Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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.