionizing radiation, and other relevant legislation. In this respect, the Committee notes the Government’s indication that while not all carcinogenic substances and agents are prohibited, the products that can damage the central nervous system, the vision, the brain, and other organs of the human body, shall be subject to control and assessment by the relevant official entity of the Ecuadorian Standardization Service (INEN), by virtue of INEN Decision No. 2, of 16 January 1992. However, the Committee also notes that the Government provides no specific information on which carcinogenic substances and agents are prohibited or subject to authorization. The Committee once more requests the Government to indicate: (i) the list of carcinogenic substances and agents that are effectively prohibited; (ii) the list of carcinogenic substances or agents that are subject to authorization or control; and (iii) the manner in which such authorization or control is exercised. The Committee also requests the Government to provide information on the manner in which the list is periodically reviewed and the date of the latest review.

Article 2(2). Reduction to the minimum compatible with safety of the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure. The Committee notes that section 65 of the Regulations on occupational safety and health and the improvement of the work environment governs the period of exposure to contaminants, and that section 14 of the General Safety Regulations on occupational risks establishes, in a general manner, the technical parameters for assessing risk factors. In this connection, the Committee notes the Government’s indication that: (i) such administrative measures as the rotation of workers in work posts are applied to reduce exposure to occupational risk factors; and (ii) during the specialized OSH inspection visits, international protocols and methodologies for the prevention of occupational cancer have been adopted, such as the International Agency for Research on Cancer 2022 chemical agents exposure limits. The Committee requests the Government to provide specific information on: (i) the levels of exposure to carcinogenic substances or chemicals, including benzene, asbestos, ionizing radiations and any other substance or agent with carcinogenic properties, and (ii) the measures adopted or envisaged to guarantee that the duration and degree of exposure to carcinogenic substances or agents is reduced to the minimum compatible with workers’ safety, in conformity with Article 2(2) of the Convention.

Article 5. Medical examinations during or after the period of employment. The Committee notes that section 14 of the Andean Occupational Safety and Health Instrument establishes that workers shall undergo pre-assignment, periodic and retirement medical examinations, according to the risks to which they may be exposed in their work. The Committee requests the Government to provide more information on the retirement medical examinations, indicating whether they occur only at the moment of ending the employment relationship, or if they continue after the termination of employment in case they are necessary to assess the worker’s exposure or health status in relation to occupational hazards.

4.Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 6(2) of the Convention. Duty of employers to collaborate when undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that section 17 of the Andean Occupational Safety and Health Instrument and section 20 of the Safety Regulations for construction and public works regulate joint liability with regard to preventing occupational risks, and give effect to Article 6(2) of this Convention. In this connection, the Committee recalls that the duty to collaborate in order to comply with the prescribed measures goes beyond the joint liability derived from those requirements. The Committee once again requests the Government to provide detailed information on the measures taken or envisaged to ensure full compliance with the duty of collaboration laid down by this Article and, where applicable, to establish the general procedures according to which this collaboration is to take place.

Article 11. Medical examinations (pre-assignment and periodic) The Committee notes the Government’s indication that under section 14 of the Andean Occupational Safety and Health Instrument, employers shall be required to ensure that workers undergo pre-assignment, periodic and retirement medical examinations, according to the risks to which they may be exposed in their work, irrespective of the number of workers employed at the enterprises. In this regard, the Committee also notes that the Government reports that the Ministry of Labour monitors compliance with this provision, irrespective of the number of workers employed. The Committee notes this information, which responds to its previous request.

5.Asbestos Convention, 1986 (No. 162)

Article 21(4) of the Convention. Alternative employment and maintenance of income. The Committee notes the Government’s indication, which responds to its previous request regarding the implementation of the national legislation that gives effect to Article 21(4), that in the case of occupational accidents and work-related illnesses, the Ecuadorian Institute of Social Security (IESS) pays the corresponding benefits: (i) allowance; (ii) provisional pension; (iii) compensation; (iv) pension; and (v) widower’s benefit. In this regard, in 2020, six affiliates received an allowance for a work-related illness, and 11 received a provisional pension for temporary incapacity. The Committee notes this information, which responds to its previous request.

B.Protection in certain branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes the Government’s indication that the Regulation on occupational safety and health in the mining sector was adopted in 2020. The Committee also notes that the Government states that it will examine the possibility of denouncing the Convention, and requests ILO technical assistance with a view to the possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176).

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to take follow-up action to actively promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention.

The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th session (October-November 2018) to approve the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider the possibility of ratifying more up-to-date instruments in this area. In this respect, the Committee recalls that the Government may avail itself of ILO technical assistance. The Committee takes this opportunity to remind the Government that the 110th Session of the International Labour Conference (June 2022) included a safe and healthy working environment in the ILO’s framework of fundamental principles and rights at work, thus amending the ILO Declaration on Fundamental Principles and Rights at Work (1998). The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance with a view to bringing both the applicable law and practice into conformity with the fundamental Conventions on occupational safety and health and thus promote the ratification and effective application of those instruments.

[The Government is asked to reply in full to the present comments in 2024.]

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment on Convention No. 115Previous comment on Convention No. 148Previous comment on Convention No. 162

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos. 115 (radiation protection), 148 (air pollution, noise and vibration) and 162 (asbestos) together.

A.Protection against specific risks

1.Radiation Protection Convention, 1960 (No. 115)

Article 3(1) and Article 6(2) of the Convention. Protection measures adopted in the light of current knowledge. The Committee notes that the Government indicates in its report, in reply to its previous request, that the Ministry of Labour, in coordination with the Ecuadorian Atomic Energy Commission, is to organize technical working parties to update the Regulations on radiological safety, issued under Decree No. 3640 of 8 August 1979, and that it will communicate a copy of the regulations following their adoption. In this connection, the Government indicates that consideration will be given to current knowledge in the area of ionizing radiation summarized in the general observation of 2015, as well as other measures established by the International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency (IAEA). The Committee urges the Government to take the necessary measures to update its legislation in line with the Convention, taking account of the 2015 general observation, and to communicate a copy of the amended regulations once they are adopted.

2.Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 8(1) and (3) of the Convention. Air pollution and vibration. The Committee notes with regret the Government’s indication in its report that the criteria and exposure limits to air pollution and vibration are still not specified in national law. The Committee urges the Government to take the necessary measures, including in the framework of the updating of the Regulations on occupational safety and health and improvement of the working environment, to update its national legislation to establish the criteria and exposure limits to air pollution and vibration, and to communicate a copy of the relevant legal text, once adopted. It also asks the Government to indicate the manner in which these limits shall be periodically revised, in conformity with Article 8(3) of the Convention.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee notes that Decision No. 2 of the Ecuadorian Standard-setting Service (INEN) provides for the obligation to notify the INEN regarding chemical substances that cause damage to the central nervous system, vision, brain, and other organs of the human body. However, the Committee notes the Government’s indication that the national legislation does not specifically provide for notification to the competent authority in respect of other types of air pollution, nor of noise and vibration. The Committee also notes that the Ministry of Labour will proceed to update the Regulations on occupational safety and health and improvement of the working environment to bring them into compliance with Article 12 of this Convention. The Committee requests the Government to take the necessary measures to update its legislation in conformity with the provisions of this Convention and to communicate progress made in this respect.

3.Asbestos Convention, 1986 (No. 162)

Article 17(1) and (2) of the Convention. Demolition of plants and structures containing friable asbestos insulation materials. The Committee notes the Government’s indication that, by virtue of section 149 of the Regulation on security in construction and public works, builders and contractors shall establish procedures that guarantee and monitor the treatment and safe elimination of waste, effluents and emissions in a manner that does not present a hazard to workers or to the environment. However, the Government indicates that it is not established that such procedures must be carried out by builders and contractors recognized by the competent authority. Equally, the Committee notes that under section 152 of the Regulation, plans for the construction, refurbishment or rehabilitation of work centres shall be approved by the Ministry of Labour through its safety and health units. In this respect, the Government indicates that this section does not require the production of a work plan specifically for demolition in case of asbestos. The Committee requests the Government to adopt the necessary measures to ensure that: (i) the work involving demolition and disposal provided for under Article 17 of the Convention is undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work; and (ii) that such employers or contractors shall draw up a work plan specifying the measures to be taken before starting demolition work.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2024.]

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Articles 3(1) and 6(2) of the Convention. Protection measures adopted in the light of current knowledge. With reference to its previous comment, the Committee notes that the Government has not provided information on the measures taken to bring the Regulations on radiological safety of 1979 into conformity with current knowledge, as envisaged by the Convention. In this regard, the Committee draws the Government’s attention to the fact that current knowledge in the area of protection against ionizing radiation is summarized in its 2015 general observation. The Committee once again requests the Government to adopt all the necessary measures to give effect to these provisions of the Convention, taking into consideration the 2015 general observation.

Article 7. Prohibition of engaging young workers in radiation work. The Committee notes that, under section 62(2) of the Regulations on the safety and health of workers and the improvement of the working environment, persons under 18 years of age and pregnant women are prohibited from performing any type of work subject to the risk of exposure to ionizing radiation.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes section 11(7) of the Regulations on the safety and health of workers and the improvement of the working environment, which establishes the general requirement for employers to move workers to another section of the enterprise, without reducing their remuneration if, as a result of their work, they suffer injury or contract an occupational disease. It also notes section 62(11) of the Regulations, which establishes that, if workers who have been exposed to ionizing radiation are suspected, following medical examination, to have absorbed the maximum permissible dose in any of their organs or tissues, they shall be transferred to another job that is risk free.

Technical assistance. The Committee notes the Government’s indication that it considers it appropriate to request ILO technical assistance to give effect to the Convention, in view of the limited progress made with regard to the legislation.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 17(1) and (2) of the Convention. Demolition of plant containing friable asbestos insulation materials. The Committee recalls that in its previous comments it noted the Government’s indication that there is no relevant legislation that gives effect to this Article of the Convention, and that it was therefore considering the possibility of receiving technical assistance to adapt the legislation to the provisions of the Convention. The Committee notes the Government’s indication in its report that it will request technical assistance from the Office. The Committee reminds the Government that this Article of the Convention refers to specific measures to be taken for the demolition of plant or structures and the removal of asbestos from buildings, and that, in accordance with Article 17(1), it is the responsibility of the competent authority to recognize employers or contractors as qualified to carry out such demolition work. Article 17(2) refers to the requirement for the employer or contractor to draw up a workplan before undertaking specific demolition work. The Committee notes that the provisions of the Regulations on safety in the use of asbestos, approved by Ministerial Decision No. 100 of 9 August 2000, to which the Government refers, do not include these specific measures. The Committee requests the Government to adopt the necessary measures to give effect to this Article of the Convention in law and practice, and to provide information on this subject.

Article 21(4). Alternative employment and maintenance of income. The Committee notes that section 11 of the Safety and Health of Workers and the Improvement of the Working Environment Regulation of 19 November 1986 establishes the obligation of employers to transfer workers to another section of the enterprise, following the previous consent of the worker and without compromising their remuneration when workers suffer injuries or are susceptible to contracting an occupational disease, according to a decision by the relevant body. It also notes the information on provisional benefits and pensions regulated in the Regulations on the General Insurance of Occupational Risks of 19 December 2011 and other relevant legislation. The Committee requests the Government to provide information on the application in practice of this Article and on any developments in this respect.

Application in practice. Noting that the information provided by the Government does not permit an assessment of the application of this Convention in practice, the Committee once again requests the Government to provide precise information on the application of the Convention in practice, including inspection reports.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 2(3) and (4) and 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the information provided by the Government in its report on the safety of machinery, particularly the provisions of the Regulations on occupational safety and health and the improvement of the work environment, adopted by Executive Decree No. 2393 of 19 November 1986. The Committee recalls that it has already examined these Regulations and indicated that they provide for liability and some penalties for non-observance, but do not establish the obligations of the persons covered by Article 4 of the Convention (the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor, the respective agents and the manufacturer). The Committee reminds the Government that these persons are responsible for the application of the provisions of Article 2 of the Convention and that the Government is required to ensure its application. The Committee once again requests the Government to indicate the manner in which the vendor or the person letting out on hire or transferring the machinery in any other manner is required to apply the provisions of Article 2 of the Convention.

Technical assistance. The Committee notes the Government’s repeated indication in its report that it will request technical assistance from the Office to give full effect to the Convention. The Committee once again invites the Government to formally request ILO technical assistance and to provide information on any progress in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2(1) of the Convention (replacement of benzene or products containing it with harmless products); Article 5 (preventive occupational hygiene and technical measures); Article 7(1) and (2) (work processes involving the use of benzene to be carried out in an enclosed system or places of work equipped with effective means to ensure removal of benzene vapour); Article 8(1) and (2) (adequate means of personal protection against the risk of absorbing benzene through the skin and against the risk of inhaling benzene vapour, and limitation of exposure); Articles 9 and 10 (medical examinations); Article 12 (adequate marking of containers holding benzene or products containing benzene); Article 13 (instructions to workers on precautions to safeguard health and prevent accidents); and Article 14 (measures to give effect to the Convention and appropriate inspection). The Committee notes the information provided in the Government’s report on the legislation relating to these Articles. The Committee requests the Government to provide information on any amendments to the relevant legislation, and detailed information on the application of these Articles in practice.

Article 4(1) and (2). Prohibition of the use of benzene. The Committee notes the information supplied by the Government on certain prohibitions concerning employers, the handling of dangerous materials, and storage, handling and work in depots of inflammable materials. The Committee notes, however, that these standards are of a general nature and do not give full effect to this Article of the Convention. The Committee reminds the Government that, according to this Article, the prohibition of the use of benzene or products containing benzene in certain work processes to be specified by national laws or regulations, must be specific and include the determinations set by the Government taking into account Article 4(2). The Committee requests the Government to take the necessary measures to give effect to this Article of the Convention and to provide information on all developments in this regard.

Article 6(1), (2) and (3). Measures to prevent the escape of vapour, ceiling values allowed and methods of measurement. The Committee notes the information provided by the Government from which the Committee infers that there are measures of a general nature that serve to prevent the escape of benzene vapour and control concentrations of benzene. The Committee nonetheless observes that the Government has provided no information on the maximum allowable concentration of benzene fixed by the competent authority, which may not exceed a ceiling value of 25 parts per million (80 mgs/m3), or on the method of measuring the concentration of benzene, in accordance with the provisions of Article 6(2) and (3) of the Convention. The Committee requests the Government to provide information on the maximum allowable level of concentration of benzene in the air and the method to be used to measure it, as fixed by the competent national authority.

Article 11(1) and (2). Pregnant women and young persons. With regard to the prohibition laid down in Article 11(1) of the Convention, concerning pregnant women and nursing mothers, the Committee notes that in its report the Government refers only to the general protection of pregnant women provided for in the Constitution, but communicates no legislation establishing that women medically certified as pregnant and nursing mothers shall not be employed in work processes involving exposure to benzene or products containing benzene, as required by this Article of the Convention. With regard to young persons under 18 years of age, the Committee notes the specific forms of dangerous, harmful or hazardous work that are prohibited for young people who are allowed by law to work, approved by Resolution No. 16 of the National Council for Children and Young People, of 18 August 2008. The Committee observes, however, that from the list provided it is not possible to determine whether young people under 18 years of age are actually prohibited from working in processes that involve exposure to benzene or products containing benzene. The Committee requests the Government to provide more specific information on the manner in which it is ensured in law and in practice that nursing mothers and young person under 18 years of age may not be employed in work processes that involve exposure to benzene or products containing benzene.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(1) and (3) of the Convention. Determination of the carcinogenic substances and agents to be prohibited or made subject to authorization. The Committee notes that the Government refers in general to certain occupational diseases identified in the Labour Code, and to the prohibition on the use of chrysotile and the spraying of asbestos contained in the Safety Regulations on the use of asbestos. The Government also refers to the General Safety Regulations on occupational risks, the first annex of which identifies a series of agents which may cause occupational cancer but makes no mention of the prohibition or use of those agents. The Committee reminds the Government that, in accordance with the Convention, each member which ratifies this Convention must periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of this Convention shall apply. The Committee requests the Government to indicate the substances and agents to which occupational exposure is prohibited, or made subject to authorization or control, and the manner in which they are periodically determined. The Committee also requests that the Government indicates the way in which account has been taken of the latest information contained in the codes of practice or guides established by the ILO, or other competent bodies, in accordance with Article 1(5).

Article 2(2). Reduction to the minimum compatible with safety of the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure. The Committee notes that the Government has provided no information in relation to its previous request. Therefore, the Committee must once again request the Government to provide information on measures adopted or envisaged to give effect to Article 2(2) of the Convention.

Article 5. Medical examinations during or after the period of employment. The Committee notes the Government’s reference to the Regulations on the functioning of health services in enterprises, adopted by Ministerial Agreement No. 1404 of 17 October 1978, sections 4 and 5 of which establish the requirement to set up health services in enterprises. In the same vein, the Regulations on radiological safety, adopted by Executive Decree No. 3640 of 8 August 1979, establishes in section 112 the obligation to submit workers to a medical examination before starting work and during the period of employment. The Committee notes that, although the Regulations provide for examinations before and during employment, they do not include provisions concerning medical examinations to be carried out after employment. The Committee requests the Government to provide information on how it is ensured that workers are provided with such medical examinations or biological or other tests or investigations after the period of employment as are necessary to evaluate their exposure or state of health in relation to the occupational hazards, as required under this Article of the Convention.

Technical assistance. The Committee notes the Government’s indication in its report that it will request the technical assistance of the Office. The Committee requests the Government to provide information on progress in this respect.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 6(2) of the Convention. Duty of employers to collaborate when undertaking activities simultaneously at one workplace. The Committee notes the information provided by the Government in its report. However, the Committee observes that the specified sections of the Labour Code of 16 December 2005 and the Regulations on occupational safety and health and improvement of the working environment (OSH Regulations), adopted by Decree No. 2393 of 19 November 1986, do not give full effect to this Article of the Convention, which refers specifically to collaboration between employers to comply with the prescribed OSH measures, without prejudice to the responsibility of each employer for the health and safety of his employees. The Committee notes in particular that section 41 of the Labour Code refers to the joint responsibility of employers, which is different from the collaboration required by this Article, which is primarily of a preventive nature. Section 434 of the Labour Code generally provides for the obligation to draw up safety and health regulations in every workplace, but does not prescribe any method of collaboration between employers. Furthermore, the sections of the OSH Regulations referred to in the Government’s report establish general obligations for employers and do not impose the duty of collaboration within the meaning of this Article. The Committee requests the Government to provide more detailed information on the measures taken or envisaged to ensure full compliance with the duty of collaboration laid down by this Article and, where applicable, to establish the general procedures according to which this collaboration is to take place.

Article 8(1) and (3). Air pollution and vibration. In its previous comments, the Committee noted that the Government was establishing such limits by adopting the standards established in this respect by the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee notes that the Government does not provide in its report the requested information on limits for exposure to air pollution and vibration. The Committee once again requests the Government to provide a copy of any legal provision which sets the limits established by the ACGIH and to indicate the manner in which such limits are periodically revised, in accordance with this Article of the Convention.

Article 10. Exceeding exposure limits and protective equipment. The Committee notes the information sent by the Government in its report concerning guidelines or instructions relating to personal protective equipment that must be provided to workers where exposure limits are exceeded. However, the Committee observes that no information has been provided on the methods prescribed for determining whether such limits have been exceeded. The Committee once again requests the Government to indicate the methods prescribed for determining whether the limits specified under Article 8 are exceeded.

Article 11. Medical examinations (pre-assignment and periodic). The Committee notes the information supplied by the Government, particularly the Regulations concerning the functioning of health services in enterprises, adopted by Ministerial Decision No. 1404 of 17 October 1978, which is applicable to both public and private enterprises in all branches of economic activity. Section 11(2) of the aforementioned Regulations includes the following as duties of occupational doctors: carrying out preventive annual medical examinations and health checks on all workers, and performing special examinations in the case of high-risk work, at either six-month or shorter intervals, as required. The Committee notes that the provisions of the Regulations are not binding for enterprises employing fewer than 100 workers, except in cases where the Ministry of Labour decides otherwise. The Committee requests the Government to provide detailed information on the manner in which the specified provisions are applied in practice and on the manner in which the Ministry of Labour determines which enterprises employing fewer than 100 workers are covered by the Regulations.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee notes the information provided by the Government indicating that section 11 of the OSH Regulations establishes the general obligation of employers to notify any reports on risk prevention that they receive to the OSH Committee. Recalling that this Article refers to notification to the competent authorities, the Committee requests the Government to indicate the measures taken or contemplated to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authorities.

Technical assistance. The Committee notes the Government’s indication that it will request technical assistance from the Office with respect to all OSH Conventions and with regard to the revision and preparation of the new OSH Regulations and the revision of the sectoral OSH Regulations.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 2(3), (4) and 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. With reference to its previous comments, the Committee notes the Government’s indication that the Andean Occupational Safety and Health Instrument and the corresponding regulations contain specific provisions on the parties required to give effect to the provisions of Article 2. The Committee requests the Government to indicate the provisions of the national legislation which give effect to these Articles and to provide information on their application in practice.

Technical assistance. The Committee notes that the Government considers it appropriate to receive technical assistance for the preparation of reports, legislation and on issues relating to the application of the Convention. The Committee invites the Government to formally request ILO technical assistance and to provide information on any progress in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. Technical assistance. The Committee notes that, according to the Government’s report, no specific regulations and standard practices on the handling, use and monitoring of benzene have yet been drafted, and a meeting of the Inter-institutional Committee was to be convened to draft technical regulations for the use of benzene on 5 January 2014. The Committee notes the Government’s indication that it would like to receive technical assistance, given that the legislation is limited on the subject and that the required standards have not yet been reached, either in the technical area or with respect to monitoring. Consequently, the Committee invites the Government to formally request technical assistance from the Office and to provide information on all developments on this matter.

The Committee therefore requests the Government once again to adopt all the necessary measures in the very near future to give full effect to the provisions under the Convention, and in particular the provisions listed here below, and to provide information in this respect:

• -Article 2(1) of the Convention. Use of substitute products, where they are available, instead of benzene or products containing benzene;
• -Article 4(1) and (2). Prohibition of the use of benzene or products containing benzene in certain processes, at least as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work;
• -Article 5. Occupational hygiene and technical measures to ensure effective protection of workers exposed to benzene;
• -Article 6(1)–(3). Measures to prevent the escape of benzene vapour into the air of places of employment; measures to ensure that the concentration of benzene in the air of places of employment does not exceed a ceiling which shall be fixed by the competent authority at a level not exceeding 25 parts per million, and the establishment of appropriate standards for measuring the concentration of benzene in the air;
• -Article 7(1) and (2). Work processes involving the use of benzene or of products containing benzene to be carried out, as far as possible, in an enclosed system or, where this is not practicable, places of work to be equipped with effective means to ensure the removal of benzene vapour;
• -Article 8(1) and (2). Adequate means of personal protection against the risk of absorbing benzene through the skin or of inhaling benzene vapour, where its concentration in the air of the place of employment exceeds the ceiling of 25 parts per million; and the obligation to limit exposure as far as possible;
• -Articles 9 and 10. Pre-employment medical examinations and periodical re examinations at no cost to the workers to be undergone by all workers who are employed in work processes involving exposure to benzene or to products containing benzene; medical examinations to include blood tests and biological tests carried out under the supervision or with the assistance, as appropriate, of a competent laboratory; appropriate certification;
• -Article 11(1) and (2). Prohibition on the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene;
• -Article 12. Clearly visible danger symbols on any container holding benzene or products containing benzene;
• -Article 13. Appropriate measures to provide that any worker exposed to benzene or products containing benzene receives proper instructions on measures to safeguard health and prevent accidents, and on the appropriate action in the event of poisoning; and
• -Article 14. Procedures for the prevention of occupational risks and appropriate inspection.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Technical assistance. The Committee notes the Government’s statement that it would like to receive technical assistance with regard to the drafting of reports, legislation and issues raised in connection with the Convention. The Committee invites the Government to formally request technical assistance from the Office and to provide information on any developments in this respect.

Article 1(1) and (3) of the Convention. Determination of the carcinogenic substances and agents to be prohibited or made subject to authorization. Referring to its previous comments, the Committee notes that the Government provided information on the list of occupational diseases and related issues but did not reply to the question previously raised. However, it noted that the Government submitted some information on ionizing radiations. The Committee recalls that under Article 1(1) of the Convention, any Member ratifying this Convention shall periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of this Convention shall apply. The Committee also refers to Paragraphs 6–10 of the Occupational Cancer Recommendation, 1974 (No. 147). The Committee requests the Government to indicate whether there are carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control, and the way in which these are periodically determined.

Article 2(2). Reduction to the minimum compatible with safety of the number of workers exposed to carcinogenic substances or agents and the length of such exposure. Referring to its previous comments, the Committee notes that, according to the report, there is no list as of yet of the enterprises where workers are exposed to carcinogenic substances or agents and the length of such exposure, except those contained in the Regulations on radiology safety. As from early July 2014 and subject to the establishment of an occupational health laboratory, it will be possible to establish threshold measurements. For the moment, there is no measuring equipment. The Committee requests the Government to adopt the necessary measures to give effect to this Article of the Convention, including the establishment of the list of enterprises for the purposes of checking the length of workers’ exposure to carcinogenic substances or agents.

Article 5. Medical examinations. Referring to its previous comments, the Committee notes that, according to the Government, the Andean Occupational Safety and Health Instrument advocates but does not specify such examinations and that section 11(4) of the Safety Regulations of Ecuador stipulates that workers engaged in hazardous work should undergo medical tests. The Committee recalls that, under this Article of the Convention, any Member ratifying this Convention shall take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards. The Committee calls the Government’s attention to Paragraphs 11–14 of Recommendation No. 147, hoping that it might contribute towards a better understanding of this Article of the Convention. The Committee requests the Government to provide more detailed information on the legislation governing medical examinations during or after employment, with an indication of the areas of work covered, and especially on the application of these provisions in practice.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. Technical assistance. With regard to its previous comments, the Committee notes that the information provided by the Government is of a general nature and, as yet, there are still no specific regulations giving full effect to the Convention. In this respect, the Government indicates that it has not yet been able to update the national regulations and therefore would like to receive technical assistance from the Office, with a view to preparing reports, drafting legislation and matters related to the application of the Convention. The Committee invites the Government to formally request technical assistance from the Office and to provide information on any developments in this respect.

Consequently, the Committee is bound to reiterate its comments of 2009, which read as follows:

Article 6(2) of the Convention. Requirement for employers to cooperate in applying prescribed measures. The Committee notes that the Government merely refers to its previous report without answering the question raised by the Committee. It reminds the Government that under this Article, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures and that, in appropriate circumstances, the competent authorities shall prescribe general procedures for this collaboration. The Committee asks the Government to provide information on the manner in which it ensures compliance in law and in practice with the duty to collaborate laid down in this Article and, if necessary, to prescribe the procedures for such collaboration.

Article 8(1) and (3). Air pollution and vibration. For several years the Committee has been asking the Government provide information on the establishment, by the Inter-institutional Committee on Occupational Safety and Health, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards established for such substances by the American Conference of Governmental Industrial Hygienists. The Committee notes that according the Government, Ecuador has regulated maximum permissible limits of exposure only for asbestos and, for all other cases, they apply international standards. The Committee requests the Government to indicate which international standards it applies, and to submit a copy of the legal provisions providing for the application of these standards. Please also provide documentation on the criteria currently used to define the risks of exposure to air pollution and vibration in the workplace, and the exposure limits, as well as on the manner in which these criteria and limits are supplemented and revised in practice, together with relevant documentation.

Article 10. Exceeding exposure limits and protective equipment. The Committee once again notes that the Government has not sent the information requested. It invites the Government to indicate the methods prescribed for determining whether the limits specified in pursuance of Article 8 are exceeded and to specify the guidelines or instructions on the type of personal protective equipment to be provided to the workers exposed should these limits be exceeded.

Article 11. Medical examinations (pre-assignment and periodical). Please provide information on measures taken, in law and in practice, to regulate how these examinations are carried out and their periodicity.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee repeats its request to the Government for information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authorities.

Application of the Convention in practice. Please provide general information on the manner in which the Convention is applied, together with extracts from inspection reports, with an indication of the number and nature of infringements detected in connection with the Convention, including in the telephone sector. Please also provide reports prepared pursuant to the Andean Occupational Safety and Health Instrument that may be relevant, to enable the Committee to ascertain more fully the extent to which the Convention is applied.

The Committee hopes that the Government will do its utmost to adopt the necessary measures, in the very near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Technical assistance. The Committee notes the Government’s indications that it considers it appropriate to receive technical assistance for the preparation of reports, legislation and issues relating to the application of the Convention. The Committee invites the Government to formally request ILO technical assistance and to provide information on any developments in this respect.

Article 17(1) and (2) of the Convention. Demolition of plants containing friable asbestos insulation materials. The Committee notes that, according to the Government’s report, there is no relevant legislation that gives effect to this Article of the Convention and that the Government therefore considers it appropriate to receive technical assistance to adapt the legislation to the provisions of the Convention. In this regard, the Committee draws the Government’s attention to the guidance contained in Paragraph 14 of the Asbestos Recommendation, 1986 (No. 172). The Committee requests the Government to adopt the necessary measures to give effect to this Article of the Convention in light of this guidance.

Article 21(4). Alternative employment and maintenance of workers’ income when continued assignment to work involving exposure to asbestos is found to be medically inadvisable. Recalling its previous comments, the Committee once again requests the Government to provide information on the manner in which it ensures alternative employment and other measures, such as social benefits, so as to secure maintenance of the worker’s income where the worker’s assignment to or maintenance in a job involving exposure to asbestos, is medically inadvisable. Please provide, in particular, practical information on the manner in which the maintenance of income is guaranteed, including through social benefits.

Application of the Convention in practice. Article 5. Labour inspection services. With reference to its previous direct request, the Committee observes that the information provided by the Government on the activities of the labour inspectorate is not related to the application of the present Convention. The Committee once again requests the Government to provide information on the application of the Convention in practice, including reports provided by the labour inspectorate and other bodies responsible for the application of the Convention, including in so far as possible in the construction sector.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

In 2010, the Committee asked the Government to reply in detail in 2011 to the questions raised in its observation of 2005. The Committee notes that the Government states in this connection that it will make the necessary amendments to update the law. The Government also refers to a handbook of normal and emergency procedures and a directory for care of radiological emergencies. The Government report being brief, the Committee finds that it is unable to proceed further with its examination of how the Convention is applied. The Committee requests the Government to provide information on the legislative proposals referred to. The Committee again asks the Government to consider the possibility of requesting technical assistance from the Office in the drafting of reports and for a number of issues raised in connection with the occupational safety and health Conventions, and requests it to provide information on any needs that may arise in this regard. It also asks the Government to reply to the questions raised and to indicate the manner in which it ensures, in practice, the effective application of the Articles indicated by the Committee in its comments of 2005, which read as follows:

Articles 3(1) and 6(2) of the Convention. Measures taken in the light of the knowledge available. The Committee notes the Government’s indication that the Ecuadorian Commission on Atomic Energy (CEEA) has given an undertaking to the International Atomic Energy Agency (IAEA) to amend the Regulations on radiological safety (RSR) of 1979 during the course of the technical assistance cycle 2005–06 with a view to bringing the national regulations into conformity with international standards on the maximum permissible dose limits for the exposure of workers adopted by the International Commission on Radiological Protection (ICRP) in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources established under the auspices of the IAEA, ILO, WHO and three other international organizations. The Committee requests the Government to take the necessary measures rapidly with a view to bringing its legislation into conformity with these provisions of the Convention with due consideration being given to the general observation of 1992 and to provide a copy of the amended regulations as soon as they have been adopted.

Article 7. Workers under the age of 18 directly engaged in radiation work. The Committee notes that section 3 of the Regulations on radiological safety of 1979 defines radiation areas as areas where the radiation doses may be higher than 5 mrem per hour and that this definition will also be amended during the course of the technical assistance cycle 2005–06 so that young persons under the age of 18 cannot be assigned to work involving exposure to ionizing radiations. It also notes the information that the CEEA does not authorize work permits for young persons under the age of 18 to perform work involving ionizing radiations or in “radiation areas”. The Committee once again requests the Government to take the necessary measures rapidly and to provide it with a copy of the amended regulations as soon as they have been adopted.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information that workers who, for medical reasons, can no longer work under conditions involving exposure to ionizing radiations may be granted compensation following classification as being affected by an occupational disease by the Ecuadorian Social Security Institute (IESS). In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the foregoing, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

Exposure during emergency situations. The Committee notes that exposure during emergency situations is regulated by the Manual on normal procedures and in cases of emergency, which requires the information on radioactive sources in the country to be updated. It also notes that this manual is prepared for each individual user and that it is regularly updated to ensure that it is in conformity with the international recommendations determining the admissible dose levels in cases of emergency. The Committee requests the Government to provide a copy of one of these manuals.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

In 2010, the Committee noted once again that the Government had not provided the information requested and once again invited it to provide detailed information in reply to its direct request of 2006. The Committee notes that the Government’s report indicates that the content of the direct request has been sent to the respective bodies, but that the detailed information requested has not been provided. The 2006 direct request read as follows:

Article 2(3) and (4) and Article 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the study done by the Coordinator of the Occupational Safety and Health Unit, which in turn refers to the provisions of the Occupational Safety and Health Regulations, adopted by Decree No. 2393 of 13 November 1986. In its comments in 1995, the Committee noted that this text establishes liability and certain sanctions for failure to apply the prescriptions set forth in its provisions, but does not specify the persons on whom the obligation to ensure compliance with the provisions of Article 2 of the Convention shall rest. The Committee once again recalls that, in accordance with the provisions of the Convention, measures have to be taken to ensure that the categories of persons referred to in Article 4, namely vendors, persons letting out on hire or transferring machinery in any other manner and exhibitors and, where appropriate, their respective agents, and the manufacturer when she or he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, are explicitly covered by the provisions of the national legislation establishing the obligation to prohibit by national laws or regulations or to prevent by other equally effective measures, the sale and hire of machinery of which the dangerous parts, specified in paragraphs 3 and 4 of Article 2, are without appropriate guards. The Committee urges the Government to take the necessary measures in the near future to bring the national legislation into conformity with the above provisions of the Convention and requests it to provide information on the progress achieved in this respect.

The Committee once again invites the Government to consider the possibility of requesting ILO technical assistance for the drafting of reports and on certain questions raised in relation to the occupational safety and health Conventions, and to provide information on any need which may arise in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

In 2010, the Committee noted that the Government had not provided the information requested and again asked it to provide detailed information in response to the direct request of 2006. The Committee notes that the Government’s report indicates once again that there has been a delay in the adoption of regulations on the use of benzene and that the technical standards are about to be updated. The Government also states that since benzene is not used in industries, no violations or results of any kind have been reported in the inspection visits carried out. The Government refers to the information it provided previously. The Committee points out that, having noted the information reiterated by the Government, it raised questions designed to seek clarification of some aspects of the application of certain Articles of the Convention for which further information is needed. Since the report supplied by the Government does not respond in detail to the Committee’s questions, it is bound to repeat its previous comments, which read as follows:

Article 5 of the Convention. Occupational hygiene and technical measures to ensure effective protection of workers exposed to benzene. The Committee notes that, in 2005, the Ministry of Labour and Employment approved the Occupational Safety and Health Institutional Policy and the Safety and Health Management System of the Ministry of Labour by means of Ministerial Order No. 000213 of 23 October 2002, which sets out the principles and objectives of the policy, as well as strategies and measures for the development of national law and practice to ensure effective implementation of its terms of reference. The Committee hopes that these strategies will be implemented in the very near future and requests the Government to provide information on progress in this matter.

The Committee notes that adoption of the draft regulations on the use of benzene has been delayed and that, as a consequence of this, the technical standards are now to be updated by the Inter-Institutional Committee and then sent to the tripartite National Labour Council so that it can acquaint itself with this vitally important matter and speed up adoption. The Committee hopes that the abovementioned draft regulations will be adopted in the near future and will give full effect to the provisions of the Convention, and especially:

• – Article 2(1). Use of substitute products, where they are available, instead of benzene or products containing benzene;
• – Article 4(1) and (2). Prohibition of the use of benzene or products containing benzene in certain processes, at least as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work;
• – Article 5. Occupational hygiene and technical measures to ensure effective protection of workers exposed to benzene;
• – Article 6(1)–(3). Measures to prevent the escape of benzene vapour into the air of places of employment; measures to ensure that the concentration of benzene in the air of places of employment does not exceed a ceiling which shall be fixed by the competent authority at a level not exceeding 25 parts per million, and the establishment of appropriate standards for measuring the concentration of benzene in the air;
• – Article 7(1) and (2). Work processes involving the use of benzene or of products containing benzene to be carried out, as far as possible, in an enclosed system or, where this is not practicable, places of work to be equipped with effective means to ensure the removal of benzene vapour;
• – Article 8(1) and (2). Adequate means of personal protection against the risk of absorbing benzene through the skin or of inhaling benzene vapour, where its concentration in the air of the place of employment exceeds the ceiling of 25 parts per million; and the obligation to limit exposure as far as possible;
• – Articles 9 and 10. Pre-employment medical examinations and periodical re examinations at no cost to the workers to be undergone by all workers who are employed in work processes involving exposure to benzene or to products containing benzene; medical examinations to include blood tests and biological tests carried out under the supervision or with the assistance, as appropriate, of a competent laboratory; appropriate certification;
• – Article 11(1) and (2). Prohibition on the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene;
• – Article 12. Clearly visible danger symbols on any container holding benzene or products containing benzene;
• – Article 13. Appropriate measures to provide that any worker exposed to benzene or products containing benzene receives proper instructions on measures to safeguard health and prevent accidents, and on the appropriate action in the event of poisoning; and
• – Article 14. Procedures for the prevention of occupational risks and appropriate inspection.

Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied, including extracts of inspection reports and data on the number of workers covered by the Convention, if possible, disaggregated by gender and the number and nature of the infringements recorded.

The Committee again invites the Government to envisage the possibility of requesting technical assistance from the Office in drafting reports and addressing some of the matters raised in the occupational safety and health Conventions, and asks it to provide information on any needs that may arise in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1(1) and (3) of the Convention. Determination of the carcinogenic substances and agents to be prohibited or made subject to authorization. Referring to its previous comments, the Committee notes the Government’s statement that the Inter-Institutional Committee has not fixed maximum permissible levels of exposure as required by section 64 of the Regulations concerning the safety and health of workers, but that the limit values laid down in international standards are used as a reference point in the country. The Committee requests the Government to supply information on the legislation referring to or prescribing the limit values laid down in international standards and on the manner in which their application is ensured in practice.

Article 2(2). Reduction to the minimum compatible with safety of the number of workers exposed to carcinogenic substances or agents and the length of such exposure. Having referred to this matter for a number of years, the Committee again requests the Government to supply information on the application of this Article, including on the establishment of the list of enterprises for the purposes of checking the length of workers’ exposure to carcinogenic substances or agents.

Article 5. Medical examinations after the period of employment. Referring to its previous comments, the Committee notes the Government’s indication that it has drafted an instrument which specifies that the type and frequency of medical examinations shall depend on the assessment of exposure levels in the workplace and that the internal occupational safety and health (OSH) regulations presented to the Ministry of Labour for approval shall contain a chapter on this subject. The Committee notes that this information is of a general nature and requests the Government to supply more detailed information on the legislation governing medical examinations after employment, with an indication of the areas of work concerned, and especially on the application of these provisions in practice.

In 2010 the Committee asked the Government to reply in detail to its comments of 2006. The Committee pointed out to the Government that its concise report contained little information in relation to progress made on the application of the Convention. The Committee therefore again requests the Government to contemplate the possibility of requesting technical assistance from the Office with regard to the drafting of reports and issues raised in connection with the OSH Conventions and to supply information on any needs that may arise in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Article 4 of the Convention. Measures for the prevention and control of occupational hazards due to air pollution, noise and vibration. Article 5. Cooperation between employers and workers. Article 11. Periodical medical examinations. Workers in the telephony sector. In its previous comments, the Committee asked the Government to consult employers and workers as provided for in Article 5 of the Convention with regard to the measures for prevention and protection referred to in Article 4 which apply in the telephony sector, and to provide information on such consultations as well as on measures taken or contemplated. The Committee also asked the Government to provide information on the medical examinations conducted for workers in the sector, indicating their frequency and providing information on their results. The Committee notes the Government’s statement that, in accordance with the report of the Directorate for Occupational Safety and Health and with regard to reducing the length of the working day in the telephony sector, the sectoral committees were assisted by a safety and health team in defining a working day of seven hours, with the option of reviewing the situation. The Committee draws the Government’s attention to the fact that this is a case which it has been dealing with for many years and that, in order to assess whether effect is being given to these Articles in the sector concerned, it is essential that it receives information on the manner in which the application of the abovementioned Articles is ensured in practice. The Committee again requests the Government to supply information on the application of the abovementioned Articles, indicating the action taken by the labour inspectorate in the telephony sector in relation to these Articles of the Convention and the results achieved, so that it can assess whether the measures taken have resulted in improvements for the workers in this sector.

In its observation of 2010, the Committee once again noted with regret that, despite asking the Government to reply in detail to the comments made, the Government’s report was a general summary and, in the absence of further information from the Government, the Committee was unable to assess the importance of the additional information from various sources which was attached to the Government’s report. It pointed out that, in some cases, the information requested did not come within the competence of the unit concerned. The Committee indicated that coordination is necessary both to apply the occupational safety and health (OSH) Conventions and to prepare the respective reports and that, regardless of the internal distribution of competencies, the responsibility for submitting the reports lies with the Government. As a result of the various issues mentioned, the information available did not enable the Committee to assess whether the national law and practice give effect to the obligations deriving from the Convention. However, the Committee noted that certain efforts were being made with regard to OSH in the country. The Committee asked the Government to compile the information requested by the Committee in its previous comments and to reply in detail to the questions posed in 2009. The Committee also asked the Government to contemplate the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to the questions raised in relation to the OSH Conventions. The Committee notes that the Government once again has submitted a brief report which does not reply to the questions raised by the Committee. The Committee is therefore bound to repeat its comments of 2009, which read as follows:

Article 6(2). Requirement for employers to cooperate in applying prescribed measures. The Committee notes that the Government merely refers to its previous report without answering the question raised by the Committee. It reminds the Government that under this Article, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures and that, in appropriate circumstances, the competent authorities shall prescribe general procedures for this collaboration. The Committee asks the Government to provide information on the manner in which it ensures compliance in law and in practice with the duty to collaborate laid down in this Article and, if necessary, to prescribe the procedures for such collaboration.

Article 8(1) and (3). Air pollution and vibration. For several years the Committee has been asking the Government provide information on the establishment, by the Inter-Institutional Committee on Occupational Safety and Health, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards established for such substances by the American Conference of Governmental Industrial Hygienists. The Committee notes that according the Government, Ecuador has regulated maximum permissible limits of exposure only for asbestos and for all other cases, they apply international standards. The Committee requests the Government to indicate which international standards it applies, and submit a copy of the legal provisions providing for the application of these standards. Please also provide documentation on the criteria currently used to define the risks of exposure to air pollution and vibration in the workplace, and the exposure limits, as well as on the manner in which these criteria and limits are supplemented and revised in practice, together with relevant documentation.

Article 10. Exceeding exposure limits and protective equipment. The Committee once again notes that the Government has not sent the information requested. It invites the Government to indicate the methods prescribed for determining whether the limits specified in pursuance of Article 8 are exceeded and to specify the guidelines or instructions on the type of personal protective equipment to be provided to the workers exposed should these limits be exceeded.

Article 11. Medical examinations (pre-assignment and periodical). Please provide information on measures taken, in law and in practice, to regulate how these examinations are carried out and that periodicity.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee repeats its request to the Government for information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authorities.

Part IV of the report form. Application in practice. Please provide general information on the manner in which the Convention is applied, together with extracts from inspection reports with an indication of the number and nature of infringements detected in connection with the Convention, including in the telephone sector. Please also provide reports prepared pursuant to the Andean Occupational Safety and Health Instrument that may be relevant, to enable the Committee to ascertain more fully the extent to which the Convention is applied.

In general, the Committee notes that although it has asked the Government to reply in detail to its comments of 2006, the information sent by the Government is summary and general in nature. The Committee also notes that the type of reply sent by the Government does now allow it to resolve the application of the issues that it has been raising for several years. The Committee requests the Government to reply in detail to the present comments attaching copies of the legislative provisions, and to provide examples that illustrate the assertions it makes in its report. The Committee draws the Government’s attention to the fact that it may seek technical assistance from the Office should it deem this necessary.

The Committee again requests the Government to contemplate the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to questions raised in relation to the OSH Conventions, and to supply information on any needs that may arise in this regard.

The Committee hopes the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Articles 11 and 12 of the Convention. Use of crocidolite and the spraying of asbestos. In its previous comments, the Committee noted that sections 5.1 and 5.2 of the Safety Regulations for the Use of Asbestos of 9 August 2000 prohibit the use of crocidolite and the spraying of all forms of asbestos and provide for possible waivers by the competent authority where there is no alternative and on condition that the health of workers is not endangered, and asked the Government to provide information in this regard. The Committee notes that according to the Government, there have been no cases of any waivers being issued under these provisions of the Regulations.

Article 17(1) and (2). Demolition of plants containing friable asbestos insulation materials. In its previous comments, the Committee noted that the Safety Regulation for the Use of Asbestos contain no specific requirement that the demolition of plants containing friable asbestos insulation materials is to be undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work, or any provision on the workplan which has to be drawn up before such work is started. The Committee requested the Government to take the necessary steps to ensure application of this Article of the Convention. The Committee notes with regret that the Government refers to the abovementioned Regulations without indicating the relevant provisions that give effect to these Articles of the Convention and which would respond to the questions raised by the Committee. The Committee again asks the Government to indicate clearly the provisions of the relevant legislation that give effect to these Articles, and to provide information on their application in practice in the construction industry.

Article 21(4). Alternative employment and maintenance of workers’ income when continued assignment to work involving exposure is found to be medically inadvisable. Further to its previous comments, the Committee notes that the Government refers to section 5 of the 1993 Recommendations on Occupational Safety and Health in the Use of Asbestos. The Committee notes that section 5 refers to a programme of medical supervision, providing that “the medical service of the enterprise shall determine and apply medical contraindications when assigning or rotating a post”. Although this Recommendation may contribute in part to assignment to alternative employment, it would not appear sufficient for effectively ensuring alternative employment or other means of maintaining income in the case at hand. The Committee accordingly asks the Government once again to continue to provide information on the manner in which it ensures alternative employment or other measures such as social benefits so as to secure maintenance of the worker’s income where the worker’s assignment to or maintenance in a job involving exposure is medically inadvisable. Please provide, in particular, practical information on the manner in which maintenance of income is guaranteed, including through social benefits.

Part V of the report form. Application in practice. Article 5. Labour inspection services. With reference to its previous comments, the Committee notes that the Government does not provide the information requested on the application of the Convention in practice. The Government again states that the Occupation Safety and Health Unit is undergoing restructuring with the assistance of the Government of Spain and that the relevant regulations are being disseminated, but provides no further information. The Committee points out to the Government that information on the manner in which effect is given to the Convention is essential to the Committee’s examination of how far the Convention is applied. The Committee again asks the Government to make every effort to provide information on the effect given in practice to the Convention, including reports of the labour inspection services or other bodies responsible for the enforcement of the Convention and supervision of the application of the abovementioned Regulations, so the Committee may gain a fuller picture of the manner in which the Convention is applied in practice. Please provide, for example, general information on the manner in which the Convention is applied, including in the construction sector as far as possible.

The Committee again asks the Government to envisage the possibility of requesting technical assistance from the Office in drafting reports and addressing some of the questions raised regarding the occupational safety and health Conventions, and requests it to provide information on any needs that may arise in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

In 2010, the Committee asked the Government to reply in detail in 2011 to the questions raised in its observation of 2005. The Committee notes that the Government states in this connection that it will make the necessary amendments to update the law. The Government also refers to a handbook of normal and emergency procedures and a directory for care of radiological emergencies. The Government report being brief, the Committee finds that it is unable to proceed further with its examination of how the Convention is applied. The Committee requests the Government to provide information on the legislative proposals referred to. The Committee again asks the Government to consider the possibility of requesting technical assistance from the Office in the drafting of reports and for a number of issues raised in connection with the occupational safety and health Conventions, and requests it to provide information on any needs that may arise in this regard. It also asks the Government to reply to the questions raised and to indicate the manner in which it ensures, in practice, the effective application of the Articles indicated by the Committee in its comments of 2005, which read as follows:

Repetition

Articles 3(1) and 6(2) of the Convention. Measures taken in the light of the knowledge available. The Committee notes the Government’s indication that the Ecuadorian Commission on Atomic Energy (CEEA) has given an undertaking to the International Atomic Energy Agency (IAEA) to amend the Regulations on radiological safety (RSR) of 1979 during the course of the technical assistance cycle 2005–06 with a view to bringing the national regulations into conformity with international standards on the maximum permissible dose limits for the exposure of workers adopted by the International Commission on Radiological Protection (ICRP) in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources established under the auspices of the IAEA, ILO, WHO and three other international organizations. The Committee requests the Government to take the necessary measures rapidly with a view to bringing its legislation into conformity with these provisions of the Convention with due consideration being given to the general observation of 1992 and to provide a copy of the amended regulations as soon as they have been adopted.

Article 7. Workers under the age of 18 directly engaged in radiation work. The Committee notes that section 3 of the Regulations on radiological safety of 1979 defines radiation areas as areas where the radiation doses may be higher than 5 mrem per hour and that this definition will also be amended during the course of the technical assistance cycle 2005–06 so that young persons under the age of 18 cannot be assigned to work involving exposure to ionizing radiations. It also notes the information that the CEEA does not authorize work permits for young persons under the age of 18 to perform work involving ionizing radiations or in “radiation areas”. The Committee once again requests the Government to take the necessary measures rapidly and to provide it with a copy of the amended regulations as soon as they have been adopted.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information that workers who, for medical reasons, can no longer work under conditions involving exposure to ionizing radiations may be granted compensation following classification as being affected by an occupational disease by the Ecuadorian Social Security Institute (IESS). In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the foregoing, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

Exposure during emergency situations. The Committee notes that exposure during emergency situations is regulated by the Manual on normal procedures and in cases of emergency, which requires the information on radioactive sources in the country to be updated. It also notes that this manual is prepared for each individual user and that it is regularly updated to ensure that it is in conformity with the international recommendations determining the admissible dose levels in cases of emergency. The Committee requests the Government to provide a copy of one of these manuals.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

In 2010, the Committee noted once again that the Government had not provided the information requested and once again invited it to provide detailed information in reply to its direct request of 2006. The Committee notes that the Government’s report indicates that the content of the direct request has been sent to the respective bodies, but that the detailed information requested has not been provided. The 2006 direct request read as follows:

Repetition

Article 2(3) and (4) and Article 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the study done by the Coordinator of the Occupational Safety and Health Unit, which in turn refers to the provisions of the Occupational Safety and Health Regulations, adopted by Decree No. 2393 of 13 November 1986. In its comments in 1995, the Committee noted that this text establishes liability and certain sanctions for failure to apply the prescriptions set forth in its provisions, but does not specify the persons on whom the obligation to ensure compliance with the provisions of Article 2 of the Convention shall rest. The Committee once again recalls that, in accordance with the provisions of the Convention, measures have to be taken to ensure that the categories of persons referred to in Article 4, namely vendors, persons letting out on hire or transferring machinery in any other manner and exhibitors and, where appropriate, their respective agents, and the manufacturer when she or he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, are explicitly covered by the provisions of the national legislation establishing the obligation to prohibit by national laws or regulations or to prevent by other equally effective measures, the sale and hire of machinery of which the dangerous parts, specified in paragraphs 3 and 4 of Article 2, are without appropriate guards. The Committee urges the Government to take the necessary measures in the near future to bring the national legislation into conformity with the above provisions of the Convention and requests it to provide information on the progress achieved in this respect.

The Committee once again invites the Government to consider the possibility of requesting ILO technical assistance for the drafting of reports and on certain questions raised in relation to the occupational safety and health Conventions, and to provide information on any need which may arise in this respect.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

In 2010, the Committee noted that the Government had not provided the information requested and again asked it to provide detailed information in response to the direct request of 2006. The Committee notes that the Government’s report indicates once again that there has been a delay in the adoption of regulations on the use of benzene and that the technical standards are about to be updated. The Government also states that since benzene is not used in industries, no violations or results of any kind have been reported in the inspection visits carried out. The Government refers to the information it provided previously. The Committee points out that, having noted the information reiterated by the Government, it raised questions designed to seek clarification of some aspects of the application of certain Articles of the Convention for which further information is needed. Since the report supplied by the Government does not respond in detail to the Committee’s questions, it is bound to repeat its previous comments, which read as follows:

Repetition

Article 5 of the Convention. Occupational hygiene and technical measures to ensure effective protection of workers exposed to benzene. The Committee notes that, in 2005, the Ministry of Labour and Employment approved the Occupational Safety and Health Institutional Policy and the Safety and Health Management System of the Ministry of Labour by means of Ministerial Order No. 000213 of 23 October 2002, which sets out the principles and objectives of the policy, as well as strategies and measures for the development of national law and practice to ensure effective implementation of its terms of reference. The Committee hopes that these strategies will be implemented in the very near future and requests the Government to provide information on progress in this matter.

The Committee notes that adoption of the draft regulations on the use of benzene has been delayed and that, as a consequence of this, the technical standards are now to be updated by the Inter-Institutional Committee and then sent to the tripartite National Labour Council so that it can acquaint itself with this vitally important matter and speed up adoption. The Committee hopes that the abovementioned draft regulations will be adopted in the near future and will give full effect to the provisions of the Convention, and especially:

• – Article 2(1). Use of substitute products, where they are available, instead of benzene or products containing benzene;
• – Article 4(1) and (2). Prohibition of the use of benzene or products containing benzene in certain processes, at least as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work;
• – Article 5. Occupational hygiene and technical measures to ensure effective protection of workers exposed to benzene;
• – Article 6(1)–(3). Measures to prevent the escape of benzene vapour into the air of places of employment; measures to ensure that the concentration of benzene in the air of places of employment does not exceed a ceiling which shall be fixed by the competent authority at a level not exceeding 25 parts per million, and the establishment of appropriate standards for measuring the concentration of benzene in the air;
• – Article 7(1) and (2). Work processes involving the use of benzene or of products containing benzene to be carried out, as far as possible, in an enclosed system or, where this is not practicable, places of work to be equipped with effective means to ensure the removal of benzene vapour;
• – Article 8(1) and (2). Adequate means of personal protection against the risk of absorbing benzene through the skin or of inhaling benzene vapour, where its concentration in the air of the place of employment exceeds the ceiling of 25 parts per million; and the obligation to limit exposure as far as possible;
• – Articles 9 and 10. Pre-employment medical examinations and periodical re examinations at no cost to the workers to be undergone by all workers who are employed in work processes involving exposure to benzene or to products containing benzene; medical examinations to include blood tests and biological tests carried out under the supervision or with the assistance, as appropriate, of a competent laboratory; appropriate certification;
• – Article 11(1) and (2). Prohibition on the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene;
• – Article 12. Clearly visible danger symbols on any container holding benzene or products containing benzene;
• – Article 13. Appropriate measures to provide that any worker exposed to benzene or products containing benzene receives proper instructions on measures to safeguard health and prevent accidents, and on the appropriate action in the event of poisoning; and
• – Article 14. Procedures for the prevention of occupational risks and appropriate inspection.

Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied, including extracts of inspection reports and data on the number of workers covered by the Convention, if possible, disaggregated by gender and the number and nature of the infringements recorded.

The Committee again invites the Government to envisage the possibility of requesting technical assistance from the Office in drafting reports and addressing some of the matters raised in the occupational safety and health Conventions, and asks it to provide information on any needs that may arise in this regard.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1) and (3) of the Convention. Determination of the carcinogenic substances and agents to be prohibited or made subject to authorization. Referring to its previous comments, the Committee notes the Government’s statement that the Inter-Institutional Committee has not fixed maximum permissible levels of exposure as required by section 64 of the Regulations concerning the safety and health of workers, but that the limit values laid down in international standards are used as a reference point in the country. The Committee requests the Government to supply information on the legislation referring to or prescribing the limit values laid down in international standards and on the manner in which their application is ensured in practice.

Article 2(2). Reduction to the minimum compatible with safety of the number of workers exposed to carcinogenic substances or agents and the length of such exposure. Having referred to this matter for a number of years, the Committee again requests the Government to supply information on the application of this Article, including on the establishment of the list of enterprises for the purposes of checking the length of workers’ exposure to carcinogenic substances or agents.

Article 5. Medical examinations after the period of employment. Referring to its previous comments, the Committee notes the Government’s indication that it has drafted an instrument which specifies that the type and frequency of medical examinations shall depend on the assessment of exposure levels in the workplace and that the internal occupational safety and health (OSH) regulations presented to the Ministry of Labour for approval shall contain a chapter on this subject. The Committee notes that this information is of a general nature and requests the Government to supply more detailed information on the legislation governing medical examinations after employment, with an indication of the areas of work concerned, and especially on the application of these provisions in practice.

In 2010 the Committee asked the Government to reply in detail to its comments of 2006. The Committee pointed out to the Government that its concise report contained little information in relation to progress made on the application of the Convention. The Committee therefore again requests the Government to contemplate the possibility of requesting technical assistance from the Office with regard to the drafting of reports and issues raised in connection with the OSH Conventions and to supply information on any needs that may arise in this regard.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4 of the Convention. Measures for the prevention and control of occupational hazards due to air pollution, noise and vibration. Article 5. Cooperation between employers and workers. Article 11. Periodical medical examinations. Workers in the telephony sector. In its previous comments the Committee asked the Government to consult employers and workers as provided for in Article 5 of the Convention with regard to the measures for prevention and protection referred to in Article 4 which apply in the telephony sector, and to provide information on such consultations as well as on measures taken or contemplated. The Committee also asked the Government to provide information on the medical examinations conducted for workers in the sector, indicating their frequency and providing information on their results. The Committee notes the Government’s statement that, in accordance with the report of the Directorate for Occupational Safety and Health and with regard to reducing the length of the working day in the telephony sector, the sectoral committees were assisted by a safety and health team in defining a working day of seven hours, with the option of reviewing the situation. The Committee draws the Government’s attention to the fact that this is a case which it has been dealing with for many years and that, in order to assess whether effect is being given to these Articles in the sector concerned, it is essential that it receives information on the manner in which the application of the abovementioned Articles is ensured in practice. The Committee again requests the Government to supply information on the application of the abovementioned Articles, indicating the action taken by the labour inspectorate in the telephony sector in relation to these Articles of the Convention and the results achieved, so that it can assess whether the measures taken have resulted in improvements for the workers in this sector.

In its observation of 2010, the Committee once again noted with regret that, despite asking the Government to reply in detail to the comments made, the Government’s report was a general summary and, in the absence of further information from the Government, the Committee was unable to assess the importance of the additional information from various sources which was attached to the Government’s report. It pointed out that, in some cases, the information requested did not come within the competence of the unit concerned. The Committee indicated that coordination is necessary both to apply the occupational safety and health (OSH) Conventions and to prepare the respective reports and that, regardless of the internal distribution of competencies, the responsibility for submitting the reports lies with the Government. As a result of the various issues mentioned, the information available did not enable the Committee to assess whether the national law and practice give effect to the obligations deriving from the Convention. However, the Committee noted that certain efforts were being made with regard to OSH in the country. The Committee asked the Government to compile the information requested by the Committee in its previous comments and to reply in detail to the questions posed in 2009. The Committee also asked the Government to contemplate the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to the questions raised in relation to the OSH Conventions. The Committee notes that the Government once again has submitted a brief report which does not reply to the questions raised by the Committee. The Committee is therefore bound to repeat its comments of 2009, which read as follows:

Article 6(2). Requirement for employers to cooperate in applying prescribed measures. The Committee notes that the Government merely refers to its previous report without answering the question raised by the Committee. It reminds the Government that under this Article, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures and that, in appropriate circumstances, the competent authorities shall prescribe general procedures for this collaboration. The Committee asks the Government to provide information on the manner in which it ensures compliance in law and in practice with the duty to collaborate laid down in this Article and, if necessary, to prescribe the procedures for such collaboration.

Article 8(1) and (3). Air pollution and vibration. For several years the Committee has been asking the Government provide information on the establishment, by the Inter-Institutional Committee on Occupational Safety and Health, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards established for such substances by the American Conference of Governmental Industrial Hygienists. The Committee notes that according the Government, Ecuador has regulated maximum permissible limits of exposure only for asbestos and for all other cases, they apply international standards. The Committee requests the Government to indicate which international standards it applies, and submit a copy of the legal provisions providing for the application of these standards. Please also provide documentation on the criteria currently used to define the risks of exposure to air pollution and vibration in the workplace, and the exposure limits, as well as on the manner in which these criteria and limits are supplemented and revised in practice, together with relevant documentation.

Article 10. Exceeding exposure limits and protective equipment. The Committee once again notes that the Government has not sent the information requested. It invites the Government to indicate the methods prescribed for determining whether the limits specified in pursuance of Article 8 are exceeded and to specify the guidelines or instructions on the type of personal protective equipment to be provided to the workers exposed should these limits be exceeded.

Article 11. Medical examinations (pre-assignment and periodical). Please provide information on measures taken, in law and in practice, to regulate how these examinations are carried out and that periodicity.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee repeats its request to the Government for information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authorities.

Part IV of the report form. Application in practice. Please provide general information on the manner in which the Convention is applied, together with extracts from inspection reports with an indication of the number and nature of infringements detected in connection with the Convention, including in the telephone sector. Please also provide reports prepared pursuant to the Andean Occupational Safety and Health Instrument that may be relevant, to enable the Committee to ascertain more fully the extent to which the Convention is applied.

In general, the Committee notes that although it has asked the Government to reply in detail to its comments of 2006, the information sent by the Government is summary and general in nature. The Committee also notes that the type of reply sent by the Government does now allow it to resolve the application of the issues that it has been raising for several years. The Committee requests the Government to reply in detail to the present comments attaching copies of the legislative provisions, and to provide examples that illustrate the assertions it makes in its report. The Committee draws the Government’s attention to the fact that it may seek technical assistance from the Office should it deem this necessary.

The Committee again requests the Government to contemplate the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to questions raised in relation to the OSH Conventions, and to supply information on any needs that may arise in this regard.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 11 and 12 of the Convention. Use of crocidolite and the spraying of asbestos. In its previous comments the Committee noted that sections 5.1 and 5.2 of the Safety Regulations for the Use of Asbestos of 9 August 2000 prohibit the use of crocidolite and the spraying of all forms of asbestos and provide for possible waivers by the competent authority where there is no alternative and on condition that the health of workers is not endangered, and asked the Government to provide information in this regard. The Committee notes that according to the Government, there have been no cases of any waivers being issued under these provisions of the Regulations.

Article 17(1) and (2). Demolition of plants containing friable asbestos insulation materials. In its previous comments, the Committee noted that the Safety Regulation for the Use of Asbestos contain no specific requirement that the demolition of plants containing friable asbestos insulation materials is to be undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work, or any provision on the workplan which has to be drawn up before such work is started. The Committee requested the Government to take the necessary steps to ensure application of this Article of the Convention. The Committee notes with regret that the Government refers to the abovementioned Regulations without indicating the relevant provisions that give effect to these Articles of the Convention and which would respond to the questions raised by the Committee. The Committee again asks the Government to indicate clearly the provisions of the relevant legislation that give effect to these Articles, and to provide information on their application in practice in the construction industry.

Article 21(4). Alternative employment and maintenance of workers’ income when continued assignment to work involving exposure is found to be medically inadvisable. Further to its previous comments, the Committee notes that the Government refers to section 5 of the 1993 Recommendations on Occupational Safety and Health in the Use of Asbestos. The Committee notes that section 5 refers to a programme of medical supervision, providing that “the medical service of the enterprise shall determine and apply medical contraindications when assigning or rotating a post”. Although this Recommendation may contribute in part to assignment to alternative employment, it would not appear sufficient for effectively ensuring alternative employment or other means of maintaining income in the case at hand. The Committee accordingly asks the Government once again to continue to provide information on the manner in which it ensures alternative employment or other measures such as social benefits so as to secure maintenance of the worker’s income where the worker’s assignment to or maintenance in a job involving exposure is medically inadvisable. Please provide, in particular, practical information on the manner in which maintenance of income is guaranteed, including through social benefits.

Part V of the report form. Application in practice. Article 5. Labour inspection services. With reference to its previous comments, the Committee notes that the Government does not provide the information requested on the application of the Convention in practice. The Government again states that the Occupation Safety and Health Unit is undergoing restructuring with the assistance of the Government of Spain and that the relevant regulations are being disseminated, but provides no further information. The Committee points out to the Government that information on the manner in which effect is given to the Convention is essential to the Committee’s examination of how far the Convention is applied. The Committee again asks the Government to make every effort to provide information on the effect given in practice to the Convention, including reports of the labour inspection services or other bodies responsible for the enforcement of the Convention and supervision of the application of the abovementioned Regulations, so the Committee may gain a fuller picture of the manner in which the Convention is applied in practice. Please provide, for example, general information on the manner in which the Convention is applied, including in the construction sector as far as possible.

The Committee again asks the Government to envisage the possibility of requesting technical assistance from the Office in drafting reports and addressing some of the questions raised regarding the occupational safety and health Conventions, and requests it to provide information on any needs that may arise in this regard.

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Noting that in its report the Government does not supply the information requested in the Committee’s previous comments and indicates that those comments have been referred to the new authorities for their views, the Committee refers to the comments it has made this year on the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), in which it invites the Government to seek technical assistance from the Office for the preparation of reports and in relation to a number of issues pertaining to the occupational safety and health Conventions. The Committee again invites the Government to send detailed information on the questions raised in its direct request of 2006 on the application of this Convention.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Noting that the Government’s report does not contain the information requested previously, the Committee refers to the comments it has made this year on the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), in which it invites the Government to request technical assistance from the Office for the preparation of reports and for a number of issues pertaining to the occupational safety and health Conventions. The Committee again invites the Government to provide detailed information replying to the questions in the Committee’s observation of 2005 on the application of this Convention.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that in its report the Government does not supply the information requested in the Committee’s previous comments and states that the Committee’s comments have been referred to the new authorities of the Directorate of Occupational Safety and Health so that they may provide the relevant responses. The Committee refers to the comments it has made this year on the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), in which it invites the Government to seek technical assistance from the Office for the preparation of reports and in relation to a number of issues pertaining to the occupational safety and health Conventions. The Committee again asks the Government to supply detailed information on the matters raised in the last observation (2006) on the application of this Convention.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that in its report the Government does not supply the information requested in the Committee’s previous comments and states that the Committee’s comments have been referred to the new authorities of the Directorate of Occupational Safety and Health so that they may provide the relevant responses. The Committee refers to the comments it has made this year on the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), in which it invites the Government to seek technical assistance from the Office for the preparation of reports and in relation to a number of issues pertaining to the occupational safety and health Conventions. The Committee again asks the Government to supply detailed information on the matters raised in the last observation (2006) on the application of this Convention.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s brief report which includes copies of three internal safety and health regulations of the enterprises Adelca, Mezclalista and Baker Hughes Incorporated, apparently adopted pursuant to Ministerial Resolution No. 219 of 2005, and other information from various sources. Further to the comments that it has made for several years, the Committee once again notes with regret that, despite asking the Government to reply in detail to the comments made, the Government’s report is a general summary and, in the absence of further explanation by the Government, the Committee is unable to assess the importance of the further information from various sources attached to the Government’s report. In some cases, it is pointed out that the information requested is not within the remit of the unit concerned. The Committee indicates that regardless of the internal distribution of competencies, coordination is necessary both to apply the occupational safety and health Conventions and to prepare the respective reports and that, regardless of the internal distribution of responsibilities, the responsibility for presenting the reports lies with the Government. As a result of the various issues mentioned, the information available does not allow the Committee to assess whether the national legislation and practice give effect to the obligations assumed under the Convention. However, the Committee notes that certain efforts are being made with regard to occupational safety and health in the country. For example, the Committee notes that the Occupational Safety and Health Unit has now become the Occupational Safety and Health Directorate and that the Committee’s comments have been sent to the new authorities for their respective comments. The Committee requests the Government to gather together the information requested in its previous comments and to reply in detail to the questions raised in 2009. The Committee asks the Government to consider the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to the questions raised in relation to the occupational safety and health Conventions.

Plan of Action (2010–16). The Committee takes this opportunity to inform the Government that in March 2010 the Governing Body adopted the Plan of Action 2010–16 to achieve widespread ratification and effective implementation of the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (document GB.307/10/2(Rev.)). The Committee draws the Government’s attention to the fact that, under this Plan, the Office is providing technical assistance to governments so that they can bring their legislation and practices into conformity with these key occupational safety and health Conventions in order to promote their ratification and effective implementation. Furthermore, the Committee recalls that the Office is available to provide assistance with the preparation of reports on ratified Conventions. The Committee requests the Government to provide information on any needs that may arise in this regard.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 11 and 12 of the Convention. Use of crocidolite and the spraying of asbestos. Article 17(1) and (2). Demolition of plants or structures containing friable asbestos insulation materials. Article 24(4). Efforts made to provide workers unable to pursue their work for medical reasons with other means of maintaining their income. The Committee notes that in its report the Government does not provide the information requested in the previous comments and indicates that the Committee’s comments have been referred to the new authorities of the Occupational Safety and Health Directorate so that they may provide the relevant responses. The Committee refers to the comments it has made this year on the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), in which it invites the Government to seek technical assistance from the Office for the preparation of reports and for a number of issues pertaining to the occupational safety and health Conventions. The Committee accordingly asks the Government to provide the information requested in the 2005 observation on the abovementioned Articles of the Convention.

Part V of the report form. Application in practice. Article 5. Labour inspection services. The Committee requests the Government to make every effort to provide information on the practical application of the Convention, including reports supplied by the labour inspection service or other bodies responsible for enforcement of the Convention and the relevant regulations, so that the Committee can assess more fully the manner in which the Convention is applied in practice. Please provide, for example, general information on the manner in which the Convention is applied, including in the construction sector, to the extent possible.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes the Andean Community Decision No. 584, the “Andean Occupational Safety and Health Instrument”, replacing Decision No. 547, and Resolution No. 957 issuing regulations for the Andean Occupational Safety and Health Instrument. The Committee observes that these instruments appear to pave the way for a ratification of the Occupational Safety and Health Convention, 1981 (No. 155) and its Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and draws the Governments attention to paragraphs 295 and 296 of its 2009 General Survey on Convention No. 155. The Committee asks the Government to provide information on any developments in this regard.

The Committee notes Ministerial Agreements Nos 219 and 220 of 2005, the first of which refers to a register of occupational safety and health professionals and the second to the adoption of internal safety and health regulations. The Committee requests the Government to provide copies of the internal safety and health regulations in the sectors covered by the Convention and to continue to provide information on all legislation relating to the Convention.

Article 4. Measures for the prevention and control of occupational hazards due to air pollution, noise and vibration; Article 5. Cooperation between employers and workers; and Article 11. Periodical medical examinations. For several years the Committee has been discussing with the Government on the safety and health status of workers in the telephone sector, with reference to observations from trade union organizations citing serious repercussions on the health of workers in this sector from prolonged exposure to risk factors and the extended working day, which was fixed at four and a half hours, to reduce the risk of exposure until 1999, when it was modified by collective agreement. The Government states that the technology has been changed and is now safer, so these problems no longer exist. In its last observation the Committee sought information on the repercussions on the sector of the extension of the working hours. The Committee notes that the Government has not provided this information. It points out to the Government that the examination of this issue was triggered by serious allegations from workers’ organizations regarding the telephone sector, referring among other things to deaths, ruptured cerebral aneurisms, pulmonary oedema, and loss of visual and hearing capacity. The Committee therefore needs detailed information about the present situation in the sector so that it can ascertain whether or not these issues have been resolved. The Committee invites the Government to consult with the employers and workers as provided in Article 5 of the Convention on the measures for prevention and protection referred to in Article 4, which apply in the telephone sector, and to provide information on such consultations as well as on measures taken or envisaged. The Committee also asks the Government to provide particulars of the medical examinations conducted for workers in the sector, indicating their frequency and providing information on their results.

Article 6, paragraph 2. Requirement for employers to cooperate in applying prescribed measures. The Committee notes that the Government merely refers to its previous report without answering the question raised by the Committee. It reminds the Government that under this Article, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures and that, in appropriate circumstances, the competent authorities shall prescribe general procedures for this collaboration. The Committee asks the Government to provide information on the manner in which it ensures compliance in law and in practice with the duty to collaborate laid down in this Article and, if necessary, to prescribe the procedures for such collaboration.

Article 8, paragraphs 1 and 3. Air pollution and vibration. For several years the Committee has been asking the Government provide information on the establishment, by the Inter-institutional Committee on Occupational Safety and Health, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards established for such substances by the American Conference of Governmental Industrial Hygienists. The Committee notes that according the Government, Ecuador has regulated maximum permissible limits of exposure only for asbestos and for all other cases, they apply international standards. The Committee requests the Government to indicate which international standards it applies, and submit a copy of the legal provisions providing for the application of these standards. Please also provide documentation on the criteria currently used to define the risks of exposure to air pollution and vibration in the workplace, and the exposure limits, as well as on the manner in which these criteria and limits are supplemented and revised in practice, together with relevant documentation.

Article 10. Exceeding exposure limits and protective equipment. The Committee once again notes that the Government has not sent the information requested. It invites the Government to indicate the methods prescribed for determining whether the limits specified in pursuance of Article 8 are exceeded and to specify the guidelines or instructions on the type of personal protective equipment to be provided to the workers exposed should these limits be exceeded.

Article 11. Medical examinations (pre-assignment and periodical). Please provide information on measures taken, in law and in practice, to regulate how these examinations are carried out and that periodicity.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee repeats its request to the Government for information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authorities.

Part IV of the report form. Application in practice. Please provide general information on the manner in which the Convention is applied, together with extracts from inspection reports with an indication of the number and nature of infringements detected in connection with the Convention, including in the telephone sector. Please also provide reports prepared pursuant to the Andean Occupational Safety and Health Instrument that may be relevant, to enable the Committee to ascertain more fully the extent to which the Convention is applied.

In general, the Committee notes that although it has asked the Government to reply in detail to its comments of 2006, the information sent by the Government is summary and general in nature. The Committee also notes that the type of reply sent by the Government does now allow it to resolve the application of the issues that it has been raising for several years. The Committee requests the Government to reply in detail to the present comments attaching copies of the legislative provisions, and to provide examples that illustrate the assertions it makes in its report. The Committee draws the Government’s attention to the fact that it may seek technical assistance from the Office should it deem this necessary.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report.

2. Article 2, paragraphs 3 and 4, and Article 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the study done by the Coordinator of the Occupational Safety and Health Unit, which in turn refers to the provisions of the Occupational Safety and Health Regulations, adopted by Decree No. 2393 of 13 November 1986. In its comments in 1995, the Committee noted that this text establishes liability and certain sanctions for failure to apply the prescriptions set forth in its provisions, but does not specify the persons on whom the obligation to ensure compliance with the provisions of Article 2 of the Convention shall rest. The Committee once again recalls that, in accordance with the provisions of the Convention, measures have to be taken to ensure that the categories of persons referred to in Article 4, namely vendors, persons letting out on hire or transferring machinery in any other manner and exhibitors and, where appropriate, their respective agents, and the manufacturer when she or he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, are explicitly covered by the provisions of the national legislation establishing the obligation to prohibit by national laws or regulations or to prevent by other equally effective measures, the sale and hire of machinery of which the dangerous parts, specified in paragraphs 3 and 4 of Article 2, are without appropriate guards. The Committee urges the Government to take the necessary measures in the near future to bring the national legislation into conformity with the above provisions of the Convention and requests it to provide information on the progress achieved in this respect.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report on the creation of a Centre for Technological Support to Industry (CATI). This is an Instituto Ecuatoriano de Norma-lización (INEN) programme that provides technological support to industry through specialized laboratories and specific testing for products, materials and metrology to enable enterprises to obtain quality certification for products and improve the quality of processes and products with a view to becoming more competitive. It also notes that the abovementioned Centre has drawn up a programme for the development of industrial quality certification and control laboratories.

2. Article 5 of the Convention. Occupational hygiene and technical measures to ensure effective protection of workers exposed to benzene. The Committee notes that, in 2005, the Ministry of Labour and Employment approved the Occupational Safety and Health Institutional Policy and the Safety and Health Management System of the Ministry of Labour by means of Ministerial Order
No. 000213 of 23 October 2002, which sets out the principles and objectives of the policy, as well as strategies and measures for the development of national law and practice to ensure effective implementation of its terms of reference. The Committee hopes that these strategies will be implemented in the very near future and requests the Government to provide information on progress in this matter.

3. The Committee notes that adoption of the draft regulations on the use of benzene has been delayed and that, as a consequence of this, the technical standards are now to be updated by the Inter-Institutional Committee and then sent to the tripartite National Labour Council so that it can acquaint itself with this vitally important matter and speed up adoption. The Committee hopes that the abovementioned draft regulations will be adopted in the near future and will give full effect to the provisions of the Convention, and especially:

–           Article 2, paragraph 1. Use of substitute products, where they are available, instead of benzene or products containing benzene;

–           Article 4, paragraphs 1 and 2. Prohibition of the use of benzene or products containing benzene in certain processes, at least as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work;

–           Article 5. Occupational hygiene and technical measures to ensure effective protection of workers exposed to benzene;

–           Article 6, paragraphs 1, 2 and 3. Measures to prevent the escape of benzene vapour into the air of places of employment; measures to ensure that the concentration of benzene in the air of places of employment does not exceed a ceiling which shall be fixed by the competent authority at a level not exceeding 25 parts per million, and the establishment of appropriate standards for measuring the concentration of benzene in the air;

–           Article 7, paragraphs 1 and 2. Work processes involving the use of benzene or of products containing benzene to be carried out, as far as possible, in an enclosed system or, where this is not practicable, places of work to be equipped with effective means to ensure the removal of benzene vapour;

–            Article 8, paragraphs 1 and 2. Adequate means of personal protection against the risk of absorbing benzene through the skin or of inhaling benzene vapour, where its concentration in the air of the place of employment exceeds the ceiling of 25 parts per million; and the obligation to limit exposure as far as possible;

–           Articles 9 and 10. Pre-employment medical examinations and periodical re‑examinations at no cost to the workers to be undergone by all workers who are employed in work processes involving exposure to benzene or to products containing benzene; medical examinations to include blood tests and biological tests carried out under the supervision or with the assistance, as appropriate, of a competent laboratory; appropriate certification;

–           Article 11, paragraphs 1 and 2. Prohibition on the employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene;

–           Article 12. Clearly visible danger symbols on any container holding benzene or products containing benzene;

–           Article 13. Appropriate measures to provide that any worker exposed to benzene or products containing benzene receives proper instructions on measures to safeguard health and prevent accidents, and on the appropriate action in the event of poisoning; and

–           Article 14. Procedures for the prevention of occupational risks and appropriate inspection.

4. Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied, including extracts of inspection reports and data on the number of workers covered by the Convention, if possible, disaggregated by gender and the number and nature of the infringements recorded.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report. It also notes the observations of 27 September 2004 by the Ecuadorian Confederation of Free Trade Unions (CEOSL) alleging that the company Rosas del Ecuador may have breached the provisions of the Convention, and the Government’s reply of 11 February 2005 informing the Office that Rosas del Ecuador no longer exists and that its labour obligations will be met by mutual agreement by the end of February 2005, as noted in memorandum No. 023-ITP-2005. The Committee infers from the foregoing that the CEOSL no longer has a cause of action in this matter. In view of the great importance of the objectives of the dialogue that has been conducted since the end of the 1980s, the Committee once again draws the Government’s attention to the following matters.

2. Article 1, paragraphs 1 and 3, of the Convention. Determination of the carcinogenic substances and agents to be prohibited or made subject to authorization. In its previous comments, the Committee noted the Government’s reference to the Regulations concerning the safety and health of workers and the improvement of the work environment, 1986, and noted that section 64 of the Regulations established that corrosive, irritating and toxic substances may not be used in the workplace beyond the level fixed by the Inter-Institutional Committee. The Committee observes that the Inter-Institutional Committee has not set such limits. The Committee hopes that the maximum permissible levels of exposure to carcinogenic substances or agents will be fixed by the Inter-Institutional Committee in order to ensure that the prohibitions and restrictions conform, and hence give full effect, to the provisions of the Convention.

3. Article 2, paragraph 2. Number of workers exposed to carcinogenic substances or agents and length of such exposure. In its previous comments, the Committee noted that no progress had been made in establishing the requisite list of enterprises for the purposes of checking the length of workers’ exposure to carcinogenic substances or agents. Consequently, the Committee hopes that the Government’s next report will contain information on progress made in this matter, and requests the Government to send a copy of the abovementioned list as soon as it is published. It invites the Government to use the standards established by the National Standardization Institute (INEN) and the International Standardization Organization (ISO) which may influence the duration, degree and number of workers exposed to carcinogenic substances or agents.

4. Article 5. Medical examinations after the period of employment. In its previous comments, the Committee noted that, according to the Government, the Inter-Institutional Occupational Safety and Health Committee was examining the possibility of adopting procedures to monitor the state of workers’ health after their employment. It notes that the Government refers to the Andean occupational safety and health instrument. In view of the fact that the Government’s report contains no information on the machinery established to monitor the state of health of workers after the period of employment, the Committee once again asks the Government to indicate the nature of the medical examinations carried out and the tests prescribed for workers exposed to carcinogenic substances during the period of their employment, stating their frequency, and after the period of employment.

5. Article 6(a). Legislative or other measures to give effect to the Convention. The Committee notes the provisions of the Andean instrument on occupational safety and health, cited by the Government in its report, which lays down obligations for employers to protect the safety and health of workers. It requests the Government to indicate the national provisions adopted in Ecuador for this purpose.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s reports. It also notes the observations of 27 September 2004 by the Ecuadorian Confederation of Free Trade Unions (CEOSL), alleging that the company Rosas del Ecuador may have breached the provisions of the Convention, and the Government’s reply of 11 February 2005 in which it informs the Office that Rosas del Ecuador no longer exists and that its labour obligations will be fulfilled by mutual agreement by the end of February 2005, as noted in memorandum
No. 023-ITP-2005. The Committee infers the CEOSL no longer has a cause of action in this matter.

2. The Committee notes with regret that the information supplied by the Government in the abovementioned reports is sparse and general in nature. In view of the lack of progress in this matter, the Committee urges the Government to take steps in the near future to make the necessary amendments to the legislation and to ensure that full effect is given to the Convention. The Committee accordingly reiterates its previous observation, which read as follows:

1. The Committee notes the Government’s reply to its previous comments based on the comments made by the Latin American Central of Workers (CLAT), the National Union of Workers of the Telephone, Annotation and Revision Services of the Ecuadorian Telecommunications Institute (IETEL) “17 May”, affiliated to the CLAT, and the Ecuadorian Confederation of United Class Organizations of Workers (CEDOC) concerning information on the application in practice of measures under Ministerial Agreement No. 136 of 23 February 1999 intended to afford protection to workers and supervisors in the telephone services against occupational hazards arising out of environmental noise and pollution such as those setting the normal working day at four and a half hours per day. It notes that the Government maintains that despite the Agreement of the Ministry of Labour and Human Resources No. 136 of 23 February 1999, which fixed the normal working day for telephone operators and supervisors at four and a half hours per day, during collective bargaining the workers obtained extensions to such limits of their own free will. The Committee would be grateful if the Government would provide copies of the said collective agreements voluntarily agreed to by the unions extending the normal working day beyond those set out in Agreement No. 136 of 1999. It would also be grateful if the Government would give its views as to the impact of such agreements on the safety and health of the workers of the sector, in view of the limits set by Agreement
No. 136 of 23 February 1999.

2. The Committee has requested, on several occasions, that the Government adopt the necessary measures to give effect to a certain number of Articles of the Convention. The Committee notes that the Government once again refers to sections of the Labour Code (sections 42, 416, 418, 441 and 443) that do not address the specific requirements of the said Articles of the Convention. The Committee wishes to indicate that as the provisions of the Convention are not, in principle, self-executing, upon ratification of the Convention, the Government is obliged to adopt all necessary legislative, regulatory and practical measures on the following provisions of the Convention.

Article 6, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the Government’s response that sections 416 and 418 establish the employer’s responsibility in respect of the prevention of risks, and that the committees that assess risks can determine the responsibilities in the event of joint work in order to avoid occupational accidents or diseases. Moreover, it is the responsibility of all employers, without exception, irrespective of the fact that there may or may not be more than one employer at a workplace, to meet the requirements of section 42 of the Labour Code, without prejudice to the responsibility of each employer. The Committee would like to point out, however, that there are no procedures prescribed for the requirements of this paragraph of Article 6 of the Convention that employers are required to collaborate whenever two or more of them undertake activities simultaneously at one workplace. It hopes the Government will soon take the necessary measures to ensure that such collaboration is required of employers whenever they are undertaking activities simultaneously at one workplace.

Article 8, paragraphs 1 and 3. Air pollution and vibration. The Committee notes from the Government’s report that there is no progress to report on the matters raised under these paragraphs of Article 8 of the Convention. It therefore reiterates its previous hope for the establishment, by the Inter-Institutional Committee on Occupational Safety and Health, and under section 63 of the Safety and Health Regulations, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. Please indicate the measures taken in this regard.

Article 10. The Committee notes that there is no progress made regarding its previous comments under this Article of the Convention. It must therefore reiterate its hope that the Government will shortly take the necessary measures to establish guidelines or instructions concerning the type of personal protective equipment
(e.g. double-layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc.) to be provided to workers exposed to vibration, based on section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986). Please indicate the measures taken in this regard.

Article 11, paragraph 1. Further to its previous comments, the Committee notes that this is met by integral inspections, and particularly those carried out by the Occupational Safety and Health Department, but that there has been no information available on the reports of these inspections. The Committee wishes to recall its previous comment where it had noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and excessive noise. It reiterates its request to the Government to indicate the measures taken to ensure that workers who may be assigned to work involving exposure to air pollution, noise or vibration are provided with medical examinations prior to their assignment to such work and to indicate the periodicity determined by the competent authority for the medical examinations to be provided to workers exposed to air pollution, noise or vibration. Please provide all indications in this regard.

Article 12. The Committee notes that there is no progress made on matters raised in its previous comments under this Article of the Convention. It must therefore reiterate its request to the Government to indicate the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authority.

[The Government is asked to reply in detail to the present comments in 2007.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s report and wishes to draw its attention to the points raised on many occasions in its previous comments.

2. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Measures taken in the light of the knowledge available. The Committee notes the Government’s indication that the Ecuadorian Commission on Atomic Energy (CEEA) has given an undertaking to the International Atomic Energy Agency (IAEA) to amend the Regulations on radiological safety (RSR) of 1979 during the course of the technical assistance cycle 2005-06 with a view to bringing the national regulations into conformity with international standards on the maximum permissible dose limits for the exposure of workers adopted by the International Commission on Radiological Protection (ICRP) in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources established under the auspices of the IAEA, ILO, WHO and three other international organizations. The Committee requests the Government to take the necessary measures rapidly with a view to bringing its legislation into conformity with these provisions of the Convention with due consideration being given to the general observation of 1992 and to provide a copy of the amended regulations as soon as they have been adopted.

3. Article 7. Workers under the age of 18 directly engaged in radiation work. The Committee notes that section 3 of the Regulations on radiological safety of 1979 defines radiation areas as areas where the radiation doses may be higher than 5 mrem per hour and that this definition will also be amended during the course of the technical assistance cycle 2005-06 so that young persons under the age of 18 cannot be assigned to work involving exposure to ionizing radiations. It also notes the information that the CEEA does not authorize work permits for young persons under the age of 18 to perform work involving ionizing radiations or in "radiation areas". The Committee once again requests the Government to take the necessary measures rapidly and to provide it with a copy of the amended regulations as soon as they have been adopted.

4. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information that workers who, for medical reasons, can no longer work under conditions involving exposure to ionizing radiations may be granted compensation following classification as being affected by an occupational disease by the Ecuadorian Social Security Institute (IESS). In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the foregoing, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

5. Exposure during emergency situations. The Committee notes that exposure during emergency situations is regulated by the Manual on normal procedures and in cases of emergency, which requires the information on radioactive sources in the country to be updated. It also notes that this manual is prepared for each individual user and that it is regularly updated to ensure that it is in conformity with the international recommendations determining the admissible dose levels in cases of emergency. The Committee requests the Government to provide a copy of one of these manuals.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1 The Committee notes the information provided in the Government’s report, and particularly the adoption of the Regulations on the use of asbestos under safe conditions, of 9 August 2000 (Accord No. 0100). It wishes to draw the Government’s attention to the following points.

2. Articles 11 and 12. Use of crocidolite and the pulverization of asbestos. The Committee also notes that points 5.1 and 5.2 above prohibit the use of crocidolite and the pulverization of all forms of asbestos and provide for possible derogations by the competent authority where there is no other alternative and on condition that the health of workers is not endangered. The Committee requests the Government to indicate the measures adopted in practice to ensure that the health of workers is not endangered.

3. Article 17, paragraphs 1 and 2. Demolition of plants containing friable asbestos materials. The Committee notes that the Regulations on the use of asbestos under safe conditions do not contain any specific provisions that the demolition of plants containing friable asbestos materials is to be undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work, nor on the work plan which has to be drawn up before starting such work. The Committee requests the Government to take the necessary measures to give effect to this Article of the Convention.

4. Article 21, paragraph 4. Efforts made to provide workers unable to pursue their work for medical reasons with other means of maintaining their income. The Committee notes the information that the Ecuadorian Social Security Institute (IESS) does not provide economic means to workers whose continued assignment to work involving exposure to asbestos is found to be medically inadvisable and the information that the Ministry of Labour, through the Department of Work Placement, is responsible for offers of alternative employment to allow workers to maintain a suitable income. With reference to the requirement in this Article for the Government to make every effort, consistent with national conditions and practice, to provide workers concerned with other means of maintaining their income, the Government is requested to provide details regarding the efforts made in practice to find alternative employment for workers unable to pursue their work for medical reasons, including details regarding the types of employment offered and received and the salaries they have received, as well as to provide information on all other measures taken or envisaged to give effect to this provision of the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s latest report and the information communicated in response to its previous comments. It draws the Government’s attention to the following points.

1. With reference to its previous comments, the Committee notes the Government’s indication that the National Division on Occupational Risks, through the Industrial Hygiene Laboratory, has investigated over ten years into possible problems related to exposure to benzene in industrial branches where benzene is used as a solvent, like in the shoe, the chemical synthesis, the petrol and fuel, and the painting industry. The results, including those of the Province of Pichincha where the majority of the country’s chemical synthesis industry is located, showed that other solvents than benzene were used. The Government adds that the Ecuadorian Institute of Standardization (INEN), a unit attached to the Ministry of Foreign Trade, Industrialization, and Fishing Competitiveness, executes the technical standardization, which comprises the verification whether technical standards are complied with and the technical assessment of enterprises and industries in order to maintain or establish quality standards. To this effect, the National Directorate on Development and Quality Certification, controls the production and quality of products, in general, in order to avoid the ingestion and the absorption of products produced with toxic components and chemicals detrimental to health. When using products such as paint, the quality standard ISO 9000 is to be met in order to get the quality label INEN, which represents a product guarantee valid on national and international level. With regard to the application of the Convention, the Committee observes that, while noting the Government’s indication that a first draft of the Regulations concerning the use of benzene, taking into account the technical criteria set forth in the Convention, would be submitted for consideration to the Interinstitutional Commission on Occupational Safety and Health, which is a unit of the Ministry of Labour and Human Resources. The Regulations on the health and safety of workers and the improvement of the working environment of 1986, is still the only legislation applicable. The Committee is therefore bound to recall its previous comments in which it had pointed out that the above Regulations applying generally to corrosive, irritant or toxic substances are not sufficient to give effect to the Convention, if they are not made explicitly applicable to benzene or products the benzene content of which exceeds 1 per cent by volume.

In this respect and in view of the fact that Ecuador has ratified this Convention already in 1975, the Committee would like the Government to take the necessary measures as soon as possible to give effect to the provisions of the Convention ratified and to indicate the actual status of the draft Regulations concerning the use of benzene within the legal procedure. It therefore hopes that the above draft Regulations will be adopted in the near future and that they will give effect particularly to the following Articles of the Convention: Article 2, paragraph 1 (the obligation to use harmless or less harmful substitute substances, whenever they are available); Article 4, paragraphs 1 and 2 (the prohibition of the use of benzene or products containing benzene in certain work processes, including, at least, the use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where they are other equally safe methods of work); Article 5 (occupational hygiene and technical measures to ensure effective protection of workers exposed to benzene); Article 6, paragraphs  1 and 3 (measures to ensure prevention of the escape of benzene vapour into the air of places of employment; directions on carrying out the measurement of the concentration of benzene in the air); Article 7, paragraphs 1 and 2 (work processes involving the use of benzene generally, shall be carried out, as far as practicable, in an enclosed system and, if not practicable, the workplace shall be equipped with effective means to ensure the removal of benzene vapour); Article 8, paragraphs 1 and 2 (personal protective equipment against the risk of absorbing benzene through the skin and against the risk of inhaling benzene vapour when the concentration of benzene in the air exceeds the level of 25 parts per million established under the Convention and the limitation of the duration of exposure in the latter instance); Articles 9 and 10 (measures to provide for free pre-employment and periodic medical examinations of workers employed in work processes involving exposure to benzene or products containing benzene; these medical examinations shall include the blood analysis and biological examinations carried out under the responsibility of a qualified physician with the help of a suitable laboratory as well as shall be certified under the adequate form); Article 11, paragraphs 1 and 2 (the prohibition of employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene); Article 12 (measures to ensure that containers containing benzene are clearly marked with danger symbols); and Article 13 (provision of appropriate instructions to workers on measures to safeguard health and prevent accidents, as well as of appropriate action to be taken in the event of poisoning).

2. In addition, the Committee requests the Government to communicate additional information on the following points:

Article 6, paragraph 2. The Committee notes the Government’s indication that, while the Ministry of Labour and Human Resources does not have at its disposal the necessary equipment and material to sample and assess the exposure limits, reference is made to the limit values established by the American Conference of Governmental and Industrial Hygienists (ACGIH) whenever the country has not established its own limits. Since, in Ecuador, no research of this type exists, i.e. research on work involving workers’ exposure to benzene, the Government refers to the general provisions contained in the Regulations on the health and safety of workers and the improvement of the working environment of 1986, for corrosive, irritant or toxic substances. The Committee, referring to its above comments, hopes that the draft Regulations concerning the use of benzene will contain, once they are adopted, a provision fixing an exposure limit value for the concentration of benzene in the air of the places of employment which corresponds to the limit value recommended by the ACGIH.

Article 14( c). The Committee notes that the General Directorate of Labour and its subdirectorates are authorized by law to fix rules determining preventive mechanisms against occupational risks for the different industries through technical collaboration with the Department on Occupational Safety and Health which is the advisory body to the inspectors carrying out inspection activities. However, the collaboration between the Ministry and its attached units has not been carried out due to the fact that a research on work involving workers’ exposure to benzene does not exist in the country. In spite of this, the Committee would refer to the problems the Government revealed in its report in relation to the application of Article 6, paragraph 2, of the Convention, i.e. that Ministry of Labour and Human Resources does not have at its disposal the necessary equipment and material to sample and assess the exposure limits. It accordingly requests the Government to indicate the manner in which inspection activities are carried out to ensure an adequate supervision of the provisions of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the information contained in the Government’s last report in response to its previous direct request. It draws the Government’s attention to the following points.

1. Article 1, paragraphs 1 and 3, and Article 6 of the Convention. Referring to its previous comments and with regard to the determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization and control, the Committee notes that the Government again refers to the regulations concerning the safety and health of workers and the improvement of the work environment, 1986. The Committee notes again section 64 of the above regulations stating that corrosive, irritating and toxic substances cannot be used in the workplace beyond the level fixed by the Inter-Institutional Committee. As to the measures taken for their application in practice the Government refers to the guide for the recognition of carcinogenic chemicals used in industry, published by the Ecuadorian Institute of Social Security (IESS), which, however, although it showed maximum levels of concentration for various chemical substances, did not seem to have a legally binding effect. The Committee therefore requests the Government to indicate the manner in which the maximum permissible levels of exposure to carcinogenic substances, fixed by the Inter-Institutional Committee, are enforced in order to ensure that the prohibitions and restrictions are complied with and that full effect is thus given to these provisions of the Convention.

2. Article 2, paragraph 2. The Committee notes the Government’s indication that there is as yet no progress in the development of the list of enterprises to be set up in order to control the duration of workers’ exposure to carcinogenic substances. The Committee accordingly hopes that the Government’s next report will contain information on the progress made in this regard and asks the Government to transmit a copy of the above list as soon as it has been issued. The Committee further notes the Government’s indication that the introduction of INEN and ISO standards are factors which contributed to the elimination of substances and processes affecting workers’ health. The Committee requests the Government to indicate whether the INEN and ISO standards also influence the duration, degree and number of workers exposed to carcinogenic substances.

3. Article 5. In its previous comments, the Committee had noted the Government’s indication that the Inter-Institutional Occupational Safety and Health Committee was examining the possibility of adopting procedures to monitor the state of health of workers after their employment. It notes the Government’s indication that, due to the Committee’s working methods, there is no new information in this respect, but that the Government will provide the relevant information as soon as it is available. The Committee accordingly hopes that the procedures to monitor the state of health of workers after their employment will be established soon so that the workers benefit from medical examinations or biological or other tests or investigations to supervise their state of health in relation to hazards linked to the exposure to carcinogenic substances or agents during the period of their employment. Furthermore, the Committee again requests the Government to indicate the nature of the medical examinations carried out and the tests prescribed for workers exposed to carcinogenic substances during the period of their employment and their frequency.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s last report as well as the information supplied by the Government in response to its previous comments. It would draw the Government’s attention to the following points.

1. Article 3, paragraph 1, Article 6, paragraph 1, and Article 16 of the Convention. The Committee notes the Government’s indication that the draft regulations on the use of asbestos in safe conditions is still before the Ministry of Labour, where it is being examined in depth together with the specialized organs like the tripartite Inter-Institutional Commission on Safety and Health, in order to ensure that the text of the regulation is in full conformity with the spirit of the respective international standards. The Committee hopes that the draft regulation on the use of asbestos in safe conditions will be adopted in the near future to ensure effective protection of workers exposed to asbestos in the course of their work. Besides, the Government refers to the provisions contained in the Safety and Health Recommendations for the Occupational Use of Asbestos of the Ecuadorian Institute of Social Security (IESS), revised in 1993, which provides for exposure limits and prohibitions (point 2) and technical prevention measures (point 6). In this respect, the Committee notes article 427 of the Labour Code, according to which all enterprises subject to the provisions on occupational safety have, inter alia, to comply with the provisions laid down by the IESS. Hence, the Committee understands that the above recommendations, issued by the IESS, have a legally binding effect. It nevertheless requests the Government to confirm their legal binding character.

2. Article 5, paragraph 1. The Committee notes the Government’s indication that the responsible department of the Ministry of Labour maintained its inspection activities within its possible limits, and that the number of inspections have not decreased. In addition, the National Department of Occupational Safety and Hygiene, together with the headquarters of Occupational and Socio-Medicine of the IESS, maintains inspections, registers and other data in order to effectively meet the requirements of this Convention and thus to protect the workers working in the area covered by the Convention. The Committee further notes the information contained in a communication of the IESS, annexed to the Government’s report, concerning inspections of small premises in the sector of the automobile industry. The Committee, taking due note of this information, requests the Government to explain more precisely the responsibilities of the above-indicated bodies and to indicate whether sufficient inspections are carried out in all enterprises where workers are exposed to asbestos in the course of their work to ensure effective enforcement of and compliance with the provisions of the Convention.

3. Article 9(a) and (b). The Committee notes the Government’s indication that the Safety and Health Recommendations for the Occupational Use of Asbestos of the IESS and the Regulations for the Safety and Health of Workers and the Improvement of the Working Environment, 1986, are currently the only regulations with regard to the requirements set forth by this Article of the Convention. The Government, however, considers that the adoption of the regulations on the use of asbestos in safe conditions will contain more suitable provisions to respond to the requirements laid down in this Article of the Convention. The Committee therefore hopes that the draft regulations on the use of asbestos in safe conditions will be adopted in the near future, prescribing both adequate engineering controls, i.e., control measures, including isolation, enclosure ventilation, and work practices, including workplace hygiene and special rules and procedures, including authorization, for the use of asbestos.

4. Article 10(b). The Committee notes again point 6.1 of the Safety and Health Recommendations for the Occupational Use of Asbestos, providing for the replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials whenever technically possible. The Government adds that asbestos in great quantity is only used in the fabrication of pipes and iron boards for roofs and that asbestos used for these purposes is enclosed so that the particles of asbestos cement cannot be inhaled or released. The Committee requests the Government to indicate whether there exists a provision prescribing the total or partial prohibition of the use of asbestos or products containing asbestos in certain work processes. If this is not the case, the Committee invites the Government to consider the introduction of such a provision into the draft regulation on the use of asbestos in safe conditions.

5. Article 17, paragraphs 1 and 2. As to the administrative measures to be taken regarding the demolition of plants or structures containing friable asbestos insulation materials, the Government refers to points 6.2-6.9 of the Recommendations for the Occupational Use of Asbestos. The Committee, however, states that points 6.2-6.9 of the Recommendations merely concern general technical preventive measures and do not specifically refer to demolition work. The Committee further notes the Government’s indication that the future regulation on the use of asbestos in safe conditions will contain appropriate provisions applicable to demolition work in accordance with the provisions laid down in Article 17 of the Convention. It therefore reiterates its hope that the above draft regulation will be adopted soon.

6. Article 21, paragraph 4. The Committee notes the Government’s indication that it is currently not possible to offer an economic support to affected workers, since the social security system of Ecuador still faces serious economic restrictions. The Committee, while hoping that the restrictions in the social security system will be overcome soon, draws the Government’s attention to the fact that Article 21, paragraph 4, of the Convention does not exclusively call for social security benefits to be offered to workers concerned, but also for the provision of suitable alternative employment opportunities for workers whose continued assignment to work involving exposure to asbestos is contra-indicated for medical reasons, which constitutes a general principle of occupational safety and health. The Committee accordingly invites the Government to take the appropriate measures in this regard.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s report in response to its previous comments. With reference to its previous comments, the Committee draws the Government’s attention to the need to adopt measures to give full effect to the following Articles of the Convention.

1. Article 1 of the Convention. The Committee notes the Government’s indication that tripartite consultations will be carried out, in accordance with the provisions of Convention No. 144, when new provisions concerning the application of the Convention are considered for adoption. The Committee therefore requests the Government to provide further information regarding any development in this respect.

2. Article 3, paragraph 1, and Article 6, paragraph 2. The Committee notes the Government’s indication that the Regulations on Radiological Safety of 8 August 1979 have not been modified yet. Nevertheless, according to the Ecuadorian Commission on Atomic Energy (CEEA), responsible for the elaboration of modifications to legislative texts concerning radiation protection in the light of the technical evolution, the recommendations issued periodically by the International Commission on Radiological Protection (ICRP) are applied in practice. The Committee requests the Government to indicate the manner in which it is ensured that the latest recommendations of the ICRP, and in particular the dose limits contained therein, are effectively enforced, since the dose limits for the exposure of the different categories of workers to ionizing radiation established under section 1 of the Regulations on Radiation Safety, 1979, do not reflect the dose limits recommended by the ICRP in 1990. In this respect, the Committee notes that the Government had already indicated in its report of 1996 that new regulations on radiation safety have been elaborated, together with the representatives of employers and workers. Recalling that Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, require the adoption of measures in the light of the current knowledge to give effect to the provisions of the Convention, the Committee hopes that the Government will adopt the above draft regulations to harmonize the national regulations concerning the maximum permissible dose limits for workers’ exposure with those adopted by the ICRP in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources developed under the auspices of the IAEA, ILO, WHO and three other international organizations.

3. Article 7. Further to its previous comments, the Committee refers again to the basic standards for radiation protection, issued by the CEEA, section 2.1.1(e), which prohibit categorically the employment of young persons under 18 years of age in work with radiation and in "radiation areas", in conformity with this Article of the Convention, whereas section 3 of the Regulations on Radiation Safety, 1979, prohibits the employment of young persons under 18 years of age in radiation areas, which are defined in the above Regulations as areas where the radiation doses might be higher than 5 m rem per hour. In view of the existing discrepancy, the Committee urges the Government to amend the Regulations on Radiation Safety, 1979, in order to ensure that young persons under 18 years of age indeed may not be engaged in work involving exposure to ionizing radiations.

4. Provision of alternative employment. With regard to measures to be taken to ensure the provision of alternative employment to workers who, for health reasons, are to discontinue their work involving ionizing radiations, the Committee notes the Government’s indication that there is still no system for offering alternative employment to the workers concerned. The Committee draws the Government’s attention to paragraph 32 of its 1992 general observation under the Convention underlining that the offer of suitable alternative employment opportunities to the workers concerned derives from the provision of Article 3, paragraph 1, of this Convention, according to which effective protection of workers must be ensured. In addition, the Committee again refers to the explanations provided under paragraphs 28-34 and 35(d) of its 1992 general observation under the Convention, as well as to the principles set out in paragraphs I.18 and V.27 of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. In the light of these indications, the Committee requests the Government to take the necessary measures to provide suitable alternative employment to workers who are, for health reasons, to discontinue radiation work, or to enable them to maintain their income otherwise through social security measures.

5. Exposure to emergency situations. The Committee notes that the Government refers to the Regulations on Radiation Safety, 1979, which focus on the rights of workers in the case of their overexposure following an accident. Referring again to the explanations provided under paragraphs 16-27 and 35(c) of the Committee’s 1992 general observation under the Convention, and to paragraphs V.27 and V.30 of the International Basic Safety Standards, the Committee requests the Government to supply additional information on the circumstances in which the exceptional exposure of workers may be authorized and the measures taken or envisaged to optimize the protection during accidents and emergency situations, in particular with regard to the design of protective features of the workplace and equipment, and the development of techniques whose use, during emergency interventions, would enable the exposure of persons to ionizing radiations to be avoided.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information sent by the Government in its reports. The Government states in its report that, in so far as all citizens are presumed to be acquainted with the content of laws and regulations, they are accordingly required to observe their provisions. The Committee points out, however, that according to the provisions of the Convention, measures must be taken to ensure that the categories of persons covered by the Convention in Article 4, namely vendors, persons letting out on hire or transferring machinery in any other manner, exhibitors and, where appropriate, their respective agents, as well as manufacturers when they sell machinery, let it out on hire, transfer it in any other manner or exhibit it, must be expressly mentioned in legal provisions establishing the prohibition by national laws or regulations or the prevention by other equally effective measures of the sale and hire of machinery of which the dangerous parts specified in paragraphs 3 and 4 of Article 2, are without appropriate guards.

Accordingly, the Committee hopes that the Government will take steps to bring the national laws and regulations into line with the provisions of the Convention. The Committee has already observed that the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, issued by Decree No. 2393 of 13 November 1986, provide for liability and sanctions for failure to apply the prescriptions set forth in the Decree, but do not specify, pursuant to Article 4 of the Convention, the persons on whom the obligation to ensure compliance with the provisions of Article 2 is to rest. The Committee accordingly asks the Government to state how the obligation to ensure compliance with Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, and their respective agents.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the Government’s reply to its previous comments based on the comments made by the Latin American Central of Workers (CLAT), the National Union of Workers of the Telephone, Annotation and Revision Services of the Ecuadorian Telecommunications Institute (IETEL) "17 May", affiliated to the CLAT, and the Ecuadorian Confederation of United Class Organizations of Workers (CEDOC) concerning information on the application in practice of measures under Ministerial Agreement No. 136 of 23 February 1999 intended to afford protection to workers and supervisors in the telephone services against occupational hazards arising out of environmental noise and pollution such as those setting the normal working day at four and a half hours per day. It notes that the Government maintains that despite the Agreement of the Ministry of Labour and Human Resources No. 136 of 23 February 1999, which fixed the normal working day for telephone operators and supervisors at four and a half hours per day, during collective bargaining the workers obtained extensions to such limits of their own free will. The Committee would be grateful if the Government would provide copies of the said collective agreements voluntarily agreed to by the unions extending the normal working day beyond those set out in Agreement No. 136 of 1999. It would also be grateful if the Government would give its views as to the impact of such agreements on the safety and health of the workers of the sector, in view of the limits set by Agreement No. 136 of 23 February 1999.

2. The Committee has requested, on several occasions, that the Government adopt the necessary measures to give effect to a certain number of Articles of the Convention. The Committee notes that the Government once again refers to sections of the Labour Code (sections 42, 416, 418, 441 and 443) that do not address the specific requirements of the said Articles of the Convention. The Committee wishes to indicate that as the provisions of the Convention are not, in principle, self-executing, upon ratification of the Convention, the Government is obliged to adopt all necessary legislative, regulatory and practical measures on the following provisions of the Convention.

Article 6, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the Government’s response that sections 416 and 418 establish the employer’s responsibility in respect of the prevention of risks, and that the committees that assess risks can determine the responsibilities in the event of joint work in order to avoid occupational accidents or diseases. Moreover, it is the responsibility of all employers, without exception, irrespective of the fact that there may or may not be more than one employer at a workplace, to meet the requirements of section 42 of the Labour Code, without prejudice to the responsibility of each employer. The Committee would like to point out, however, that there are no procedures prescribed for the requirements of this paragraph of Article 6 of the Convention that employers are required to collaborate whenever two or more of them undertake activities simultaneously at one workplace. It hopes the Government will soon take the necessary measures to ensure that such collaboration is required of employers whenever they are undertaking work simultaneously at one workplace.

Article 8, paragraphs 1 and 3. Air Pollution and Vibration. The Committee notes from the Government’s report that there is no progress to report on the matters raised under these paragraphs of Article 8 of the Convention. It therefore reiterates its previous hope for the establishment, by the Inter-Institutional Committee on Occupational Safety and Health, and under section 63 of the Safety and Health Regulations, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. Please indicate the measures taken in this regard.

Article 10. The Committee notes that there is no progress made regarding its previous comments under this Article of the Convention. It must therefore reiterate its hope that the Government will shortly take the necessary measures to establish guidelines or instructions concerning the type of personal protective equipment (e.g. double-layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc.) to be provided to workers exposed to vibration, based on section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986). Please indicate the measures taken in this regard.

Article 11, paragraph 1. Further to its previous comments, the Committee notes that this is met by integral inspections, and particularly those carried out by the Occupational Safety and Health Department, but that there has been no information available on the reports of these inspections. The Committee wishes to recall its previous comment where it had noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and excessive noise. It reiterates its request to the Government to indicate the measures taken to ensure that workers who may be assigned to work involving exposure to air pollution, noise or vibration are provided with medical examinations prior to their assignment to such work and to indicate the periodicity determined by the competent authority for the medical examinations to be provided to workers exposed to air pollution, noise or vibration. Please provide all indications in this regard.

Article 12. The Committee notes that there is no progress made on matters raised in its previous comments under this Article of the Convention. It must therefore reiterate its request to the Government to indicate the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authority.

[The Government is asked to reply in detail to the present comments in 2003.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has requested, on several occasions, that the Government adopt the necessary measures to give effect to a certain number of Articles of this Convention. The Committee notes with regret that the Government has not yet provided the requested information, and it must therefore reiterate its previous request. Moreover, the Committee recalls that when a member State ratifies a Convention, it is obliged to adopt all the necessary legislative, regulatory and practical measures to give effect to the provision of the Convention. Therefore, the Committee urges the Government to adopt the aforementioned measures and thus give effect to the Articles concerning which detailed information has been requested on repeated occasions.

Article 6, paragraph 2, of the Convention. The Committee notes the indication in the Government’s report that no cases have been registered where two or more employers undertake activities simultaneously at one workplace but that, if such cases were to arise, the Ecuadorian Social Security Institute (IESS) and the Ministry of Labour would establish the responsibilities with respect to each employer. The Committee would recall that the possibility of two or more employers undertaking activities simultaneously at the same workplace may occur in a variety of circumstances, for example construction sites. In such instances, there should be a duty for the employers to collaborate in order to better comply with prescribed safety and health measures, without prejudice to their individual responsibility for workers’ health and safety. The Government is, therefore, requested to indicate the manner in which it is ensured that employers collaborate with one another with respect to workers’ safety and health whenever they may undertake activities simultaneously at the same workplace.

Article 8, paragraphs 1 and 3. (a) Air pollution. In its previous comments, the Committee notes that, under section 63 of the Safety and Health Regulations, exposure limits for corrosive, irritating and toxic substances were to be established by the Inter-Institutional Committee on Occupational Safety and Health. In its latest report, the Government has indicated that the Inter Institutional Committee is presently drafting a proposal to adopt the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. The Government is requested to indicate, in its next report, the progress made in this regard.

(b) Vibration. The Committee notes the Government’s indication that the Inter-Institutional Committee is preparing standards with respect to vibrations. The Government is requested to indicate, in its next report, any criteria established for determining the hazards of exposure to vibration.

Article 10. In its previous comments, the Committee requested the Government to indicate whether any guidelines or instructions had been established concerning the type of personal protective equipment (e.g. double layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc.) to be provided to workers exposed to vibration. In its latest report, the Government has indicated that the Inter-Institutional Committee has proposed elaborating relevant standards for the protection of workers against hazards due to vibration. The Government is requested to indicate any progress made in this regard and to keep the Office informed of any guidelines or instructions established concerning the type of personal protective equipment to be provided to workers exposed to vibration by virtue of section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986).

Article 11, paragraph 1. In its previous comments, the Committee noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and to excessive noise. The Government is requested to indicate the measures taken to ensure that workers who may be assigned to work involving exposure to air pollution, noise or vibration are provided with medical examinations prior to their assignment to such work and to indicate the periodicity determined by the competent authority for the medical examinations to be provided to workers exposed to air pollution or to vibration.

Article 12. In its previous comments, the Committee notes that section 6(2) of the Safety and Health Regulations provided that a technical study of the safety and health issues relevant to a proposed process must be undertaken and that the engineering proposal must include the procedures necessary to counter the occupational risks involved. In its latest report, the Government has indicated that the feasibility studies include a detailed layout of the procedures to be taken to ensure industrial safety, as well as the machinery and equipment to be used. Furthermore, the Government proposes to establish a coordinating mechanism between the Occupational Safety and Health Department of the Ministry of Labour and the Ministry of Industry in order to ensure greater control over dangerous processes, substances and equipment. The Government is requested to indicate any measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authority.

[The Government is requested to report in detail in 2002.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. With reference to its previous comments, the Committee recalls that it noted the observations made by the Latin American Central of Workers (CLAT) regarding the extension of the working day for operators and supervisors of the national telephone service, in accordance with Ministerial Agreement No. 709 of 31 December 1993, which resulted in risks involving the reduction in hearing, loss of sight and irreversible damage to the central nervous system due to permanent exposure to noise and harmful gas emissions. On that occasion, the Committee also noted the measures taken by the Government, and particularly Ministerial Agreement No. 136 of 23 February 1999. The Committee requested the Government to continue supplying information on the application in practice of these measures intended to afford protection to workers and supervisors in the telephone services against occupational hazards arising out of environmental noise and pollution. The Committee regrets to note that the Government has not complied with this request and urges it to provide the requested information in its next report.

2. The Committee also notes the communication, dated 3 July 2000, from the National Union of Workers of the Telephone, Annotation and Revision Services of the Ecuadorian Telecommunications Institute (IETEL) "17 May", affiliated to the Latin American Central of Workers (CLAT) and the Ecuadorian Confederation of United Class Organizations of Workers (CEDOC), indicating that the telephone workers of the enterprises EMETEL-ECUADOR, EMETEL S.A., ANDINATEL S.A. and PACIFICTEL S.A. (formerly IETEL) are exposed to grave occupational hazards in the performance of their work. In this respect, the above trade union indicates that the workers can suffer the loss of their hearing capacity as a result of their permanent exposure to noise due to working for more than the statutory hours of work using headphones and audio-phones, as well as the loss of visual capacity due to their exposure to computer screens. It adds that, due to the excessive time spent exposed to the above factors, and particularly the inhalation by workers of the harmful gases given off by the maintenance batteries of the telephone system, certain workers have died of cerebral circulatory accidents and fluid in the lungs. The above trade union also indicates that ordinary working days should be applied to professional telephone operators and supervisors in Ecuador, as set out in section 4(a) of the Agreement of the Ministry of Labour and Human Resources No. 136 of 23 February 1999 (published in the Registro Oficial No. 152, of 19 March 1999).

3. In its comments, the Government states that communications enterprises use electronic equipment which prevent the operators being exposed to the occupational health problems referred to by the trade union. It indicates in this respect that the former audio-phones and manual connections are no longer used, as the processes are now computerized through optic fibre. As a consequence, the manual equipment which could emit toxic gases or produce vibrations or frequencies harmful to human beings are no longer used.

4. Leaving aside the Government’s comment to the effect that the trade union "17 May" of IETEL has no members, is not representative and has no connection with the ANDINATEL enterprise, in which the events commented upon by the worker’s organization allegedly take place, the Committee wishes to reiterate its request to the Government to provide information on the application in practice of measures, such as those setting the normal working day for telephone operators and supervisors at four and a half hours a day, as envisaged in Agreement No. 709, of 31 December 1993, and confirmed by Agreement No. 136, of 23 February 1999, to protect the abovementioned workers against occupational hazards due to noise and air pollution.

5. In view of the absence of information related to its previous comments, the Committee is once again addressing a request directly to the Government concerning the application of the Convention.

[The Government is asked to report in detail in 2002.]

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1.  Article 1 of the Convention.  The Committee noted in its earlier comments the lack of consultation of workers’ and employers’ representatives in the adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979. Referring also to its observation regarding the Convention, the Committee hopes that the Government will consult employers’ and workers’ representatives in the adoption of any new provisions issued to apply the Convention.

2.  Article 7.  In its previous comments, the Committee noted that section 2.1.1(e) of the Basic Standards for Radiation Protection, issued by the Ecuadorean Commission on Atomic Energy (CEEA) in 1986, provides that persons under 18 years of age shall be categorically prohibited from employment in work with radiation and in "radiation areas", in conformity with this Article of the Convention. Referring to Regulation 3 of the Regulations on Radiation Safety (No. 3640 of 1979), the Committee asked the Government to indicate the measures taken or envisaged to amend this regulation in order to make it clear in Regulation No. 3640 that persons under 18 years of age shall not be employed in any work involving exposure to ionizing radiation. The Committee hopes that the Government will take measures to this effect in the current revision of provisions on radiation protection.

3.  Provision of alternative employment.  The Committee notes the Government’s indications to the effect that there is no machinery for offering alternative employment to workers who are medically advised not to continue employment in which the work involves exposure to ionizing radiation. Referring to the explanation set out in paragraphs 28 to 34 and 35(d) of its 1992 general observation, and to the principles laid down in paragraphs 96 and 238 of the Basic International Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, the Committee requests the Government to supply information on the measures envisaged to ensure effective protection of workers having accumulated an effective dose beyond which they run an unacceptable risk and who may for this reason have to choose between sacrificing their health and losing their employment.

4.  Exposure in emergency situations.  Referring to the explanations in paragraphs 16 to 27 and 35(c) of its 1992 general observation and to paragraphs 233 and 236 of the 1994 Basic International Safety Standards, the Committee requests the Government to supply information on the measures taken or contemplated for such situations.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

The Committee notes the information supplied by the Government in its reports of October 1994 and 1996. It also notes the observations made by the Central Ecuatoriana de Organizaciones Clasistas (Ecuadorian Central of Class Organizations) to the effect that provisions on radiation protection should be updated in the light of new knowledge. The Committee notes in this respect the Government’s indications that new regulations on radiation safety have been prepared with employers’ and workers’ representatives. The Committee hopes that the Government will soon report the provisions which have been adopted and are applicable to all activities involving exposure of workers to ionizing radiations in the course of their work and in accordance with the dose limits mentioned in its general observation of 1992, in the light of current knowledge, such as that contained in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and the Basic Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, developed under the auspices of the IAEA, ILO and WHO, and three other international organizations, which are based on the ICRP Recommendations.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. Article 1, paragraphs 1 and 3, and Article 6 of the Convention. The Committee notes the information concerning the composition of the Inter-institutional Occupational Safety and Health Committee and the dissemination of the standards adopted by the above Committee. However, the Committee requests the Government to indicate the extent to which the standards concerning the maximum admissible exposure levels to carcinogenic substances are binding and the measures taken for their application in practice so that the prohibitions and restrictions are in conformity with the Convention and give full effect to it.

2. Article 2, paragraph 2. The Committee notes the Government's indication that the development of the list of enterprises is still pending. The Committee hopes that the Government's next report will indicate the progress achieved in this respect. It requests the Government to transmit a copy of the above list as soon as it has been adopted. Furthermore, while noting the Government's information on the number of workers exposed to carcinogenic substances, the Committee requests the Government to provide, in so far as possible, statistics on the number of workers protected, as requested in Part IV of the report form.

3. Article 5. The Committee notes the Government's indication that the Ecuadorian Social Security Institute (IESS) carries out regular medical examinations in enterprises which use carcinogenic substances. It notes with interest that the Inter-institutional Occupational Safety and Health Committee is examining the possibility of adopting procedures to monitor the state of health of workers after their employment. The Committee hopes that these procedures will be established in the near future so that the workers benefit from medical examinations or biological or other tests or investigations to supervise their state of health in relation to hazards linked to exposure to carcinogenic substances or agents during the period of their employment. Furthermore, the Committee requests the Government to indicate the nature of the examinations carried out and the tests prescribed for workers exposed to carcinogenic substances and their frequency during the period of their employment.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous direct request which read as follows:

Article 6, paragraph 2, of the Convention. The Committee notes the indication in the Government's report that no cases have been registered where two or more employers undertake activities simultaneously at one workplace but that, if such cases were to arise, the Ecuadorian Social Security Institute (IESS) and the Ministry of Labour would establish the responsibilities with respect to each employer. The Committee would recall that the possibility of two or more employers undertaking activities simultaneously at the same workplace may occur in a variety of circumstances, for example construction sites. In such instances, there should be a duty for the employers to collaborate in order to better comply with prescribed safety and health measures, without prejudice to their individual responsibility for workers' health and safety. The Government is, therefore, requested to indicate the manner in which it is ensured that employers collaborate with one another with respect to workers' safety and health whenever they may undertake activities simultaneously at the same workplace.

Article 8, paragraphs 1 and 3. (a) Air pollution. In its previous comments, the Committee notes that, under section 63 of the Safety and Health Regulations, exposure limits for corrosive, irritating and toxic substances were to be established by the Inter-Institutional Committee on Occupational Safety and Health. In its latest report, the Government has indicated that the Inter-Institutional Committee is presently elaborating a proposal to adopt the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. The Government is requested to indicate, in its next report, the progress made in this regard.

(b) Vibration. The Committee notes the Government's indication that the Inter-Institutional Committee is preparing standards with respect to vibrations. The Government is requested to indicate, in its next report, any criteria established for determining the hazards of exposure to vibration.

Article 10. In its previous comments, the Committee requested the Government to indicate whether any guidelines or instructions had been established concerning the type of personal protective equipment (e.g. double-layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc.) to be provided to workers exposed to vibration. In its latest report, the Government has indicated that the Inter-Institutional Committee has proposed elaborating relevant standards for the protection of workers against hazards due to vibration. The Government is requested to indicate any progress made in this regard and to keep the Office informed of any guidelines or instructions established concerning the type of personal protective equipment to be provided to workers exposed to vibration by virtue of section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986).

Article 11, paragraph 1. In its previous comments, the Committee noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and to excessive noise. The Government is requested to indicate the measures taken to ensure that workers who may be assigned to work involving exposure to air pollution, noise or vibration are provided with medical examinations prior to their assignment to such work and to indicate the periodicity determined by the competent authority for the medical examinations to be provided to workers exposed to air pollution or to vibration.

Article 12. In its previous comments, the Committee notes that section 6(2) of the Safety and Health Regulations provided that a technical study of the safety and health issues relevant to a proposed process must be undertaken and that the engineering proposal must include the procedures necessary to counter the occupational risks involved. In its latest report, the Government has indicated that the feasibility studies include a detailed layout of the procedures to be taken to ensure industrial safety, as well as the machinery and equipment to be used. Furthermore, the Government proposes to establish a coordinating mechanism between the Occupational Safety and Health Department of the Ministry of Labour and the Ministry of Industry in order to ensure greater control over dangerous processes, substances and equipment. The Government is requested to indicate any measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authority.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information provided by the Government in its report in reply to its previous comments based on the observations made by the Latin American Central of Workers (CLAT) regarding extension of the working day for operators and supervisors of the national telephone service according to the provisions of the Agreement of the Ministry of Labour and Human Resources No. 843 of 31 December 1990, which can result in a serious reduction in hearing, loss of sight and irreversible damage to the central nervous system due to permanent exposure to noise and harmful gas emissions.

The Committee recalls that it had requested the Government to supply information on the application of the measures set out in Ministerial Agreement No. 709, which rectified the provisions of Ministerial Agreement No. 843, indicating whether they guarantee protection of telephone operators and supervisors against occupational hazards due to noise and air pollution. The Committee notes with interest the adoption of Ministerial Agreement No. 136 of 23 February 1999, and in particular its section 4, which confirms the standards set in Ministerial Agreement No. 709 of 31 December 1993. The Committee would be grateful if the Government would supply information on the practical application of these measures intended to guarantee the protection of telephone operators and supervisors against occupational hazards due to noise and air pollution.

2. The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Article 1 of the Convention. The Committee noted in its earlier comments the lack of consultation of workers' and employers' representatives in the adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979. Referring also to its observation regarding the Convention, the Committee hopes that the Government will consult employers' and workers' representatives in the adoption of any new provisions issued to apply the Convention.

2. Article 7. In its previous comments, the Committee noted that section 2.1.1(e) of the Basic Standards for Radiation Protection, issued by the Ecuadorean Commission on Atomic Energy (CEEA) in 1986, provides that persons under 18 years of age shall be categorically prohibited from employment in work with radiation and in "radiation areas", in conformity with this Article of the Convention. Referring to Regulation 3 of the Regulations on Radiation Safety (No. 3640 of 1979), the Committee asked the Government to indicate the measures taken or envisaged to amend this regulation in order to make it clear in Regulation No. 3640 that persons under 18 years of age shall not be employed in any work involving exposure to ionizing radiation. The Committee hopes that the Government will take measures to this effect in the current revision of provisions on radiation protection.

3. Provision of alternative employment. The Committee notes the Government's indications to the effect that there is no machinery for offering alternative employment to workers who are medically advised not to continue employment in which the work involves exposure to ionizing radiation. Referring to the explanation set out in paragraphs 28 to 34 and 35(d) of its 1992 General Observation, and to the principles laid down in paragraphs 96 and 238 of the Basic International Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, the Committee requests the Government to supply information on the measures envisaged to ensure effective protection of workers having accumulated an effective dose beyond which they run an unacceptable risk and who may for this reason have to choose between sacrificing their health and losing their employment.

4. Exposure in emergency situations. Referring to the explanations in paragraphs 16 to 27 and 35(c) of its 1992 General Observation and to paragraphs 233 and 236 of the 1994 Basic International Safety Standards, the Committee requests the Government to supply information on the measures taken or contemplated for such situations.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided in the Government's report in reply to its previous comments. It requests the Government to supply further information, in its next report, on the points raised below.

Article 2 of the Convention. In its previous comments the Committee requested the Government to indicate the measures taken to define asbestos dust, airborne asbestos dust and exposure to asbestos in order to ensure a clear understanding of the meaning of the legislation. The Committee notes the Government's indication in its report that authorities use the technical definitions contained in specialized documentation. The Committee notes in this regard that the definitions used correspond to the definitions contained in this Article of the Convention. The Committee requests the Government to provide information on measures taken or envisaged to include such definitions in the national regulations.

Article 3, paragraph 1; Article 6, paragraph 1; and Article 16. The Committee notes the indication in the Government's report that the regulation on the use of asbestos in safe conditions is still pending before the Ministry of Labour. It requests the Government to provide information on the progress achieved in this regard.

Article 5, paragraph 1. In its previous comments, the Committee noted the Government's indication that not enough inspections have been carried out in small repair shops which rebuild automobile clutches. The Government indicates in its latest report that the labour inspectorate is seeking to expand its coverage and improve labour inspection service through intervention by the Department of Occupational Safety and Hygiene of the Ministry of Labour. The Committee requests the Government to indicate whether labour inspection has improved, particularly with respect to the repair shops noted above.

Article 7. The Committee requests the Government to keep it informed of any developments on the adoption of the draft regulations setting forth the specific responsibilities of workers with respect to asbestos, and to transmit a copy of the text once it is adopted.

Article 9(a) and (b). In its previous comments, the Committee noted the Government's indication that authorization and notification will be covered in the draft asbestos regulations. The Government indicates in its latest report that these asbestos regulations will set forth the most suitable measures for efficient control. The Committee requests the Government to provide information on any developments on the adoption of the asbestos regulations prescribing control measures, and to transmit a copy of the relevant text once it is adopted.

Article 10(b). The Committee notes the indication in the Government's report that the Asbestos Recommendation 6.1 provides for the replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials or products. The Committee requests the Government to indicate whether any measures have been taken to prohibit, totally or partially, the use of asbestos or products containing asbestos in certain work processes.

Article 11, paragraph 2. The Committee requests the Government to indicate in its future reports any derogations from the prohibition of the use of crocidolite which might have been granted.

Article 12, paragraph 2. The Committee requests the Government to indicate in its future reports any derogations from the prohibition of spraying asbestos which might have been granted.

Article 17, paragraphs 1 and 2. The Committee notes the indication in the Government's report that regulations will be issued prescribing rigorous control measures applicable to demolition work. The Committee requests the Government to indicate the progress achieved in this respect and to provide a copy of the relevant text once it is adopted.

Article 21, paragraph 4. The Committee notes the indication in the Government's report that currently, it is not possible to offer affected workers other means of income, although social security benefits are available for those cases of serious financial need. The Committee requests the Government to indicate whether any additional efforts have been made to ensure other means of income to all workers exposed to asbestos for whom continued exposure is medically inadvisable.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its reports of October 1994 and 1996. It also notes the observations made by the Central Ecuatoriana de Organizaciones Clasistas (Ecuadorian Central of Class Organizations) to the effect that provisions on radiation protection should be updated in the light of new knowledge. The Committee notes in this respect the Government's indications that new regulations on radiation safety have been prepared with employers' and workers' representatives. The Committee hopes that the Government will soon report the provisions which have been adopted and are applicable to all activities involving exposure of workers to ionizing radiations in the course of their work and in accordance with the dose limits mentioned in its general observation of 1992, in the light of current knowledge, such as that contained in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and the Basic Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, developed under the auspices of the IAEA, ILO and WHO, and three other international organizations, which are based on the ICRP Recommendations.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 4 of the Convention. The Committee notes the information provided by the Government in its report.

The Committee notes in particular the functions of the various institutions that compose the machinery to apply, execute and supervise compliance with the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, adopted by Decree No. 2393 of 13 November 1986. This text determines responsibility and some sanctions imposed for non-compliance with its provisions, but does not determine the persons covered by Article 4 of the Convention on whom the obligation rests to apply the provisions of Article 2 of the Convention. The Committee once again requests the Government to indicate the manner in which the obligation to ensure compliance with the provisions of Article 2 is imposed on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, or their respective agents.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the comments submitted by the Latin American Central of Workers (CLAT) and the Government's reply.

According to the comments of the above-mentioned organization, the provisions of the Agreement of the Ministry of Labour and Human Resources No. 843 of 31 December 1990 do not comply with the provisions of Article 4 of the Convention and violate the terms of the resolution of the Constitutional Guarantees Tribunal published in the Official Register No. 118 of 29 January 1993. The aforementioned Agreement provides an extension of the working day for operators and supervisors of the national telephone service which can result in a serious reduction in hearing, loss of sight and irreversible damage to the central nervous system due to permanent exposure to noise and harmful gas emissions.

The Committee notes the resolution of the Constitutional Guarantees Tribunal on the appeal for unconstitutionality of Ministerial Agreement No. 843 brought by the National Union of Telephone Operators, Observation and Inspection of the Ecuadorian Telecommunications Institute "17 May" according to which the effects of section 1, part 14 of the Agreement were totally suspended.

In its comments, the Government indicates that it has proceeded to rectify the provisions of the instruments concerning the working day of telephone operators, including Agreement No. 843. The Committee notes section 3 of the Agreement of the Ministry of Labour and Human Resources No. 709 of 31 December 1993 which fixes the ordinary working day of telephone operators and supervisors at four and a half hours. Furthermore, under section 5 of this Agreement, a working day established previously with fewer hours than laid down in section 3 must be maintained without any modification.

The Committee requests the Government to supply information on the application of the measures set out in Ministerial Agreement No. 709 indicating whether they guarantee protection of telephone operators and supervisors against occupational hazards due to noise and air pollution.

2. With respect to various other provisions of this Convention, the Committee refers to the comments it made in a direct request sent to the Government in 1994.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its latest report and requests the Government to provide further clarification on the following points:

Article 6, paragraph 2 of the Convention. The Committee notes the indication in the Government's report that no cases have been registered where two or more employers undertake activities simultaneously at one workplace, but that if such cases were to arise, the Ecuadorian Social Security Institute (IESS) and the Ministry of Labour would establish the responsibilities with respect to each employer. The Committee would recall that the possibility of two or more employers undertaking activities simultaneously at the same workplace, may occur in a variety of circumstances, for example, construction sites. In such instances, there should be a duty for the employers to collaborate in order to better comply with prescribed safety and health measures, without prejudice to their individual responsibility for workers' health and safety. The Government is, therefore, requested to indicate the manner in which it is ensured that employers collaborate with one another with respect to workers' safety and health whenever they may undertake activities simultaneously at the same workplace.

Article 8, paragraphs 1 and 3. (a) Air pollution. In its previous comments, the Committee noted that, under section 63 of the Safety and Health Regulations, exposure limits for corrosive, irritating and toxic substances were to be established by the Inter-Institutional Committee on Occupational Safety and Health. In its latest report, the Government has indicated that the Inter-Institutional Committee is presently elaborating a proposal to adopt the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. The Government is requested to indicate, in its next report, the progress made in this regard.

(b) Vibration. The Committee notes the Government's indication that the Inter-Institutional Committee is preparing standards with respect to vibrations. The Government is requested to indicate, in its next report, any criteria established for determining the hazards of exposure to vibration.

Article 10. In its previous comments, the Committee requested the Government to indicate whether any guidelines or instructions had been established concerning the type of personal protective equipment (e.g. double-layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc.) to be provided to workers exposed to vibration. In its latest report, the Government has indicated that the Inter-Institutional Committee has proposed elaborating relevant standards for the protection of workers against hazards due to vibration. The Government is requested to indicate any progress made in this regard and to keep the Office informed of any guidelines or instructions established concerning the type of personal protective equipment to be provided to workers exposed to vibration by virtue of section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986).

Article 11, paragraph 1. In its previous comments, the Committee noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and to excessive noise. The Government is requested to indicate the measures taken to ensure that workers who may be assigned to work involving exposure to air pollution, noise or vibration are provided with medical examinations prior to their assignment to such work and to indicate the periodicity determined by the competent authority for the medical examinations to be provided to workers exposed to air pollution or to vibration.

Article 12. In its previous comments, the Committee noted that section 6(2) of the Safety and Health Regulations provided that a technical study of the safety and health issues relevant to a proposed process must be undertaken and that the engineering proposal must include the procedures necessary to counter the occupational risks involved. In its latest report, the Government has indicated that the feasibility studies include a detailed layout of the procedures to be taken to ensure industrial safety, as well as the machinery and equipment to be used. Furthermore, the Government proposes to establish a coordinating mechanism between the Occupational Safety and Health Department of the Ministry of Labour and the Ministry of Industry in order to ensure greater control over dangerous processes, substances and equipment. The Government is requested to indicate any measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authority.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's first report and requests the Government to provide further information on the following points:

Article 2 of the Convention. The Committee notes that the Occupational Health Recommendations for the Occupational Use of Asbestos issued by the Ecuadorian Institute for Social Security (IESS) on 28 June 1990 and amended on 5 February 1991 define the terms "asbestos", "respirable asbestos fibres", "workers" and "workers' representatives" in accordance with this provision of the Convention. The Government is requested to indicate the measures taken to define asbestos dust, airborne asbestos dust and exposure to asbestos in order to ensure a clear understanding of the meaning of the legislation.

Article 3, paragraph 1, Article 6, paragraph 1 and Article 16. The Committee notes with interest the Occupational Health Recommendations for the Occupational Use of Abestos issued by the ESS on 28 June 1990 and amended on 5 February 1991. It further notes that section 427 of the Labour Code provides that establishments covered by the occupational risks scheme shall observe the provisions and standards issued by the IESS. The Government is requested to indicate whether the Asbestos Recommendations are legally binding on all enterprises where activities involving the use of asbestos take place. The Government's report also indicates that a regulation on the use of asbestos in safe conditions is being elaborated by the Ministry of Labour and Human Resources. The Government is requested to keep the Office informed of the progress made in this regard.

Article 5, paragraph 1. The Committee notes the indication in the Government's report that not enough inspections have been carried out in small repair shops which rebuild automobile clutches. The Government is requested to indicate the measures taken to improve inspection with respect to these repair shops and to clarify whether the inspections carried out by the Inspectorate by virtue of sections 531, et seq., of the Labour Code rely upon the IESS Asbestos Recommendations as concerns the measures to be taken.

Article 5, paragraph 2. The Committee notes from the Government's report that the IESS imposes a penalty in the form of a surcharge to the premium for occupational risks coverage when its standards are not observed. It further notes that sanctions may be imposed for violations of the Labour Code and its regulations by virtue of sections 431 and 605. The Government is requested to indicate whether sanctions may be imposed by the inspectorate for contraventions of the IESS Asbestos Recommendation.

Article 6, paragraph 2. The Committee notes the indication in the Government's report that, whenever two or more employers undertake activities simultaneously at the same workplace, they are each independently responsible. It requests the Government to indicate the measures taken to ensure that two or more employers undertaking activities simultaneously at the same workplace cooperate in order to comply with the prescribed measures.

Article 7. The Committee notes that workers have general responsibilities concerning the use of personal protective equipment and the maintenance of appropriate hygiene under section 13 of the Regulations for the Safety and Health of Workers and the Improvement of the Working Environment of 17 November 1986. It further notes from the Government's report that specific worker responsibilities with respect to asbestos are to be set forth in the regulations on asbestos which are in the process of being drafted. The Government is requested to keep the Office informed of any progress made in this regard.

Article 9(a) and (b). The Committee notes that the Asbestos Regulations provide that enterprises using asbestos must register with the National Division of Occupational Risks of the IESS. It further notes the indication in the Government's report that authorization and notification will be covered in the asbestos regulations presently being drafted. The Government is requested to keep the Office informed of the progress made in this regard.

Article 10(b). The Committee notes that the use of crocidolite and the spraying of asbestos is prohibited by the Asbestos Recommendations 2.3 and 2.4. The Government is requested to indicate whether any steps have been taken to prohibit the use of asbestos or products containing asbestos in any specific types of work processes.

Article 11, paragraph 2. The Committee notes that the Asbestos Recommendation 2.3, which prohibits the use of crocidolite, refers specifically to this Article of the Convention and provides that any derogations must be made in accordance with this provision. It further notes the indication in the Government's report that it has as yet not received any requests for derogations in this regard. The Government is requested to keep the Office informed of the particulars of any derogations from the prohibition of the use of crocidolite which might be granted in the future.

Article 12, paragraph 2. The Committee notes that Asbestos Recommendation 2.4 specifically provides that any derogations to the spraying of asbestos must be made in accordance with this Article of the Convention. It further notes from the Government's report that, as yet, no requests have been made in this regard. The Government is requested to keep the Office informed of any derogations from the prohibition of spraying asbestos which might be granted in the future.

Article 15, paragraph 3. The Committee notes that Asbestos Recommendation 2.2 sets forth exposure limits to be maintained by the employer and Recommendation 6 sets forth a variety of measures to be taken in the workplace to limit the exposure. The Government is requested to indicate the measures taken, either in the draft asbestos regulations or otherwise, to ensure that all appropriate measures are taken by the employer to reduce exposure to asbestos to as low a level as is reasonably practicable.

Article 17, paragraphs 1 and 2. The Committee notes that Asbestos Recommendation 6.8 requires that permission from the competent authority be requested for, among others, demolition work. The Government is requested to indicate the manner in which it is ensured that such work may only be undertaken by persons considered by the competent authority to be qualified and that work plans are drawn up by the employer or contractor in accordance with paragraph 2 of this Article.

Article 19, paragraph 1. The Committee notes that Asbestos Recommendation No. 10 calls for measures to ensure the protection of workers involved in the transport and storage of asbestos. The Government is requested to indicate the measures taken to ensure that employers dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned or to the population in the vicinity.

Article 20, paragraph 4. The Government is requested to indicate the measures taken to ensure that workers have the right to request monitoring of the environment and to appeal to the competent authority concerning the results of the monitoring.

Article 21, paragraph 2. The Government is requested to indicate the manner in which it is ensured that the monitoring of workers' health in connection with the use of asbestos is free of cost to workers and occurs during working hours as far as possible.

Article 21, paragraph 3. The Committee notes that Asbestos Recommendation 14.1 provides that the results of the monitoring of workers' health shall be made available to them. The Government is requested to indicate the manner in which advice concerning a worker's health in relation to work is furnished to him or her.

Article 21, paragraph 4. The Committee notes that Asbestos Recommendation 5.4 provides that the health service of the enterprise must take into account contraindications when determining the rotation of posts. The Government is requested to indicate the efforts made to provide workers concerned with other means of maintaining their income in the event that continued assignment of work involving exposure to asbestos is medically inadvisable.

Article 22, paragraph 1. The Committee notes that Asbestos Recommendation No. 13.1 provides for an education programme concerning asbestos to be elaborated between the employer and the competent authority which includes education and periodic training of workers on asbestos hazards, measures for prevention and control, dates and types of educational events. The Government is requested to indicate the manner in which consultation and collaboration with the most representative workers concerned is ensured with respect to the above-mentioned programmes.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

The Committee has taken note of the information supplied by the Government in its report and of the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, adopted by Decree No. 2393 of 13 November 1986.

Article 4 of the Convention. With regard to its previous comments, the Committee asks the Government to indicate in its next report the manner in which the obligation to ensure compliance with the provisions of Article 2 of the Convention is imposed on the various categories of persons referred to in this Article.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

I. The Committee notes the information contained in the Government's report in reply to its previous direct request as well as the adoption of a series of safety guidelines concerning exposure to radiation. The Government is requested to provide further information on the following points:

1. Article 1 of the Convention. The Committee notes the Government's statement in its report that, while workers' and employers' representatives were not consulted in the drafting and adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979, consultation could be considered to be held by the mere fact that these Decrees were based on the provisions of the Convention which was drafted and adopted on a tripartite basis at the highest level of international representation. The Committee would recall, however, that this Article of the Convention specifically provides that, in applying the provisions of the Convention, the competent authority shall consult with representatives of employers and of workers. The Committee notes from the Government's report that the safety guidelines elaborated by the Ecuadorian Commission of Atomic Energy are presently being revised. As several of these guidelines concern the direct application of the provisions of the Convention, the Government is requested to indicate the manner in which representatives of employers and workers are consulted in their elaboration.

2. Article 7, paragraphs 1(b) and 2. In its previous comments, the Committee had noted that Regulation 3 of the Regulations on Radiation Safety (No. 3640 of 1979) prohibited the work of persons under 18 years of age in "radiation areas" where the exposure level of radiation doses might be greater than 5 m rem/hr. The Committee noted that this Regulation would not be sufficient for the application of this Article of the Convention as it would appear to permit persons under the age of 18 to be employed in work involving exposure to ionising radiation which could be over 5 rems per year, even if the level of exposure involved would not exceed 5 m rem/hr. It recalled that paragraph 1(b) of Article 7 called for maximum doses of exposure to ionising radiations to be fixed for persons under 18 years in the light of current knowledge (eg., three-tenths of the maximum permissible doses for adults) and that paragraph 2 called for the prohibition of employment of young persons under 16 years of age in all work involving exposure to ionising radiations. According to the definition in the Regulations, however, the non-radiation areas could have levels of radiation as high as 5 rems (50 mSv) per year which is equivalent to the maximum permissible dose for adults under the national regulations.

The Committee notes with interest that section 2.1.1.e. of the Basic Standards for Radiation Protection, issued by the Ecuadorian Commission on Atomic Energy (CEEA) in 1986, provides that persons under 18 years of age shall be categorically prohibited from employment in work with radiation and in "radiation areas", in conformity with Article 7 of the Convention. The Government is requested to indicate the measures taken or envisaged to amend Regulation 3 of the Regulations on Radiation Safety in the same manner in order to clarify that persons under 18 years of age shall not be employed in any work involving exposure to ionising radiation.

3. The Committee notes that, under Regulations 117 and 122 and section 2.1.3 of the Basic Standards for Radiation Protection, every person who is accidentally exposed to an excessive dose of radiation has the right to special payments until his or her recuperation and that, if the employer can no longer use the worker's services because of this excessive exposure, the contract will be terminated and special indemnities will be granted, as long as the worker can prove that the excessive exposure was the employer's fault for not maintaining adequate conditions. The Government is referred to paragraphs 28 to 34 of the Committee's General Observation under this Convention and requested to indicate whether any measures have been taken or are envisaged to ensure that alternative employment is provided for workers for whom it is medically inadvisable to continue employment in work involving exposure to ionising radiations.

II. The Committee would call the Government's attention more generally to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes the information provided in the Government's latest report. It notes the Government's indication that a survey is currently being undertaken to determine the industries which use benzene for making products generally, in order to be able to efficiently monitor the situation and to determine the percentage of benzene used to make each article. It further notes with interest that the Minister of Labour is trying to elaborate regulations concerning the use of benzene exclusively, but that the list of industries making products containing benzene and using benzene is necessary for the drafting of these regulations. The Committee hopes that regulations specifically concerning the use of benzene will be adopted in the near future and that they will give effect to the following Articles of the Convention: Article 2, paragraph 1 (the substitution of harmless or less harmful substances whenever available for benzene and products containing benzene); Article 4, paragraphs 1 and 2 (the prohibition of the use of benzene and products containing benzene in certain work processes, including, at least, the use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work); Article 5 (occupational hygiene and technical measures to ensure effective protection of workers exposed to benzene); Article 6, paragraphs 1 and 3 (measures to ensure prevention of the escape of benzene vapour into the air of places of employment; directions on carrying out the measurement of the concentration of benzene in the air); Article 7, paragraphs 1 and 2 (work processes involving the use of benzene generally, shall be carried out, as far as practicable, in an enclosed system and, if not practicable, the workplace shall be equipped with effective means to ensure the removal of benzene vapour); Article 8, paragraphs 1 and 2 (personal protective equipment against the risk of absorbing benzene through the skin and against the risk of inhaling benzene vapour when the concentration of benzene in the air exceeds the maximum level of 25 parts per million and the limitation of the duration of exposure in the latter instance); Articles 9 and 10 (pre-employment and periodic medical examinations, involving no expense to the worker, for all workers employed in work processes involving exposure to benzene or products containing benzene; these examinations shall include blood tests and biological tests, shall be carried out under the responsibility of a qualified physician, with the assistance, where appropriate, of a competent laboratory, and shall be certified in an appropriate manner); Article 11, paragraphs 1 and 2 (the prohibition of employment of pregnant women, nursing mothers and young persons under 18 years of age in work processes involving exposure to benzene or products containing benzene); Article 12 (the appropriate marking of containers holding benzene or products containing benzene); and Article 13 (workers shall be provided with appropriate instructions on measures to safeguard health and prevent accidents, as well as appropriate action to be taken in the event of poisoning).

2. Furthermore, the Government is requested to provide additional information, in its next report, on the following points:

Article 6, paragraph 2. The Committee notes the Government's indication that the Inter-Institutional Committee on Occupational Health and Safety has decided to use the threshold limit values established by the American Conference of Governmental and Industrial Hygienists (ACGIH) whenever such limits have not already been specifically established in the country. The Government is requested to indicate the measures taken to ensure that the limit set by the ACGIH (32 mg/m3 in the process of review for reduction) for concentrations of benzene in the air of places of employment is not exceeded, for example, by fixing this limit in the specific legislation envisaged.

Article 14(c). The Committee notes the Government's indication concerning the application of Article 6, paragraph 3, of the Convention that the Ministry of Labour does not presently have the equipment necessary to measure the concentration of benzene in the air of places of employment. In order to be able to supervise adequately the application of the provisions of the Convention, the inspection services called for under Article 14(c) of the Convention will need to have at their disposal certain equipment, in particular, for the measurement of the concentration of benzene in the air. The Government is requested to indicate the measures taken or envisaged to ensure that appropriate inspection is carried out in this regard.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 1, paragraphs 1 and 3, and Article 6 of the Convention. In its previous comments, the Committee had noted that the Guide for recognition of carcinogenic chemicals used in industry, published by the Ecuadorian Institute of Social Security (IESS), did not appear to have a legally binding effect on employers. The Committee notes with interest from the information provided in the Government's latest report that the maximum permissible levels of exposure to carcinogenic substances are fixed by the Inter-Institutional Committee on Occupational Safety and Health and correspond to those established by the American Conference of Governmental Industrial Hygienists. The Government is requested to indicate the manner in which these maximum permissible exposure limits are communicated to the workers and employers concerned and the manner in which these limits are enforced in order to ensure that the prohibitions or restrictions are complied with and that full effect is thus given to the Convention.

Article 2, paragraph 2. The Committee notes with interest the Government's indication that an enterprise directive is presently being put together and that the issue of the duration of worker exposure to carcinogenic substances is being studied. The Government is requested to indicate any progress made in this regard and to transmit a copy of the directive once it has been finalised. The Government is also requested to indicate the measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances.

Article 5. 1. In its previous comments, the Committee has noted that the Regulations concerning the Safety and Health of Workers and the Improvement of the Working Environment provided for periodic medical examinations for persons working in dangerous activities. The Government is once again requested to provide particulars on the types of examinations and tests provided and the frequency with which workers exposed to carcinogenic substances are examined.

2. The Committee would recall that this Article of the Convention also calls for medical examinations or tests after employment, as necessary, to evaluate worker exposure and to supervise their state of health in relation to occupational hazards. The need for health supervision after employment arises from the fact that the effects of exposure to carcinogenic substances often manifest themselves long after the exposure. The Government is requested to indicate the measures taken or envisaged to ensure that workers exposed to carcinogenic substances are provided with medical examinations or tests as necessary.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes with interest the adoption of the Regulations concerning the safety and health of workers and the improvement of the working environment (Executive Decree No. 2393 of 13 November 1986). It notes that section 2 of these Regulations provide for the creation of a tripartite Inter-Institutional Committee on Occupational Safety and Health which is empowered to amend the present regulations, set standards necessary for their implementation and draw up special regulations concerning risk prevention for certain dangerous activities. The Government is requested to provide full particulars in its next report on the functioning and activities of the Inter-Institutional Committee on Occupational Safety and Health.

2. The Government is requested to provide further clarification on the following points:

Article 6, paragraph 2, of the Convention. The Government is requested to indicate the measures taken to ensure that, when two or more employers undertake activities simultaneously at one workplace, they collaborate in order to comply with the prescribed measures for the application of this Convention.

Article 8, paragraph 1. The Committee notes that section 63 of the Safety and Health Regulations provides that exposure limits be set for corrosive, irritating and toxic substances by the Inter-Institutional Committee on Occupational Safety and Health. The Government is requested to indicate the criteria established for determining the hazards of exposure to these substances and/or any exposure limits set by this Committee. Furthermore, the Government is requested to indicate whether criteria for determining the hazards of exposure to vibration have been established and to supply copies of the tables limiting the periods of exposure to noise beyond 85dB, referred to in section 55.7.

Article 8, paragraph 3

(a) The Committee notes that, by virtue of section 5.6 of the Safety and Health Regulations, the Ecuadorian Social Security Institute (IESS) is responsible for keeping up-to-date with technical information available from the relevant national and international organisations. By virtue of section 2(3)(c), the IESS is represented on the Inter-Institutional Committee concerning Occupational Safety and Health. As the Inter-Institutional Committee's powers include suggesting to the executive possible amendments to the existing regulations and setting the standards necessary for their implementation (section 2(2)(b)), the Government is requested to indicate the manner in which current national and international knowledge is taken into account when the criteria for determining the hazards of exposure to air pollution, noise and vibration, and the exposure limits for such exposure, are established, supplemented and regularly revised. The Government is also requested to indicate the manner in which any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace is taken into account in the setting and revision of these criteria and exposure limits.

(b) The Committee has noted above that under section 55.7 of the Safety and Health Regulations the undertaking shall provide personal protective equipment to workers exposed to noise beyond the maximum permissible limit of 85dB or shall ensure that the duration of the activity involving exposure to excessive levels of noise shall be in accordance with established timetables. The Committee looks forward to receiving copies of these tables as requested under Article 8, paragraph 1 and trusts that they will complement the practical directive published by the ILO entitled Worker Protection against Noise and Vibration at the Workplace. It would draw the Government's attention to, in particular, section 4.3 of this directive which sets forth special provisions concerning exposure to noise beyond the normal threshold limit of 85dB and Appendix 1 which indicates the duration of exposure to high levels of noise established in a variety of international instruments.

Article 10. In its previous comments, the Committee had requested the Government to indicate whether general measures ensuring that personal protective equipment is made available to workers exposed to vibrations included the provision of special items such as double-layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc. The Committee notes that section 55.8 prescribes in general terms that anti-vibration protective equipment shall be provided to workers exposed to vibrations. The Government is requested to indicate whether any guide-lines or instructions have been established concerning the type of personal protective equipment, in particular the special items mentioned above, which should be provided to workers exposed to vibration.

Article 11, paragraph 1. The Committee notes that, by virtue of section 11.6 of the Safety and Health Regulations, an employer must provide workers working in dangerous activities with periodic medical examinations and that section 55.7 provides that the hearing of workers exposed to more than 85dB must be controlled annually. The Government is requested to indicate the measures taken to ensure that pre-assignment medical examinations are given to workers who may be assigned to work involving exposure to air pollution, noise or vibration and to indicate whether the competent authority has determined the periodicity for post-assignment medical examinations other than those provided under section 55.7 for workers exposed to excessive levels of noise.

Article 12. The Committee notes that the Safety and Health Regulations empower the Minister of Industry, Commerce, Co-operatives and Fishing to prohibit the import, sale, exhibition and use of machines, equipment and products which do not meet the requirements of the Regulations and to ensure that the Regulations are respected (sections 6(1)(a) and 7(2)). Section 6(2) provides that a technical study of the safety and health issues relevant to a proposed process must be undertaken and that the engineering proposal must include the procedures necessary to counter the occupational risks involved. The Government is requested to indicate the procedures existing or envisaged for the notification of the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration which would permit the Minister of Industry, Commerce, Co-operatives and Fishing to effectively execute the powers granted to it by the above-mentioned sections.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government in its report and of the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, adopted by Decree No. 2393 of 13 November 1986.

Article 4 of the Convention. With regard to its previous comments, the Committee asks the Government to indicate in its next report the manner in which the obligation to ensure compliance with the provisions of Article 2 of the Convention is imposed on the various categories of persons referred to in this Article.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous observations, the Committee notes with satisfaction that the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment have been adopted by Decree No. 2393 of 13 November 1986 and promulgated in the Official Gazette, No. 565 of 17 November 1986, and that they give effect to the provisions of Articles 2 and 3 of the Convention (which prohibit the sale, hire, transfer in any other manner or exhibition of dangerous machinery which is not equipped with appropriate guards).

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. Further to its previous direct requests, the Committee notes that Decree No. 2393 of 13 November 1986 issuing regulations on the health and safety of workers and the improvement of the working environment, contains provisions on corrosive, irritant or toxic substances, which, according to the Government's latest report, give effect to the Convention. The Committee notes that the above-mentioned regulations contain provisions which would give effect to Articles 2, paragraph 1, 5, 6, paragraph 1, 7, 8, 12 and 13 of the Convention if they explicitly covered benzene and products the benzene content of which exceeds 1 per cent by volume. However, the Committee points out that, in the absence of any provision expressly establishing that benzene and products the benzene content of which exceeds 1 per cent by volume must be considered as corrosive, irritant or toxic substances for the purposes of the application of the above-mentioned regulations, the employers, the workers, the authorities responsible for enforcing the above regulations and the courts may not be clear as to the extent to which the relevant provisions of the regulations are applicable to benzene and products containing it. This lack of clarity may exist particularly in respect of products containing benzene, which are often known under their trade names (for example: solvents, glues, cements, paints, lacquers, etc.), which do not always disclose the presence of benzene, and may be considered by less informed persons as non-toxic. Consequently, the provisions of the above regulations which apply generally to corrosive, irritant or toxic substances are not sufficient to give effect to the Convention, if they are not made explicitly applicable to benzene or products the benzene content of which exceeds 1 per cent by volume. The Committee requests the Government to indicate in its next report the measures taken or under consideration to give full effect to the above provisions of the Convention on this point.

2. Furthermore, the Committee would be grateful if the Government would provide additional information in its next report, on the following points:

Article 4. The regulations on health and safety at work and the improvement of the working environment contain no provisions prohibiting the use of benzene or products containing benzene in certain work processes. Please indicate the measures taken or under consideration to give effect to this provision of the Convention.

Article 6, paragraph 2. Section 64 of the regulations provides that, in workplaces where corrosive, irritant or toxic substances are handled, they must not exceed the maximum values fixed by the Inter-Institutional Committee on Occupational Health and Safety. Please indicate the maximum concentration fixed for benzene by the above-mentioned Committee. The Committee notes the maximum values set out in CEPE standard No. SI-002. However, this standard applies only to the Ecuadorian State Petroleum Corporation and not to all the work processes involving exposure to benzene and products containing it.

Article 6, paragraph 3. Please indicate the directions applicable to all work processes involving exposure to benzene or products containing benzene, issued by the competent authorities, for carrying out the measurement of the concentration of benzene in the air of places of employment.

Articles 9 and 10. Please indicate the measures adopted or under consideration to prescribe pre-employment medical examinations and periodic re-examinations for all workers other than those employed by the CEPE who are to be employed in work processes involving exposure to benzene or products containing benzene, in accordance with the present Articles of the Convention.

Article 11. The Committee notes with the interest the Government's statement in its latest report, to the effect that the Ministry of Labour has requested the Inter-Institutional Committee to include work processes involving exposure to benzene among those to be prohibited for women and children of under 18 years by virtue of section 139 of the Labour Code. It hopes that, in its next report, the Government will be able to provide information on measures taken to this end. In this connection, the Committee recalls that the prohibition laid down by Article 11, paragraph 1 of the Convention covers only women medically certified as pregnant and nursing mothers. It notes the Government's observation to the effect that a provision prohibiting such work for all women would apply to the women mentioned above, but wishes to point out that a prohibition covering all women would exceed the requirements of the Convention and could prejudice the possibility for women to be employed in many work processes where benzene is liable to be used.

3. The Committee notes the statement contained in the latest report, to the effect that the possibility afforded by section 43 of the Labour Code to the General Director of Labour, of issuing regulations determining the preventive measures to be implemented in the various branches of activity, and of enforcing such measures in the meantime, has not been used in respect of benzene, as benzene is only used in the laboratories of the CEPE which applies its own preventive standards. In this connection, the Committee refers to its direct request of 1982 in which it pointed out that, under Article 1, the Convention applies to all activities involving the exposure of workers to the aromatic hydrocarbon benzene C6H6 and to products containing it and that the latter are used in many operations performed, for example, in dyeing establishments, garages and printing establishments, which undoubtedly exist in Ecuador. Consequently, the Government may wish to examine the possibility of issuing regulations providing for specific preventive measures to be implemented in all work processes involving exposure to benzene or products containing benzene, thereby giving effect, in particular, to the above-mentioned provisions of the Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its observation, the Committee would be glad if the Government in its next report would provide additional information on the following points:

Article 1, paragraphs 1 and 3, of the Convention. The Committee notes that section 64 of the regulations concerning the safety and health of workers and the improvement of the working environment provides that in workplaces where corrosive, irritating and toxic substances are used, the maximum permissible levels to be fixed by the Inter-Institutional Committee will not be exceeded. The Committee also notes that the Guide for recognition of carcinogenic chemicals used in industry, published by the Ecuadorian Institute of Social Security (IESS) shows maximum levels of concentration for various carcinogenic chemicals. As this Guide does not seem to have a legally binding effect on employers, please indicate whether maximum permissible levels have been fixed by the Inter-Institutional Committee for carcinogenic substances and agents, and whether the use of certain such substances has been prohibited.

Article 2, paragraph 2. The Committee notes that section 65(1) of the Regulations provides for the reduction of the period of worker exposure to dangerous substances. Please indicate what measures have been taken to reduce the degree of exposure and the numbers of workers exposed to carcinogenic substances and agents.

Article 5. The Committee notes that section 11(6) of the Regulations provides for periodic medical examinations of persons working in dangerous activities. Please provide particulars of the nature of the examinations, the prescribed tests and their frequency for workers exposed to carcinogenic substances and indicate the measures taken or contemplated to provide such workers with any necessary medical examinations or tests after their employment.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Further to its previous direct requests, the Committee notes with satisfaction that Decree No. 2393 of 13 November 1986 laying down Regulations concerning the safety and health of workers and the improvement of the working environment gives effect to Articles 2(1), 3 and 4 of the Convention, which respectively provide for the replacement of carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents; measures to protect workers against the risks of exposure and to establish an appropriate system of records; and measures to provide workers with information on the dangers involved and the precautions to be taken.

The Committee is making a direct request concerning other points.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes the information contained in the Government's report in reply to its previous direct request on Article 14 of the Convention. It requests the Government to provide further information on the following points.

Article 1 of the Convention. The Committee notes from the Government's report that consultations with representatives of employers' and workers' organisations do not appear to have been held during the drafting and adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979. The Committee recalls that this Article of the Convention requires consultation in the application of the provisions of the Convention and therefore hopes that in the future all measures in this regard will be taken in consultation with representatives of employers and workers in accordance with the Convention.

Article 7, paragraphs 1(b) and 2. The Committee notes that section 3 of the Regulations on Radiation Safety, No. 3640 of 1979, prohibits the work of persons under 18 years of age in "radiation areas". A "radiation area" is defined in the Regulations as a restricted area where the exposure level to radiation doses may be greater than 5 m rem/h.

In regard to Article 7, paragraph 1(b) of the Convention, the Committee recalls that maximum permissible dose levels are to be fixed in light of current knowledge for workers under the age of 18 years and that according to the recommendations of the International Commission on Radiological Protection and the ILO Code of Practice for the Radiation Protection of Workers (Ionising Radiations), persons between 16 and 18 years of age should only work in areas where it is most unlikely that the exposure level would exceed three-tenths (1.5 rems) of the dose limit. Therefore, even though workers under 18 years are prohibited from radiation areas it appears they may still be exposed to radiation doses greater than three-tenths of the dose limit during the course of their work, as no other provision exists which fixes an appropriate maximum permissible dose level for this category of workers.

In regard to Article 7, paragraph 2 of the Convention, the prohibition to work in radiation areas set out in section 3 of the Regulations would also be insufficient to apply this provision of the Convention because as described above it does not prohibit persons under the age of 16 years from engaging in work involving any exposure to ionising radiations as required by the Convention. The Committee notes the Government's statement that section 139 of the 1978 Labour Code also applies this provision of the Convention as it prohibits the employment of minors in certain dangerous and unhealthy activities and as work involving ionising radiations would be considered a dangerous and unhealthy activity pursuant to the prohibition prescribed in section 3 of the said Regulations on Radiation Safety. As indicated above, section 3 of the said Regulations does not give full effect to this provision of the Convention, therefore work involving ionising radiations would need to be expressly included in the list of dangerous and unhealthy activities for section 139 of the Labour Code to fully apply the Convention.

The Committee hopes that the Government will take the necessary measures to fix maximum permissible exposure levels in accordance with Article 7, paragraph 1(b) of the Convention, and to prohibit workers under the age of 16 from work involving any exposure to ionising radiations in accordance with Article 7, paragraph 2 and that the Government will indicate the progress made in this regard in its next report.