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

Occupational Cancer Convention, 1974 (No. 139) - Ecuador (Ratification: 1975)

Article 1, paragraphs 1 and 3, and Article 6 of the Convention. In its previous comments, the Committee had noted that the Guide for recognition of carcinogenic chemicals used in industry, published by the Ecuadorian Institute of Social Security (IESS), did not appear to have a legally binding effect on employers. The Committee notes with interest from the information provided in the Government's latest report that the maximum permissible levels of exposure to carcinogenic substances are fixed by the Inter-Institutional Committee on Occupational Safety and Health and correspond to those established by the American Conference of Governmental Industrial Hygienists. The Government is requested to indicate the manner in which these maximum permissible exposure limits are communicated to the workers and employers concerned and the manner in which these limits are enforced in order to ensure that the prohibitions or restrictions are complied with and that full effect is thus given to the Convention.

Article 2, paragraph 2. The Committee notes with interest the Government's indication that an enterprise directive is presently being put together and that the issue of the duration of worker exposure to carcinogenic substances is being studied. The Government is requested to indicate any progress made in this regard and to transmit a copy of the directive once it has been finalised. The Government is also requested to indicate the measures taken or envisaged to reduce the number of workers exposed to carcinogenic substances.

Article 5. 1. In its previous comments, the Committee has noted that the Regulations concerning the Safety and Health of Workers and the Improvement of the Working Environment provided for periodic medical examinations for persons working in dangerous activities. The Government is once again requested to provide particulars on the types of examinations and tests provided and the frequency with which workers exposed to carcinogenic substances are examined.

2. The Committee would recall that this Article of the Convention also calls for medical examinations or tests after employment, as necessary, to evaluate worker exposure and to supervise their state of health in relation to occupational hazards. The need for health supervision after employment arises from the fact that the effects of exposure to carcinogenic substances often manifest themselves long after the exposure. The Government is requested to indicate the measures taken or envisaged to ensure that workers exposed to carcinogenic substances are provided with medical examinations or tests as necessary.