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.