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

Occupational Cancer Convention, 1974 (No. 139) - Ecuador (Ratification: 1975)

The Committee takes note of the information contained in the Government’s last report in response to its previous direct request. It draws the Government’s attention to the following points.

1. Article 1, paragraphs 1 and 3, and Article 6 of the Convention. Referring to its previous comments and with regard to the determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization and control, the Committee notes that the Government again refers to the regulations concerning the safety and health of workers and the improvement of the work environment, 1986. The Committee notes again section 64 of the above regulations stating that corrosive, irritating and toxic substances cannot be used in the workplace beyond the level fixed by the Inter-Institutional Committee. As to the measures taken for their application in practice the Government refers to the guide for the recognition of carcinogenic chemicals used in industry, published by the Ecuadorian Institute of Social Security (IESS), which, however, although it showed maximum levels of concentration for various chemical substances, did not seem to have a legally binding effect. The Committee therefore requests the Government to indicate the manner in which the maximum permissible levels of exposure to carcinogenic substances, fixed by the Inter-Institutional Committee, are enforced in order to ensure that the prohibitions and restrictions are complied with and that full effect is thus given to these provisions of the Convention.

2. Article 2, paragraph 2. The Committee notes the Government’s indication that there is as yet no progress in the development of the list of enterprises to be set up in order to control the duration of workers’ exposure to carcinogenic substances. The Committee accordingly hopes that the Government’s next report will contain information on the progress made in this regard and asks the Government to transmit a copy of the above list as soon as it has been issued. The Committee further notes the Government’s indication that the introduction of INEN and ISO standards are factors which contributed to the elimination of substances and processes affecting workers’ health. The Committee requests the Government to indicate whether the INEN and ISO standards also influence the duration, degree and number of workers exposed to carcinogenic substances.

3. Article 5. In its previous comments, the Committee had noted the Government’s indication that the Inter-Institutional Occupational Safety and Health Committee was examining the possibility of adopting procedures to monitor the state of health of workers after their employment. It notes the Government’s indication that, due to the Committee’s working methods, there is no new information in this respect, but that the Government will provide the relevant information as soon as it is available. The Committee accordingly hopes that the procedures to monitor the state of health of workers after their employment will be established soon so that the workers benefit from medical examinations or biological or other tests or investigations to supervise their state of health in relation to hazards linked to the exposure to carcinogenic substances or agents during the period of their employment. Furthermore, the Committee again requests the Government to indicate the nature of the medical examinations carried out and the tests prescribed for workers exposed to carcinogenic substances during the period of their employment and their frequency.