Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

In 2010, the Committee noted that the Government had not provided the information requested and again asked it to provide detailed information in response to the direct request of 2006. The Committee notes that the Government’s report indicates once again that there has been a delay in the adoption of regulations on the use of benzene and that the technical standards are about to be updated. The Government also states that since benzene is not used in industries, no violations or results of any kind have been reported in the inspection visits carried out. The Government refers to the information it provided previously. The Committee points out that, having noted the information reiterated by the Government, it raised questions designed to seek clarification of some aspects of the application of certain Articles of the Convention for which further information is needed. Since the report supplied by the Government does not respond in detail to the Committee’s questions, it is bound to repeat its previous comments, which read as follows:

Article 5 of the Convention. Occupational hygiene and technical measures to ensure effective protection of workers exposed to benzene. The Committee notes that, in 2005, the Ministry of Labour and Employment approved the Occupational Safety and Health Institutional Policy and the Safety and Health Management System of the Ministry of Labour by means of Ministerial Order No. 000213 of 23 October 2002, which sets out the principles and objectives of the policy, as well as strategies and measures for the development of national law and practice to ensure effective implementation of its terms of reference. The Committee hopes that these strategies will be implemented in the very near future and requests the Government to provide information on progress in this matter.

The Committee notes that adoption of the draft regulations on the use of benzene has been delayed and that, as a consequence of this, the technical standards are now to be updated by the Inter-Institutional Committee and then sent to the tripartite National Labour Council so that it can acquaint itself with this vitally important matter and speed up adoption. The Committee hopes that the abovementioned draft regulations will be adopted in the near future and will give full effect to the provisions of the Convention, and especially:

• – Article 2(1). Use of substitute products, where they are available, instead of benzene or products containing benzene;
• – Article 4(1) and (2). Prohibition of the use of benzene or products containing benzene in certain processes, at least as a solvent or diluent, except where the process is carried out in an enclosed system or where there 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(1)–(3). Measures to prevent the escape of benzene vapour into the air of places of employment; measures to ensure that the concentration of benzene in the air of places of employment does not exceed a ceiling which shall be fixed by the competent authority at a level not exceeding 25 parts per million, and the establishment of appropriate standards for measuring the concentration of benzene in the air;
• – Article 7(1) and (2). Work processes involving the use of benzene or of products containing benzene to be carried out, as far as possible, in an enclosed system or, where this is not practicable, places of work to be equipped with effective means to ensure the removal of benzene vapour;
• – Article 8(1) and (2). Adequate means of personal protection against the risk of absorbing benzene through the skin or of inhaling benzene vapour, where its concentration in the air of the place of employment exceeds the ceiling of 25 parts per million; and the obligation to limit exposure as far as possible;
• – Articles 9 and 10. Pre-employment medical examinations and periodical re examinations at no cost to the workers to be undergone by all workers who are employed in work processes involving exposure to benzene or to products containing benzene; medical examinations to include blood tests and biological tests carried out under the supervision or with the assistance, as appropriate, of a competent laboratory; appropriate certification;
• – Article 11(1) and (2). Prohibition on the 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. Clearly visible danger symbols on any container holding benzene or products containing benzene;
• – Article 13. Appropriate measures to provide that any worker exposed to benzene or products containing benzene receives proper instructions on measures to safeguard health and prevent accidents, and on the appropriate action in the event of poisoning; and
• – Article 14. Procedures for the prevention of occupational risks and appropriate inspection.

Part IV of the report form. Application of the Convention in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied, including extracts of inspection reports and data on the number of workers covered by the Convention, if possible, disaggregated by gender and the number and nature of the infringements recorded.

The Committee again invites the Government to envisage the possibility of requesting technical assistance from the Office in drafting reports and addressing some of the matters raised in the occupational safety and health Conventions, and asks it to provide information on any needs that may arise in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.