Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Ecuador (Ratification: 1978)

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.]

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)

Article 6(2) of the Convention. Duty of employers to collaborate when undertaking activities simultaneously at one workplace. The Committee notes the information provided by the Government in its report. However, the Committee observes that the specified sections of the Labour Code of 16 December 2005 and the Regulations on occupational safety and health and improvement of the working environment (OSH Regulations), adopted by Decree No. 2393 of 19 November 1986, do not give full effect to this Article of the Convention, which refers specifically to collaboration between employers to comply with the prescribed OSH measures, without prejudice to the responsibility of each employer for the health and safety of his employees. The Committee notes in particular that section 41 of the Labour Code refers to the joint responsibility of employers, which is different from the collaboration required by this Article, which is primarily of a preventive nature. Section 434 of the Labour Code generally provides for the obligation to draw up safety and health regulations in every workplace, but does not prescribe any method of collaboration between employers. Furthermore, the sections of the OSH Regulations referred to in the Government’s report establish general obligations for employers and do not impose the duty of collaboration within the meaning of this Article. The Committee requests the Government to provide more 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 8(1) and (3). Air pollution and vibration. In its previous comments, the Committee noted that the Government was establishing such limits by adopting the standards established in this respect by the American Conference of Governmental Industrial Hygienists (ACGIH). The Committee notes that the Government does not provide in its report the requested information on limits for exposure to air pollution and vibration. The Committee once again requests the Government to provide a copy of any legal provision which sets the limits established by the ACGIH and to indicate the manner in which such limits are periodically revised, in accordance with this Article of the Convention.

Article 10. Exceeding exposure limits and protective equipment. The Committee notes the information sent by the Government in its report concerning guidelines or instructions relating to personal protective equipment that must be provided to workers where exposure limits are exceeded. However, the Committee observes that no information has been provided on the methods prescribed for determining whether such limits have been exceeded. The Committee once again requests the Government to indicate the methods prescribed for determining whether the limits specified under Article 8 are exceeded.

Article 11. Medical examinations (pre-assignment and periodic). The Committee notes the information supplied by the Government, particularly the Regulations concerning the functioning of health services in enterprises, adopted by Ministerial Decision No. 1404 of 17 October 1978, which is applicable to both public and private enterprises in all branches of economic activity. Section 11(2) of the aforementioned Regulations includes the following as duties of occupational doctors: carrying out preventive annual medical examinations and health checks on all workers, and performing special examinations in the case of high-risk work, at either six-month or shorter intervals, as required. The Committee notes that the provisions of the Regulations are not binding for enterprises employing fewer than 100 workers, except in cases where the Ministry of Labour decides otherwise. The Committee requests the Government to provide detailed information on the manner in which the specified provisions are applied in practice and on the manner in which the Ministry of Labour determines which enterprises employing fewer than 100 workers are covered by the Regulations.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee notes the information provided by the Government indicating that section 11 of the OSH Regulations establishes the general obligation of employers to notify any reports on risk prevention that they receive to the OSH Committee. Recalling that this Article refers to notification to the competent authorities, the Committee requests the Government to indicate the measures taken or contemplated to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authorities.

Technical assistance. The Committee notes the Government’s indication that it will request technical assistance from the Office with respect to all OSH Conventions and with regard to the revision and preparation of the new OSH Regulations and the revision of the sectoral OSH Regulations.

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

Legislation. Technical assistance. With regard to its previous comments, the Committee notes that the information provided by the Government is of a general nature and, as yet, there are still no specific regulations giving full effect to the Convention. In this respect, the Government indicates that it has not yet been able to update the national regulations and therefore would like to receive technical assistance from the Office, with a view to preparing reports, drafting legislation and matters related to the application of the Convention. The Committee invites the Government to formally request technical assistance from the Office and to provide information on any developments in this respect.

Consequently, the Committee is bound to reiterate its comments of 2009, which read as follows:

Article 6(2) of the Convention. Requirement for employers to cooperate in applying prescribed measures. The Committee notes that the Government merely refers to its previous report without answering the question raised by the Committee. It reminds the Government that under this Article, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures and that, in appropriate circumstances, the competent authorities shall prescribe general procedures for this collaboration. The Committee asks the Government to provide information on the manner in which it ensures compliance in law and in practice with the duty to collaborate laid down in this Article and, if necessary, to prescribe the procedures for such collaboration.

Article 8(1) and (3). Air pollution and vibration. For several years the Committee has been asking the Government provide information on the establishment, by the Inter-institutional Committee on Occupational Safety and Health, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards established for such substances by the American Conference of Governmental Industrial Hygienists. The Committee notes that according the Government, Ecuador has regulated maximum permissible limits of exposure only for asbestos and, for all other cases, they apply international standards. The Committee requests the Government to indicate which international standards it applies, and to submit a copy of the legal provisions providing for the application of these standards. Please also provide documentation on the criteria currently used to define the risks of exposure to air pollution and vibration in the workplace, and the exposure limits, as well as on the manner in which these criteria and limits are supplemented and revised in practice, together with relevant documentation.

Article 10. Exceeding exposure limits and protective equipment. The Committee once again notes that the Government has not sent the information requested. It invites the Government to indicate the methods prescribed for determining whether the limits specified in pursuance of Article 8 are exceeded and to specify the guidelines or instructions on the type of personal protective equipment to be provided to the workers exposed should these limits be exceeded.

Article 11. Medical examinations (pre-assignment and periodical). Please provide information on measures taken, in law and in practice, to regulate how these examinations are carried out and their periodicity.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee repeats its request to the Government for information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authorities.

Application of the Convention in practice. Please provide general information on the manner in which the Convention is applied, together with extracts from inspection reports, with an indication of the number and nature of infringements detected in connection with the Convention, including in the telephone sector. Please also provide reports prepared pursuant to the Andean Occupational Safety and Health Instrument that may be relevant, to enable the Committee to ascertain more fully the extent to which the Convention is applied.

The Committee hopes that the Government will do its utmost to adopt the necessary measures, in the very near future.

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

Article 4 of the Convention. Measures for the prevention and control of occupational hazards due to air pollution, noise and vibration. Article 5. Cooperation between employers and workers. Article 11. Periodical medical examinations. Workers in the telephony sector. In its previous comments, the Committee asked the Government to consult employers and workers as provided for in Article 5 of the Convention with regard to the measures for prevention and protection referred to in Article 4 which apply in the telephony sector, and to provide information on such consultations as well as on measures taken or contemplated. The Committee also asked the Government to provide information on the medical examinations conducted for workers in the sector, indicating their frequency and providing information on their results. The Committee notes the Government’s statement that, in accordance with the report of the Directorate for Occupational Safety and Health and with regard to reducing the length of the working day in the telephony sector, the sectoral committees were assisted by a safety and health team in defining a working day of seven hours, with the option of reviewing the situation. The Committee draws the Government’s attention to the fact that this is a case which it has been dealing with for many years and that, in order to assess whether effect is being given to these Articles in the sector concerned, it is essential that it receives information on the manner in which the application of the abovementioned Articles is ensured in practice. The Committee again requests the Government to supply information on the application of the abovementioned Articles, indicating the action taken by the labour inspectorate in the telephony sector in relation to these Articles of the Convention and the results achieved, so that it can assess whether the measures taken have resulted in improvements for the workers in this sector.

In its observation of 2010, the Committee once again noted with regret that, despite asking the Government to reply in detail to the comments made, the Government’s report was a general summary and, in the absence of further information from the Government, the Committee was unable to assess the importance of the additional information from various sources which was attached to the Government’s report. It pointed out that, in some cases, the information requested did not come within the competence of the unit concerned. The Committee indicated that coordination is necessary both to apply the occupational safety and health (OSH) Conventions and to prepare the respective reports and that, regardless of the internal distribution of competencies, the responsibility for submitting the reports lies with the Government. As a result of the various issues mentioned, the information available did not enable the Committee to assess whether the national law and practice give effect to the obligations deriving from the Convention. However, the Committee noted that certain efforts were being made with regard to OSH in the country. The Committee asked the Government to compile the information requested by the Committee in its previous comments and to reply in detail to the questions posed in 2009. The Committee also asked the Government to contemplate the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to the questions raised in relation to the OSH Conventions. The Committee notes that the Government once again has submitted a brief report which does not reply to the questions raised by the Committee. The Committee is therefore bound to repeat its comments of 2009, which read as follows:

Article 6(2). Requirement for employers to cooperate in applying prescribed measures. The Committee notes that the Government merely refers to its previous report without answering the question raised by the Committee. It reminds the Government that under this Article, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures and that, in appropriate circumstances, the competent authorities shall prescribe general procedures for this collaboration. The Committee asks the Government to provide information on the manner in which it ensures compliance in law and in practice with the duty to collaborate laid down in this Article and, if necessary, to prescribe the procedures for such collaboration.

Article 8(1) and (3). Air pollution and vibration. For several years the Committee has been asking the Government provide information on the establishment, by the Inter-Institutional Committee on Occupational Safety and Health, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards established for such substances by the American Conference of Governmental Industrial Hygienists. The Committee notes that according the Government, Ecuador has regulated maximum permissible limits of exposure only for asbestos and for all other cases, they apply international standards. The Committee requests the Government to indicate which international standards it applies, and submit a copy of the legal provisions providing for the application of these standards. Please also provide documentation on the criteria currently used to define the risks of exposure to air pollution and vibration in the workplace, and the exposure limits, as well as on the manner in which these criteria and limits are supplemented and revised in practice, together with relevant documentation.

Article 10. Exceeding exposure limits and protective equipment. The Committee once again notes that the Government has not sent the information requested. It invites the Government to indicate the methods prescribed for determining whether the limits specified in pursuance of Article 8 are exceeded and to specify the guidelines or instructions on the type of personal protective equipment to be provided to the workers exposed should these limits be exceeded.

Article 11. Medical examinations (pre-assignment and periodical). Please provide information on measures taken, in law and in practice, to regulate how these examinations are carried out and that periodicity.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee repeats its request to the Government for information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authorities.

Part IV of the report form. Application in practice. Please provide general information on the manner in which the Convention is applied, together with extracts from inspection reports with an indication of the number and nature of infringements detected in connection with the Convention, including in the telephone sector. Please also provide reports prepared pursuant to the Andean Occupational Safety and Health Instrument that may be relevant, to enable the Committee to ascertain more fully the extent to which the Convention is applied.

In general, the Committee notes that although it has asked the Government to reply in detail to its comments of 2006, the information sent by the Government is summary and general in nature. The Committee also notes that the type of reply sent by the Government does now allow it to resolve the application of the issues that it has been raising for several years. The Committee requests the Government to reply in detail to the present comments attaching copies of the legislative provisions, and to provide examples that illustrate the assertions it makes in its report. The Committee draws the Government’s attention to the fact that it may seek technical assistance from the Office should it deem this necessary.

The Committee again requests the Government to contemplate the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to questions raised in relation to the OSH Conventions, and to supply information on any needs that may arise in this regard.

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

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

Article 4 of the Convention. Measures for the prevention and control of occupational hazards due to air pollution, noise and vibration. Article 5. Cooperation between employers and workers. Article 11. Periodical medical examinations. Workers in the telephony sector. In its previous comments the Committee asked the Government to consult employers and workers as provided for in Article 5 of the Convention with regard to the measures for prevention and protection referred to in Article 4 which apply in the telephony sector, and to provide information on such consultations as well as on measures taken or contemplated. The Committee also asked the Government to provide information on the medical examinations conducted for workers in the sector, indicating their frequency and providing information on their results. The Committee notes the Government’s statement that, in accordance with the report of the Directorate for Occupational Safety and Health and with regard to reducing the length of the working day in the telephony sector, the sectoral committees were assisted by a safety and health team in defining a working day of seven hours, with the option of reviewing the situation. The Committee draws the Government’s attention to the fact that this is a case which it has been dealing with for many years and that, in order to assess whether effect is being given to these Articles in the sector concerned, it is essential that it receives information on the manner in which the application of the abovementioned Articles is ensured in practice. The Committee again requests the Government to supply information on the application of the abovementioned Articles, indicating the action taken by the labour inspectorate in the telephony sector in relation to these Articles of the Convention and the results achieved, so that it can assess whether the measures taken have resulted in improvements for the workers in this sector.

In its observation of 2010, the Committee once again noted with regret that, despite asking the Government to reply in detail to the comments made, the Government’s report was a general summary and, in the absence of further information from the Government, the Committee was unable to assess the importance of the additional information from various sources which was attached to the Government’s report. It pointed out that, in some cases, the information requested did not come within the competence of the unit concerned. The Committee indicated that coordination is necessary both to apply the occupational safety and health (OSH) Conventions and to prepare the respective reports and that, regardless of the internal distribution of competencies, the responsibility for submitting the reports lies with the Government. As a result of the various issues mentioned, the information available did not enable the Committee to assess whether the national law and practice give effect to the obligations deriving from the Convention. However, the Committee noted that certain efforts were being made with regard to OSH in the country. The Committee asked the Government to compile the information requested by the Committee in its previous comments and to reply in detail to the questions posed in 2009. The Committee also asked the Government to contemplate the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to the questions raised in relation to the OSH Conventions. The Committee notes that the Government once again has submitted a brief report which does not reply to the questions raised by the Committee. The Committee is therefore bound to repeat its comments of 2009, which read as follows:

Article 6(2). Requirement for employers to cooperate in applying prescribed measures. The Committee notes that the Government merely refers to its previous report without answering the question raised by the Committee. It reminds the Government that under this Article, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures and that, in appropriate circumstances, the competent authorities shall prescribe general procedures for this collaboration. The Committee asks the Government to provide information on the manner in which it ensures compliance in law and in practice with the duty to collaborate laid down in this Article and, if necessary, to prescribe the procedures for such collaboration.

Article 8(1) and (3). Air pollution and vibration. For several years the Committee has been asking the Government provide information on the establishment, by the Inter-Institutional Committee on Occupational Safety and Health, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards established for such substances by the American Conference of Governmental Industrial Hygienists. The Committee notes that according the Government, Ecuador has regulated maximum permissible limits of exposure only for asbestos and for all other cases, they apply international standards. The Committee requests the Government to indicate which international standards it applies, and submit a copy of the legal provisions providing for the application of these standards. Please also provide documentation on the criteria currently used to define the risks of exposure to air pollution and vibration in the workplace, and the exposure limits, as well as on the manner in which these criteria and limits are supplemented and revised in practice, together with relevant documentation.

Article 10. Exceeding exposure limits and protective equipment. The Committee once again notes that the Government has not sent the information requested. It invites the Government to indicate the methods prescribed for determining whether the limits specified in pursuance of Article 8 are exceeded and to specify the guidelines or instructions on the type of personal protective equipment to be provided to the workers exposed should these limits be exceeded.

Article 11. Medical examinations (pre-assignment and periodical). Please provide information on measures taken, in law and in practice, to regulate how these examinations are carried out and that periodicity.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee repeats its request to the Government for information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authorities.

Part IV of the report form. Application in practice. Please provide general information on the manner in which the Convention is applied, together with extracts from inspection reports with an indication of the number and nature of infringements detected in connection with the Convention, including in the telephone sector. Please also provide reports prepared pursuant to the Andean Occupational Safety and Health Instrument that may be relevant, to enable the Committee to ascertain more fully the extent to which the Convention is applied.

In general, the Committee notes that although it has asked the Government to reply in detail to its comments of 2006, the information sent by the Government is summary and general in nature. The Committee also notes that the type of reply sent by the Government does now allow it to resolve the application of the issues that it has been raising for several years. The Committee requests the Government to reply in detail to the present comments attaching copies of the legislative provisions, and to provide examples that illustrate the assertions it makes in its report. The Committee draws the Government’s attention to the fact that it may seek technical assistance from the Office should it deem this necessary.

The Committee again requests the Government to contemplate the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to questions raised in relation to the OSH Conventions, and to supply information on any needs that may arise in this regard.

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

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

The Committee notes the Government’s brief report which includes copies of three internal safety and health regulations of the enterprises Adelca, Mezclalista and Baker Hughes Incorporated, apparently adopted pursuant to Ministerial Resolution No. 219 of 2005, and other information from various sources. Further to the comments that it has made for several years, the Committee once again notes with regret that, despite asking the Government to reply in detail to the comments made, the Government’s report is a general summary and, in the absence of further explanation by the Government, the Committee is unable to assess the importance of the further information from various sources attached to the Government’s report. In some cases, it is pointed out that the information requested is not within the remit of the unit concerned. The Committee indicates that regardless of the internal distribution of competencies, coordination is necessary both to apply the occupational safety and health Conventions and to prepare the respective reports and that, regardless of the internal distribution of responsibilities, the responsibility for presenting the reports lies with the Government. As a result of the various issues mentioned, the information available does not allow the Committee to assess whether the national legislation and practice give effect to the obligations assumed under the Convention. However, the Committee notes that certain efforts are being made with regard to occupational safety and health in the country. For example, the Committee notes that the Occupational Safety and Health Unit has now become the Occupational Safety and Health Directorate and that the Committee’s comments have been sent to the new authorities for their respective comments. The Committee requests the Government to gather together the information requested in its previous comments and to reply in detail to the questions raised in 2009. The Committee asks the Government to consider the possibility of requesting technical assistance from the Office with a view to preparing reports and replying to the questions raised in relation to the occupational safety and health Conventions.

Plan of Action (2010–16). The Committee takes this opportunity to inform the Government that in March 2010 the Governing Body adopted the Plan of Action 2010–16 to achieve widespread ratification and effective implementation of the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (document GB.307/10/2(Rev.)). The Committee draws the Government’s attention to the fact that, under this Plan, the Office is providing technical assistance to governments so that they can bring their legislation and practices into conformity with these key occupational safety and health Conventions in order to promote their ratification and effective implementation. Furthermore, the Committee recalls that the Office is available to provide assistance with the preparation of reports on ratified Conventions. The Committee requests the Government to provide information on any needs that may arise in this regard.

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes the Andean Community Decision No. 584, the “Andean Occupational Safety and Health Instrument”, replacing Decision No. 547, and Resolution No. 957 issuing regulations for the Andean Occupational Safety and Health Instrument. The Committee observes that these instruments appear to pave the way for a ratification of the Occupational Safety and Health Convention, 1981 (No. 155) and its Protocol, and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and draws the Governments attention to paragraphs 295 and 296 of its 2009 General Survey on Convention No. 155. The Committee asks the Government to provide information on any developments in this regard.

The Committee notes Ministerial Agreements Nos 219 and 220 of 2005, the first of which refers to a register of occupational safety and health professionals and the second to the adoption of internal safety and health regulations. The Committee requests the Government to provide copies of the internal safety and health regulations in the sectors covered by the Convention and to continue to provide information on all legislation relating to the Convention.

Article 4. Measures for the prevention and control of occupational hazards due to air pollution, noise and vibration; Article 5. Cooperation between employers and workers; and Article 11. Periodical medical examinations. For several years the Committee has been discussing with the Government on the safety and health status of workers in the telephone sector, with reference to observations from trade union organizations citing serious repercussions on the health of workers in this sector from prolonged exposure to risk factors and the extended working day, which was fixed at four and a half hours, to reduce the risk of exposure until 1999, when it was modified by collective agreement. The Government states that the technology has been changed and is now safer, so these problems no longer exist. In its last observation the Committee sought information on the repercussions on the sector of the extension of the working hours. The Committee notes that the Government has not provided this information. It points out to the Government that the examination of this issue was triggered by serious allegations from workers’ organizations regarding the telephone sector, referring among other things to deaths, ruptured cerebral aneurisms, pulmonary oedema, and loss of visual and hearing capacity. The Committee therefore needs detailed information about the present situation in the sector so that it can ascertain whether or not these issues have been resolved. The Committee invites the Government to consult with the employers and workers as provided in Article 5 of the Convention on the measures for prevention and protection referred to in Article 4, which apply in the telephone sector, and to provide information on such consultations as well as on measures taken or envisaged. The Committee also asks the Government to provide particulars of the medical examinations conducted for workers in the sector, indicating their frequency and providing information on their results.

Article 6, paragraph 2. Requirement for employers to cooperate in applying prescribed measures. The Committee notes that the Government merely refers to its previous report without answering the question raised by the Committee. It reminds the Government that under this Article, whenever two or more employers undertake activities simultaneously at one workplace, they shall have the duty to collaborate in order to comply with the prescribed measures and that, in appropriate circumstances, the competent authorities shall prescribe general procedures for this collaboration. The Committee asks the Government to provide information on the manner in which it ensures compliance in law and in practice with the duty to collaborate laid down in this Article and, if necessary, to prescribe the procedures for such collaboration.

Article 8, paragraphs 1 and 3. Air pollution and vibration. For several years the Committee has been asking the Government provide information on the establishment, by the Inter-institutional Committee on Occupational Safety and Health, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards established for such substances by the American Conference of Governmental Industrial Hygienists. The Committee notes that according the Government, Ecuador has regulated maximum permissible limits of exposure only for asbestos and for all other cases, they apply international standards. The Committee requests the Government to indicate which international standards it applies, and submit a copy of the legal provisions providing for the application of these standards. Please also provide documentation on the criteria currently used to define the risks of exposure to air pollution and vibration in the workplace, and the exposure limits, as well as on the manner in which these criteria and limits are supplemented and revised in practice, together with relevant documentation.

Article 10. Exceeding exposure limits and protective equipment. The Committee once again notes that the Government has not sent the information requested. It invites the Government to indicate the methods prescribed for determining whether the limits specified in pursuance of Article 8 are exceeded and to specify the guidelines or instructions on the type of personal protective equipment to be provided to the workers exposed should these limits be exceeded.

Article 11. Medical examinations (pre-assignment and periodical). Please provide information on measures taken, in law and in practice, to regulate how these examinations are carried out and that periodicity.

Article 12. Notification to the competent authority of processes, substances, machinery and equipment which involve exposure. The Committee repeats its request to the Government for information on the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authorities.

Part IV of the report form. Application in practice. Please provide general information on the manner in which the Convention is applied, together with extracts from inspection reports with an indication of the number and nature of infringements detected in connection with the Convention, including in the telephone sector. Please also provide reports prepared pursuant to the Andean Occupational Safety and Health Instrument that may be relevant, to enable the Committee to ascertain more fully the extent to which the Convention is applied.

In general, the Committee notes that although it has asked the Government to reply in detail to its comments of 2006, the information sent by the Government is summary and general in nature. The Committee also notes that the type of reply sent by the Government does now allow it to resolve the application of the issues that it has been raising for several years. The Committee requests the Government to reply in detail to the present comments attaching copies of the legislative provisions, and to provide examples that illustrate the assertions it makes in its report. The Committee draws the Government’s attention to the fact that it may seek technical assistance from the Office should it deem this necessary.

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

1. The Committee notes the information contained in the Government’s reports. 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 in which it informs the Office that Rosas del Ecuador no longer exists and that its labour obligations will be fulfilled by mutual agreement by the end of February 2005, as noted in memorandum
No. 023-ITP-2005. The Committee infers the CEOSL no longer has a cause of action in this matter.

2. The Committee notes with regret that the information supplied by the Government in the abovementioned reports is sparse and general in nature. In view of the lack of progress in this matter, the Committee urges the Government to take steps in the near future to make the necessary amendments to the legislation and to ensure that full effect is given to the Convention. The Committee accordingly reiterates its previous observation, which read as follows:

1. The Committee notes the Government’s reply to its previous comments based on the comments made by the Latin American Central of Workers (CLAT), the National Union of Workers of the Telephone, Annotation and Revision Services of the Ecuadorian Telecommunications Institute (IETEL) “17 May”, affiliated to the CLAT, and the Ecuadorian Confederation of United Class Organizations of Workers (CEDOC) concerning information on the application in practice of measures under Ministerial Agreement No. 136 of 23 February 1999 intended to afford protection to workers and supervisors in the telephone services against occupational hazards arising out of environmental noise and pollution such as those setting the normal working day at four and a half hours per day. It notes that the Government maintains that despite the Agreement of the Ministry of Labour and Human Resources No. 136 of 23 February 1999, which fixed the normal working day for telephone operators and supervisors at four and a half hours per day, during collective bargaining the workers obtained extensions to such limits of their own free will. The Committee would be grateful if the Government would provide copies of the said collective agreements voluntarily agreed to by the unions extending the normal working day beyond those set out in Agreement No. 136 of 1999. It would also be grateful if the Government would give its views as to the impact of such agreements on the safety and health of the workers of the sector, in view of the limits set by Agreement
No. 136 of 23 February 1999.

2. The Committee has requested, on several occasions, that the Government adopt the necessary measures to give effect to a certain number of Articles of the Convention. The Committee notes that the Government once again refers to sections of the Labour Code (sections 42, 416, 418, 441 and 443) that do not address the specific requirements of the said Articles of the Convention. The Committee wishes to indicate that as the provisions of the Convention are not, in principle, self-executing, upon ratification of the Convention, the Government is obliged to adopt all necessary legislative, regulatory and practical measures on the following provisions of the Convention.

Article 6, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the Government’s response that sections 416 and 418 establish the employer’s responsibility in respect of the prevention of risks, and that the committees that assess risks can determine the responsibilities in the event of joint work in order to avoid occupational accidents or diseases. Moreover, it is the responsibility of all employers, without exception, irrespective of the fact that there may or may not be more than one employer at a workplace, to meet the requirements of section 42 of the Labour Code, without prejudice to the responsibility of each employer. The Committee would like to point out, however, that there are no procedures prescribed for the requirements of this paragraph of Article 6 of the Convention that employers are required to collaborate whenever two or more of them undertake activities simultaneously at one workplace. It hopes the Government will soon take the necessary measures to ensure that such collaboration is required of employers whenever they are undertaking activities simultaneously at one workplace.

Article 8, paragraphs 1 and 3. Air pollution and vibration. The Committee notes from the Government’s report that there is no progress to report on the matters raised under these paragraphs of Article 8 of the Convention. It therefore reiterates its previous hope for the establishment, by the Inter-Institutional Committee on Occupational Safety and Health, and under section 63 of the Safety and Health Regulations, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. Please indicate the measures taken in this regard.

Article 10. The Committee notes that there is no progress made regarding its previous comments under this Article of the Convention. It must therefore reiterate its hope that the Government will shortly take the necessary measures to establish guidelines or instructions concerning the type of personal protective equipment
(e.g. double-layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc.) to be provided to workers exposed to vibration, based on section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986). Please indicate the measures taken in this regard.

Article 11, paragraph 1. Further to its previous comments, the Committee notes that this is met by integral inspections, and particularly those carried out by the Occupational Safety and Health Department, but that there has been no information available on the reports of these inspections. The Committee wishes to recall its previous comment where it had noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and excessive noise. It reiterates its request to the Government to indicate the measures taken to ensure that workers who may be assigned to work involving exposure to air pollution, noise or vibration are provided with medical examinations prior to their assignment to such work and to indicate the periodicity determined by the competent authority for the medical examinations to be provided to workers exposed to air pollution, noise or vibration. Please provide all indications in this regard.

Article 12. The Committee notes that there is no progress made on matters raised in its previous comments under this Article of the Convention. It must therefore reiterate its request to the Government to indicate the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authority.

[The Government is asked to reply in detail to the present comments in 2007.]

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

1. The Committee notes the Government’s reply to its previous comments based on the comments made by the Latin American Central of Workers (CLAT), the National Union of Workers of the Telephone, Annotation and Revision Services of the Ecuadorian Telecommunications Institute (IETEL) "17 May", affiliated to the CLAT, and the Ecuadorian Confederation of United Class Organizations of Workers (CEDOC) concerning information on the application in practice of measures under Ministerial Agreement No. 136 of 23 February 1999 intended to afford protection to workers and supervisors in the telephone services against occupational hazards arising out of environmental noise and pollution such as those setting the normal working day at four and a half hours per day. It notes that the Government maintains that despite the Agreement of the Ministry of Labour and Human Resources No. 136 of 23 February 1999, which fixed the normal working day for telephone operators and supervisors at four and a half hours per day, during collective bargaining the workers obtained extensions to such limits of their own free will. The Committee would be grateful if the Government would provide copies of the said collective agreements voluntarily agreed to by the unions extending the normal working day beyond those set out in Agreement No. 136 of 1999. It would also be grateful if the Government would give its views as to the impact of such agreements on the safety and health of the workers of the sector, in view of the limits set by Agreement No. 136 of 23 February 1999.

2. The Committee has requested, on several occasions, that the Government adopt the necessary measures to give effect to a certain number of Articles of the Convention. The Committee notes that the Government once again refers to sections of the Labour Code (sections 42, 416, 418, 441 and 443) that do not address the specific requirements of the said Articles of the Convention. The Committee wishes to indicate that as the provisions of the Convention are not, in principle, self-executing, upon ratification of the Convention, the Government is obliged to adopt all necessary legislative, regulatory and practical measures on the following provisions of the Convention.

Article 6, paragraph 2, of the Convention. Further to its previous comments, the Committee notes the Government’s response that sections 416 and 418 establish the employer’s responsibility in respect of the prevention of risks, and that the committees that assess risks can determine the responsibilities in the event of joint work in order to avoid occupational accidents or diseases. Moreover, it is the responsibility of all employers, without exception, irrespective of the fact that there may or may not be more than one employer at a workplace, to meet the requirements of section 42 of the Labour Code, without prejudice to the responsibility of each employer. The Committee would like to point out, however, that there are no procedures prescribed for the requirements of this paragraph of Article 6 of the Convention that employers are required to collaborate whenever two or more of them undertake activities simultaneously at one workplace. It hopes the Government will soon take the necessary measures to ensure that such collaboration is required of employers whenever they are undertaking work simultaneously at one workplace.

Article 8, paragraphs 1 and 3. Air Pollution and Vibration. The Committee notes from the Government’s report that there is no progress to report on the matters raised under these paragraphs of Article 8 of the Convention. It therefore reiterates its previous hope for the establishment, by the Inter-Institutional Committee on Occupational Safety and Health, and under section 63 of the Safety and Health Regulations, of exposure limits for corrosive, irritating and toxic substances, by adopting the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. Please indicate the measures taken in this regard.

Article 10. The Committee notes that there is no progress made regarding its previous comments under this Article of the Convention. It must therefore reiterate its hope that the Government will shortly take the necessary measures to establish guidelines or instructions concerning the type of personal protective equipment (e.g. double-layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc.) to be provided to workers exposed to vibration, based on section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986). Please indicate the measures taken in this regard.

Article 11, paragraph 1. Further to its previous comments, the Committee notes that this is met by integral inspections, and particularly those carried out by the Occupational Safety and Health Department, but that there has been no information available on the reports of these inspections. The Committee wishes to recall its previous comment where it had noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and excessive noise. It reiterates its request to the Government to indicate the measures taken to ensure that workers who may be assigned to work involving exposure to air pollution, noise or vibration are provided with medical examinations prior to their assignment to such work and to indicate the periodicity determined by the competent authority for the medical examinations to be provided to workers exposed to air pollution, noise or vibration. Please provide all indications in this regard.

Article 12. The Committee notes that there is no progress made on matters raised in its previous comments under this Article of the Convention. It must therefore reiterate its request to the Government to indicate the measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authority.

[The Government is asked to reply in detail to the present comments in 2003.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has requested, on several occasions, that the Government adopt the necessary measures to give effect to a certain number of Articles of this Convention. The Committee notes with regret that the Government has not yet provided the requested information, and it must therefore reiterate its previous request. Moreover, the Committee recalls that when a member State ratifies a Convention, it is obliged to adopt all the necessary legislative, regulatory and practical measures to give effect to the provision of the Convention. Therefore, the Committee urges the Government to adopt the aforementioned measures and thus give effect to the Articles concerning which detailed information has been requested on repeated occasions.

Article 6, paragraph 2, of the Convention. The Committee notes the indication in the Government’s report that no cases have been registered where two or more employers undertake activities simultaneously at one workplace but that, if such cases were to arise, the Ecuadorian Social Security Institute (IESS) and the Ministry of Labour would establish the responsibilities with respect to each employer. The Committee would recall that the possibility of two or more employers undertaking activities simultaneously at the same workplace may occur in a variety of circumstances, for example construction sites. In such instances, there should be a duty for the employers to collaborate in order to better comply with prescribed safety and health measures, without prejudice to their individual responsibility for workers’ health and safety. The Government is, therefore, requested to indicate the manner in which it is ensured that employers collaborate with one another with respect to workers’ safety and health whenever they may undertake activities simultaneously at the same workplace.

Article 8, paragraphs 1 and 3. (a) Air pollution. In its previous comments, the Committee notes that, under section 63 of the Safety and Health Regulations, exposure limits for corrosive, irritating and toxic substances were to be established by the Inter-Institutional Committee on Occupational Safety and Health. In its latest report, the Government has indicated that the Inter Institutional Committee is presently drafting a proposal to adopt the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. The Government is requested to indicate, in its next report, the progress made in this regard.

(b) Vibration. The Committee notes the Government’s indication that the Inter-Institutional Committee is preparing standards with respect to vibrations. The Government is requested to indicate, in its next report, any criteria established for determining the hazards of exposure to vibration.

Article 10. In its previous comments, the Committee requested the Government to indicate whether any guidelines or instructions had been established concerning the type of personal protective equipment (e.g. double layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc.) to be provided to workers exposed to vibration. In its latest report, the Government has indicated that the Inter-Institutional Committee has proposed elaborating relevant standards for the protection of workers against hazards due to vibration. The Government is requested to indicate any progress made in this regard and to keep the Office informed of any guidelines or instructions established concerning the type of personal protective equipment to be provided to workers exposed to vibration by virtue of section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986).

Article 11, paragraph 1. In its previous comments, the Committee noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and to excessive noise. The Government is requested to indicate the measures taken to ensure that workers who may be assigned to work involving exposure to air pollution, noise or vibration are provided with medical examinations prior to their assignment to such work and to indicate the periodicity determined by the competent authority for the medical examinations to be provided to workers exposed to air pollution or to vibration.

Article 12. In its previous comments, the Committee notes that section 6(2) of the Safety and Health Regulations provided that a technical study of the safety and health issues relevant to a proposed process must be undertaken and that the engineering proposal must include the procedures necessary to counter the occupational risks involved. In its latest report, the Government has indicated that the feasibility studies include a detailed layout of the procedures to be taken to ensure industrial safety, as well as the machinery and equipment to be used. Furthermore, the Government proposes to establish a coordinating mechanism between the Occupational Safety and Health Department of the Ministry of Labour and the Ministry of Industry in order to ensure greater control over dangerous processes, substances and equipment. The Government is requested to indicate any measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authority.

[The Government is requested to report in detail in 2002.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. With reference to its previous comments, the Committee recalls that it noted the observations made by the Latin American Central of Workers (CLAT) regarding the extension of the working day for operators and supervisors of the national telephone service, in accordance with Ministerial Agreement No. 709 of 31 December 1993, which resulted in risks involving the reduction in hearing, loss of sight and irreversible damage to the central nervous system due to permanent exposure to noise and harmful gas emissions. On that occasion, the Committee also noted the measures taken by the Government, and particularly Ministerial Agreement No. 136 of 23 February 1999. The Committee requested the Government to continue supplying information on the application in practice of these measures intended to afford protection to workers and supervisors in the telephone services against occupational hazards arising out of environmental noise and pollution. The Committee regrets to note that the Government has not complied with this request and urges it to provide the requested information in its next report.

2. The Committee also notes the communication, dated 3 July 2000, from the National Union of Workers of the Telephone, Annotation and Revision Services of the Ecuadorian Telecommunications Institute (IETEL) "17 May", affiliated to the Latin American Central of Workers (CLAT) and the Ecuadorian Confederation of United Class Organizations of Workers (CEDOC), indicating that the telephone workers of the enterprises EMETEL-ECUADOR, EMETEL S.A., ANDINATEL S.A. and PACIFICTEL S.A. (formerly IETEL) are exposed to grave occupational hazards in the performance of their work. In this respect, the above trade union indicates that the workers can suffer the loss of their hearing capacity as a result of their permanent exposure to noise due to working for more than the statutory hours of work using headphones and audio-phones, as well as the loss of visual capacity due to their exposure to computer screens. It adds that, due to the excessive time spent exposed to the above factors, and particularly the inhalation by workers of the harmful gases given off by the maintenance batteries of the telephone system, certain workers have died of cerebral circulatory accidents and fluid in the lungs. The above trade union also indicates that ordinary working days should be applied to professional telephone operators and supervisors in Ecuador, as set out in section 4(a) of the Agreement of the Ministry of Labour and Human Resources No. 136 of 23 February 1999 (published in the Registro Oficial No. 152, of 19 March 1999).

3. In its comments, the Government states that communications enterprises use electronic equipment which prevent the operators being exposed to the occupational health problems referred to by the trade union. It indicates in this respect that the former audio-phones and manual connections are no longer used, as the processes are now computerized through optic fibre. As a consequence, the manual equipment which could emit toxic gases or produce vibrations or frequencies harmful to human beings are no longer used.

4. Leaving aside the Government’s comment to the effect that the trade union "17 May" of IETEL has no members, is not representative and has no connection with the ANDINATEL enterprise, in which the events commented upon by the worker’s organization allegedly take place, the Committee wishes to reiterate its request to the Government to provide information on the application in practice of measures, such as those setting the normal working day for telephone operators and supervisors at four and a half hours a day, as envisaged in Agreement No. 709, of 31 December 1993, and confirmed by Agreement No. 136, of 23 February 1999, to protect the abovementioned workers against occupational hazards due to noise and air pollution.

5. In view of the absence of information related to its previous comments, the Committee is once again addressing a request directly to the Government concerning the application of the Convention.

[The Government is asked to report in detail in 2002.]

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous direct request which read as follows:

Article 6, paragraph 2, of the Convention. The Committee notes the indication in the Government's report that no cases have been registered where two or more employers undertake activities simultaneously at one workplace but that, if such cases were to arise, the Ecuadorian Social Security Institute (IESS) and the Ministry of Labour would establish the responsibilities with respect to each employer. The Committee would recall that the possibility of two or more employers undertaking activities simultaneously at the same workplace may occur in a variety of circumstances, for example construction sites. In such instances, there should be a duty for the employers to collaborate in order to better comply with prescribed safety and health measures, without prejudice to their individual responsibility for workers' health and safety. The Government is, therefore, requested to indicate the manner in which it is ensured that employers collaborate with one another with respect to workers' safety and health whenever they may undertake activities simultaneously at the same workplace.

Article 8, paragraphs 1 and 3. (a) Air pollution. In its previous comments, the Committee notes that, under section 63 of the Safety and Health Regulations, exposure limits for corrosive, irritating and toxic substances were to be established by the Inter-Institutional Committee on Occupational Safety and Health. In its latest report, the Government has indicated that the Inter-Institutional Committee is presently elaborating a proposal to adopt the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. The Government is requested to indicate, in its next report, the progress made in this regard.

(b) Vibration. The Committee notes the Government's indication that the Inter-Institutional Committee is preparing standards with respect to vibrations. The Government is requested to indicate, in its next report, any criteria established for determining the hazards of exposure to vibration.

Article 10. In its previous comments, the Committee requested the Government to indicate whether any guidelines or instructions had been established concerning the type of personal protective equipment (e.g. double-layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc.) to be provided to workers exposed to vibration. In its latest report, the Government has indicated that the Inter-Institutional Committee has proposed elaborating relevant standards for the protection of workers against hazards due to vibration. The Government is requested to indicate any progress made in this regard and to keep the Office informed of any guidelines or instructions established concerning the type of personal protective equipment to be provided to workers exposed to vibration by virtue of section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986).

Article 11, paragraph 1. In its previous comments, the Committee noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and to excessive noise. The Government is requested to indicate the measures taken to ensure that workers who may be assigned to work involving exposure to air pollution, noise or vibration are provided with medical examinations prior to their assignment to such work and to indicate the periodicity determined by the competent authority for the medical examinations to be provided to workers exposed to air pollution or to vibration.

Article 12. In its previous comments, the Committee notes that section 6(2) of the Safety and Health Regulations provided that a technical study of the safety and health issues relevant to a proposed process must be undertaken and that the engineering proposal must include the procedures necessary to counter the occupational risks involved. In its latest report, the Government has indicated that the feasibility studies include a detailed layout of the procedures to be taken to ensure industrial safety, as well as the machinery and equipment to be used. Furthermore, the Government proposes to establish a coordinating mechanism between the Occupational Safety and Health Department of the Ministry of Labour and the Ministry of Industry in order to ensure greater control over dangerous processes, substances and equipment. The Government is requested to indicate any measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authority.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information provided by the Government in its report in reply to its previous comments based on the observations made by the Latin American Central of Workers (CLAT) regarding extension of the working day for operators and supervisors of the national telephone service according to the provisions of the Agreement of the Ministry of Labour and Human Resources No. 843 of 31 December 1990, which can result in a serious reduction in hearing, loss of sight and irreversible damage to the central nervous system due to permanent exposure to noise and harmful gas emissions.

The Committee recalls that it had requested the Government to supply information on the application of the measures set out in Ministerial Agreement No. 709, which rectified the provisions of Ministerial Agreement No. 843, indicating whether they guarantee protection of telephone operators and supervisors against occupational hazards due to noise and air pollution. The Committee notes with interest the adoption of Ministerial Agreement No. 136 of 23 February 1999, and in particular its section 4, which confirms the standards set in Ministerial Agreement No. 709 of 31 December 1993. The Committee would be grateful if the Government would supply information on the practical application of these measures intended to guarantee the protection of telephone operators and supervisors against occupational hazards due to noise and air pollution.

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

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

1. The Committee notes the comments submitted by the Latin American Central of Workers (CLAT) and the Government's reply.

According to the comments of the above-mentioned organization, the provisions of the Agreement of the Ministry of Labour and Human Resources No. 843 of 31 December 1990 do not comply with the provisions of Article 4 of the Convention and violate the terms of the resolution of the Constitutional Guarantees Tribunal published in the Official Register No. 118 of 29 January 1993. The aforementioned Agreement provides an extension of the working day for operators and supervisors of the national telephone service which can result in a serious reduction in hearing, loss of sight and irreversible damage to the central nervous system due to permanent exposure to noise and harmful gas emissions.

The Committee notes the resolution of the Constitutional Guarantees Tribunal on the appeal for unconstitutionality of Ministerial Agreement No. 843 brought by the National Union of Telephone Operators, Observation and Inspection of the Ecuadorian Telecommunications Institute "17 May" according to which the effects of section 1, part 14 of the Agreement were totally suspended.

In its comments, the Government indicates that it has proceeded to rectify the provisions of the instruments concerning the working day of telephone operators, including Agreement No. 843. The Committee notes section 3 of the Agreement of the Ministry of Labour and Human Resources No. 709 of 31 December 1993 which fixes the ordinary working day of telephone operators and supervisors at four and a half hours. Furthermore, under section 5 of this Agreement, a working day established previously with fewer hours than laid down in section 3 must be maintained without any modification.

The Committee requests the Government to supply information on the application of the measures set out in Ministerial Agreement No. 709 indicating whether they guarantee protection of telephone operators and supervisors against occupational hazards due to noise and air pollution.

2. With respect to various other provisions of this Convention, the Committee refers to the comments it made in a direct request sent to the Government in 1994.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its latest report and requests the Government to provide further clarification on the following points:

Article 6, paragraph 2 of the Convention. The Committee notes the indication in the Government's report that no cases have been registered where two or more employers undertake activities simultaneously at one workplace, but that if such cases were to arise, the Ecuadorian Social Security Institute (IESS) and the Ministry of Labour would establish the responsibilities with respect to each employer. The Committee would recall that the possibility of two or more employers undertaking activities simultaneously at the same workplace, may occur in a variety of circumstances, for example, construction sites. In such instances, there should be a duty for the employers to collaborate in order to better comply with prescribed safety and health measures, without prejudice to their individual responsibility for workers' health and safety. The Government is, therefore, requested to indicate the manner in which it is ensured that employers collaborate with one another with respect to workers' safety and health whenever they may undertake activities simultaneously at the same workplace.

Article 8, paragraphs 1 and 3. (a) Air pollution. In its previous comments, the Committee noted that, under section 63 of the Safety and Health Regulations, exposure limits for corrosive, irritating and toxic substances were to be established by the Inter-Institutional Committee on Occupational Safety and Health. In its latest report, the Government has indicated that the Inter-Institutional Committee is presently elaborating a proposal to adopt the standards elaborated with respect to such substances by the American Conference of Governmental Industrial Hygienists. The Government is requested to indicate, in its next report, the progress made in this regard.

(b) Vibration. The Committee notes the Government's indication that the Inter-Institutional Committee is preparing standards with respect to vibrations. The Government is requested to indicate, in its next report, any criteria established for determining the hazards of exposure to vibration.

Article 10. In its previous comments, the Committee requested the Government to indicate whether any guidelines or instructions had been established concerning the type of personal protective equipment (e.g. double-layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc.) to be provided to workers exposed to vibration. In its latest report, the Government has indicated that the Inter-Institutional Committee has proposed elaborating relevant standards for the protection of workers against hazards due to vibration. The Government is requested to indicate any progress made in this regard and to keep the Office informed of any guidelines or instructions established concerning the type of personal protective equipment to be provided to workers exposed to vibration by virtue of section 55.8 of the Safety and Health Regulations (Executive Decree No. 2393 of 13 November 1986).

Article 11, paragraph 1. In its previous comments, the Committee noted that the Safety and Health Regulations provided for periodic medical examination of workers exposed to dangerous substances and to excessive noise. The Government is requested to indicate the measures taken to ensure that workers who may be assigned to work involving exposure to air pollution, noise or vibration are provided with medical examinations prior to their assignment to such work and to indicate the periodicity determined by the competent authority for the medical examinations to be provided to workers exposed to air pollution or to vibration.

Article 12. In its previous comments, the Committee noted that section 6(2) of the Safety and Health Regulations provided that a technical study of the safety and health issues relevant to a proposed process must be undertaken and that the engineering proposal must include the procedures necessary to counter the occupational risks involved. In its latest report, the Government has indicated that the feasibility studies include a detailed layout of the procedures to be taken to ensure industrial safety, as well as the machinery and equipment to be used. Furthermore, the Government proposes to establish a coordinating mechanism between the Occupational Safety and Health Department of the Ministry of Labour and the Ministry of Industry in order to ensure greater control over dangerous processes, substances and equipment. The Government is requested to indicate any measures taken or envisaged to ensure that the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration are notified to the competent authority.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes with interest the adoption of the Regulations concerning the safety and health of workers and the improvement of the working environment (Executive Decree No. 2393 of 13 November 1986). It notes that section 2 of these Regulations provide for the creation of a tripartite Inter-Institutional Committee on Occupational Safety and Health which is empowered to amend the present regulations, set standards necessary for their implementation and draw up special regulations concerning risk prevention for certain dangerous activities. The Government is requested to provide full particulars in its next report on the functioning and activities of the Inter-Institutional Committee on Occupational Safety and Health.

2. The Government is requested to provide further clarification on the following points:

Article 6, paragraph 2, of the Convention. The Government is requested to indicate the measures taken to ensure that, when two or more employers undertake activities simultaneously at one workplace, they collaborate in order to comply with the prescribed measures for the application of this Convention.

Article 8, paragraph 1. The Committee notes that section 63 of the Safety and Health Regulations provides that exposure limits be set for corrosive, irritating and toxic substances by the Inter-Institutional Committee on Occupational Safety and Health. The Government is requested to indicate the criteria established for determining the hazards of exposure to these substances and/or any exposure limits set by this Committee. Furthermore, the Government is requested to indicate whether criteria for determining the hazards of exposure to vibration have been established and to supply copies of the tables limiting the periods of exposure to noise beyond 85dB, referred to in section 55.7.

Article 8, paragraph 3

(a) The Committee notes that, by virtue of section 5.6 of the Safety and Health Regulations, the Ecuadorian Social Security Institute (IESS) is responsible for keeping up-to-date with technical information available from the relevant national and international organisations. By virtue of section 2(3)(c), the IESS is represented on the Inter-Institutional Committee concerning Occupational Safety and Health. As the Inter-Institutional Committee's powers include suggesting to the executive possible amendments to the existing regulations and setting the standards necessary for their implementation (section 2(2)(b)), the Government is requested to indicate the manner in which current national and international knowledge is taken into account when the criteria for determining the hazards of exposure to air pollution, noise and vibration, and the exposure limits for such exposure, are established, supplemented and regularly revised. The Government is also requested to indicate the manner in which any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace is taken into account in the setting and revision of these criteria and exposure limits.

(b) The Committee has noted above that under section 55.7 of the Safety and Health Regulations the undertaking shall provide personal protective equipment to workers exposed to noise beyond the maximum permissible limit of 85dB or shall ensure that the duration of the activity involving exposure to excessive levels of noise shall be in accordance with established timetables. The Committee looks forward to receiving copies of these tables as requested under Article 8, paragraph 1 and trusts that they will complement the practical directive published by the ILO entitled Worker Protection against Noise and Vibration at the Workplace. It would draw the Government's attention to, in particular, section 4.3 of this directive which sets forth special provisions concerning exposure to noise beyond the normal threshold limit of 85dB and Appendix 1 which indicates the duration of exposure to high levels of noise established in a variety of international instruments.

Article 10. In its previous comments, the Committee had requested the Government to indicate whether general measures ensuring that personal protective equipment is made available to workers exposed to vibrations included the provision of special items such as double-layer gloves specially designed to prevent transmission of vibration through the hands, shoes with soles that absorb vibration transmitted by the ground, etc. The Committee notes that section 55.8 prescribes in general terms that anti-vibration protective equipment shall be provided to workers exposed to vibrations. The Government is requested to indicate whether any guide-lines or instructions have been established concerning the type of personal protective equipment, in particular the special items mentioned above, which should be provided to workers exposed to vibration.

Article 11, paragraph 1. The Committee notes that, by virtue of section 11.6 of the Safety and Health Regulations, an employer must provide workers working in dangerous activities with periodic medical examinations and that section 55.7 provides that the hearing of workers exposed to more than 85dB must be controlled annually. The Government is requested to indicate the measures taken to ensure that pre-assignment medical examinations are given to workers who may be assigned to work involving exposure to air pollution, noise or vibration and to indicate whether the competent authority has determined the periodicity for post-assignment medical examinations other than those provided under section 55.7 for workers exposed to excessive levels of noise.

Article 12. The Committee notes that the Safety and Health Regulations empower the Minister of Industry, Commerce, Co-operatives and Fishing to prohibit the import, sale, exhibition and use of machines, equipment and products which do not meet the requirements of the Regulations and to ensure that the Regulations are respected (sections 6(1)(a) and 7(2)). Section 6(2) provides that a technical study of the safety and health issues relevant to a proposed process must be undertaken and that the engineering proposal must include the procedures necessary to counter the occupational risks involved. The Government is requested to indicate the procedures existing or envisaged for the notification of the use of processes, substances, machinery and equipment involving exposure to air pollution, noise or vibration which would permit the Minister of Industry, Commerce, Co-operatives and Fishing to effectively execute the powers granted to it by the above-mentioned sections.