Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

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.