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

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

1. The Committee notes the information contained in the Government’s report. 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 informing the Office that Rosas del Ecuador no longer exists and that its labour obligations will be met by mutual agreement by the end of February 2005, as noted in memorandum No. 023-ITP-2005. The Committee infers from the foregoing that the CEOSL no longer has a cause of action in this matter. In view of the great importance of the objectives of the dialogue that has been conducted since the end of the 1980s, the Committee once again draws the Government’s attention to the following matters.

2. Article 1, paragraphs 1 and 3, of the Convention. Determination of the carcinogenic substances and agents to be prohibited or made subject to authorization. In its previous comments, the Committee noted the Government’s reference to the Regulations concerning the safety and health of workers and the improvement of the work environment, 1986, and noted that section 64 of the Regulations established that corrosive, irritating and toxic substances may not be used in the workplace beyond the level fixed by the Inter-Institutional Committee. The Committee observes that the Inter-Institutional Committee has not set such limits. The Committee hopes that the maximum permissible levels of exposure to carcinogenic substances or agents will be fixed by the Inter-Institutional Committee in order to ensure that the prohibitions and restrictions conform, and hence give full effect, to the provisions of the Convention.

3. Article 2, paragraph 2. Number of workers exposed to carcinogenic substances or agents and length of such exposure. In its previous comments, the Committee noted that no progress had been made in establishing the requisite list of enterprises for the purposes of checking the length of workers’ exposure to carcinogenic substances or agents. Consequently, the Committee hopes that the Government’s next report will contain information on progress made in this matter, and requests the Government to send a copy of the abovementioned list as soon as it is published. It invites the Government to use the standards established by the National Standardization Institute (INEN) and the International Standardization Organization (ISO) which may influence the duration, degree and number of workers exposed to carcinogenic substances or agents.

4. Article 5. Medical examinations after the period of employment. In its previous comments, the Committee noted that, according to the Government, the Inter-Institutional Occupational Safety and Health Committee was examining the possibility of adopting procedures to monitor the state of workers’ health after their employment. It notes that the Government refers to the Andean occupational safety and health instrument. In view of the fact that the Government’s report contains no information on the machinery established to monitor the state of health of workers after the period of employment, the Committee once again asks 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, stating their frequency, and after the period of employment.

5. Article 6(a). Legislative or other measures to give effect to the Convention. The Committee notes the provisions of the Andean instrument on occupational safety and health, cited by the Government in its report, which lays down obligations for employers to protect the safety and health of workers. It requests the Government to indicate the national provisions adopted in Ecuador for this purpose.