Radiation Protection Convention, 1960 (No. 115) - Ecuador (Ratification: 1970)

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

Previous comment on Convention No. 115Previous comment on Convention No. 148Previous comment on Convention No. 162

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. 115 (radiation protection), 148 (air pollution, noise and vibration) and 162 (asbestos) together.

A.Protection against specific risks

1.Radiation Protection Convention, 1960 (No. 115)

Article 3(1) and Article 6(2) of the Convention. Protection measures adopted in the light of current knowledge. The Committee notes that the Government indicates in its report, in reply to its previous request, that the Ministry of Labour, in coordination with the Ecuadorian Atomic Energy Commission, is to organize technical working parties to update the Regulations on radiological safety, issued under Decree No. 3640 of 8 August 1979, and that it will communicate a copy of the regulations following their adoption. In this connection, the Government indicates that consideration will be given to current knowledge in the area of ionizing radiation summarized in the general observation of 2015, as well as other measures established by the International Commission on Radiological Protection (ICRP) and the International Atomic Energy Agency (IAEA). The Committee urges the Government to take the necessary measures to update its legislation in line with the Convention, taking account of the 2015 general observation, and to communicate a copy of the amended regulations once they are adopted.

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

Article 8(1) and (3) of the Convention. Air pollution and vibration. The Committee notes with regret the Government’s indication in its report that the criteria and exposure limits to air pollution and vibration are still not specified in national law. The Committee urges the Government to take the necessary measures, including in the framework of the updating of the Regulations on occupational safety and health and improvement of the working environment, to update its national legislation to establish the criteria and exposure limits to air pollution and vibration, and to communicate a copy of the relevant legal text, once adopted. It also asks the Government to indicate the manner in which these limits shall be periodically revised, in conformity with Article 8(3) of the Convention.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee notes that Decision No. 2 of the Ecuadorian Standard-setting Service (INEN) provides for the obligation to notify the INEN regarding chemical substances that cause damage to the central nervous system, vision, brain, and other organs of the human body. However, the Committee notes the Government’s indication that the national legislation does not specifically provide for notification to the competent authority in respect of other types of air pollution, nor of noise and vibration. The Committee also notes that the Ministry of Labour will proceed to update the Regulations on occupational safety and health and improvement of the working environment to bring them into compliance with Article 12 of this Convention. The Committee requests the Government to take the necessary measures to update its legislation in conformity with the provisions of this Convention and to communicate progress made in this respect.

3.Asbestos Convention, 1986 (No. 162)

Article 17(1) and (2) of the Convention. Demolition of plants and structures containing friable asbestos insulation materials. The Committee notes the Government’s indication that, by virtue of section 149 of the Regulation on security in construction and public works, builders and contractors shall establish procedures that guarantee and monitor the treatment and safe elimination of waste, effluents and emissions in a manner that does not present a hazard to workers or to the environment. However, the Government indicates that it is not established that such procedures must be carried out by builders and contractors recognized by the competent authority. Equally, the Committee notes that under section 152 of the Regulation, plans for the construction, refurbishment or rehabilitation of work centres shall be approved by the Ministry of Labour through its safety and health units. In this respect, the Government indicates that this section does not require the production of a work plan specifically for demolition in case of asbestos. The Committee requests the Government to adopt the necessary measures to ensure that: (i) the work involving demolition and disposal provided for under Article 17 of the Convention is undertaken only by employers or contractors recognized by the competent authority as qualified to carry out such work; and (ii) that such employers or contractors shall draw up a work plan specifying the measures to be taken before starting demolition work.

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

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

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

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Articles 3(1) and 6(2) of the Convention. Protection measures adopted in the light of current knowledge. With reference to its previous comment, the Committee notes that the Government has not provided information on the measures taken to bring the Regulations on radiological safety of 1979 into conformity with current knowledge, as envisaged by the Convention. In this regard, the Committee draws the Government’s attention to the fact that current knowledge in the area of protection against ionizing radiation is summarized in its 2015 general observation. The Committee once again requests the Government to adopt all the necessary measures to give effect to these provisions of the Convention, taking into consideration the 2015 general observation.

Article 7. Prohibition of engaging young workers in radiation work. The Committee notes that, under section 62(2) of the Regulations on the safety and health of workers and the improvement of the working environment, persons under 18 years of age and pregnant women are prohibited from performing any type of work subject to the risk of exposure to ionizing radiation.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes section 11(7) of the Regulations on the safety and health of workers and the improvement of the working environment, which establishes the general requirement for employers to move workers to another section of the enterprise, without reducing their remuneration if, as a result of their work, they suffer injury or contract an occupational disease. It also notes section 62(11) of the Regulations, which establishes that, if workers who have been exposed to ionizing radiation are suspected, following medical examination, to have absorbed the maximum permissible dose in any of their organs or tissues, they shall be transferred to another job that is risk free.

Technical assistance. The Committee notes the Government’s indication that it considers it appropriate to request ILO technical assistance to give effect to the Convention, in view of the limited progress made with regard to the legislation.

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 asked the Government to reply in detail in 2011 to the questions raised in its observation of 2005. The Committee notes that the Government states in this connection that it will make the necessary amendments to update the law. The Government also refers to a handbook of normal and emergency procedures and a directory for care of radiological emergencies. The Government report being brief, the Committee finds that it is unable to proceed further with its examination of how the Convention is applied. The Committee requests the Government to provide information on the legislative proposals referred to. The Committee again asks the Government to consider the possibility of requesting technical assistance from the Office in the drafting of reports and for a number of issues raised in connection with the occupational safety and health Conventions, and requests it to provide information on any needs that may arise in this regard. It also asks the Government to reply to the questions raised and to indicate the manner in which it ensures, in practice, the effective application of the Articles indicated by the Committee in its comments of 2005, which read as follows:

Articles 3(1) and 6(2) of the Convention. Measures taken in the light of the knowledge available. The Committee notes the Government’s indication that the Ecuadorian Commission on Atomic Energy (CEEA) has given an undertaking to the International Atomic Energy Agency (IAEA) to amend the Regulations on radiological safety (RSR) of 1979 during the course of the technical assistance cycle 2005–06 with a view to bringing the national regulations into conformity with international standards on the maximum permissible dose limits for the exposure of workers adopted by the International Commission on Radiological Protection (ICRP) in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources established under the auspices of the IAEA, ILO, WHO and three other international organizations. The Committee requests the Government to take the necessary measures rapidly with a view to bringing its legislation into conformity with these provisions of the Convention with due consideration being given to the general observation of 1992 and to provide a copy of the amended regulations as soon as they have been adopted.

Article 7. Workers under the age of 18 directly engaged in radiation work. The Committee notes that section 3 of the Regulations on radiological safety of 1979 defines radiation areas as areas where the radiation doses may be higher than 5 mrem per hour and that this definition will also be amended during the course of the technical assistance cycle 2005–06 so that young persons under the age of 18 cannot be assigned to work involving exposure to ionizing radiations. It also notes the information that the CEEA does not authorize work permits for young persons under the age of 18 to perform work involving ionizing radiations or in “radiation areas”. The Committee once again requests the Government to take the necessary measures rapidly and to provide it with a copy of the amended regulations as soon as they have been adopted.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information that workers who, for medical reasons, can no longer work under conditions involving exposure to ionizing radiations may be granted compensation following classification as being affected by an occupational disease by the Ecuadorian Social Security Institute (IESS). In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the foregoing, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

Exposure during emergency situations. The Committee notes that exposure during emergency situations is regulated by the Manual on normal procedures and in cases of emergency, which requires the information on radioactive sources in the country to be updated. It also notes that this manual is prepared for each individual user and that it is regularly updated to ensure that it is in conformity with the international recommendations determining the admissible dose levels in cases of emergency. The Committee requests the Government to provide a copy of one of these manuals.

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 asked the Government to reply in detail in 2011 to the questions raised in its observation of 2005. The Committee notes that the Government states in this connection that it will make the necessary amendments to update the law. The Government also refers to a handbook of normal and emergency procedures and a directory for care of radiological emergencies. The Government report being brief, the Committee finds that it is unable to proceed further with its examination of how the Convention is applied. The Committee requests the Government to provide information on the legislative proposals referred to. The Committee again asks the Government to consider the possibility of requesting technical assistance from the Office in the drafting of reports and for a number of issues raised in connection with the occupational safety and health Conventions, and requests it to provide information on any needs that may arise in this regard. It also asks the Government to reply to the questions raised and to indicate the manner in which it ensures, in practice, the effective application of the Articles indicated by the Committee in its comments of 2005, which read as follows:

Repetition

Articles 3(1) and 6(2) of the Convention. Measures taken in the light of the knowledge available. The Committee notes the Government’s indication that the Ecuadorian Commission on Atomic Energy (CEEA) has given an undertaking to the International Atomic Energy Agency (IAEA) to amend the Regulations on radiological safety (RSR) of 1979 during the course of the technical assistance cycle 2005–06 with a view to bringing the national regulations into conformity with international standards on the maximum permissible dose limits for the exposure of workers adopted by the International Commission on Radiological Protection (ICRP) in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources established under the auspices of the IAEA, ILO, WHO and three other international organizations. The Committee requests the Government to take the necessary measures rapidly with a view to bringing its legislation into conformity with these provisions of the Convention with due consideration being given to the general observation of 1992 and to provide a copy of the amended regulations as soon as they have been adopted.

Article 7. Workers under the age of 18 directly engaged in radiation work. The Committee notes that section 3 of the Regulations on radiological safety of 1979 defines radiation areas as areas where the radiation doses may be higher than 5 mrem per hour and that this definition will also be amended during the course of the technical assistance cycle 2005–06 so that young persons under the age of 18 cannot be assigned to work involving exposure to ionizing radiations. It also notes the information that the CEEA does not authorize work permits for young persons under the age of 18 to perform work involving ionizing radiations or in “radiation areas”. The Committee once again requests the Government to take the necessary measures rapidly and to provide it with a copy of the amended regulations as soon as they have been adopted.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information that workers who, for medical reasons, can no longer work under conditions involving exposure to ionizing radiations may be granted compensation following classification as being affected by an occupational disease by the Ecuadorian Social Security Institute (IESS). In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the foregoing, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

Exposure during emergency situations. The Committee notes that exposure during emergency situations is regulated by the Manual on normal procedures and in cases of emergency, which requires the information on radioactive sources in the country to be updated. It also notes that this manual is prepared for each individual user and that it is regularly updated to ensure that it is in conformity with the international recommendations determining the admissible dose levels in cases of emergency. The Committee requests the Government to provide a copy of one of these manuals.

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

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

Noting that the Government’s report does not contain the information requested previously, the Committee refers to the comments it has made this year on the application of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), in which it invites the Government to request technical assistance from the Office for the preparation of reports and for a number of issues pertaining to the occupational safety and health Conventions. The Committee again invites the Government to provide detailed information replying to the questions in the Committee’s observation of 2005 on the application of this Convention.

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

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s report and wishes to draw its attention to the points raised on many occasions in its previous comments.

2. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Measures taken in the light of the knowledge available. The Committee notes the Government’s indication that the Ecuadorian Commission on Atomic Energy (CEEA) has given an undertaking to the International Atomic Energy Agency (IAEA) to amend the Regulations on radiological safety (RSR) of 1979 during the course of the technical assistance cycle 2005-06 with a view to bringing the national regulations into conformity with international standards on the maximum permissible dose limits for the exposure of workers adopted by the International Commission on Radiological Protection (ICRP) in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources established under the auspices of the IAEA, ILO, WHO and three other international organizations. The Committee requests the Government to take the necessary measures rapidly with a view to bringing its legislation into conformity with these provisions of the Convention with due consideration being given to the general observation of 1992 and to provide a copy of the amended regulations as soon as they have been adopted.

3. Article 7. Workers under the age of 18 directly engaged in radiation work. The Committee notes that section 3 of the Regulations on radiological safety of 1979 defines radiation areas as areas where the radiation doses may be higher than 5 mrem per hour and that this definition will also be amended during the course of the technical assistance cycle 2005-06 so that young persons under the age of 18 cannot be assigned to work involving exposure to ionizing radiations. It also notes the information that the CEEA does not authorize work permits for young persons under the age of 18 to perform work involving ionizing radiations or in "radiation areas". The Committee once again requests the Government to take the necessary measures rapidly and to provide it with a copy of the amended regulations as soon as they have been adopted.

4. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information that workers who, for medical reasons, can no longer work under conditions involving exposure to ionizing radiations may be granted compensation following classification as being affected by an occupational disease by the Ecuadorian Social Security Institute (IESS). In this context, the Committee wishes to draw the attention of the Government to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. In the light of the foregoing, the Committee requests the Government to consider appropriate measures to ensure that no worker shall be employed or shall continue to be employed in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

5. Exposure during emergency situations. The Committee notes that exposure during emergency situations is regulated by the Manual on normal procedures and in cases of emergency, which requires the information on radioactive sources in the country to be updated. It also notes that this manual is prepared for each individual user and that it is regularly updated to ensure that it is in conformity with the international recommendations determining the admissible dose levels in cases of emergency. The Committee requests the Government to provide a copy of one of these manuals.

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

The Committee takes note of the Government’s report in response to its previous comments. With reference to its previous comments, the Committee draws the Government’s attention to the need to adopt measures to give full effect to the following Articles of the Convention.

1. Article 1 of the Convention. The Committee notes the Government’s indication that tripartite consultations will be carried out, in accordance with the provisions of Convention No. 144, when new provisions concerning the application of the Convention are considered for adoption. The Committee therefore requests the Government to provide further information regarding any development in this respect.

2. Article 3, paragraph 1, and Article 6, paragraph 2. The Committee notes the Government’s indication that the Regulations on Radiological Safety of 8 August 1979 have not been modified yet. Nevertheless, according to the Ecuadorian Commission on Atomic Energy (CEEA), responsible for the elaboration of modifications to legislative texts concerning radiation protection in the light of the technical evolution, the recommendations issued periodically by the International Commission on Radiological Protection (ICRP) are applied in practice. The Committee requests the Government to indicate the manner in which it is ensured that the latest recommendations of the ICRP, and in particular the dose limits contained therein, are effectively enforced, since the dose limits for the exposure of the different categories of workers to ionizing radiation established under section 1 of the Regulations on Radiation Safety, 1979, do not reflect the dose limits recommended by the ICRP in 1990. In this respect, the Committee notes that the Government had already indicated in its report of 1996 that new regulations on radiation safety have been elaborated, together with the representatives of employers and workers. Recalling that Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, require the adoption of measures in the light of the current knowledge to give effect to the provisions of the Convention, the Committee hopes that the Government will adopt the above draft regulations to harmonize the national regulations concerning the maximum permissible dose limits for workers’ exposure with those adopted by the ICRP in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources developed under the auspices of the IAEA, ILO, WHO and three other international organizations.

3. Article 7. Further to its previous comments, the Committee refers again to the basic standards for radiation protection, issued by the CEEA, section 2.1.1(e), which prohibit categorically the employment of young persons under 18 years of age in work with radiation and in "radiation areas", in conformity with this Article of the Convention, whereas section 3 of the Regulations on Radiation Safety, 1979, prohibits the employment of young persons under 18 years of age in radiation areas, which are defined in the above Regulations as areas where the radiation doses might be higher than 5 m rem per hour. In view of the existing discrepancy, the Committee urges the Government to amend the Regulations on Radiation Safety, 1979, in order to ensure that young persons under 18 years of age indeed may not be engaged in work involving exposure to ionizing radiations.

4. Provision of alternative employment. With regard to measures to be taken to ensure the provision of alternative employment to workers who, for health reasons, are to discontinue their work involving ionizing radiations, the Committee notes the Government’s indication that there is still no system for offering alternative employment to the workers concerned. The Committee draws the Government’s attention to paragraph 32 of its 1992 general observation under the Convention underlining that the offer of suitable alternative employment opportunities to the workers concerned derives from the provision of Article 3, paragraph 1, of this Convention, according to which effective protection of workers must be ensured. In addition, the Committee again refers to the explanations provided under paragraphs 28-34 and 35(d) of its 1992 general observation under the Convention, as well as to the principles set out in paragraphs I.18 and V.27 of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. In the light of these indications, the Committee requests the Government to take the necessary measures to provide suitable alternative employment to workers who are, for health reasons, to discontinue radiation work, or to enable them to maintain their income otherwise through social security measures.

5. Exposure to emergency situations. The Committee notes that the Government refers to the Regulations on Radiation Safety, 1979, which focus on the rights of workers in the case of their overexposure following an accident. Referring again to the explanations provided under paragraphs 16-27 and 35(c) of the Committee’s 1992 general observation under the Convention, and to paragraphs V.27 and V.30 of the International Basic Safety Standards, the Committee requests the Government to supply additional information on the circumstances in which the exceptional exposure of workers may be authorized and the measures taken or envisaged to optimize the protection during accidents and emergency situations, in particular with regard to the design of protective features of the workplace and equipment, and the development of techniques whose use, during emergency interventions, would enable the exposure of persons to ionizing radiations to be avoided.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 matters raised in its previous direct request, which read as follows:

1.  Article 1 of the Convention.  The Committee noted in its earlier comments the lack of consultation of workers’ and employers’ representatives in the adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979. Referring also to its observation regarding the Convention, the Committee hopes that the Government will consult employers’ and workers’ representatives in the adoption of any new provisions issued to apply the Convention.

2.  Article 7.  In its previous comments, the Committee noted that section 2.1.1(e) of the Basic Standards for Radiation Protection, issued by the Ecuadorean Commission on Atomic Energy (CEEA) in 1986, provides that persons under 18 years of age shall be categorically prohibited from employment in work with radiation and in "radiation areas", in conformity with this Article of the Convention. Referring to Regulation 3 of the Regulations on Radiation Safety (No. 3640 of 1979), the Committee asked the Government to indicate the measures taken or envisaged to amend this regulation in order to make it clear in Regulation No. 3640 that persons under 18 years of age shall not be employed in any work involving exposure to ionizing radiation. The Committee hopes that the Government will take measures to this effect in the current revision of provisions on radiation protection.

3.  Provision of alternative employment.  The Committee notes the Government’s indications to the effect that there is no machinery for offering alternative employment to workers who are medically advised not to continue employment in which the work involves exposure to ionizing radiation. Referring to the explanation set out in paragraphs 28 to 34 and 35(d) of its 1992 general observation, and to the principles laid down in paragraphs 96 and 238 of the Basic International Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, the Committee requests the Government to supply information on the measures envisaged to ensure effective protection of workers having accumulated an effective dose beyond which they run an unacceptable risk and who may for this reason have to choose between sacrificing their health and losing their employment.

4.  Exposure in emergency situations.  Referring to the explanations in paragraphs 16 to 27 and 35(c) of its 1992 general observation and to paragraphs 233 and 236 of the 1994 Basic International Safety Standards, the Committee requests the Government to supply information on the measures taken or contemplated for such situations.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the information supplied by the Government in its reports of October 1994 and 1996. It also notes the observations made by the Central Ecuatoriana de Organizaciones Clasistas (Ecuadorian Central of Class Organizations) to the effect that provisions on radiation protection should be updated in the light of new knowledge. The Committee notes in this respect the Government’s indications that new regulations on radiation safety have been prepared with employers’ and workers’ representatives. The Committee hopes that the Government will soon report the provisions which have been adopted and are applicable to all activities involving exposure of workers to ionizing radiations in the course of their work and in accordance with the dose limits mentioned in its general observation of 1992, in the light of current knowledge, such as that contained in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and the Basic Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, developed under the auspices of the IAEA, ILO and WHO, and three other international organizations, which are based on the ICRP Recommendations.

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

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Article 1 of the Convention. The Committee noted in its earlier comments the lack of consultation of workers' and employers' representatives in the adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979. Referring also to its observation regarding the Convention, the Committee hopes that the Government will consult employers' and workers' representatives in the adoption of any new provisions issued to apply the Convention.

2. Article 7. In its previous comments, the Committee noted that section 2.1.1(e) of the Basic Standards for Radiation Protection, issued by the Ecuadorean Commission on Atomic Energy (CEEA) in 1986, provides that persons under 18 years of age shall be categorically prohibited from employment in work with radiation and in "radiation areas", in conformity with this Article of the Convention. Referring to Regulation 3 of the Regulations on Radiation Safety (No. 3640 of 1979), the Committee asked the Government to indicate the measures taken or envisaged to amend this regulation in order to make it clear in Regulation No. 3640 that persons under 18 years of age shall not be employed in any work involving exposure to ionizing radiation. The Committee hopes that the Government will take measures to this effect in the current revision of provisions on radiation protection.

3. Provision of alternative employment. The Committee notes the Government's indications to the effect that there is no machinery for offering alternative employment to workers who are medically advised not to continue employment in which the work involves exposure to ionizing radiation. Referring to the explanation set out in paragraphs 28 to 34 and 35(d) of its 1992 General Observation, and to the principles laid down in paragraphs 96 and 238 of the Basic International Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, the Committee requests the Government to supply information on the measures envisaged to ensure effective protection of workers having accumulated an effective dose beyond which they run an unacceptable risk and who may for this reason have to choose between sacrificing their health and losing their employment.

4. Exposure in emergency situations. Referring to the explanations in paragraphs 16 to 27 and 35(c) of its 1992 General Observation and to paragraphs 233 and 236 of the 1994 Basic International Safety Standards, the Committee requests the Government to supply information on the measures taken or contemplated for such situations.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its reports of October 1994 and 1996. It also notes the observations made by the Central Ecuatoriana de Organizaciones Clasistas (Ecuadorian Central of Class Organizations) to the effect that provisions on radiation protection should be updated in the light of new knowledge. The Committee notes in this respect the Government's indications that new regulations on radiation safety have been prepared with employers' and workers' representatives. The Committee hopes that the Government will soon report the provisions which have been adopted and are applicable to all activities involving exposure of workers to ionizing radiations in the course of their work and in accordance with the dose limits mentioned in its general observation of 1992, in the light of current knowledge, such as that contained in the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and the Basic Safety Standards for Protection Against Ionizing Radiation and for the Safety of Radiation Sources of 1994, developed under the auspices of the IAEA, ILO and WHO, and three other international organizations, which are based on the ICRP Recommendations.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

I. The Committee notes the information contained in the Government's report in reply to its previous direct request as well as the adoption of a series of safety guidelines concerning exposure to radiation. The Government is requested to provide further information on the following points:

1. Article 1 of the Convention. The Committee notes the Government's statement in its report that, while workers' and employers' representatives were not consulted in the drafting and adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979, consultation could be considered to be held by the mere fact that these Decrees were based on the provisions of the Convention which was drafted and adopted on a tripartite basis at the highest level of international representation. The Committee would recall, however, that this Article of the Convention specifically provides that, in applying the provisions of the Convention, the competent authority shall consult with representatives of employers and of workers. The Committee notes from the Government's report that the safety guidelines elaborated by the Ecuadorian Commission of Atomic Energy are presently being revised. As several of these guidelines concern the direct application of the provisions of the Convention, the Government is requested to indicate the manner in which representatives of employers and workers are consulted in their elaboration.

2. Article 7, paragraphs 1(b) and 2. In its previous comments, the Committee had noted that Regulation 3 of the Regulations on Radiation Safety (No. 3640 of 1979) prohibited the work of persons under 18 years of age in "radiation areas" where the exposure level of radiation doses might be greater than 5 m rem/hr. The Committee noted that this Regulation would not be sufficient for the application of this Article of the Convention as it would appear to permit persons under the age of 18 to be employed in work involving exposure to ionising radiation which could be over 5 rems per year, even if the level of exposure involved would not exceed 5 m rem/hr. It recalled that paragraph 1(b) of Article 7 called for maximum doses of exposure to ionising radiations to be fixed for persons under 18 years in the light of current knowledge (eg., three-tenths of the maximum permissible doses for adults) and that paragraph 2 called for the prohibition of employment of young persons under 16 years of age in all work involving exposure to ionising radiations. According to the definition in the Regulations, however, the non-radiation areas could have levels of radiation as high as 5 rems (50 mSv) per year which is equivalent to the maximum permissible dose for adults under the national regulations.

The Committee notes with interest that section 2.1.1.e. of the Basic Standards for Radiation Protection, issued by the Ecuadorian Commission on Atomic Energy (CEEA) in 1986, provides that persons under 18 years of age shall be categorically prohibited from employment in work with radiation and in "radiation areas", in conformity with Article 7 of the Convention. The Government is requested to indicate the measures taken or envisaged to amend Regulation 3 of the Regulations on Radiation Safety in the same manner in order to clarify that persons under 18 years of age shall not be employed in any work involving exposure to ionising radiation.

3. The Committee notes that, under Regulations 117 and 122 and section 2.1.3 of the Basic Standards for Radiation Protection, every person who is accidentally exposed to an excessive dose of radiation has the right to special payments until his or her recuperation and that, if the employer can no longer use the worker's services because of this excessive exposure, the contract will be terminated and special indemnities will be granted, as long as the worker can prove that the excessive exposure was the employer's fault for not maintaining adequate conditions. The Government is referred to paragraphs 28 to 34 of the Committee's General Observation under this Convention and requested to indicate whether any measures have been taken or are envisaged to ensure that alternative employment is provided for workers for whom it is medically inadvisable to continue employment in work involving exposure to ionising radiations.

II. The Committee would call the Government's attention more generally to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes the information contained in the Government's report in reply to its previous direct request on Article 14 of the Convention. It requests the Government to provide further information on the following points.

Article 1 of the Convention. The Committee notes from the Government's report that consultations with representatives of employers' and workers' organisations do not appear to have been held during the drafting and adoption of Decrees Nos. 3306 of 8 March 1979 and 3640 of 19 July 1979. The Committee recalls that this Article of the Convention requires consultation in the application of the provisions of the Convention and therefore hopes that in the future all measures in this regard will be taken in consultation with representatives of employers and workers in accordance with the Convention.

Article 7, paragraphs 1(b) and 2. The Committee notes that section 3 of the Regulations on Radiation Safety, No. 3640 of 1979, prohibits the work of persons under 18 years of age in "radiation areas". A "radiation area" is defined in the Regulations as a restricted area where the exposure level to radiation doses may be greater than 5 m rem/h.

In regard to Article 7, paragraph 1(b) of the Convention, the Committee recalls that maximum permissible dose levels are to be fixed in light of current knowledge for workers under the age of 18 years and that according to the recommendations of the International Commission on Radiological Protection and the ILO Code of Practice for the Radiation Protection of Workers (Ionising Radiations), persons between 16 and 18 years of age should only work in areas where it is most unlikely that the exposure level would exceed three-tenths (1.5 rems) of the dose limit. Therefore, even though workers under 18 years are prohibited from radiation areas it appears they may still be exposed to radiation doses greater than three-tenths of the dose limit during the course of their work, as no other provision exists which fixes an appropriate maximum permissible dose level for this category of workers.

In regard to Article 7, paragraph 2 of the Convention, the prohibition to work in radiation areas set out in section 3 of the Regulations would also be insufficient to apply this provision of the Convention because as described above it does not prohibit persons under the age of 16 years from engaging in work involving any exposure to ionising radiations as required by the Convention. The Committee notes the Government's statement that section 139 of the 1978 Labour Code also applies this provision of the Convention as it prohibits the employment of minors in certain dangerous and unhealthy activities and as work involving ionising radiations would be considered a dangerous and unhealthy activity pursuant to the prohibition prescribed in section 3 of the said Regulations on Radiation Safety. As indicated above, section 3 of the said Regulations does not give full effect to this provision of the Convention, therefore work involving ionising radiations would need to be expressly included in the list of dangerous and unhealthy activities for section 139 of the Labour Code to fully apply the Convention.

The Committee hopes that the Government will take the necessary measures to fix maximum permissible exposure levels in accordance with Article 7, paragraph 1(b) of the Convention, and to prohibit workers under the age of 16 from work involving any exposure to ionising radiations in accordance with Article 7, paragraph 2 and that the Government will indicate the progress made in this regard in its next report.