Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee takes note of the Government’s latest report and the information communicated in response to its previous comments. It draws the Government’s attention to the following points.

1. With reference to its previous comments, the Committee notes the Government’s indication that the National Division on Occupational Risks, through the Industrial Hygiene Laboratory, has investigated over ten years into possible problems related to exposure to benzene in industrial branches where benzene is used as a solvent, like in the shoe, the chemical synthesis, the petrol and fuel, and the painting industry. The results, including those of the Province of Pichincha where the majority of the country’s chemical synthesis industry is located, showed that other solvents than benzene were used. The Government adds that the Ecuadorian Institute of Standardization (INEN), a unit attached to the Ministry of Foreign Trade, Industrialization, and Fishing Competitiveness, executes the technical standardization, which comprises the verification whether technical standards are complied with and the technical assessment of enterprises and industries in order to maintain or establish quality standards. To this effect, the National Directorate on Development and Quality Certification, controls the production and quality of products, in general, in order to avoid the ingestion and the absorption of products produced with toxic components and chemicals detrimental to health. When using products such as paint, the quality standard ISO 9000 is to be met in order to get the quality label INEN, which represents a product guarantee valid on national and international level. With regard to the application of the Convention, the Committee observes that, while noting the Government’s indication that a first draft of the Regulations concerning the use of benzene, taking into account the technical criteria set forth in the Convention, would be submitted for consideration to the Interinstitutional Commission on Occupational Safety and Health, which is a unit of the Ministry of Labour and Human Resources. The Regulations on the health and safety of workers and the improvement of the working environment of 1986, is still the only legislation applicable. The Committee is therefore bound to recall its previous comments in which it had pointed out that the above Regulations applying 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.

In this respect and in view of the fact that Ecuador has ratified this Convention already in 1975, the Committee would like the Government to take the necessary measures as soon as possible to give effect to the provisions of the Convention ratified and to indicate the actual status of the draft Regulations concerning the use of benzene within the legal procedure. It therefore hopes that the above draft Regulations will be adopted in the near future and that they will give effect particularly to the following Articles of the Convention: Article 2, paragraph 1 (the obligation to use harmless or less harmful substitute substances, whenever they are available); Article 4, paragraphs 1 and 2 (the prohibition of the use of benzene or 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 they 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 level of 25 parts per million established under the Convention and the limitation of the duration of exposure in the latter instance); Articles 9 and 10 (measures to provide for free pre-employment and periodic medical examinations of workers employed in work processes involving exposure to benzene or products containing benzene; these medical examinations shall include the blood analysis and biological examinations carried out under the responsibility of a qualified physician with the help of a suitable laboratory as well as shall be certified under the adequate form); 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 (measures to ensure that containers containing benzene are clearly marked with danger symbols); and Article 13 (provision of appropriate instructions to workers on measures to safeguard health and prevent accidents, as well as of appropriate action to be taken in the event of poisoning).

2. In addition, the Committee requests the Government to communicate additional information on the following points:

Article 6, paragraph 2. The Committee notes the Government’s indication that, while the Ministry of Labour and Human Resources does not have at its disposal the necessary equipment and material to sample and assess the exposure limits, reference is made to the limit values established by the American Conference of Governmental and Industrial Hygienists (ACGIH) whenever the country has not established its own limits. Since, in Ecuador, no research of this type exists, i.e. research on work involving workers’ exposure to benzene, the Government refers to the general provisions contained in the Regulations on the health and safety of workers and the improvement of the working environment of 1986, for corrosive, irritant or toxic substances. The Committee, referring to its above comments, hopes that the draft Regulations concerning the use of benzene will contain, once they are adopted, a provision fixing an exposure limit value for the concentration of benzene in the air of the places of employment which corresponds to the limit value recommended by the ACGIH.

Article 14( c). The Committee notes that the General Directorate of Labour and its subdirectorates are authorized by law to fix rules determining preventive mechanisms against occupational risks for the different industries through technical collaboration with the Department on Occupational Safety and Health which is the advisory body to the inspectors carrying out inspection activities. However, the collaboration between the Ministry and its attached units has not been carried out due to the fact that a research on work involving workers’ exposure to benzene does not exist in the country. In spite of this, the Committee would refer to the problems the Government revealed in its report in relation to the application of Article 6, paragraph 2, of the Convention, i.e. that Ministry of Labour and Human Resources does not have at its disposal the necessary equipment and material to sample and assess the exposure limits. It accordingly requests the Government to indicate the manner in which inspection activities are carried out to ensure an adequate supervision of the provisions of the Convention.