Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee notes with interest the information provided in the Government's first report and requests the Government to provide further information on the following points:

Article 2 of the Convention. The Committee notes that the Occupational Health Recommendations for the Occupational Use of Asbestos issued by the Ecuadorian Institute for Social Security (IESS) on 28 June 1990 and amended on 5 February 1991 define the terms "asbestos", "respirable asbestos fibres", "workers" and "workers' representatives" in accordance with this provision of the Convention. The Government is requested to indicate the measures taken to define asbestos dust, airborne asbestos dust and exposure to asbestos in order to ensure a clear understanding of the meaning of the legislation.

Article 3, paragraph 1, Article 6, paragraph 1 and Article 16. The Committee notes with interest the Occupational Health Recommendations for the Occupational Use of Abestos issued by the ESS on 28 June 1990 and amended on 5 February 1991. It further notes that section 427 of the Labour Code provides that establishments covered by the occupational risks scheme shall observe the provisions and standards issued by the IESS. The Government is requested to indicate whether the Asbestos Recommendations are legally binding on all enterprises where activities involving the use of asbestos take place. The Government's report also indicates that a regulation on the use of asbestos in safe conditions is being elaborated by the Ministry of Labour and Human Resources. The Government is requested to keep the Office informed of the progress made in this regard.

Article 5, paragraph 1. The Committee notes the indication in the Government's report that not enough inspections have been carried out in small repair shops which rebuild automobile clutches. The Government is requested to indicate the measures taken to improve inspection with respect to these repair shops and to clarify whether the inspections carried out by the Inspectorate by virtue of sections 531, et seq., of the Labour Code rely upon the IESS Asbestos Recommendations as concerns the measures to be taken.

Article 5, paragraph 2. The Committee notes from the Government's report that the IESS imposes a penalty in the form of a surcharge to the premium for occupational risks coverage when its standards are not observed. It further notes that sanctions may be imposed for violations of the Labour Code and its regulations by virtue of sections 431 and 605. The Government is requested to indicate whether sanctions may be imposed by the inspectorate for contraventions of the IESS Asbestos Recommendation.

Article 6, paragraph 2. The Committee notes the indication in the Government's report that, whenever two or more employers undertake activities simultaneously at the same workplace, they are each independently responsible. It requests the Government to indicate the measures taken to ensure that two or more employers undertaking activities simultaneously at the same workplace cooperate in order to comply with the prescribed measures.

Article 7. The Committee notes that workers have general responsibilities concerning the use of personal protective equipment and the maintenance of appropriate hygiene under section 13 of the Regulations for the Safety and Health of Workers and the Improvement of the Working Environment of 17 November 1986. It further notes from the Government's report that specific worker responsibilities with respect to asbestos are to be set forth in the regulations on asbestos which are in the process of being drafted. The Government is requested to keep the Office informed of any progress made in this regard.

Article 9(a) and (b). The Committee notes that the Asbestos Regulations provide that enterprises using asbestos must register with the National Division of Occupational Risks of the IESS. It further notes the indication in the Government's report that authorization and notification will be covered in the asbestos regulations presently being drafted. The Government is requested to keep the Office informed of the progress made in this regard.

Article 10(b). The Committee notes that the use of crocidolite and the spraying of asbestos is prohibited by the Asbestos Recommendations 2.3 and 2.4. The Government is requested to indicate whether any steps have been taken to prohibit the use of asbestos or products containing asbestos in any specific types of work processes.

Article 11, paragraph 2. The Committee notes that the Asbestos Recommendation 2.3, which prohibits the use of crocidolite, refers specifically to this Article of the Convention and provides that any derogations must be made in accordance with this provision. It further notes the indication in the Government's report that it has as yet not received any requests for derogations in this regard. The Government is requested to keep the Office informed of the particulars of any derogations from the prohibition of the use of crocidolite which might be granted in the future.

Article 12, paragraph 2. The Committee notes that Asbestos Recommendation 2.4 specifically provides that any derogations to the spraying of asbestos must be made in accordance with this Article of the Convention. It further notes from the Government's report that, as yet, no requests have been made in this regard. The Government is requested to keep the Office informed of any derogations from the prohibition of spraying asbestos which might be granted in the future.

Article 15, paragraph 3. The Committee notes that Asbestos Recommendation 2.2 sets forth exposure limits to be maintained by the employer and Recommendation 6 sets forth a variety of measures to be taken in the workplace to limit the exposure. The Government is requested to indicate the measures taken, either in the draft asbestos regulations or otherwise, to ensure that all appropriate measures are taken by the employer to reduce exposure to asbestos to as low a level as is reasonably practicable.

Article 17, paragraphs 1 and 2. The Committee notes that Asbestos Recommendation 6.8 requires that permission from the competent authority be requested for, among others, demolition work. The Government is requested to indicate the manner in which it is ensured that such work may only be undertaken by persons considered by the competent authority to be qualified and that work plans are drawn up by the employer or contractor in accordance with paragraph 2 of this Article.

Article 19, paragraph 1. The Committee notes that Asbestos Recommendation No. 10 calls for measures to ensure the protection of workers involved in the transport and storage of asbestos. The Government is requested to indicate the measures taken to ensure that employers dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned or to the population in the vicinity.

Article 20, paragraph 4. The Government is requested to indicate the measures taken to ensure that workers have the right to request monitoring of the environment and to appeal to the competent authority concerning the results of the monitoring.

Article 21, paragraph 2. The Government is requested to indicate the manner in which it is ensured that the monitoring of workers' health in connection with the use of asbestos is free of cost to workers and occurs during working hours as far as possible.

Article 21, paragraph 3. The Committee notes that Asbestos Recommendation 14.1 provides that the results of the monitoring of workers' health shall be made available to them. The Government is requested to indicate the manner in which advice concerning a worker's health in relation to work is furnished to him or her.

Article 21, paragraph 4. The Committee notes that Asbestos Recommendation 5.4 provides that the health service of the enterprise must take into account contraindications when determining the rotation of posts. The Government is requested to indicate the efforts made to provide workers concerned with other means of maintaining their income in the event that continued assignment of work involving exposure to asbestos is medically inadvisable.

Article 22, paragraph 1. The Committee notes that Asbestos Recommendation No. 13.1 provides for an education programme concerning asbestos to be elaborated between the employer and the competent authority which includes education and periodic training of workers on asbestos hazards, measures for prevention and control, dates and types of educational events. The Government is requested to indicate the manner in which consultation and collaboration with the most representative workers concerned is ensured with respect to the above-mentioned programmes.