Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Asbestos Convention, 1986 (No. 162) - Ecuador (Ratification: 1990)

1 The Committee notes the information provided in the Government’s report, and particularly the adoption of the Regulations on the use of asbestos under safe conditions, of 9 August 2000 (Accord No. 0100). It wishes to draw the Government’s attention to the following points.

2. Articles 11 and 12. Use of crocidolite and the pulverization of asbestos. The Committee also notes that points 5.1 and 5.2 above prohibit the use of crocidolite and the pulverization of all forms of asbestos and provide for possible derogations by the competent authority where there is no other alternative and on condition that the health of workers is not endangered. The Committee requests the Government to indicate the measures adopted in practice to ensure that the health of workers is not endangered.

3. Article 17, paragraphs 1 and 2. Demolition of plants containing friable asbestos materials. The Committee notes that the Regulations on the use of asbestos under safe conditions do not contain any specific provisions that the demolition of plants containing friable asbestos materials is to be undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work, nor on the work plan which has to be drawn up before starting such work. The Committee requests the Government to take the necessary measures to give effect to this Article of the Convention.

4. Article 21, paragraph 4. Efforts made to provide workers unable to pursue their work for medical reasons with other means of maintaining their income. The Committee notes the information that the Ecuadorian Social Security Institute (IESS) does not provide economic means to workers whose continued assignment to work involving exposure to asbestos is found to be medically inadvisable and the information that the Ministry of Labour, through the Department of Work Placement, is responsible for offers of alternative employment to allow workers to maintain a suitable income. With reference to the requirement in this Article for the Government to make every effort, consistent with national conditions and practice, to provide workers concerned with other means of maintaining their income, the Government is requested to provide details regarding the efforts made in practice to find alternative employment for workers unable to pursue their work for medical reasons, including details regarding the types of employment offered and received and the salaries they have received, as well as to provide information on all other measures taken or envisaged to give effect to this provision of the Convention.