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

Guarding of Machinery Convention, 1963 (No. 119) - Ecuador (Ratification: 1969)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

In 2010, the Committee noted once again that the Government had not provided the information requested and once again invited it to provide detailed information in reply to its direct request of 2006. The Committee notes that the Government’s report indicates that the content of the direct request has been sent to the respective bodies, but that the detailed information requested has not been provided. The 2006 direct request read as follows:

Article 2(3) and (4) and Article 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the study done by the Coordinator of the Occupational Safety and Health Unit, which in turn refers to the provisions of the Occupational Safety and Health Regulations, adopted by Decree No. 2393 of 13 November 1986. In its comments in 1995, the Committee noted that this text establishes liability and certain sanctions for failure to apply the prescriptions set forth in its provisions, but does not specify the persons on whom the obligation to ensure compliance with the provisions of Article 2 of the Convention shall rest. The Committee once again recalls that, in accordance with the provisions of the Convention, measures have to be taken to ensure that the categories of persons referred to in Article 4, namely vendors, persons letting out on hire or transferring machinery in any other manner and exhibitors and, where appropriate, their respective agents, and the manufacturer when she or he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, are explicitly covered by the provisions of the national legislation establishing the obligation to prohibit by national laws or regulations or to prevent by other equally effective measures, the sale and hire of machinery of which the dangerous parts, specified in paragraphs 3 and 4 of Article 2, are without appropriate guards. The Committee urges the Government to take the necessary measures in the near future to bring the national legislation into conformity with the above provisions of the Convention and requests it to provide information on the progress achieved in this respect.

The Committee once again invites the Government to consider the possibility of requesting ILO technical assistance for the drafting of reports and on certain questions raised in relation to the occupational safety and health Conventions, and to provide information on any need which may arise in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.