Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Occupational Cancer Convention, 1974 (No. 139) - Ecuador (Ratification: 1975)

Technical assistance. The Committee notes the Government’s statement that it would like to receive technical assistance with regard to the drafting of reports, legislation and issues raised in connection with the Convention. The Committee invites the Government to formally request technical assistance from the Office and to provide information on any developments in this respect.

Article 1(1) and (3) of the Convention. Determination of the carcinogenic substances and agents to be prohibited or made subject to authorization. Referring to its previous comments, the Committee notes that the Government provided information on the list of occupational diseases and related issues but did not reply to the question previously raised. However, it noted that the Government submitted some information on ionizing radiations. The Committee recalls that under Article 1(1) of the Convention, any Member ratifying this Convention shall periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and those to which other provisions of this Convention shall apply. The Committee also refers to Paragraphs 6–10 of the Occupational Cancer Recommendation, 1974 (No. 147). The Committee requests the Government to indicate whether there are carcinogenic substances and agents to which occupational exposure is prohibited or made subject to authorization or control, and the way in which these are periodically determined.

Article 2(2). Reduction to the minimum compatible with safety of the number of workers exposed to carcinogenic substances or agents and the length of such exposure. Referring to its previous comments, the Committee notes that, according to the report, there is no list as of yet of the enterprises where workers are exposed to carcinogenic substances or agents and the length of such exposure, except those contained in the Regulations on radiology safety. As from early July 2014 and subject to the establishment of an occupational health laboratory, it will be possible to establish threshold measurements. For the moment, there is no measuring equipment. The Committee requests the Government to adopt the necessary measures to give effect to this Article of the Convention, including the establishment of the list of enterprises for the purposes of checking the length of workers’ exposure to carcinogenic substances or agents.

Article 5. Medical examinations. Referring to its previous comments, the Committee notes that, according to the Government, the Andean Occupational Safety and Health Instrument advocates but does not specify such examinations and that section 11(4) of the Safety Regulations of Ecuador stipulates that workers engaged in hazardous work should undergo medical tests. The Committee recalls that, under this Article of the Convention, any Member ratifying this Convention shall take measures to ensure that workers are provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards. The Committee calls the Government’s attention to Paragraphs 11–14 of Recommendation No. 147, hoping that it might contribute towards a better understanding of this Article of the Convention. The Committee requests the Government to provide more detailed information on the legislation governing medical examinations during or after employment, with an indication of the areas of work covered, and especially on the application of these provisions in practice.