Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Ecuador (Ratification: 1978)

Article 4 of the Convention. Measures for the prevention and control of occupational hazards due to air pollution, noise and vibration. Article 5. Cooperation between employers and workers. Article 11. Periodical medical examinations. Workers in the telephony sector. In its previous comments the Committee asked the Government to consult employers and workers as provided for in Article 5 of the Convention with regard to the measures for prevention and protection referred to in Article 4 which apply in the telephony sector, and to provide information on such consultations as well as on measures taken or contemplated. The Committee also asked the Government to provide information on the medical examinations conducted for workers in the sector, indicating their frequency and providing information on their results. The Committee notes the Government’s statement that, in accordance with the report of the Directorate for Occupational Safety and Health and with regard to reducing the length of the working day in the telephony sector, the sectoral committees were assisted by a safety and health team in defining a working day of seven hours, with the option of reviewing the situation. The Committee draws the Government’s attention to the fact that this is a case which it has been dealing with for many years and that, in order to assess whether effect is being given to these Articles in the sector concerned, it is essential that it receives information on the manner in which the application of the abovementioned Articles is ensured in practice. The Committee again requests the Government to supply information on the application of the abovementioned Articles, indicating the action taken by the labour inspectorate in the telephony sector in relation to these Articles of the Convention and the results achieved, so that it can assess whether the measures taken have resulted in improvements for the workers in this sector.

In its observation of 2010, the Committee once again noted with regret that, despite asking the Government to reply in detail to the comments made, the Government’s report was a general summary and, in the absence of further information from the Government, the Committee was unable to assess the importance of the additional information from various sources which was attached to the Government’s report. It pointed out that, in some cases, the information requested did not come within the competence of the unit concerned. The Committee indicated that coordination is necessary both to apply the occupational safety and health (OSH) Conventions and to prepare the respective reports and that, regardless of the internal distribution of competencies, the responsibility for submitting the reports lies with the Government. As a result of the various issues mentioned, the information available did not enable the Committee to assess whether the national law and practice give effect to the obligations deriving from the Convention. However, the Committee noted that certain efforts were being made with regard to OSH in the country. The Committee asked the Government to compile the information requested by the Committee in its previous comments and to reply in detail to the questions posed in 2009. The Committee also asked the Government to contemplate the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to the questions raised in relation to the OSH Conventions. The Committee notes that the Government once again has submitted a brief report which does not reply to the questions raised by the Committee. The Committee is therefore bound to repeat its comments of 2009, which read as follows:

Article 6(2). Requirement for employers to cooperate in applying prescribed measures. The Committee notes that the Government merely refers to its previous report without answering the question raised by the Committee. It reminds the Government that under this Article, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures and that, in appropriate circumstances, the competent authorities shall prescribe general procedures for this collaboration. The Committee asks the Government to provide information on the manner in which it ensures compliance in law and in practice with the duty to collaborate laid down in this Article and, if necessary, to prescribe the procedures for such collaboration.

Article 8(1) and (3). Air pollution and vibration. For several years the Committee has been asking the Government provide information on the establishment, by the Inter-Institutional Committee on Occupational Safety and Health, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards established for such substances by the American Conference of Governmental Industrial Hygienists. The Committee notes that according the Government, Ecuador has regulated maximum permissible limits of exposure only for asbestos and for all other cases, they apply international standards. The Committee requests the Government to indicate which international standards it applies, and submit a copy of the legal provisions providing for the application of these standards. Please also provide documentation on the criteria currently used to define the risks of exposure to air pollution and vibration in the workplace, and the exposure limits, as well as on the manner in which these criteria and limits are supplemented and revised in practice, together with relevant documentation.

Article 10. Exceeding exposure limits and protective equipment. The Committee once again notes that the Government has not sent the information requested. It invites the Government to indicate the methods prescribed for determining whether the limits specified in pursuance of Article 8 are exceeded and to specify the guidelines or instructions on the type of personal protective equipment to be provided to the workers exposed should these limits be exceeded.

Article 11. Medical examinations (pre-assignment and periodical). Please provide information on measures taken, in law and in practice, to regulate how these examinations are carried out and that periodicity.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee repeats its request to the Government for information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authorities.

Part IV of the report form. Application in practice. Please provide general information on the manner in which the Convention is applied, together with extracts from inspection reports with an indication of the number and nature of infringements detected in connection with the Convention, including in the telephone sector. Please also provide reports prepared pursuant to the Andean Occupational Safety and Health Instrument that may be relevant, to enable the Committee to ascertain more fully the extent to which the Convention is applied.

In general, the Committee notes that although it has asked the Government to reply in detail to its comments of 2006, the information sent by the Government is summary and general in nature. The Committee also notes that the type of reply sent by the Government does now allow it to resolve the application of the issues that it has been raising for several years. The Committee requests the Government to reply in detail to the present comments attaching copies of the legislative provisions, and to provide examples that illustrate the assertions it makes in its report. The Committee draws the Government’s attention to the fact that it may seek technical assistance from the Office should it deem this necessary.

The Committee again requests the Government to contemplate the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to questions raised in relation to the OSH Conventions, and to supply information on any needs that may arise in this regard.

[The Government is asked to reply in detail to the present comments in 2013.]