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

Asbestos Convention, 1986 (No. 162) - Ecuador (Ratification: 1990)

Other comments on C162

Observation

Direct Request

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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.