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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on Occupational Safety and Health, the Committee considers it appropriate to examine Conventions Nos 45 (underground work – women), 119 (guarding of machinery), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise, vibration) and 162 (asbestos) together.

Legislation related to Conventions Nos 119, 136, 139, 148 and 162. The Committee notes the Government’s indication that the Ministry will expedite the updating of the Regulation on occupational safety and health and the improvement of the work environment, adopted by Executive Decree No. 2393 of 17 November 1986, via the Inter-institutional Occupational Safety and Health Committee, working through technical working groups established with a view to complying with the provisions of the Convention. The Committee requests the Government to continue to provide information on progress in this respect.

Application in practice of Conventions Nos 119, 136, 139, 148 and 162. The Committee notes the general and sectoral information provided by the Government in its report on the number of inspection visits undertaken and the penalties imposed in relation to occupational safety and health (OSH). The Government reports that specialized OSH inspections are carried out and that, since 1 August 2022, it uses the OSH compliance checklists issued under Decision No. MDT-2022-044. The Committee also notes that in the period from October 2015 and June 2022, 6194 specialized OSH inspection visits were carried out: 188 between October and December 2015; 1383 in 2016; 749 in 2017; 637 in 2018; 836 in 2019; 941 in 2020; 1022 in 2021 and 438 between January and June 2022. This includes 46 inspections in hospitals, clinics and health centres, 13 in the oil refining and marketing sector, and 308 in the construction sector.

The Committee also takes note of the “National panorama of workers’ health: Survey of health and working conditions, 2021-2022”, a report of the Ministry of Public Health. The report shows that 358 work-related illnesses were reported in 2016; 170 in 2017 and 26 in 2018 and indicates that this under-reporting could result from health workers’ current incapacity to recognize the origin of pathologies, treating them simply as common diseases. Equally, in 2018, 79.8 per cent of risks associated with the most prevalent occupational diseases were ergonomic, 9.5 per cent corresponded to undetermined factors; and 6.3 per cent to physical hazards, such as noise, vibration and ionizing or non-ionizing radiation. The report also indicates that 15,918 employment injuries were recorded in 2018; 15,017 in 2019; and 10,275 in 2020. Regarding penalties imposed on employers for failure to comply with OSH standards from October 2015 to June 2022, the Government reports that 21 penalties were imposed, of which three were in the construction sector and two were in hospitals, clinics and health centres. In view of the sharp reduction in the number of cases of work-related illnesses reported, the Committee requests the Government to provide information on the reasons for this large reduction. The Committee also asks the Government to provide information on the application in practice of these Conventions, including (i) the number, nature and cause of the employment injuries and work-related illnesses reported indicating, where possible, the number of cases related to ionizing radiation, machinery, benzene, occupational cancer and asbestos; and (ii) inspection activities undertaken, and the number of violations identified and penalties imposed. Referring to its comments concerning Article 18 of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on the measures taken to ensure the provision of appropriate penalties, to ensure effective enforcement of and compliance with the national legislation giving effect to the ratified OSH Conventions.

A.Protection against specific risks

1.Guarding of Machinery Convention, 1963 (No. 119)

Articles 2(3) and (4) and 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the Government’s indication that the Regulations on occupational safety and health and the improvement of the work environment applies to all workplaces and all work activities by virtue of its section 1, and also to those persons listed in Article 4 of this Convention (the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor and their respective agents and the manufacturer). In this regard, the Committee recalls that the persons included under Article 4 of the Convention are responsible for the application of the provisions of Article 2 of the Convention and that the Government is required to ensure its application. However, the Committee observes that the Regulations in question do not establish the obligations of the persons covered by Article 4 of the Convention. The Committee urges the Government to provide information on the measures taken, including within the framework of the updating of the Regulations on occupational safety and health and the improvement of the work environment, to bring its legislation into conformity with this Convention.

2.Benzene Convention, 1971 (No.136)

Article 4(1) and (2) of the Convention. Prohibition of the use of benzene. The Committee notes the Government’s indication that the legislation in force contains no specific prohibition of the use of benzene. The Government indicates that (i) benzene is considered a hazardous chemical substance of chronic toxicity by virtue of Ministerial Decision No. 142 of 19 December 2012, establishing the national list of hazardous chemical substances, and that (ii) the employer shall, as rapidly as possible, programme the progressive replacement of hazardous substances by substitutes that are harmless or less harmful to workers, as set out in section 11(d) of the Andean Occupational Safety and Health Instrument (Decision No. 584), published in the Official Gazette of 15 November 2004. The Committee also notes that section 65(2) of the Regulations on occupational safety and health and the improvement of the work environment provides that substances that are recognized to be hazardous or toxic and which are employed in industrial processes shall be replaced wherever the industrial process so allows. The Committee requests the Government to continue to provide information on the measures taken to bring the national legislation into conformity with the provisions of the Convention, including the prohibition of the use of benzene and of products containing benzene in certain work processes.

Article 6(1), (2) and (3). Measures to prevent the escape of vapour, ceiling values allowed and methods of measurement. With regard to the escape of benzene vapour into the air, the Committee notes the Government’s indication that the ceiling value for benzene, ethylbenzene, toluene and xylene as a whole shall in no case exceed 80mg/m3, as established by Ministerial Decision No. 91, of 18 December 2006, which fixes the maximum permissible limits for emissions into the air from fixed sources for activities related to oil and gas. In this respect, the Government reports that, in order to assess the risks, account was taken of the technical parameters set out in the methodologies that are internationally accepted and recognized by the ILO, in instruments of other international institutions to which it is party, or in national regulations. The Committee requests the Government to clarify whether specific measures have been adopted or are envisaged to prevent the escape of benzene vapour into the air in premises where benzene, or products containing benzene are manufactured, handled or used.

Article 11(1) and (2). Pregnant women and young persons. With regard to pregnant women and nursing mothers, the Committee notes the Government’s indication that, by virtue of section 27 of the Andean Occupational Safety and Health Instrument, when activities normally performed by a woman worker become hazardous during pregnancy or nursing, the employer shall take the necessary measures to avoid the worker’s exposure to such risks, including by adapting the worker’s working conditions, and by temporary transfer to another work post compatible with the worker’s condition. Regarding young persons, the Committee notes that section 28 of the aforementioned Andean Instrument prohibits the recruitment of young persons under 18 years of age for hazardous or dangerous activities which could affect their normal physical and mental development. The Committee requests the Government to provide detailed information on the measures taken or envisaged to effectively ensure in practice that women medically certified as pregnant, nursing mothers and young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene.

3.Occupational Cancer Convention, 1974 (No. 139)

Article 1(1) and (3) of the Convention. Determination of the carcinogenic substances and agents to be prohibited or made subject to authorization. In its previous comments, the Committee noted the list of carcinogenic substances and agents identified in the first annex of the General Safety Regulations on occupational risks, published in the Official Gazette, Special Edition 632 of 12 July 2016, which includes asbestos, benzene and ionizing radiation, and other relevant legislation. In this respect, the Committee notes the Government’s indication that while not all carcinogenic substances and agents are prohibited, the products that can damage the central nervous system, the vision, the brain, and other organs of the human body, shall be subject to control and assessment by the relevant official entity of the Ecuadorian Standardization Service (INEN), by virtue of INEN Decision No. 2, of 16 January 1992. However, the Committee also notes that the Government provides no specific information on which carcinogenic substances and agents are prohibited or subject to authorization. The Committee once more requests the Government to indicate: (i) the list of carcinogenic substances and agents that are effectively prohibited; (ii) the list of carcinogenic substances or agents that are subject to authorization or control; and (iii) the manner in which such authorization or control is exercised. The Committee also requests the Government to provide information on the manner in which the list is periodically reviewed and the date of the latest review.

Article 2(2). Reduction to the minimum compatible with safety of the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure. The Committee notes that section 65 of the Regulations on occupational safety and health and the improvement of the work environment governs the period of exposure to contaminants, and that section 14 of the General Safety Regulations on occupational risks establishes, in a general manner, the technical parameters for assessing risk factors. In this connection, the Committee notes the Government’s indication that: (i) such administrative measures as the rotation of workers in work posts are applied to reduce exposure to occupational risk factors; and (ii) during the specialized OSH inspection visits, international protocols and methodologies for the prevention of occupational cancer have been adopted, such as the International Agency for Research on Cancer 2022 chemical agents exposure limits. The Committee requests the Government to provide specific information on: (i) the levels of exposure to carcinogenic substances or chemicals, including benzene, asbestos, ionizing radiations and any other substance or agent with carcinogenic properties, and (ii) the measures adopted or envisaged to guarantee that the duration and degree of exposure to carcinogenic substances or agents is reduced to the minimum compatible with workers’ safety, in conformity with Article 2(2) of the Convention.

Article 5. Medical examinations during or after the period of employment. The Committee notes that section 14 of the Andean Occupational Safety and Health Instrument establishes that workers shall undergo pre-assignment, periodic and retirement medical examinations, according to the risks to which they may be exposed in their work. The Committee requests the Government to provide more information on the retirement medical examinations, indicating whether they occur only at the moment of ending the employment relationship, or if they continue after the termination of employment in case they are necessary to assess the worker’s exposure or health status in relation to occupational hazards.

4.Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 6(2) of the Convention. Duty of employers to collaborate when undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that section 17 of the Andean Occupational Safety and Health Instrument and section 20 of the Safety Regulations for construction and public works regulate joint liability with regard to preventing occupational risks, and give effect to Article 6(2) of this Convention. In this connection, the Committee recalls that the duty to collaborate in order to comply with the prescribed measures goes beyond the joint liability derived from those requirements. The Committee once again requests the Government to provide 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 11. Medical examinations (pre-assignment and periodic) The Committee notes the Government’s indication that under section 14 of the Andean Occupational Safety and Health Instrument, employers shall be required to ensure that workers undergo pre-assignment, periodic and retirement medical examinations, according to the risks to which they may be exposed in their work, irrespective of the number of workers employed at the enterprises. In this regard, the Committee also notes that the Government reports that the Ministry of Labour monitors compliance with this provision, irrespective of the number of workers employed. The Committee notes this information, which responds to its previous request.

5.Asbestos Convention, 1986 (No. 162)

Article 21(4) of the Convention. Alternative employment and maintenance of income. The Committee notes the Government’s indication, which responds to its previous request regarding the implementation of the national legislation that gives effect to Article 21(4), that in the case of occupational accidents and work-related illnesses, the Ecuadorian Institute of Social Security (IESS) pays the corresponding benefits: (i) allowance; (ii) provisional pension; (iii) compensation; (iv) pension; and (v) widower’s benefit. In this regard, in 2020, six affiliates received an allowance for a work-related illness, and 11 received a provisional pension for temporary incapacity. The Committee notes this information, which responds to its previous request.

B.Protection in certain branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes the Government’s indication that the Regulation on occupational safety and health in the mining sector was adopted in 2020. The Committee also notes that the Government states that it will examine the possibility of denouncing the Convention, and requests ILO technical assistance with a view to the possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176).

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to take follow-up action to actively promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention.

The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th session (October-November 2018) to approve the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider the possibility of ratifying more up-to-date instruments in this area. In this respect, the Committee recalls that the Government may avail itself of ILO technical assistance. The Committee takes this opportunity to remind the Government that the 110th Session of the International Labour Conference (June 2022) included a safe and healthy working environment in the ILO’s framework of fundamental principles and rights at work, thus amending the ILO Declaration on Fundamental Principles and Rights at Work (1998). The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance with a view to bringing both the applicable law and practice into conformity with the fundamental Conventions on occupational safety and health and thus promote the ratification and effective application of those instruments.

[The Government is asked to reply in full to the present comments in 2024.]

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

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.

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

Legislation. Technical assistance. The Committee notes that, according to the Government’s report, no specific regulations and standard practices on the handling, use and monitoring of benzene have yet been drafted, and a meeting of the Inter-institutional Committee was to be convened to draft technical regulations for the use of benzene on 5 January 2014. The Committee notes the Government’s indication that it would like to receive technical assistance, given that the legislation is limited on the subject and that the required standards have not yet been reached, either in the technical area or with respect to monitoring. Consequently, the Committee invites the Government to formally request technical assistance from the Office and to provide information on all developments on this matter.

The Committee therefore requests the Government once again to adopt all the necessary measures in the very near future to give full effect to the provisions under the Convention, and in particular the provisions listed here below, and to provide information in this respect:

• -Article 2(1) of the Convention. 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.

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

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.

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

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:

Repetition

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that in its report the Government does not supply the information requested in the Committee’s previous comments and states that the Committee’s comments have been referred to the new authorities of the Directorate of Occupational Safety and Health so that they may provide the relevant responses. The Committee refers to the comments it has made this year on the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), in which it invites the Government to seek technical assistance from the Office for the preparation of reports and in relation to a number of issues pertaining to the occupational safety and health Conventions. The Committee again asks the Government to supply detailed information on the matters raised in the last observation (2006) on the application of this Convention.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report on the creation of a Centre for Technological Support to Industry (CATI). This is an Instituto Ecuatoriano de Norma-lización (INEN) programme that provides technological support to industry through specialized laboratories and specific testing for products, materials and metrology to enable enterprises to obtain quality certification for products and improve the quality of processes and products with a view to becoming more competitive. It also notes that the abovementioned Centre has drawn up a programme for the development of industrial quality certification and control laboratories.

2. 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.

3. 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, paragraph 1. Use of substitute products, where they are available, instead of benzene or products containing benzene;

–           Article 4, paragraphs 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, paragraphs 1, 2 and 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, paragraphs 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, paragraphs 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, paragraphs 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.

4. 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.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s latest report and the information communicated in response to its previous comments. It draws the Government’s attention to the following points.

1. With reference to its previous comments, the Committee notes the Government’s indication that the National Division on Occupational Risks, through the Industrial Hygiene Laboratory, has investigated over ten years into possible problems related to exposure to benzene in industrial branches where benzene is used as a solvent, like in the shoe, the chemical synthesis, the petrol and fuel, and the painting industry. The results, including those of the Province of Pichincha where the majority of the country’s chemical synthesis industry is located, showed that other solvents than benzene were used. The Government adds that the Ecuadorian Institute of Standardization (INEN), a unit attached to the Ministry of Foreign Trade, Industrialization, and Fishing Competitiveness, executes the technical standardization, which comprises the verification whether technical standards are complied with and the technical assessment of enterprises and industries in order to maintain or establish quality standards. To this effect, the National Directorate on Development and Quality Certification, controls the production and quality of products, in general, in order to avoid the ingestion and the absorption of products produced with toxic components and chemicals detrimental to health. When using products such as paint, the quality standard ISO 9000 is to be met in order to get the quality label INEN, which represents a product guarantee valid on national and international level. With regard to the application of the Convention, the Committee observes that, while noting the Government’s indication that a first draft of the Regulations concerning the use of benzene, taking into account the technical criteria set forth in the Convention, would be submitted for consideration to the Interinstitutional Commission on Occupational Safety and Health, which is a unit of the Ministry of Labour and Human Resources. The Regulations on the health and safety of workers and the improvement of the working environment of 1986, is still the only legislation applicable. The Committee is therefore bound to recall its previous comments in which it had pointed out that the above Regulations applying generally to corrosive, irritant or toxic substances are not sufficient to give effect to the Convention, if they are not made explicitly applicable to benzene or products the benzene content of which exceeds 1 per cent by volume.

In this respect and in view of the fact that Ecuador has ratified this Convention already in 1975, the Committee would like the Government to take the necessary measures as soon as possible to give effect to the provisions of the Convention ratified and to indicate the actual status of the draft Regulations concerning the use of benzene within the legal procedure. It therefore hopes that the above draft Regulations will be adopted in the near future and that they will give effect particularly to the following Articles of the Convention: Article 2, paragraph 1 (the obligation to use harmless or less harmful substitute substances, whenever they are available); Article 4, paragraphs 1 and 2 (the prohibition of the use of benzene or products containing benzene in certain work processes, including, at least, the use of benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where they 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, paragraphs  1 and 3 (measures to ensure prevention of the escape of benzene vapour into the air of places of employment; directions on carrying out the measurement of the concentration of benzene in the air); Article 7, paragraphs 1 and 2 (work processes involving the use of benzene generally, shall be carried out, as far as practicable, in an enclosed system and, if not practicable, the workplace shall be equipped with effective means to ensure the removal of benzene vapour); Article 8, paragraphs 1 and 2 (personal protective equipment against the risk of absorbing benzene through the skin and against the risk of inhaling benzene vapour when the concentration of benzene in the air exceeds the level of 25 parts per million established under the Convention and the limitation of the duration of exposure in the latter instance); Articles 9 and 10 (measures to provide for free pre-employment and periodic medical examinations of workers employed in work processes involving exposure to benzene or products containing benzene; these medical examinations shall include the blood analysis and biological examinations carried out under the responsibility of a qualified physician with the help of a suitable laboratory as well as shall be certified under the adequate form); Article 11, paragraphs 1 and 2 (the prohibition of 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 (measures to ensure that containers containing benzene are clearly marked with danger symbols); and Article 13 (provision of appropriate instructions to workers on measures to safeguard health and prevent accidents, as well as of appropriate action to be taken in the event of poisoning).

2. In addition, the Committee requests the Government to communicate additional information on the following points:

Article 6, paragraph 2. The Committee notes the Government’s indication that, while the Ministry of Labour and Human Resources does not have at its disposal the necessary equipment and material to sample and assess the exposure limits, reference is made to the limit values established by the American Conference of Governmental and Industrial Hygienists (ACGIH) whenever the country has not established its own limits. Since, in Ecuador, no research of this type exists, i.e. research on work involving workers’ exposure to benzene, the Government refers to the general provisions contained in the Regulations on the health and safety of workers and the improvement of the working environment of 1986, for corrosive, irritant or toxic substances. The Committee, referring to its above comments, hopes that the draft Regulations concerning the use of benzene will contain, once they are adopted, a provision fixing an exposure limit value for the concentration of benzene in the air of the places of employment which corresponds to the limit value recommended by the ACGIH.

Article 14( c). The Committee notes that the General Directorate of Labour and its subdirectorates are authorized by law to fix rules determining preventive mechanisms against occupational risks for the different industries through technical collaboration with the Department on Occupational Safety and Health which is the advisory body to the inspectors carrying out inspection activities. However, the collaboration between the Ministry and its attached units has not been carried out due to the fact that a research on work involving workers’ exposure to benzene does not exist in the country. In spite of this, the Committee would refer to the problems the Government revealed in its report in relation to the application of Article 6, paragraph 2, of the Convention, i.e. that Ministry of Labour and Human Resources does not have at its disposal the necessary equipment and material to sample and assess the exposure limits. It accordingly requests the Government to indicate the manner in which inspection activities are carried out to ensure an adequate supervision of the provisions of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes the information provided in the Government's latest report. It notes the Government's indication that a survey is currently being undertaken to determine the industries which use benzene for making products generally, in order to be able to efficiently monitor the situation and to determine the percentage of benzene used to make each article. It further notes with interest that the Minister of Labour is trying to elaborate regulations concerning the use of benzene exclusively, but that the list of industries making products containing benzene and using benzene is necessary for the drafting of these regulations. The Committee hopes that regulations specifically concerning the use of benzene will be adopted in the near future and that they will give effect to the following Articles of the Convention: Article 2, paragraph 1 (the substitution of harmless or less harmful substances whenever available for benzene and products containing benzene); Article 4, paragraphs 1 and 2 (the prohibition of the use of benzene and products containing benzene in certain work processes, including, at least, the use of benzene 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, paragraphs 1 and 3 (measures to ensure prevention of the escape of benzene vapour into the air of places of employment; directions on carrying out the measurement of the concentration of benzene in the air); Article 7, paragraphs 1 and 2 (work processes involving the use of benzene generally, shall be carried out, as far as practicable, in an enclosed system and, if not practicable, the workplace shall be equipped with effective means to ensure the removal of benzene vapour); Article 8, paragraphs 1 and 2 (personal protective equipment against the risk of absorbing benzene through the skin and against the risk of inhaling benzene vapour when the concentration of benzene in the air exceeds the maximum level of 25 parts per million and the limitation of the duration of exposure in the latter instance); Articles 9 and 10 (pre-employment and periodic medical examinations, involving no expense to the worker, for all workers employed in work processes involving exposure to benzene or products containing benzene; these examinations shall include blood tests and biological tests, shall be carried out under the responsibility of a qualified physician, with the assistance, where appropriate, of a competent laboratory, and shall be certified in an appropriate manner); Article 11, paragraphs 1 and 2 (the prohibition of 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 (the appropriate marking of containers holding benzene or products containing benzene); and Article 13 (workers shall be provided with appropriate instructions on measures to safeguard health and prevent accidents, as well as appropriate action to be taken in the event of poisoning).

2. Furthermore, the Government is requested to provide additional information, in its next report, on the following points:

Article 6, paragraph 2. The Committee notes the Government's indication that the Inter-Institutional Committee on Occupational Health and Safety has decided to use the threshold limit values established by the American Conference of Governmental and Industrial Hygienists (ACGIH) whenever such limits have not already been specifically established in the country. The Government is requested to indicate the measures taken to ensure that the limit set by the ACGIH (32 mg/m3 in the process of review for reduction) for concentrations of benzene in the air of places of employment is not exceeded, for example, by fixing this limit in the specific legislation envisaged.

Article 14(c). The Committee notes the Government's indication concerning the application of Article 6, paragraph 3, of the Convention that the Ministry of Labour does not presently have the equipment necessary to measure the concentration of benzene in the air of places of employment. In order to be able to supervise adequately the application of the provisions of the Convention, the inspection services called for under Article 14(c) of the Convention will need to have at their disposal certain equipment, in particular, for the measurement of the concentration of benzene in the air. The Government is requested to indicate the measures taken or envisaged to ensure that appropriate inspection is carried out in this regard.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. Further to its previous direct requests, the Committee notes that Decree No. 2393 of 13 November 1986 issuing regulations on the health and safety of workers and the improvement of the working environment, contains provisions on corrosive, irritant or toxic substances, which, according to the Government's latest report, give effect to the Convention. The Committee notes that the above-mentioned regulations contain provisions which would give effect to Articles 2, paragraph 1, 5, 6, paragraph 1, 7, 8, 12 and 13 of the Convention if they explicitly covered benzene and products the benzene content of which exceeds 1 per cent by volume. However, the Committee points out that, in the absence of any provision expressly establishing that benzene and products the benzene content of which exceeds 1 per cent by volume must be considered as corrosive, irritant or toxic substances for the purposes of the application of the above-mentioned regulations, the employers, the workers, the authorities responsible for enforcing the above regulations and the courts may not be clear as to the extent to which the relevant provisions of the regulations are applicable to benzene and products containing it. This lack of clarity may exist particularly in respect of products containing benzene, which are often known under their trade names (for example: solvents, glues, cements, paints, lacquers, etc.), which do not always disclose the presence of benzene, and may be considered by less informed persons as non-toxic. Consequently, the provisions of the above regulations which apply generally to corrosive, irritant or toxic substances are not sufficient to give effect to the Convention, if they are not made explicitly applicable to benzene or products the benzene content of which exceeds 1 per cent by volume. The Committee requests the Government to indicate in its next report the measures taken or under consideration to give full effect to the above provisions of the Convention on this point.

2. Furthermore, the Committee would be grateful if the Government would provide additional information in its next report, on the following points:

Article 4. The regulations on health and safety at work and the improvement of the working environment contain no provisions prohibiting the use of benzene or products containing benzene in certain work processes. Please indicate the measures taken or under consideration to give effect to this provision of the Convention.

Article 6, paragraph 2. Section 64 of the regulations provides that, in workplaces where corrosive, irritant or toxic substances are handled, they must not exceed the maximum values fixed by the Inter-Institutional Committee on Occupational Health and Safety. Please indicate the maximum concentration fixed for benzene by the above-mentioned Committee. The Committee notes the maximum values set out in CEPE standard No. SI-002. However, this standard applies only to the Ecuadorian State Petroleum Corporation and not to all the work processes involving exposure to benzene and products containing it.

Article 6, paragraph 3. Please indicate the directions applicable to all work processes involving exposure to benzene or products containing benzene, issued by the competent authorities, for carrying out the measurement of the concentration of benzene in the air of places of employment.

Articles 9 and 10. Please indicate the measures adopted or under consideration to prescribe pre-employment medical examinations and periodic re-examinations for all workers other than those employed by the CEPE who are to be employed in work processes involving exposure to benzene or products containing benzene, in accordance with the present Articles of the Convention.

Article 11. The Committee notes with the interest the Government's statement in its latest report, to the effect that the Ministry of Labour has requested the Inter-Institutional Committee to include work processes involving exposure to benzene among those to be prohibited for women and children of under 18 years by virtue of section 139 of the Labour Code. It hopes that, in its next report, the Government will be able to provide information on measures taken to this end. In this connection, the Committee recalls that the prohibition laid down by Article 11, paragraph 1 of the Convention covers only women medically certified as pregnant and nursing mothers. It notes the Government's observation to the effect that a provision prohibiting such work for all women would apply to the women mentioned above, but wishes to point out that a prohibition covering all women would exceed the requirements of the Convention and could prejudice the possibility for women to be employed in many work processes where benzene is liable to be used.

3. The Committee notes the statement contained in the latest report, to the effect that the possibility afforded by section 43 of the Labour Code to the General Director of Labour, of issuing regulations determining the preventive measures to be implemented in the various branches of activity, and of enforcing such measures in the meantime, has not been used in respect of benzene, as benzene is only used in the laboratories of the CEPE which applies its own preventive standards. In this connection, the Committee refers to its direct request of 1982 in which it pointed out that, under Article 1, the Convention applies to all activities involving the exposure of workers to the aromatic hydrocarbon benzene C6H6 and to products containing it and that the latter are used in many operations performed, for example, in dyeing establishments, garages and printing establishments, which undoubtedly exist in Ecuador. Consequently, the Government may wish to examine the possibility of issuing regulations providing for specific preventive measures to be implemented in all work processes involving exposure to benzene or products containing benzene, thereby giving effect, in particular, to the above-mentioned provisions of the Convention.