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

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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.]

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Previous comment on Convention No. 115Previous comment on Convention No. 148Previous comment on Convention No. 162

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. 115 (radiation protection), 148 (air pollution, noise and vibration) and 162 (asbestos) together.

A.Protection against specific risks

1.Radiation Protection Convention, 1960 (No. 115)

Article 3(1) and Article 6(2) of the Convention. Protection measures adopted in the light of current knowledge. The Committee notes that the Government indicates in its report, in reply to its previous request, that the Ministry of Labour, in coordination with the Ecuadorian Atomic Energy Commission, is to organize technical working parties to update the Regulations on radiological safety, issued under Decree No. 3640 of 8 August 1979, and that it will communicate a copy of the regulations following their adoption. In this connection, the Government indicates that consideration will be given to current knowledge in the area of ionizing radiation summarized in the general observation of 2015, as well as other measures established by the International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency (IAEA). The Committee urges the Government to take the necessary measures to update its legislation in line with the Convention, taking account of the 2015 general observation, and to communicate a copy of the amended regulations once they are adopted.

2.Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 8(1) and (3) of the Convention. Air pollution and vibration. The Committee notes with regret the Government’s indication in its report that the criteria and exposure limits to air pollution and vibration are still not specified in national law. The Committee urges the Government to take the necessary measures, including in the framework of the updating of the Regulations on occupational safety and health and improvement of the working environment, to update its national legislation to establish the criteria and exposure limits to air pollution and vibration, and to communicate a copy of the relevant legal text, once adopted. It also asks the Government to indicate the manner in which these limits shall be periodically revised, in conformity with Article 8(3) of the Convention.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee notes that Decision No. 2 of the Ecuadorian Standard-setting Service (INEN) provides for the obligation to notify the INEN regarding chemical substances that cause damage to the central nervous system, vision, brain, and other organs of the human body. However, the Committee notes the Government’s indication that the national legislation does not specifically provide for notification to the competent authority in respect of other types of air pollution, nor of noise and vibration. The Committee also notes that the Ministry of Labour will proceed to update the Regulations on occupational safety and health and improvement of the working environment to bring them into compliance with Article 12 of this Convention. The Committee requests the Government to take the necessary measures to update its legislation in conformity with the provisions of this Convention and to communicate progress made in this respect.

3.Asbestos Convention, 1986 (No. 162)

Article 17(1) and (2) of the Convention. Demolition of plants and structures containing friable asbestos insulation materials. The Committee notes the Government’s indication that, by virtue of section 149 of the Regulation on security in construction and public works, builders and contractors shall establish procedures that guarantee and monitor the treatment and safe elimination of waste, effluents and emissions in a manner that does not present a hazard to workers or to the environment. However, the Government indicates that it is not established that such procedures must be carried out by builders and contractors recognized by the competent authority. Equally, the Committee notes that under section 152 of the Regulation, plans for the construction, refurbishment or rehabilitation of work centres shall be approved by the Ministry of Labour through its safety and health units. In this respect, the Government indicates that this section does not require the production of a work plan specifically for demolition in case of asbestos. The Committee requests the Government to adopt the necessary measures to ensure that: (i) the work involving demolition and disposal provided for under Article 17 of the Convention is undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work; and (ii) that such employers or contractors shall draw up a work plan specifying the measures to be taken before starting demolition work.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2024.]

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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.

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Technical assistance. The Committee notes the Government’s indications that it considers it appropriate to receive technical assistance for the preparation of reports, legislation and issues relating to the application of the Convention. The Committee invites the Government to formally request ILO technical assistance and to provide information on any developments in this respect.

Article 17(1) and (2) of the Convention. Demolition of plants containing friable asbestos insulation materials. The Committee notes that, according to the Government’s report, there is no relevant legislation that gives effect to this Article of the Convention and that the Government therefore considers it appropriate to receive technical assistance to adapt the legislation to the provisions of the Convention. In this regard, the Committee draws the Government’s attention to the guidance contained in Paragraph 14 of the Asbestos Recommendation, 1986 (No. 172). The Committee requests the Government to adopt the necessary measures to give effect to this Article of the Convention in light of this guidance.

Article 21(4). Alternative employment and maintenance of workers’ income when continued assignment to work involving exposure to asbestos is found to be medically inadvisable. Recalling its previous comments, the Committee once again requests the Government to provide information on the manner in which it ensures alternative employment and other measures, such as social benefits, so as to secure maintenance of the worker’s income where the worker’s assignment to or maintenance in a job involving exposure to asbestos, is medically inadvisable. Please provide, in particular, practical information on the manner in which the maintenance of income is guaranteed, including through social benefits.

Application of the Convention in practice. Article 5. Labour inspection services. With reference to its previous direct request, the Committee observes that the information provided by the Government on the activities of the labour inspectorate is not related to the application of the present Convention. The Committee once again requests the Government to provide information on the application of the Convention in practice, including reports provided by the labour inspectorate and other bodies responsible for the application of the Convention, including in so far as possible in the construction sector.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Articles 11 and 12 of the Convention. Use of crocidolite and the spraying of asbestos. In its previous comments, the Committee noted that sections 5.1 and 5.2 of the Safety Regulations for the Use of Asbestos of 9 August 2000 prohibit the use of crocidolite and the spraying of all forms of asbestos and provide for possible waivers by the competent authority where there is no alternative and on condition that the health of workers is not endangered, and asked the Government to provide information in this regard. The Committee notes that according to the Government, there have been no cases of any waivers being issued under these provisions of the Regulations.

Article 17(1) and (2). Demolition of plants containing friable asbestos insulation materials. In its previous comments, the Committee noted that the Safety Regulation for the Use of Asbestos contain no specific requirement that the demolition of plants containing friable asbestos insulation materials is to be undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work, or any provision on the workplan which has to be drawn up before such work is started. The Committee requested the Government to take the necessary steps to ensure application of this Article of the Convention. The Committee notes with regret that the Government refers to the abovementioned Regulations without indicating the relevant provisions that give effect to these Articles of the Convention and which would respond to the questions raised by the Committee. The Committee again asks the Government to indicate clearly the provisions of the relevant legislation that give effect to these Articles, and to provide information on their application in practice in the construction industry.

Article 21(4). Alternative employment and maintenance of workers’ income when continued assignment to work involving exposure is found to be medically inadvisable. Further to its previous comments, the Committee notes that the Government refers to section 5 of the 1993 Recommendations on Occupational Safety and Health in the Use of Asbestos. The Committee notes that section 5 refers to a programme of medical supervision, providing that “the medical service of the enterprise shall determine and apply medical contraindications when assigning or rotating a post”. Although this Recommendation may contribute in part to assignment to alternative employment, it would not appear sufficient for effectively ensuring alternative employment or other means of maintaining income in the case at hand. The Committee accordingly asks the Government once again to continue to provide information on the manner in which it ensures alternative employment or other measures such as social benefits so as to secure maintenance of the worker’s income where the worker’s assignment to or maintenance in a job involving exposure is medically inadvisable. Please provide, in particular, practical information on the manner in which maintenance of income is guaranteed, including through social benefits.

Part V of the report form. Application in practice. Article 5. Labour inspection services. With reference to its previous comments, the Committee notes that the Government does not provide the information requested on the application of the Convention in practice. The Government again states that the Occupation Safety and Health Unit is undergoing restructuring with the assistance of the Government of Spain and that the relevant regulations are being disseminated, but provides no further information. The Committee points out to the Government that information on the manner in which effect is given to the Convention is essential to the Committee’s examination of how far the Convention is applied. The Committee again asks the Government to make every effort to provide information on the effect given in practice to the Convention, including reports of the labour inspection services or other bodies responsible for the enforcement of the Convention and supervision of the application of the abovementioned Regulations, so the Committee may gain a fuller picture of the manner in which the Convention is applied in practice. Please provide, for example, general information on the manner in which the Convention is applied, including in the construction sector as far as possible.

The Committee again asks the Government to envisage the possibility of requesting technical assistance from the Office in drafting reports and addressing some of the questions raised regarding the occupational safety and health Conventions, and requests it to provide 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.

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Articles 11 and 12 of the Convention. Use of crocidolite and the spraying of asbestos. In its previous comments the Committee noted that sections 5.1 and 5.2 of the Safety Regulations for the Use of Asbestos of 9 August 2000 prohibit the use of crocidolite and the spraying of all forms of asbestos and provide for possible waivers by the competent authority where there is no alternative and on condition that the health of workers is not endangered, and asked the Government to provide information in this regard. The Committee notes that according to the Government, there have been no cases of any waivers being issued under these provisions of the Regulations.

Article 17(1) and (2). Demolition of plants containing friable asbestos insulation materials. In its previous comments, the Committee noted that the Safety Regulation for the Use of Asbestos contain no specific requirement that the demolition of plants containing friable asbestos insulation materials is to be undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work, or any provision on the workplan which has to be drawn up before such work is started. The Committee requested the Government to take the necessary steps to ensure application of this Article of the Convention. The Committee notes with regret that the Government refers to the abovementioned Regulations without indicating the relevant provisions that give effect to these Articles of the Convention and which would respond to the questions raised by the Committee. The Committee again asks the Government to indicate clearly the provisions of the relevant legislation that give effect to these Articles, and to provide information on their application in practice in the construction industry.

Article 21(4). Alternative employment and maintenance of workers’ income when continued assignment to work involving exposure is found to be medically inadvisable. Further to its previous comments, the Committee notes that the Government refers to section 5 of the 1993 Recommendations on Occupational Safety and Health in the Use of Asbestos. The Committee notes that section 5 refers to a programme of medical supervision, providing that “the medical service of the enterprise shall determine and apply medical contraindications when assigning or rotating a post”. Although this Recommendation may contribute in part to assignment to alternative employment, it would not appear sufficient for effectively ensuring alternative employment or other means of maintaining income in the case at hand. The Committee accordingly asks the Government once again to continue to provide information on the manner in which it ensures alternative employment or other measures such as social benefits so as to secure maintenance of the worker’s income where the worker’s assignment to or maintenance in a job involving exposure is medically inadvisable. Please provide, in particular, practical information on the manner in which maintenance of income is guaranteed, including through social benefits.

Part V of the report form. Application in practice. Article 5. Labour inspection services. With reference to its previous comments, the Committee notes that the Government does not provide the information requested on the application of the Convention in practice. The Government again states that the Occupation Safety and Health Unit is undergoing restructuring with the assistance of the Government of Spain and that the relevant regulations are being disseminated, but provides no further information. The Committee points out to the Government that information on the manner in which effect is given to the Convention is essential to the Committee’s examination of how far the Convention is applied. The Committee again asks the Government to make every effort to provide information on the effect given in practice to the Convention, including reports of the labour inspection services or other bodies responsible for the enforcement of the Convention and supervision of the application of the abovementioned Regulations, so the Committee may gain a fuller picture of the manner in which the Convention is applied in practice. Please provide, for example, general information on the manner in which the Convention is applied, including in the construction sector as far as possible.

The Committee again asks the Government to envisage the possibility of requesting technical assistance from the Office in drafting reports and addressing some of the questions raised regarding the occupational safety and health Conventions, and requests it to provide information on any needs that may arise in this regard.

[The Government is asked to reply in detail to the present comments in 2013.]

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Articles 11 and 12 of the Convention. Use of crocidolite and the spraying of asbestos. Article 17(1) and (2). Demolition of plants or structures containing friable asbestos insulation materials. Article 24(4). Efforts made to provide workers unable to pursue their work for medical reasons with other means of maintaining their income. The Committee notes that in its report the Government does not provide the information requested in the previous comments and indicates that the Committee’s comments have been referred to the new authorities of the Occupational Safety and Health Directorate 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 for a number of issues pertaining to the occupational safety and health Conventions. The Committee accordingly asks the Government to provide the information requested in the 2005 observation on the abovementioned Articles of the Convention.

Part V of the report form. Application in practice. Article 5. Labour inspection services. The Committee requests the Government to make every effort to provide information on the practical application of the Convention, including reports supplied by the labour inspection service or other bodies responsible for enforcement of the Convention and the relevant regulations, so that the Committee can assess more fully the manner in which the Convention is applied in practice. Please provide, for example, general information on the manner in which the Convention is applied, including in the construction sector, to the extent possible.

[The Government is asked to reply in detail to the present comments in 2011.]

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1 The Committee notes the information provided in the Government’s report, and particularly the adoption of the Regulations on the use of asbestos under safe conditions, of 9 August 2000 (Accord No. 0100). It wishes to draw the Government’s attention to the following points.

2. Articles 11 and 12. Use of crocidolite and the pulverization of asbestos. The Committee also notes that points 5.1 and 5.2 above prohibit the use of crocidolite and the pulverization of all forms of asbestos and provide for possible derogations by the competent authority where there is no other alternative and on condition that the health of workers is not endangered. The Committee requests the Government to indicate the measures adopted in practice to ensure that the health of workers is not endangered.

3. Article 17, paragraphs 1 and 2. Demolition of plants containing friable asbestos materials. The Committee notes that the Regulations on the use of asbestos under safe conditions do not contain any specific provisions that the demolition of plants containing friable asbestos materials is to be undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work, nor on the work plan which has to be drawn up before starting such work. The Committee requests the Government to take the necessary measures to give effect to this Article of the Convention.

4. Article 21, paragraph 4. Efforts made to provide workers unable to pursue their work for medical reasons with other means of maintaining their income. The Committee notes the information that the Ecuadorian Social Security Institute (IESS) does not provide economic means to workers whose continued assignment to work involving exposure to asbestos is found to be medically inadvisable and the information that the Ministry of Labour, through the Department of Work Placement, is responsible for offers of alternative employment to allow workers to maintain a suitable income. With reference to the requirement in this Article for the Government to make every effort, consistent with national conditions and practice, to provide workers concerned with other means of maintaining their income, the Government is requested to provide details regarding the efforts made in practice to find alternative employment for workers unable to pursue their work for medical reasons, including details regarding the types of employment offered and received and the salaries they have received, as well as to provide information on all other measures taken or envisaged to give effect to this provision of the Convention.

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The Committee notes the Government’s last report as well as the information supplied by the Government in response to its previous comments. It would draw the Government’s attention to the following points.

1. Article 3, paragraph 1, Article 6, paragraph 1, and Article 16 of the Convention. The Committee notes the Government’s indication that the draft regulations on the use of asbestos in safe conditions is still before the Ministry of Labour, where it is being examined in depth together with the specialized organs like the tripartite Inter-Institutional Commission on Safety and Health, in order to ensure that the text of the regulation is in full conformity with the spirit of the respective international standards. The Committee hopes that the draft regulation on the use of asbestos in safe conditions will be adopted in the near future to ensure effective protection of workers exposed to asbestos in the course of their work. Besides, the Government refers to the provisions contained in the Safety and Health Recommendations for the Occupational Use of Asbestos of the Ecuadorian Institute of Social Security (IESS), revised in 1993, which provides for exposure limits and prohibitions (point 2) and technical prevention measures (point 6). In this respect, the Committee notes article 427 of the Labour Code, according to which all enterprises subject to the provisions on occupational safety have, inter alia, to comply with the provisions laid down by the IESS. Hence, the Committee understands that the above recommendations, issued by the IESS, have a legally binding effect. It nevertheless requests the Government to confirm their legal binding character.

2. Article 5, paragraph 1. The Committee notes the Government’s indication that the responsible department of the Ministry of Labour maintained its inspection activities within its possible limits, and that the number of inspections have not decreased. In addition, the National Department of Occupational Safety and Hygiene, together with the headquarters of Occupational and Socio-Medicine of the IESS, maintains inspections, registers and other data in order to effectively meet the requirements of this Convention and thus to protect the workers working in the area covered by the Convention. The Committee further notes the information contained in a communication of the IESS, annexed to the Government’s report, concerning inspections of small premises in the sector of the automobile industry. The Committee, taking due note of this information, requests the Government to explain more precisely the responsibilities of the above-indicated bodies and to indicate whether sufficient inspections are carried out in all enterprises where workers are exposed to asbestos in the course of their work to ensure effective enforcement of and compliance with the provisions of the Convention.

3. Article 9(a) and (b). The Committee notes the Government’s indication that the Safety and Health Recommendations for the Occupational Use of Asbestos of the IESS and the Regulations for the Safety and Health of Workers and the Improvement of the Working Environment, 1986, are currently the only regulations with regard to the requirements set forth by this Article of the Convention. The Government, however, considers that the adoption of the regulations on the use of asbestos in safe conditions will contain more suitable provisions to respond to the requirements laid down in this Article of the Convention. The Committee therefore hopes that the draft regulations on the use of asbestos in safe conditions will be adopted in the near future, prescribing both adequate engineering controls, i.e., control measures, including isolation, enclosure ventilation, and work practices, including workplace hygiene and special rules and procedures, including authorization, for the use of asbestos.

4. Article 10(b). The Committee notes again point 6.1 of the Safety and Health Recommendations for the Occupational Use of Asbestos, providing for the replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials whenever technically possible. The Government adds that asbestos in great quantity is only used in the fabrication of pipes and iron boards for roofs and that asbestos used for these purposes is enclosed so that the particles of asbestos cement cannot be inhaled or released. The Committee requests the Government to indicate whether there exists a provision prescribing the total or partial prohibition of the use of asbestos or products containing asbestos in certain work processes. If this is not the case, the Committee invites the Government to consider the introduction of such a provision into the draft regulation on the use of asbestos in safe conditions.

5. Article 17, paragraphs 1 and 2. As to the administrative measures to be taken regarding the demolition of plants or structures containing friable asbestos insulation materials, the Government refers to points 6.2-6.9 of the Recommendations for the Occupational Use of Asbestos. The Committee, however, states that points 6.2-6.9 of the Recommendations merely concern general technical preventive measures and do not specifically refer to demolition work. The Committee further notes the Government’s indication that the future regulation on the use of asbestos in safe conditions will contain appropriate provisions applicable to demolition work in accordance with the provisions laid down in Article 17 of the Convention. It therefore reiterates its hope that the above draft regulation will be adopted soon.

6. Article 21, paragraph 4. The Committee notes the Government’s indication that it is currently not possible to offer an economic support to affected workers, since the social security system of Ecuador still faces serious economic restrictions. The Committee, while hoping that the restrictions in the social security system will be overcome soon, draws the Government’s attention to the fact that Article 21, paragraph 4, of the Convention does not exclusively call for social security benefits to be offered to workers concerned, but also for the provision of suitable alternative employment opportunities for workers whose continued assignment to work involving exposure to asbestos is contra-indicated for medical reasons, which constitutes a general principle of occupational safety and health. The Committee accordingly invites the Government to take the appropriate measures in this regard.

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The Committee notes the information provided in the Government's report in reply to its previous comments. It requests the Government to supply further information, in its next report, on the points raised below.

Article 2 of the Convention. In its previous comments the Committee requested the Government 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. The Committee notes the Government's indication in its report that authorities use the technical definitions contained in specialized documentation. The Committee notes in this regard that the definitions used correspond to the definitions contained in this Article of the Convention. The Committee requests the Government to provide information on measures taken or envisaged to include such definitions in the national regulations.

Article 3, paragraph 1; Article 6, paragraph 1; and Article 16. The Committee notes the indication in the Government's report that the regulation on the use of asbestos in safe conditions is still pending before the Ministry of Labour. It requests the Government to provide information on the progress achieved in this regard.

Article 5, paragraph 1. In its previous comments, the Committee noted the Government's indication that not enough inspections have been carried out in small repair shops which rebuild automobile clutches. The Government indicates in its latest report that the labour inspectorate is seeking to expand its coverage and improve labour inspection service through intervention by the Department of Occupational Safety and Hygiene of the Ministry of Labour. The Committee requests the Government to indicate whether labour inspection has improved, particularly with respect to the repair shops noted above.

Article 7. The Committee requests the Government to keep it informed of any developments on the adoption of the draft regulations setting forth the specific responsibilities of workers with respect to asbestos, and to transmit a copy of the text once it is adopted.

Article 9(a) and (b). In its previous comments, the Committee noted the Government's indication that authorization and notification will be covered in the draft asbestos regulations. The Government indicates in its latest report that these asbestos regulations will set forth the most suitable measures for efficient control. The Committee requests the Government to provide information on any developments on the adoption of the asbestos regulations prescribing control measures, and to transmit a copy of the relevant text once it is adopted.

Article 10(b). The Committee notes the indication in the Government's report that the Asbestos Recommendation 6.1 provides for the replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials or products. The Committee requests the Government to indicate whether any measures have been taken to prohibit, totally or partially, the use of asbestos or products containing asbestos in certain work processes.

Article 11, paragraph 2. The Committee requests the Government to indicate in its future reports any derogations from the prohibition of the use of crocidolite which might have been granted.

Article 12, paragraph 2. The Committee requests the Government to indicate in its future reports any derogations from the prohibition of spraying asbestos which might have been granted.

Article 17, paragraphs 1 and 2. The Committee notes the indication in the Government's report that regulations will be issued prescribing rigorous control measures applicable to demolition work. The Committee requests the Government to indicate the progress achieved in this respect and to provide a copy of the relevant text once it is adopted.

Article 21, paragraph 4. The Committee notes the indication in the Government's report that currently, it is not possible to offer affected workers other means of income, although social security benefits are available for those cases of serious financial need. The Committee requests the Government to indicate whether any additional efforts have been made to ensure other means of income to all workers exposed to asbestos for whom continued exposure is medically inadvisable.

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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.