Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has requested, on several occasions, that the Government adopt the necessary measures to give effect to a certain number of Articles of this Convention. The Committee notes with regret that the Government has not yet provided the requested information, and it must therefore reiterate its previous request. Moreover, the Committee recalls that when a member State ratifies a Convention, it is obliged to adopt all the necessary legislative, regulatory and practical measures to give effect to the provision of the Convention. Therefore, the Committee urges the Government to adopt the aforementioned measures and thus give effect to the Articles concerning which detailed information has been requested on repeated occasions.

Article 6, paragraph 2, of the Convention. The Committee notes the indication in the Government’s report that no cases have been registered where two or more employers undertake activities simultaneously at one workplace but that, if such cases were to arise, the Ecuadorian Social Security Institute (IESS) and the Ministry of Labour would establish the responsibilities with respect to each employer. The Committee would recall that the possibility of two or more employers undertaking activities simultaneously at the same workplace may occur in a variety of circumstances, for example construction sites. In such instances, there should be a duty for the employers to collaborate in order to better comply with prescribed safety and health measures, without prejudice to their individual responsibility for workers’ health and safety. The Government is, therefore, requested to indicate the manner in which it is ensured that employers collaborate with one another with respect to workers’ safety and health whenever they may undertake activities simultaneously at the same workplace.

Article 8, paragraphs 1 and 3. (a) Air pollution. In its previous comments, the Committee notes that, under section 63 of the Safety and Health Regulations, exposure limits for corrosive, irritating and toxic substances were to be established by the Inter-Institutional Committee on Occupational Safety and Health. In its latest report, the Government has indicated that the Inter Institutional Committee is presently drafting a proposal to adopt the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. The Government is requested to indicate, in its next report, the progress made in this regard.

(b) Vibration. The Committee notes the Government’s indication that the Inter-Institutional Committee is preparing standards with respect to vibrations. The Government is requested to indicate, in its next report, any criteria established for determining the hazards of exposure to vibration.

Article 10. In its previous comments, the Committee requested the Government to indicate whether any guidelines or instructions had been established concerning the type of personal protective equipment (e.g. double layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc.) to be provided to workers exposed to vibration. In its latest report, the Government has indicated that the Inter-Institutional Committee has proposed elaborating relevant standards for the protection of workers against hazards due to vibration. The Government is requested to indicate any progress made in this regard and to keep the Office informed of any guidelines or instructions established concerning the type of personal protective equipment to be provided to workers exposed to vibration by virtue of section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986).

Article 11, paragraph 1. In its previous comments, the Committee noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and to excessive noise. The Government is requested to indicate the measures taken to ensure that workers who may be assigned to work involving exposure to air pollution, noise or vibration are provided with medical examinations prior to their assignment to such work and to indicate the periodicity determined by the competent authority for the medical examinations to be provided to workers exposed to air pollution or to vibration.

Article 12. In its previous comments, the Committee notes that section 6(2) of the Safety and Health Regulations provided that a technical study of the safety and health issues relevant to a proposed process must be undertaken and that the engineering proposal must include the procedures necessary to counter the occupational risks involved. In its latest report, the Government has indicated that the feasibility studies include a detailed layout of the procedures to be taken to ensure industrial safety, as well as the machinery and equipment to be used. Furthermore, the Government proposes to establish a coordinating mechanism between the Occupational Safety and Health Department of the Ministry of Labour and the Ministry of Industry in order to ensure greater control over dangerous processes, substances and equipment. The Government is requested to indicate any measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authority.

[The Government is requested to report in detail in 2002.]