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Noting that the Government’s report does not contain the information requested previously, 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 request technical assistance from the Office for the preparation of reports and for a number of issues pertaining to the occupational safety and health Conventions. The Committee again invites the Government to provide detailed information replying to the questions in the Committee’s observation of 2005 on the application of this Convention.

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

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1. The Committee notes the information provided in the Government’s report and wishes to draw its attention to the points raised on many occasions in its previous comments.

2. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Measures taken in the light of the knowledge available. The Committee notes the Government’s indication that the Ecuadorian Commission on Atomic Energy (CEEA) has given an undertaking to the International Atomic Energy Agency (IAEA) to amend the Regulations on radiological safety (RSR) of 1979 during the course of the technical assistance cycle 2005-06 with a view to bringing the national regulations into conformity with international standards on the maximum permissible dose limits for the exposure of workers adopted by the International Commission on Radiological Protection (ICRP) in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources established under the auspices of the IAEA, ILO, WHO and three other international organizations. The Committee requests the Government to take the necessary measures rapidly with a view to bringing its legislation into conformity with these provisions of the Convention with due consideration being given to the general observation of 1992 and to provide a copy of the amended regulations as soon as they have been adopted.

3. Article 7. Workers under the age of 18 directly engaged in radiation work. The Committee notes that section 3 of the Regulations on radiological safety of 1979 defines radiation areas as areas where the radiation doses may be higher than 5 mrem per hour and that this definition will also be amended during the course of the technical assistance cycle 2005-06 so that young persons under the age of 18 cannot be assigned to work involving exposure to ionizing radiations. It also notes the information that the CEEA does not authorize work permits for young persons under the age of 18 to perform work involving ionizing radiations or in "radiation areas". The Committee once again requests the Government to take the necessary measures rapidly and to provide it with a copy of the amended regulations as soon as they have been adopted.

4. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information that workers who, for medical reasons, can no longer work under conditions involving exposure to ionizing radiations may be granted compensation following classification as being affected by an occupational disease by the Ecuadorian Social Security Institute (IESS). In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the foregoing, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

5. Exposure during emergency situations. The Committee notes that exposure during emergency situations is regulated by the Manual on normal procedures and in cases of emergency, which requires the information on radioactive sources in the country to be updated. It also notes that this manual is prepared for each individual user and that it is regularly updated to ensure that it is in conformity with the international recommendations determining the admissible dose levels in cases of emergency. The Committee requests the Government to provide a copy of one of these manuals.

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The Committee takes note of the Government’s report in response to its previous comments. With reference to its previous comments, the Committee draws the Government’s attention to the need to adopt measures to give full effect to the following Articles of the Convention.

1. Article 1 of the Convention. The Committee notes the Government’s indication that tripartite consultations will be carried out, in accordance with the provisions of Convention No. 144, when new provisions concerning the application of the Convention are considered for adoption. The Committee therefore requests the Government to provide further information regarding any development in this respect.

2. Article 3, paragraph 1, and Article 6, paragraph 2. The Committee notes the Government’s indication that the Regulations on Radiological Safety of 8 August 1979 have not been modified yet. Nevertheless, according to the Ecuadorian Commission on Atomic Energy (CEEA), responsible for the elaboration of modifications to legislative texts concerning radiation protection in the light of the technical evolution, the recommendations issued periodically by the International Commission on Radiological Protection (ICRP) are applied in practice. The Committee requests the Government to indicate the manner in which it is ensured that the latest recommendations of the ICRP, and in particular the dose limits contained therein, are effectively enforced, since the dose limits for the exposure of the different categories of workers to ionizing radiation established under section 1 of the Regulations on Radiation Safety, 1979, do not reflect the dose limits recommended by the ICRP in 1990. In this respect, the Committee notes that the Government had already indicated in its report of 1996 that new regulations on radiation safety have been elaborated, together with the representatives of employers and workers. Recalling that Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, require the adoption of measures in the light of the current knowledge to give effect to the provisions of the Convention, the Committee hopes that the Government will adopt the above draft regulations to harmonize the national regulations concerning the maximum permissible dose limits for workers’ exposure with those adopted by the ICRP in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources developed under the auspices of the IAEA, ILO, WHO and three other international organizations.

3. Article 7. Further to its previous comments, the Committee refers again to the basic standards for radiation protection, issued by the CEEA, section 2.1.1(e), which prohibit categorically the employment of young persons under 18 years of age in work with radiation and in "radiation areas", in conformity with this Article of the Convention, whereas section 3 of the Regulations on Radiation Safety, 1979, prohibits the employment of young persons under 18 years of age in radiation areas, which are defined in the above Regulations as areas where the radiation doses might be higher than 5 m rem per hour. In view of the existing discrepancy, the Committee urges the Government to amend the Regulations on Radiation Safety, 1979, in order to ensure that young persons under 18 years of age indeed may not be engaged in work involving exposure to ionizing radiations.

4. Provision of alternative employment. With regard to measures to be taken to ensure the provision of alternative employment to workers who, for health reasons, are to discontinue their work involving ionizing radiations, the Committee notes the Government’s indication that there is still no system for offering alternative employment to the workers concerned. The Committee draws the Government’s attention to paragraph 32 of its 1992 general observation under the Convention underlining that the offer of suitable alternative employment opportunities to the workers concerned derives from the provision of Article 3, paragraph 1, of this Convention, according to which effective protection of workers must be ensured. In addition, the Committee again refers to the explanations provided under paragraphs 28-34 and 35(d) of its 1992 general observation under the Convention, as well as to the principles set out in paragraphs I.18 and V.27 of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. In the light of these indications, the Committee requests the Government to take the necessary measures to provide suitable alternative employment to workers who are, for health reasons, to discontinue radiation work, or to enable them to maintain their income otherwise through social security measures.

5. Exposure to emergency situations. The Committee notes that the Government refers to the Regulations on Radiation Safety, 1979, which focus on the rights of workers in the case of their overexposure following an accident. Referring again to the explanations provided under paragraphs 16-27 and 35(c) of the Committee’s 1992 general observation under the Convention, and to paragraphs V.27 and V.30 of the International Basic Safety Standards, the Committee requests the Government to supply additional information on the circumstances in which the exceptional exposure of workers may be authorized and the measures taken or envisaged to optimize the protection during accidents and emergency situations, in particular with regard to the design of protective features of the workplace and equipment, and the development of techniques whose use, during emergency interventions, would enable the exposure of persons to ionizing radiations to be avoided.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1.  Article 1 of the Convention.  The Committee noted in its earlier comments the lack of consultation of workers’ and employers’ representatives in the adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979. Referring also to its observation regarding the Convention, the Committee hopes that the Government will consult employers’ and workers’ representatives in the adoption of any new provisions issued to apply the Convention.

2.  Article 7.  In its previous comments, the Committee noted that section 2.1.1(e) of the Basic Standards for Radiation Protection, issued by the Ecuadorean Commission on Atomic Energy (CEEA) in 1986, provides that persons under 18 years of age shall be categorically prohibited from employment in work with radiation and in "radiation areas", in conformity with this Article of the Convention. Referring to Regulation 3 of the Regulations on Radiation Safety (No. 3640 of 1979), the Committee asked the Government to indicate the measures taken or envisaged to amend this regulation in order to make it clear in Regulation No. 3640 that persons under 18 years of age shall not be employed in any work involving exposure to ionizing radiation. The Committee hopes that the Government will take measures to this effect in the current revision of provisions on radiation protection.

3.  Provision of alternative employment.  The Committee notes the Government’s indications to the effect that there is no machinery for offering alternative employment to workers who are medically advised not to continue employment in which the work involves exposure to ionizing radiation. Referring to the explanation set out in paragraphs 28 to 34 and 35(d) of its 1992 general observation, and to the principles laid down in paragraphs 96 and 238 of the Basic International Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, the Committee requests the Government to supply information on the measures envisaged to ensure effective protection of workers having accumulated an effective dose beyond which they run an unacceptable risk and who may for this reason have to choose between sacrificing their health and losing their employment.

4.  Exposure in emergency situations.  Referring to the explanations in paragraphs 16 to 27 and 35(c) of its 1992 general observation and to paragraphs 233 and 236 of the 1994 Basic International Safety Standards, the Committee requests the Government to supply information on the measures taken or contemplated for such situations.

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

The Committee notes the information supplied by the Government in its reports of October 1994 and 1996. It also notes the observations made by the Central Ecuatoriana de Organizaciones Clasistas (Ecuadorian Central of Class Organizations) to the effect that provisions on radiation protection should be updated in the light of new knowledge. The Committee notes in this respect the Government’s indications that new regulations on radiation safety have been prepared with employers’ and workers’ representatives. The Committee hopes that the Government will soon report the provisions which have been adopted and are applicable to all activities involving exposure of workers to ionizing radiations in the course of their work and in accordance with the dose limits mentioned in its general observation of 1992, in the light of current knowledge, such as that contained in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and the Basic Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, developed under the auspices of the IAEA, ILO and WHO, and three other international organizations, which are based on the ICRP Recommendations.

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

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1. Article 1 of the Convention. The Committee noted in its earlier comments the lack of consultation of workers' and employers' representatives in the adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979. Referring also to its observation regarding the Convention, the Committee hopes that the Government will consult employers' and workers' representatives in the adoption of any new provisions issued to apply the Convention.

2. Article 7. In its previous comments, the Committee noted that section 2.1.1(e) of the Basic Standards for Radiation Protection, issued by the Ecuadorean Commission on Atomic Energy (CEEA) in 1986, provides that persons under 18 years of age shall be categorically prohibited from employment in work with radiation and in "radiation areas", in conformity with this Article of the Convention. Referring to Regulation 3 of the Regulations on Radiation Safety (No. 3640 of 1979), the Committee asked the Government to indicate the measures taken or envisaged to amend this regulation in order to make it clear in Regulation No. 3640 that persons under 18 years of age shall not be employed in any work involving exposure to ionizing radiation. The Committee hopes that the Government will take measures to this effect in the current revision of provisions on radiation protection.

3. Provision of alternative employment. The Committee notes the Government's indications to the effect that there is no machinery for offering alternative employment to workers who are medically advised not to continue employment in which the work involves exposure to ionizing radiation. Referring to the explanation set out in paragraphs 28 to 34 and 35(d) of its 1992 General Observation, and to the principles laid down in paragraphs 96 and 238 of the Basic International Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, the Committee requests the Government to supply information on the measures envisaged to ensure effective protection of workers having accumulated an effective dose beyond which they run an unacceptable risk and who may for this reason have to choose between sacrificing their health and losing their employment.

4. Exposure in emergency situations. Referring to the explanations in paragraphs 16 to 27 and 35(c) of its 1992 General Observation and to paragraphs 233 and 236 of the 1994 Basic International Safety Standards, the Committee requests the Government to supply information on the measures taken or contemplated for such situations.

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The Committee notes the information supplied by the Government in its reports of October 1994 and 1996. It also notes the observations made by the Central Ecuatoriana de Organizaciones Clasistas (Ecuadorian Central of Class Organizations) to the effect that provisions on radiation protection should be updated in the light of new knowledge. The Committee notes in this respect the Government's indications that new regulations on radiation safety have been prepared with employers' and workers' representatives. The Committee hopes that the Government will soon report the provisions which have been adopted and are applicable to all activities involving exposure of workers to ionizing radiations in the course of their work and in accordance with the dose limits mentioned in its general observation of 1992, in the light of current knowledge, such as that contained in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and the Basic Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, developed under the auspices of the IAEA, ILO and WHO, and three other international organizations, which are based on the ICRP Recommendations.

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I. The Committee notes the information contained in the Government's report in reply to its previous direct request as well as the adoption of a series of safety guidelines concerning exposure to radiation. The Government is requested to provide further information on the following points:

1. Article 1 of the Convention. The Committee notes the Government's statement in its report that, while workers' and employers' representatives were not consulted in the drafting and adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979, consultation could be considered to be held by the mere fact that these Decrees were based on the provisions of the Convention which was drafted and adopted on a tripartite basis at the highest level of international representation. The Committee would recall, however, that this Article of the Convention specifically provides that, in applying the provisions of the Convention, the competent authority shall consult with representatives of employers and of workers. The Committee notes from the Government's report that the safety guidelines elaborated by the Ecuadorian Commission of Atomic Energy are presently being revised. As several of these guidelines concern the direct application of the provisions of the Convention, the Government is requested to indicate the manner in which representatives of employers and workers are consulted in their elaboration.

2. Article 7, paragraphs 1(b) and 2. In its previous comments, the Committee had noted that Regulation 3 of the Regulations on Radiation Safety (No. 3640 of 1979) prohibited the work of persons under 18 years of age in "radiation areas" where the exposure level of radiation doses might be greater than 5 m rem/hr. The Committee noted that this Regulation would not be sufficient for the application of this Article of the Convention as it would appear to permit persons under the age of 18 to be employed in work involving exposure to ionising radiation which could be over 5 rems per year, even if the level of exposure involved would not exceed 5 m rem/hr. It recalled that paragraph 1(b) of Article 7 called for maximum doses of exposure to ionising radiations to be fixed for persons under 18 years in the light of current knowledge (eg., three-tenths of the maximum permissible doses for adults) and that paragraph 2 called for the prohibition of employment of young persons under 16 years of age in all work involving exposure to ionising radiations. According to the definition in the Regulations, however, the non-radiation areas could have levels of radiation as high as 5 rems (50 mSv) per year which is equivalent to the maximum permissible dose for adults under the national regulations.

The Committee notes with interest that section 2.1.1.e. of the Basic Standards for Radiation Protection, issued by the Ecuadorian Commission on Atomic Energy (CEEA) in 1986, provides that persons under 18 years of age shall be categorically prohibited from employment in work with radiation and in "radiation areas", in conformity with Article 7 of the Convention. The Government is requested to indicate the measures taken or envisaged to amend Regulation 3 of the Regulations on Radiation Safety in the same manner in order to clarify that persons under 18 years of age shall not be employed in any work involving exposure to ionising radiation.

3. The Committee notes that, under Regulations 117 and 122 and section 2.1.3 of the Basic Standards for Radiation Protection, every person who is accidentally exposed to an excessive dose of radiation has the right to special payments until his or her recuperation and that, if the employer can no longer use the worker's services because of this excessive exposure, the contract will be terminated and special indemnities will be granted, as long as the worker can prove that the excessive exposure was the employer's fault for not maintaining adequate conditions. The Government is referred to paragraphs 28 to 34 of the Committee's General Observation under this Convention and requested to indicate whether any measures have been taken or are envisaged to ensure that alternative employment is provided for workers for whom it is medically inadvisable to continue employment in work involving exposure to ionising radiations.

II. The Committee would call the Government's attention more generally to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

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The Committee notes the information contained in the Government's report in reply to its previous direct request on Article 14 of the Convention. It requests the Government to provide further information on the following points.

Article 1 of the Convention. The Committee notes from the Government's report that consultations with representatives of employers' and workers' organisations do not appear to have been held during the drafting and adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979. The Committee recalls that this Article of the Convention requires consultation in the application of the provisions of the Convention and therefore hopes that in the future all measures in this regard will be taken in consultation with representatives of employers and workers in accordance with the Convention.

Article 7, paragraphs 1(b) and 2. The Committee notes that section 3 of the Regulations on Radiation Safety, No. 3640 of 1979, prohibits the work of persons under 18 years of age in "radiation areas". A "radiation area" is defined in the Regulations as a restricted area where the exposure level to radiation doses may be greater than 5 m rem/h.

In regard to Article 7, paragraph 1(b) of the Convention, the Committee recalls that maximum permissible dose levels are to be fixed in light of current knowledge for workers under the age of 18 years and that according to the recommendations of the International Commission on Radiological Protection and the ILO Code of Practice for the Radiation Protection of Workers (Ionising Radiations), persons between 16 and 18 years of age should only work in areas where it is most unlikely that the exposure level would exceed three-tenths (1.5 rems) of the dose limit. Therefore, even though workers under 18 years are prohibited from radiation areas it appears they may still be exposed to radiation doses greater than three-tenths of the dose limit during the course of their work, as no other provision exists which fixes an appropriate maximum permissible dose level for this category of workers.

In regard to Article 7, paragraph 2 of the Convention, the prohibition to work in radiation areas set out in section 3 of the Regulations would also be insufficient to apply this provision of the Convention because as described above it does not prohibit persons under the age of 16 years from engaging in work involving any exposure to ionising radiations as required by the Convention. The Committee notes the Government's statement that section 139 of the 1978 Labour Code also applies this provision of the Convention as it prohibits the employment of minors in certain dangerous and unhealthy activities and as work involving ionising radiations would be considered a dangerous and unhealthy activity pursuant to the prohibition prescribed in section 3 of the said Regulations on Radiation Safety. As indicated above, section 3 of the said Regulations does not give full effect to this provision of the Convention, therefore work involving ionising radiations would need to be expressly included in the list of dangerous and unhealthy activities for section 139 of the Labour Code to fully apply the Convention.

The Committee hopes that the Government will take the necessary measures to fix maximum permissible exposure levels in accordance with Article 7, paragraph 1(b) of the Convention, and to prohibit workers under the age of 16 from work involving any exposure to ionising radiations in accordance with Article 7, paragraph 2 and that the Government will indicate the progress made in this regard in its next report.