Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s last report as well as the information supplied by the Government in response to its previous comments. It would draw the Government’s attention to the following points.

1. Article 3, paragraph 1, Article 6, paragraph 1, and Article 16 of the Convention. The Committee notes the Government’s indication that the draft regulations on the use of asbestos in safe conditions is still before the Ministry of Labour, where it is being examined in depth together with the specialized organs like the tripartite Inter-Institutional Commission on Safety and Health, in order to ensure that the text of the regulation is in full conformity with the spirit of the respective international standards. The Committee hopes that the draft regulation on the use of asbestos in safe conditions will be adopted in the near future to ensure effective protection of workers exposed to asbestos in the course of their work. Besides, the Government refers to the provisions contained in the Safety and Health Recommendations for the Occupational Use of Asbestos of the Ecuadorian Institute of Social Security (IESS), revised in 1993, which provides for exposure limits and prohibitions (point 2) and technical prevention measures (point 6). In this respect, the Committee notes article 427 of the Labour Code, according to which all enterprises subject to the provisions on occupational safety have, inter alia, to comply with the provisions laid down by the IESS. Hence, the Committee understands that the above recommendations, issued by the IESS, have a legally binding effect. It nevertheless requests the Government to confirm their legal binding character.

2. Article 5, paragraph 1. The Committee notes the Government’s indication that the responsible department of the Ministry of Labour maintained its inspection activities within its possible limits, and that the number of inspections have not decreased. In addition, the National Department of Occupational Safety and Hygiene, together with the headquarters of Occupational and Socio-Medicine of the IESS, maintains inspections, registers and other data in order to effectively meet the requirements of this Convention and thus to protect the workers working in the area covered by the Convention. The Committee further notes the information contained in a communication of the IESS, annexed to the Government’s report, concerning inspections of small premises in the sector of the automobile industry. The Committee, taking due note of this information, requests the Government to explain more precisely the responsibilities of the above-indicated bodies and to indicate whether sufficient inspections are carried out in all enterprises where workers are exposed to asbestos in the course of their work to ensure effective enforcement of and compliance with the provisions of the Convention.

3. Article 9(a) and (b). The Committee notes the Government’s indication that the Safety and Health Recommendations for the Occupational Use of Asbestos of the IESS and the Regulations for the Safety and Health of Workers and the Improvement of the Working Environment, 1986, are currently the only regulations with regard to the requirements set forth by this Article of the Convention. The Government, however, considers that the adoption of the regulations on the use of asbestos in safe conditions will contain more suitable provisions to respond to the requirements laid down in this Article of the Convention. The Committee therefore hopes that the draft regulations on the use of asbestos in safe conditions will be adopted in the near future, prescribing both adequate engineering controls, i.e., control measures, including isolation, enclosure ventilation, and work practices, including workplace hygiene and special rules and procedures, including authorization, for the use of asbestos.

4. Article 10(b). The Committee notes again point 6.1 of the Safety and Health Recommendations for the Occupational Use of Asbestos, providing for the replacement of asbestos or of certain types of asbestos or products containing asbestos by other materials whenever technically possible. The Government adds that asbestos in great quantity is only used in the fabrication of pipes and iron boards for roofs and that asbestos used for these purposes is enclosed so that the particles of asbestos cement cannot be inhaled or released. The Committee requests the Government to indicate whether there exists a provision prescribing the total or partial prohibition of the use of asbestos or products containing asbestos in certain work processes. If this is not the case, the Committee invites the Government to consider the introduction of such a provision into the draft regulation on the use of asbestos in safe conditions.

5. Article 17, paragraphs 1 and 2. As to the administrative measures to be taken regarding the demolition of plants or structures containing friable asbestos insulation materials, the Government refers to points 6.2-6.9 of the Recommendations for the Occupational Use of Asbestos. The Committee, however, states that points 6.2-6.9 of the Recommendations merely concern general technical preventive measures and do not specifically refer to demolition work. The Committee further notes the Government’s indication that the future regulation on the use of asbestos in safe conditions will contain appropriate provisions applicable to demolition work in accordance with the provisions laid down in Article 17 of the Convention. It therefore reiterates its hope that the above draft regulation will be adopted soon.

6. Article 21, paragraph 4. The Committee notes the Government’s indication that it is currently not possible to offer an economic support to affected workers, since the social security system of Ecuador still faces serious economic restrictions. The Committee, while hoping that the restrictions in the social security system will be overcome soon, draws the Government’s attention to the fact that Article 21, paragraph 4, of the Convention does not exclusively call for social security benefits to be offered to workers concerned, but also for the provision of suitable alternative employment opportunities for workers whose continued assignment to work involving exposure to asbestos is contra-indicated for medical reasons, which constitutes a general principle of occupational safety and health. The Committee accordingly invites the Government to take the appropriate measures in this regard.