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

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on Occupational Safety and Health, the Committee considers it appropriate to examine Conventions Nos 45 (underground work – women), 119 (guarding of machinery), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise, vibration) and 162 (asbestos) together.

Legislation related to Conventions Nos 119, 136, 139, 148 and 162. The Committee notes the Government’s indication that the Ministry will expedite the updating of the Regulation on occupational safety and health and the improvement of the work environment, adopted by Executive Decree No. 2393 of 17 November 1986, via the Inter-institutional Occupational Safety and Health Committee, working through technical working groups established with a view to complying with the provisions of the Convention. The Committee requests the Government to continue to provide information on progress in this respect.

Application in practice of Conventions Nos 119, 136, 139, 148 and 162. The Committee notes the general and sectoral information provided by the Government in its report on the number of inspection visits undertaken and the penalties imposed in relation to occupational safety and health (OSH). The Government reports that specialized OSH inspections are carried out and that, since 1 August 2022, it uses the OSH compliance checklists issued under Decision No. MDT-2022-044. The Committee also notes that in the period from October 2015 and June 2022, 6194 specialized OSH inspection visits were carried out: 188 between October and December 2015; 1383 in 2016; 749 in 2017; 637 in 2018; 836 in 2019; 941 in 2020; 1022 in 2021 and 438 between January and June 2022. This includes 46 inspections in hospitals, clinics and health centres, 13 in the oil refining and marketing sector, and 308 in the construction sector.

The Committee also takes note of the “National panorama of workers’ health: Survey of health and working conditions, 2021-2022”, a report of the Ministry of Public Health. The report shows that 358 work-related illnesses were reported in 2016; 170 in 2017 and 26 in 2018 and indicates that this under-reporting could result from health workers’ current incapacity to recognize the origin of pathologies, treating them simply as common diseases. Equally, in 2018, 79.8 per cent of risks associated with the most prevalent occupational diseases were ergonomic, 9.5 per cent corresponded to undetermined factors; and 6.3 per cent to physical hazards, such as noise, vibration and ionizing or non-ionizing radiation. The report also indicates that 15,918 employment injuries were recorded in 2018; 15,017 in 2019; and 10,275 in 2020. Regarding penalties imposed on employers for failure to comply with OSH standards from October 2015 to June 2022, the Government reports that 21 penalties were imposed, of which three were in the construction sector and two were in hospitals, clinics and health centres. In view of the sharp reduction in the number of cases of work-related illnesses reported, the Committee requests the Government to provide information on the reasons for this large reduction. The Committee also asks the Government to provide information on the application in practice of these Conventions, including (i) the number, nature and cause of the employment injuries and work-related illnesses reported indicating, where possible, the number of cases related to ionizing radiation, machinery, benzene, occupational cancer and asbestos; and (ii) inspection activities undertaken, and the number of violations identified and penalties imposed. Referring to its comments concerning Article 18 of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on the measures taken to ensure the provision of appropriate penalties, to ensure effective enforcement of and compliance with the national legislation giving effect to the ratified OSH Conventions.

A.Protection against specific risks

1.Guarding of Machinery Convention, 1963 (No. 119)

Articles 2(3) and (4) and 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the Government’s indication that the Regulations on occupational safety and health and the improvement of the work environment applies to all workplaces and all work activities by virtue of its section 1, and also to those persons listed in Article 4 of this Convention (the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor and their respective agents and the manufacturer). In this regard, the Committee recalls that the persons included under Article 4 of the Convention are responsible for the application of the provisions of Article 2 of the Convention and that the Government is required to ensure its application. However, the Committee observes that the Regulations in question do not establish the obligations of the persons covered by Article 4 of the Convention. The Committee urges the Government to provide information on the measures taken, including within the framework of the updating of the Regulations on occupational safety and health and the improvement of the work environment, to bring its legislation into conformity with this Convention.

2.Benzene Convention, 1971 (No.136)

Article 4(1) and (2) of the Convention. Prohibition of the use of benzene. The Committee notes the Government’s indication that the legislation in force contains no specific prohibition of the use of benzene. The Government indicates that (i) benzene is considered a hazardous chemical substance of chronic toxicity by virtue of Ministerial Decision No. 142 of 19 December 2012, establishing the national list of hazardous chemical substances, and that (ii) the employer shall, as rapidly as possible, programme the progressive replacement of hazardous substances by substitutes that are harmless or less harmful to workers, as set out in section 11(d) of the Andean Occupational Safety and Health Instrument (Decision No. 584), published in the Official Gazette of 15 November 2004. The Committee also notes that section 65(2) of the Regulations on occupational safety and health and the improvement of the work environment provides that substances that are recognized to be hazardous or toxic and which are employed in industrial processes shall be replaced wherever the industrial process so allows. The Committee requests the Government to continue to provide information on the measures taken to bring the national legislation into conformity with the provisions of the Convention, including the prohibition of the use of benzene and of products containing benzene in certain work processes.

Article 6(1), (2) and (3). Measures to prevent the escape of vapour, ceiling values allowed and methods of measurement. With regard to the escape of benzene vapour into the air, the Committee notes the Government’s indication that the ceiling value for benzene, ethylbenzene, toluene and xylene as a whole shall in no case exceed 80mg/m3, as established by Ministerial Decision No. 91, of 18 December 2006, which fixes the maximum permissible limits for emissions into the air from fixed sources for activities related to oil and gas. In this respect, the Government reports that, in order to assess the risks, account was taken of the technical parameters set out in the methodologies that are internationally accepted and recognized by the ILO, in instruments of other international institutions to which it is party, or in national regulations. The Committee requests the Government to clarify whether specific measures have been adopted or are envisaged to prevent the escape of benzene vapour into the air in premises where benzene, or products containing benzene are manufactured, handled or used.

Article 11(1) and (2). Pregnant women and young persons. With regard to pregnant women and nursing mothers, the Committee notes the Government’s indication that, by virtue of section 27 of the Andean Occupational Safety and Health Instrument, when activities normally performed by a woman worker become hazardous during pregnancy or nursing, the employer shall take the necessary measures to avoid the worker’s exposure to such risks, including by adapting the worker’s working conditions, and by temporary transfer to another work post compatible with the worker’s condition. Regarding young persons, the Committee notes that section 28 of the aforementioned Andean Instrument prohibits the recruitment of young persons under 18 years of age for hazardous or dangerous activities which could affect their normal physical and mental development. The Committee requests the Government to provide detailed information on the measures taken or envisaged to effectively ensure in practice that women medically certified as pregnant, nursing mothers and young persons under 18 years of age shall not be employed in work processes involving exposure to benzene or products containing benzene.

3.Occupational Cancer Convention, 1974 (No. 139)

Article 1(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 list of carcinogenic substances and agents identified in the first annex of the General Safety Regulations on occupational risks, published in the Official Gazette, Special Edition 632 of 12 July 2016, which includes asbestos, benzene and ionizing radiation, and other relevant legislation. In this respect, the Committee notes the Government’s indication that while not all carcinogenic substances and agents are prohibited, the products that can damage the central nervous system, the vision, the brain, and other organs of the human body, shall be subject to control and assessment by the relevant official entity of the Ecuadorian Standardization Service (INEN), by virtue of INEN Decision No. 2, of 16 January 1992. However, the Committee also notes that the Government provides no specific information on which carcinogenic substances and agents are prohibited or subject to authorization. The Committee once more requests the Government to indicate: (i) the list of carcinogenic substances and agents that are effectively prohibited; (ii) the list of carcinogenic substances or agents that are subject to authorization or control; and (iii) the manner in which such authorization or control is exercised. The Committee also requests the Government to provide information on the manner in which the list is periodically reviewed and the date of the latest review.

Article 2(2). Reduction to the minimum compatible with safety of the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure. The Committee notes that section 65 of the Regulations on occupational safety and health and the improvement of the work environment governs the period of exposure to contaminants, and that section 14 of the General Safety Regulations on occupational risks establishes, in a general manner, the technical parameters for assessing risk factors. In this connection, the Committee notes the Government’s indication that: (i) such administrative measures as the rotation of workers in work posts are applied to reduce exposure to occupational risk factors; and (ii) during the specialized OSH inspection visits, international protocols and methodologies for the prevention of occupational cancer have been adopted, such as the International Agency for Research on Cancer 2022 chemical agents exposure limits. The Committee requests the Government to provide specific information on: (i) the levels of exposure to carcinogenic substances or chemicals, including benzene, asbestos, ionizing radiations and any other substance or agent with carcinogenic properties, and (ii) the measures adopted or envisaged to guarantee that the duration and degree of exposure to carcinogenic substances or agents is reduced to the minimum compatible with workers’ safety, in conformity with Article 2(2) of the Convention.

Article 5. Medical examinations during or after the period of employment. The Committee notes that section 14 of the Andean Occupational Safety and Health Instrument establishes that workers shall undergo pre-assignment, periodic and retirement medical examinations, according to the risks to which they may be exposed in their work. The Committee requests the Government to provide more information on the retirement medical examinations, indicating whether they occur only at the moment of ending the employment relationship, or if they continue after the termination of employment in case they are necessary to assess the worker’s exposure or health status in relation to occupational hazards.

4.Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 6(2) of the Convention. Duty of employers to collaborate when undertaking activities simultaneously at one workplace. The Committee notes the Government’s indication that section 17 of the Andean Occupational Safety and Health Instrument and section 20 of the Safety Regulations for construction and public works regulate joint liability with regard to preventing occupational risks, and give effect to Article 6(2) of this Convention. In this connection, the Committee recalls that the duty to collaborate in order to comply with the prescribed measures goes beyond the joint liability derived from those requirements. The Committee once again requests the Government to provide detailed information on the measures taken or envisaged to ensure full compliance with the duty of collaboration laid down by this Article and, where applicable, to establish the general procedures according to which this collaboration is to take place.

Article 11. Medical examinations (pre-assignment and periodic) The Committee notes the Government’s indication that under section 14 of the Andean Occupational Safety and Health Instrument, employers shall be required to ensure that workers undergo pre-assignment, periodic and retirement medical examinations, according to the risks to which they may be exposed in their work, irrespective of the number of workers employed at the enterprises. In this regard, the Committee also notes that the Government reports that the Ministry of Labour monitors compliance with this provision, irrespective of the number of workers employed. The Committee notes this information, which responds to its previous request.

5.Asbestos Convention, 1986 (No. 162)

Article 21(4) of the Convention. Alternative employment and maintenance of income. The Committee notes the Government’s indication, which responds to its previous request regarding the implementation of the national legislation that gives effect to Article 21(4), that in the case of occupational accidents and work-related illnesses, the Ecuadorian Institute of Social Security (IESS) pays the corresponding benefits: (i) allowance; (ii) provisional pension; (iii) compensation; (iv) pension; and (v) widower’s benefit. In this regard, in 2020, six affiliates received an allowance for a work-related illness, and 11 received a provisional pension for temporary incapacity. The Committee notes this information, which responds to its previous request.

B.Protection in certain branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes the Government’s indication that the Regulation on occupational safety and health in the mining sector was adopted in 2020. The Committee also notes that the Government states that it will examine the possibility of denouncing the Convention, and requests ILO technical assistance with a view to the possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176).

The Committee recalls that at its 334th Session (October-November 2018), the Governing Body of the ILO decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to classify Convention No. 45 as an outdated standard, and to place on the agenda of the 112th Session (2024) of the International Labour Conference an item concerning the abrogation of the Convention. The Governing Body also requested the Office to take follow-up action to actively promote ratification of up-to-date occupational safety and health instruments, in particular the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote ratification of that Convention.

The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th session (October-November 2018) to approve the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider the possibility of ratifying more up-to-date instruments in this area. In this respect, the Committee recalls that the Government may avail itself of ILO technical assistance. The Committee takes this opportunity to remind the Government that the 110th Session of the International Labour Conference (June 2022) included a safe and healthy working environment in the ILO’s framework of fundamental principles and rights at work, thus amending the ILO Declaration on Fundamental Principles and Rights at Work (1998). The Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance with a view to bringing both the applicable law and practice into conformity with the fundamental Conventions on occupational safety and health and thus promote the ratification and effective application of those instruments.

[The Government is asked to reply in full to the present comments in 2024.]

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

Articles 2(3) and (4) and 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. The Committee notes the information provided by the Government in its report on the safety of machinery, particularly the provisions of the Regulations on occupational safety and health and the improvement of the work environment, adopted by Executive Decree No. 2393 of 19 November 1986. The Committee recalls that it has already examined these Regulations and indicated that they provide for liability and some penalties for non-observance, but do not establish the obligations of the persons covered by Article 4 of the Convention (the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor, the respective agents and the manufacturer). The Committee reminds the Government that these persons are responsible for the application of the provisions of Article 2 of the Convention and that the Government is required to ensure its application. The Committee once again requests the Government to indicate the manner in which the vendor or the person letting out on hire or transferring the machinery in any other manner is required to apply the provisions of Article 2 of the Convention.

Technical assistance. The Committee notes the Government’s repeated indication in its report that it will request technical assistance from the Office to give full effect to the Convention. The Committee once again invites the Government to formally request ILO technical assistance and to provide information on any progress in this regard.

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

Articles 2(3), (4) and 4 of the Convention. Dangerous parts of machinery requiring guards and the persons responsible. With reference to its previous comments, the Committee notes the Government’s indication that the Andean Occupational Safety and Health Instrument and the corresponding regulations contain specific provisions on the parties required to give effect to the provisions of Article 2. The Committee requests the Government to indicate the provisions of the national legislation which give effect to these Articles and to provide information on their application in practice.

Technical assistance. The Committee notes that the Government considers it appropriate to receive technical assistance for the preparation of reports, legislation and on issues relating to the application of the Convention. The Committee invites the Government to formally request ILO technical assistance and to provide information on any progress in this regard.

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

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.

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

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:

Repetition

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 Government is asked to reply in detail to the present comments in 2013.]

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

Noting that in its report the Government does not supply the information requested in the Committee’s previous comments and indicates that those comments have been referred to the new authorities for their views, the Committee refers to the comments it has made this year on the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), in which it invites the Government to seek technical assistance from the Office for the preparation of reports and in relation to a number of issues pertaining to the occupational safety and health Conventions. The Committee again invites the Government to send detailed information on the questions raised in its direct request of 2006 on the application of this Convention.

[The Government is asked to reply in detail to the present comments in 2011.]

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

1. The Committee notes the information contained in the Government’s report.

2. Article 2, paragraphs 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.

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

The Committee notes the information sent by the Government in its reports. The Government states in its report that, in so far as all citizens are presumed to be acquainted with the content of laws and regulations, they are accordingly required to observe their provisions. The Committee points out, however, that according to the provisions of the Convention, measures must be taken to ensure that the categories of persons covered by the Convention in Article 4, namely vendors, persons letting out on hire or transferring machinery in any other manner, exhibitors and, where appropriate, their respective agents, as well as manufacturers when they sell machinery, let it out on hire, transfer it in any other manner or exhibit it, must be expressly mentioned in legal provisions establishing the prohibition by national laws or regulations or the prevention by other equally effective measures of the sale and hire of machinery of which the dangerous parts specified in paragraphs 3 and 4 of Article 2, are without appropriate guards.

Accordingly, the Committee hopes that the Government will take steps to bring the national laws and regulations into line with the provisions of the Convention. The Committee has already observed that the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, issued by Decree No. 2393 of 13 November 1986, provide for liability and sanctions for failure to apply the prescriptions set forth in the Decree, but do not specify, pursuant to Article 4 of the Convention, the persons on whom the obligation to ensure compliance with the provisions of Article 2 is to rest. The Committee accordingly asks the Government to state how the obligation to ensure compliance with Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, and their respective agents.

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

Article 4 of the Convention. The Committee notes the information provided by the Government in its report.

The Committee notes in particular the functions of the various institutions that compose the machinery to apply, execute and supervise compliance with the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, adopted by Decree No. 2393 of 13 November 1986. This text determines responsibility and some sanctions imposed for non-compliance with its provisions, but does not determine the persons covered by Article 4 of the Convention on whom the obligation rests to apply the provisions of Article 2 of the Convention. The Committee once again requests the Government to indicate the manner in which the obligation to ensure compliance with the provisions of Article 2 is imposed on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor, the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, or their respective agents.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

The Committee has taken note of the information supplied by the Government in its report and of the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, adopted by Decree No. 2393 of 13 November 1986.

Article 4 of the Convention. With regard to its previous comments, the Committee asks the Government to indicate in its next report the manner in which the obligation to ensure compliance with the provisions of Article 2 of the Convention is imposed on the various categories of persons referred to in this Article.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government in its report and of the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment, adopted by Decree No. 2393 of 13 November 1986.

Article 4 of the Convention. With regard to its previous comments, the Committee asks the Government to indicate in its next report the manner in which the obligation to ensure compliance with the provisions of Article 2 of the Convention is imposed on the various categories of persons referred to in this Article.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous observations, the Committee notes with satisfaction that the Regulations on the Health and Safety of Workers and the Improvement of the Working Environment have been adopted by Decree No. 2393 of 13 November 1986 and promulgated in the Official Gazette, No. 565 of 17 November 1986, and that they give effect to the provisions of Articles 2 and 3 of the Convention (which prohibit the sale, hire, transfer in any other manner or exhibition of dangerous machinery which is not equipped with appropriate guards).