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

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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.]

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 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.

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 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 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 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.

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 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 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 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.