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

Occupational Cancer Convention, 1974 (No. 139) - Ecuador (Ratification: 1975)

Other comments on C139

Observation

Direct Request

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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.