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

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

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

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

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

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

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

The Committee notes the Government’s brief report which includes copies of three internal safety and health regulations of the enterprises Adelca, Mezclalista and Baker Hughes Incorporated, apparently adopted pursuant to Ministerial Resolution No. 219 of 2005, and other information from various sources. Further to the comments that it has made for several years, the Committee once again notes with regret that, despite asking the Government to reply in detail to the comments made, the Government’s report is a general summary and, in the absence of further explanation by the Government, the Committee is unable to assess the importance of the further information from various sources attached to the Government’s report. In some cases, it is pointed out that the information requested is not within the remit of the unit concerned. The Committee indicates that regardless of the internal distribution of competencies, coordination is necessary both to apply the occupational safety and health Conventions and to prepare the respective reports and that, regardless of the internal distribution of responsibilities, the responsibility for presenting the reports lies with the Government. As a result of the various issues mentioned, the information available does not allow the Committee to assess whether the national legislation and practice give effect to the obligations assumed under the Convention. However, the Committee notes that certain efforts are being made with regard to occupational safety and health in the country. For example, the Committee notes that the Occupational Safety and Health Unit has now become the Occupational Safety and Health Directorate and that the Committee’s comments have been sent to the new authorities for their respective comments. The Committee requests the Government to gather together the information requested in its previous comments and to reply in detail to the questions raised in 2009. The Committee asks the Government to consider the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to the questions raised in relation to the occupational safety and health Conventions.

Plan of Action (2010–16). The Committee takes this opportunity to inform the Government that in March 2010 the Governing Body adopted the Plan of Action 2010–16 to achieve widespread ratification and effective implementation of the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (document GB.307/10/2(Rev.)). The Committee draws the Government’s attention to the fact that, under this Plan, the Office is providing technical assistance to governments so that they can bring their legislation and practices into conformity with these key occupational safety and health Conventions in order to promote their ratification and effective implementation. Furthermore, the Committee recalls that the Office is available to provide assistance with the preparation of reports on ratified Conventions. The Committee requests the Government 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 2011.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes the Andean Community Decision No. 584, the “Andean Occupational Safety and Health Instrument”, replacing Decision No. 547, and Resolution No. 957 issuing regulations for the Andean Occupational Safety and Health Instrument. The Committee observes that these instruments appear to pave the way for a ratification of the Occupational Safety and Health Convention, 1981 (No. 155) and its Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and draws the Governments attention to paragraphs 295 and 296 of its 2009 General Survey on Convention No. 155. The Committee asks the Government to provide information on any developments in this regard.

The Committee notes Ministerial Agreements Nos 219 and 220 of 2005, the first of which refers to a register of occupational safety and health professionals and the second to the adoption of internal safety and health regulations. The Committee requests the Government to provide copies of the internal safety and health regulations in the sectors covered by the Convention and to continue to provide information on all legislation relating to the Convention.

Article 4. Measures for the prevention and control of occupational hazards due to air pollution, noise and vibration; Article 5. Cooperation between employers and workers; and Article 11. Periodical medical examinations. For several years the Committee has been discussing with the Government on the safety and health status of workers in the telephone sector, with reference to observations from trade union organizations citing serious repercussions on the health of workers in this sector from prolonged exposure to risk factors and the extended working day, which was fixed at four and a half hours, to reduce the risk of exposure until 1999, when it was modified by collective agreement. The Government states that the technology has been changed and is now safer, so these problems no longer exist. In its last observation the Committee sought information on the repercussions on the sector of the extension of the working hours. The Committee notes that the Government has not provided this information. It points out to the Government that the examination of this issue was triggered by serious allegations from workers’ organizations regarding the telephone sector, referring among other things to deaths, ruptured cerebral aneurisms, pulmonary oedema, and loss of visual and hearing capacity. The Committee therefore needs detailed information about the present situation in the sector so that it can ascertain whether or not these issues have been resolved. The Committee invites the Government to consult with the employers and workers as provided in Article 5 of the Convention on the measures for prevention and protection referred to in Article 4, which apply in the telephone sector, and to provide information on such consultations as well as on measures taken or envisaged. The Committee also asks the Government to provide particulars of the medical examinations conducted for workers in the sector, indicating their frequency and providing information on their results.

Article 6, paragraph 2. Requirement for employers to cooperate in applying prescribed measures. The Committee notes that the Government merely refers to its previous report without answering the question raised by the Committee. It reminds the Government that under this Article, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures and that, in appropriate circumstances, the competent authorities shall prescribe general procedures for this collaboration. The Committee asks the Government to provide information on the manner in which it ensures compliance in law and in practice with the duty to collaborate laid down in this Article and, if necessary, to prescribe the procedures for such collaboration.

Article 8, paragraphs 1 and 3. Air pollution and vibration. For several years the Committee has been asking the Government provide information on the establishment, by the Inter-institutional Committee on Occupational Safety and Health, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards established for such substances by the American Conference of Governmental Industrial Hygienists. The Committee notes that according the Government, Ecuador has regulated maximum permissible limits of exposure only for asbestos and for all other cases, they apply international standards. The Committee requests the Government to indicate which international standards it applies, and submit a copy of the legal provisions providing for the application of these standards. Please also provide documentation on the criteria currently used to define the risks of exposure to air pollution and vibration in the workplace, and the exposure limits, as well as on the manner in which these criteria and limits are supplemented and revised in practice, together with relevant documentation.

Article 10. Exceeding exposure limits and protective equipment. The Committee once again notes that the Government has not sent the information requested. It invites the Government to indicate the methods prescribed for determining whether the limits specified in pursuance of Article 8 are exceeded and to specify the guidelines or instructions on the type of personal protective equipment to be provided to the workers exposed should these limits be exceeded.

Article 11. Medical examinations (pre-assignment and periodical). Please provide information on measures taken, in law and in practice, to regulate how these examinations are carried out and that periodicity.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee repeats its request to the Government for information on the 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 authorities.

Part IV of the report form. Application in practice. Please provide general information on the manner in which the Convention is applied, together with extracts from inspection reports with an indication of the number and nature of infringements detected in connection with the Convention, including in the telephone sector. Please also provide reports prepared pursuant to the Andean Occupational Safety and Health Instrument that may be relevant, to enable the Committee to ascertain more fully the extent to which the Convention is applied.

In general, the Committee notes that although it has asked the Government to reply in detail to its comments of 2006, the information sent by the Government is summary and general in nature. The Committee also notes that the type of reply sent by the Government does now allow it to resolve the application of the issues that it has been raising for several years. The Committee requests the Government to reply in detail to the present comments attaching copies of the legislative provisions, and to provide examples that illustrate the assertions it makes in its report. The Committee draws the Government’s attention to the fact that it may seek technical assistance from the Office should it deem this necessary.

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

1. The Committee notes the information contained in the Government’s reports. It also notes the observations of 27 September 2004 by the Ecuadorian Confederation of Free Trade Unions (CEOSL), alleging that the company Rosas del Ecuador may have breached the provisions of the Convention, and the Government’s reply of 11 February 2005 in which it informs the Office that Rosas del Ecuador no longer exists and that its labour obligations will be fulfilled by mutual agreement by the end of February 2005, as noted in memorandum
No. 023-ITP-2005. The Committee infers the CEOSL no longer has a cause of action in this matter.

2. The Committee notes with regret that the information supplied by the Government in the abovementioned reports is sparse and general in nature. In view of the lack of progress in this matter, the Committee urges the Government to take steps in the near future to make the necessary amendments to the legislation and to ensure that full effect is given to the Convention. The Committee accordingly reiterates its previous observation, which read as follows:

1. The Committee notes the Government’s reply to its previous comments based on the comments made by the Latin American Central of Workers (CLAT), the National Union of Workers of the Telephone, Annotation and Revision Services of the Ecuadorian Telecommunications Institute (IETEL) “17 May”, affiliated to the CLAT, and the Ecuadorian Confederation of United Class Organizations of Workers (CEDOC) concerning information on the application in practice of measures under Ministerial Agreement No. 136 of 23 February 1999 intended to afford protection to workers and supervisors in the telephone services against occupational hazards arising out of environmental noise and pollution such as those setting the normal working day at four and a half hours per day. It notes that the Government maintains that despite the Agreement of the Ministry of Labour and Human Resources No. 136 of 23 February 1999, which fixed the normal working day for telephone operators and supervisors at four and a half hours per day, during collective bargaining the workers obtained extensions to such limits of their own free will. The Committee would be grateful if the Government would provide copies of the said collective agreements voluntarily agreed to by the unions extending the normal working day beyond those set out in Agreement No. 136 of 1999. It would also be grateful if the Government would give its views as to the impact of such agreements on the safety and health of the workers of the sector, in view of the limits set by Agreement
No. 136 of 23 February 1999.

2. The Committee has requested, on several occasions, that the Government adopt the necessary measures to give effect to a certain number of Articles of the Convention. The Committee notes that the Government once again refers to sections of the Labour Code (sections 42, 416, 418, 441 and 443) that do not address the specific requirements of the said Articles of the Convention. The Committee wishes to indicate that as the provisions of the Convention are not, in principle, self-executing, upon ratification of the Convention, the Government is obliged to adopt all necessary legislative, regulatory and practical measures on the following provisions of the Convention.

Article 6, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the Government’s response that sections 416 and 418 establish the employer’s responsibility in respect of the prevention of risks, and that the committees that assess risks can determine the responsibilities in the event of joint work in order to avoid occupational accidents or diseases. Moreover, it is the responsibility of all employers, without exception, irrespective of the fact that there may or may not be more than one employer at a workplace, to meet the requirements of section 42 of the Labour Code, without prejudice to the responsibility of each employer. The Committee would like to point out, however, that there are no procedures prescribed for the requirements of this paragraph of Article 6 of the Convention that employers are required to collaborate whenever two or more of them undertake activities simultaneously at one workplace. It hopes the Government will soon take the necessary measures to ensure that such collaboration is required of employers whenever they are undertaking activities simultaneously at one workplace.

Article 8, paragraphs 1 and 3. Air pollution and vibration. The Committee notes from the Government’s report that there is no progress to report on the matters raised under these paragraphs of Article 8 of the Convention. It therefore reiterates its previous hope for the establishment, by the Inter-Institutional Committee on Occupational Safety and Health, and under section 63 of the Safety and Health Regulations, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. Please indicate the measures taken in this regard.

Article 10. The Committee notes that there is no progress made regarding its previous comments under this Article of the Convention. It must therefore reiterate its hope that the Government will shortly take the necessary measures to establish guidelines or instructions 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, based on section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986). Please indicate the measures taken in this regard.

Article 11, paragraph 1. Further to its previous comments, the Committee notes that this is met by integral inspections, and particularly those carried out by the Occupational Safety and Health Department, but that there has been no information available on the reports of these inspections. The Committee wishes to recall its previous comment where it had noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and excessive noise. It reiterates its request to the Government 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, noise or vibration. Please provide all indications in this regard.

Article 12. The Committee notes that there is no progress made on matters raised in its previous comments under this Article of the Convention. It must therefore reiterate its request to the Government to indicate the 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 asked to reply in detail to the present comments in 2007.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the Government’s reply to its previous comments based on the comments made by the Latin American Central of Workers (CLAT), the National Union of Workers of the Telephone, Annotation and Revision Services of the Ecuadorian Telecommunications Institute (IETEL) "17 May", affiliated to the CLAT, and the Ecuadorian Confederation of United Class Organizations of Workers (CEDOC) concerning information on the application in practice of measures under Ministerial Agreement No. 136 of 23 February 1999 intended to afford protection to workers and supervisors in the telephone services against occupational hazards arising out of environmental noise and pollution such as those setting the normal working day at four and a half hours per day. It notes that the Government maintains that despite the Agreement of the Ministry of Labour and Human Resources No. 136 of 23 February 1999, which fixed the normal working day for telephone operators and supervisors at four and a half hours per day, during collective bargaining the workers obtained extensions to such limits of their own free will. The Committee would be grateful if the Government would provide copies of the said collective agreements voluntarily agreed to by the unions extending the normal working day beyond those set out in Agreement No. 136 of 1999. It would also be grateful if the Government would give its views as to the impact of such agreements on the safety and health of the workers of the sector, in view of the limits set by Agreement No. 136 of 23 February 1999.

2. The Committee has requested, on several occasions, that the Government adopt the necessary measures to give effect to a certain number of Articles of the Convention. The Committee notes that the Government once again refers to sections of the Labour Code (sections 42, 416, 418, 441 and 443) that do not address the specific requirements of the said Articles of the Convention. The Committee wishes to indicate that as the provisions of the Convention are not, in principle, self-executing, upon ratification of the Convention, the Government is obliged to adopt all necessary legislative, regulatory and practical measures on the following provisions of the Convention.

Article 6, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the Government’s response that sections 416 and 418 establish the employer’s responsibility in respect of the prevention of risks, and that the committees that assess risks can determine the responsibilities in the event of joint work in order to avoid occupational accidents or diseases. Moreover, it is the responsibility of all employers, without exception, irrespective of the fact that there may or may not be more than one employer at a workplace, to meet the requirements of section 42 of the Labour Code, without prejudice to the responsibility of each employer. The Committee would like to point out, however, that there are no procedures prescribed for the requirements of this paragraph of Article 6 of the Convention that employers are required to collaborate whenever two or more of them undertake activities simultaneously at one workplace. It hopes the Government will soon take the necessary measures to ensure that such collaboration is required of employers whenever they are undertaking work simultaneously at one workplace.

Article 8, paragraphs 1 and 3. Air Pollution and Vibration. The Committee notes from the Government’s report that there is no progress to report on the matters raised under these paragraphs of Article 8 of the Convention. It therefore reiterates its previous hope for the establishment, by the Inter-Institutional Committee on Occupational Safety and Health, and under section 63 of the Safety and Health Regulations, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. Please indicate the measures taken in this regard.

Article 10. The Committee notes that there is no progress made regarding its previous comments under this Article of the Convention. It must therefore reiterate its hope that the Government will shortly take the necessary measures to establish guidelines or instructions 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, based on section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986). Please indicate the measures taken in this regard.

Article 11, paragraph 1. Further to its previous comments, the Committee notes that this is met by integral inspections, and particularly those carried out by the Occupational Safety and Health Department, but that there has been no information available on the reports of these inspections. The Committee wishes to recall its previous comment where it had noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and excessive noise. It reiterates its request to the Government 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, noise or vibration. Please provide all indications in this regard.

Article 12. The Committee notes that there is no progress made on matters raised in its previous comments under this Article of the Convention. It must therefore reiterate its request to the Government to indicate the 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 asked to reply in detail to the present comments in 2003.]

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.]

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

1. With reference to its previous comments, the Committee recalls that it noted the observations made by the Latin American Central of Workers (CLAT) regarding the extension of the working day for operators and supervisors of the national telephone service, in accordance with Ministerial Agreement No. 709 of 31 December 1993, which resulted in risks involving the reduction in hearing, loss of sight and irreversible damage to the central nervous system due to permanent exposure to noise and harmful gas emissions. On that occasion, the Committee also noted the measures taken by the Government, and particularly Ministerial Agreement No. 136 of 23 February 1999. The Committee requested the Government to continue supplying information on the application in practice of these measures intended to afford protection to workers and supervisors in the telephone services against occupational hazards arising out of environmental noise and pollution. The Committee regrets to note that the Government has not complied with this request and urges it to provide the requested information in its next report.

2. The Committee also notes the communication, dated 3 July 2000, from the National Union of Workers of the Telephone, Annotation and Revision Services of the Ecuadorian Telecommunications Institute (IETEL) "17 May", affiliated to the Latin American Central of Workers (CLAT) and the Ecuadorian Confederation of United Class Organizations of Workers (CEDOC), indicating that the telephone workers of the enterprises EMETEL-ECUADOR, EMETEL S.A., ANDINATEL S.A. and PACIFICTEL S.A. (formerly IETEL) are exposed to grave occupational hazards in the performance of their work. In this respect, the above trade union indicates that the workers can suffer the loss of their hearing capacity as a result of their permanent exposure to noise due to working for more than the statutory hours of work using headphones and audio-phones, as well as the loss of visual capacity due to their exposure to computer screens. It adds that, due to the excessive time spent exposed to the above factors, and particularly the inhalation by workers of the harmful gases given off by the maintenance batteries of the telephone system, certain workers have died of cerebral circulatory accidents and fluid in the lungs. The above trade union also indicates that ordinary working days should be applied to professional telephone operators and supervisors in Ecuador, as set out in section 4(a) of the Agreement of the Ministry of Labour and Human Resources No. 136 of 23 February 1999 (published in the Registro Oficial No. 152, of 19 March 1999).

3. In its comments, the Government states that communications enterprises use electronic equipment which prevent the operators being exposed to the occupational health problems referred to by the trade union. It indicates in this respect that the former audio-phones and manual connections are no longer used, as the processes are now computerized through optic fibre. As a consequence, the manual equipment which could emit toxic gases or produce vibrations or frequencies harmful to human beings are no longer used.

4. Leaving aside the Government’s comment to the effect that the trade union "17 May" of IETEL has no members, is not representative and has no connection with the ANDINATEL enterprise, in which the events commented upon by the worker’s organization allegedly take place, the Committee wishes to reiterate its request to the Government to provide information on the application in practice of measures, such as those setting the normal working day for telephone operators and supervisors at four and a half hours a day, as envisaged in Agreement No. 709, of 31 December 1993, and confirmed by Agreement No. 136, of 23 February 1999, to protect the abovementioned workers against occupational hazards due to noise and air pollution.

5. In view of the absence of information related to its previous comments, the Committee is once again addressing a request directly to the Government concerning the application of the Convention.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous direct request which read as follows:

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 elaborating 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.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information provided by the Government in its report in reply to its previous comments based on the observations made by the Latin American Central of Workers (CLAT) regarding extension of the working day for operators and supervisors of the national telephone service according to the provisions of the Agreement of the Ministry of Labour and Human Resources No. 843 of 31 December 1990, which can result in a serious reduction in hearing, loss of sight and irreversible damage to the central nervous system due to permanent exposure to noise and harmful gas emissions.

The Committee recalls that it had requested the Government to supply information on the application of the measures set out in Ministerial Agreement No. 709, which rectified the provisions of Ministerial Agreement No. 843, indicating whether they guarantee protection of telephone operators and supervisors against occupational hazards due to noise and air pollution. The Committee notes with interest the adoption of Ministerial Agreement No. 136 of 23 February 1999, and in particular its section 4, which confirms the standards set in Ministerial Agreement No. 709 of 31 December 1993. The Committee would be grateful if the Government would supply information on the practical application of these measures intended to guarantee the protection of telephone operators and supervisors against occupational hazards due to noise and air pollution.

2. The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the comments submitted by the Latin American Central of Workers (CLAT) and the Government's reply.

According to the comments of the above-mentioned organization, the provisions of the Agreement of the Ministry of Labour and Human Resources No. 843 of 31 December 1990 do not comply with the provisions of Article 4 of the Convention and violate the terms of the resolution of the Constitutional Guarantees Tribunal published in the Official Register No. 118 of 29 January 1993. The aforementioned Agreement provides an extension of the working day for operators and supervisors of the national telephone service which can result in a serious reduction in hearing, loss of sight and irreversible damage to the central nervous system due to permanent exposure to noise and harmful gas emissions.

The Committee notes the resolution of the Constitutional Guarantees Tribunal on the appeal for unconstitutionality of Ministerial Agreement No. 843 brought by the National Union of Telephone Operators, Observation and Inspection of the Ecuadorian Telecommunications Institute "17 May" according to which the effects of section 1, part 14 of the Agreement were totally suspended.

In its comments, the Government indicates that it has proceeded to rectify the provisions of the instruments concerning the working day of telephone operators, including Agreement No. 843. The Committee notes section 3 of the Agreement of the Ministry of Labour and Human Resources No. 709 of 31 December 1993 which fixes the ordinary working day of telephone operators and supervisors at four and a half hours. Furthermore, under section 5 of this Agreement, a working day established previously with fewer hours than laid down in section 3 must be maintained without any modification.

The Committee requests the Government to supply information on the application of the measures set out in Ministerial Agreement No. 709 indicating whether they guarantee protection of telephone operators and supervisors against occupational hazards due to noise and air pollution.

2. With respect to various other provisions of this Convention, the Committee refers to the comments it made in a direct request sent to the Government in 1994.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its latest report and requests the Government to provide further clarification on the following points:

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 noted 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 elaborating 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 noted 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.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes with interest the adoption of the Regulations concerning the safety and health of workers and the improvement of the working environment (Executive Decree No. 2393 of 13 November 1986). It notes that section 2 of these Regulations provide for the creation of a tripartite Inter-Institutional Committee on Occupational Safety and Health which is empowered to amend the present regulations, set standards necessary for their implementation and draw up special regulations concerning risk prevention for certain dangerous activities. The Government is requested to provide full particulars in its next report on the functioning and activities of the Inter-Institutional Committee on Occupational Safety and Health.

2. The Government is requested to provide further clarification on the following points:

Article 6, paragraph 2, of the Convention. The Government is requested to indicate the measures taken to ensure that, when two or more employers undertake activities simultaneously at one workplace, they collaborate in order to comply with the prescribed measures for the application of this Convention.

Article 8, paragraph 1. The Committee notes that section 63 of the Safety and Health Regulations provides that exposure limits be set for corrosive, irritating and toxic substances by the Inter-Institutional Committee on Occupational Safety and Health. The Government is requested to indicate the criteria established for determining the hazards of exposure to these substances and/or any exposure limits set by this Committee. Furthermore, the Government is requested to indicate whether criteria for determining the hazards of exposure to vibration have been established and to supply copies of the tables limiting the periods of exposure to noise beyond 85dB, referred to in section 55.7.

Article 8, paragraph 3

(a) The Committee notes that, by virtue of section 5.6 of the Safety and Health Regulations, the Ecuadorian Social Security Institute (IESS) is responsible for keeping up-to-date with technical information available from the relevant national and international organisations. By virtue of section 2(3)(c), the IESS is represented on the Inter-Institutional Committee concerning Occupational Safety and Health. As the Inter-Institutional Committee's powers include suggesting to the executive possible amendments to the existing regulations and setting the standards necessary for their implementation (section 2(2)(b)), the Government is requested to indicate the manner in which current national and international knowledge is taken into account when the criteria for determining the hazards of exposure to air pollution, noise and vibration, and the exposure limits for such exposure, are established, supplemented and regularly revised. The Government is also requested to indicate the manner in which any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace is taken into account in the setting and revision of these criteria and exposure limits.

(b) The Committee has noted above that under section 55.7 of the Safety and Health Regulations the undertaking shall provide personal protective equipment to workers exposed to noise beyond the maximum permissible limit of 85dB or shall ensure that the duration of the activity involving exposure to excessive levels of noise shall be in accordance with established timetables. The Committee looks forward to receiving copies of these tables as requested under Article 8, paragraph 1 and trusts that they will complement the practical directive published by the ILO entitled Worker Protection against Noise and Vibration at the Workplace. It would draw the Government's attention to, in particular, section 4.3 of this directive which sets forth special provisions concerning exposure to noise beyond the normal threshold limit of 85dB and Appendix 1 which indicates the duration of exposure to high levels of noise established in a variety of international instruments.

Article 10. In its previous comments, the Committee had requested the Government to indicate whether general measures ensuring that personal protective equipment is made available to workers exposed to vibrations included the provision of special items such as double-layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc. The Committee notes that section 55.8 prescribes in general terms that anti-vibration protective equipment shall be provided to workers exposed to vibrations. The Government is requested to indicate whether any guide-lines or instructions have been established concerning the type of personal protective equipment, in particular the special items mentioned above, which should be provided to workers exposed to vibration.

Article 11, paragraph 1. The Committee notes that, by virtue of section 11.6 of the Safety and Health Regulations, an employer must provide workers working in dangerous activities with periodic medical examinations and that section 55.7 provides that the hearing of workers exposed to more than 85dB must be controlled annually. The Government is requested to indicate the measures taken to ensure that pre-assignment medical examinations are given to workers who may be assigned to work involving exposure to air pollution, noise or vibration and to indicate whether the competent authority has determined the periodicity for post-assignment medical examinations other than those provided under section 55.7 for workers exposed to excessive levels of noise.

Article 12. The Committee notes that the Safety and Health Regulations empower the Minister of Industry, Commerce, Co-operatives and Fishing to prohibit the import, sale, exhibition and use of machines, equipment and products which do not meet the requirements of the Regulations and to ensure that the Regulations are respected (sections 6(1)(a) and 7(2)). Section 6(2) provides 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. The Government is requested to indicate the procedures existing or envisaged for the notification of the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration which would permit the Minister of Industry, Commerce, Co-operatives and Fishing to effectively execute the powers granted to it by the above-mentioned sections.