Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 2(1) of the Convention (replacement of benzene or products containing it with harmless products); Article 5 (preventive occupational hygiene and technical measures); Article 7(1) and (2) (work processes involving the use of benzene to be carried out in an enclosed system or places of work equipped with effective means to ensure removal of benzene vapour); Article 8(1) and (2) (adequate means of personal protection against the risk of absorbing benzene through the skin and against the risk of inhaling benzene vapour, and limitation of exposure); Articles 9 and 10 (medical examinations); Article 12 (adequate marking of containers holding benzene or products containing benzene); Article 13 (instructions to workers on precautions to safeguard health and prevent accidents); and Article 14 (measures to give effect to the Convention and appropriate inspection). The Committee notes the information provided in the Government’s report on the legislation relating to these Articles. The Committee requests the Government to provide information on any amendments to the relevant legislation, and detailed information on the application of these Articles in practice.

Article 4(1) and (2). Prohibition of the use of benzene. The Committee notes the information supplied by the Government on certain prohibitions concerning employers, the handling of dangerous materials, and storage, handling and work in depots of inflammable materials. The Committee notes, however, that these standards are of a general nature and do not give full effect to this Article of the Convention. The Committee reminds the Government that, according to this Article, the prohibition of the use of benzene or products containing benzene in certain work processes to be specified by national laws or regulations, must be specific and include the determinations set by the Government taking into account Article 4(2). The Committee requests the Government to take the necessary measures to give effect to this Article of the Convention and to provide information on all developments in this regard.

Article 6(1), (2) and (3). Measures to prevent the escape of vapour, ceiling values allowed and methods of measurement. The Committee notes the information provided by the Government from which the Committee infers that there are measures of a general nature that serve to prevent the escape of benzene vapour and control concentrations of benzene. The Committee nonetheless observes that the Government has provided no information on the maximum allowable concentration of benzene fixed by the competent authority, which may not exceed a ceiling value of 25 parts per million (80 mgs/m3), or on the method of measuring the concentration of benzene, in accordance with the provisions of Article 6(2) and (3) of the Convention. The Committee requests the Government to provide information on the maximum allowable level of concentration of benzene in the air and the method to be used to measure it, as fixed by the competent national authority.

Article 11(1) and (2). Pregnant women and young persons. With regard to the prohibition laid down in Article 11(1) of the Convention, concerning pregnant women and nursing mothers, the Committee notes that in its report the Government refers only to the general protection of pregnant women provided for in the Constitution, but communicates no legislation establishing that women medically certified as pregnant and nursing mothers shall not be employed in work processes involving exposure to benzene or products containing benzene, as required by this Article of the Convention. With regard to young persons under 18 years of age, the Committee notes the specific forms of dangerous, harmful or hazardous work that are prohibited for young people who are allowed by law to work, approved by Resolution No. 16 of the National Council for Children and Young People, of 18 August 2008. The Committee observes, however, that from the list provided it is not possible to determine whether young people under 18 years of age are actually prohibited from working in processes that involve exposure to benzene or products containing benzene. The Committee requests the Government to provide more specific information on the manner in which it is ensured in law and in practice that nursing mothers and young person under 18 years of age may not be employed in work processes that involve exposure to benzene or products containing benzene.