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

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

Article 6(2) of the Convention. Duty of employers to collaborate when undertaking activities simultaneously at one workplace. The Committee notes the information provided by the Government in its report. However, the Committee observes that the specified sections of the Labour Code of 16 December 2005 and the Regulations on occupational safety and health and improvement of the working environment (OSH Regulations), adopted by Decree No. 2393 of 19 November 1986, do not give full effect to this Article of the Convention, which refers specifically to collaboration between employers to comply with the prescribed OSH measures, without prejudice to the responsibility of each employer for the health and safety of his employees. The Committee notes in particular that section 41 of the Labour Code refers to the joint responsibility of employers, which is different from the collaboration required by this Article, which is primarily of a preventive nature. Section 434 of the Labour Code generally provides for the obligation to draw up safety and health regulations in every workplace, but does not prescribe any method of collaboration between employers. Furthermore, the sections of the OSH Regulations referred to in the Government’s report establish general obligations for employers and do not impose the duty of collaboration within the meaning of this Article. The Committee requests the Government to provide more detailed information on the measures taken or envisaged to ensure full compliance with the duty of collaboration laid down by this Article and, where applicable, to establish the general procedures according to which this collaboration is to take place.

Article 8(1) and (3). Air pollution and vibration. In its previous comments, the Committee noted that the Government was establishing such limits by adopting the standards established in this respect by the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee notes that the Government does not provide in its report the requested information on limits for exposure to air pollution and vibration. The Committee once again requests the Government to provide a copy of any legal provision which sets the limits established by the ACGIH and to indicate the manner in which such limits are periodically revised, in accordance with this Article of the Convention.

Article 10. Exceeding exposure limits and protective equipment. The Committee notes the information sent by the Government in its report concerning guidelines or instructions relating to personal protective equipment that must be provided to workers where exposure limits are exceeded. However, the Committee observes that no information has been provided on the methods prescribed for determining whether such limits have been exceeded. The Committee once again requests the Government to indicate the methods prescribed for determining whether the limits specified under Article 8 are exceeded.

Article 11. Medical examinations (pre-assignment and periodic). The Committee notes the information supplied by the Government, particularly the Regulations concerning the functioning of health services in enterprises, adopted by Ministerial Decision No. 1404 of 17 October 1978, which is applicable to both public and private enterprises in all branches of economic activity. Section 11(2) of the aforementioned Regulations includes the following as duties of occupational doctors: carrying out preventive annual medical examinations and health checks on all workers, and performing special examinations in the case of high-risk work, at either six-month or shorter intervals, as required. The Committee notes that the provisions of the Regulations are not binding for enterprises employing fewer than 100 workers, except in cases where the Ministry of Labour decides otherwise. The Committee requests the Government to provide detailed information on the manner in which the specified provisions are applied in practice and on the manner in which the Ministry of Labour determines which enterprises employing fewer than 100 workers are covered by the Regulations.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee notes the information provided by the Government indicating that section 11 of the OSH Regulations establishes the general obligation of employers to notify any reports on risk prevention that they receive to the OSH Committee. Recalling that this Article refers to notification to the competent authorities, the Committee requests the Government to indicate the measures taken or contemplated 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.

Technical assistance. The Committee notes the Government’s indication that it will request technical assistance from the Office with respect to all OSH Conventions and with regard to the revision and preparation of the new OSH Regulations and the revision of the sectoral OSH Regulations.