Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Guarding of Machinery Convention, 1963 (No. 119) - Ecuador (Ratification: 1969)

The Committee notes the information sent by the Government in its reports. The Government states in its report that, in so far as all citizens are presumed to be acquainted with the content of laws and regulations, they are accordingly required to observe their provisions. The Committee points out, however, that according to the provisions of the Convention, measures must be taken to ensure that the categories of persons covered by the Convention in Article 4, namely vendors, persons letting out on hire or transferring machinery in any other manner, exhibitors and, where appropriate, their respective agents, as well as manufacturers when they sell machinery, let it out on hire, transfer it in any other manner or exhibit it, must be expressly mentioned in legal provisions establishing the prohibition by national laws or regulations or the prevention by other equally effective measures of the sale and hire of machinery of which the dangerous parts specified in paragraphs 3 and 4 of Article 2, are without appropriate guards.

Accordingly, the Committee hopes that the Government will take steps to bring the national laws and regulations into line with the provisions of the Convention. The Committee has already observed that the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, issued by Decree No. 2393 of 13 November 1986, provide for liability and sanctions for failure to apply the prescriptions set forth in the Decree, but do not specify, pursuant to Article 4 of the Convention, the persons on whom the obligation to ensure compliance with the provisions of Article 2 is to rest. The Committee accordingly asks the Government to state how the obligation to ensure compliance with Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, and their respective agents.