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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.
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 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.]
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.
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.
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.
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.