Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Benzene Convention, 1971 (No. 136) - Ecuador (Ratification: 1975)

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.