Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Ecuador

Radiation Protection Convention, 1960 (No. 115) (Ratification: 1970)
Guarding of Machinery Convention, 1963 (No. 119) (Ratification: 1969)
Benzene Convention, 1971 (No. 136) (Ratification: 1975)
Occupational Cancer Convention, 1974 (No. 139) (Ratification: 1975)
Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) (Ratification: 1978)
Asbestos Convention, 1986 (No. 162) (Ratification: 1990)

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), 119 (guarding of machinery), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise, vibration) and 162 (asbestos) together.

Legislative developments. With reference to its previous comments, the Committee welcomes the information in the Government’s report concerning the adoption of the new Occupational Safety and Health Regulations (OSH Regulations) issued under Executive Order No. 255, of 2 May 2024. The Government indicates that these regulations replace the previous ones (Executive Order No. 2393 of 17 November 1986), with the exception of sections 21 to 184 (not including sections 64, 65 and 67) until issuance, within five months of the publication of the Regulations, of the occupational safety and health technical standard, as set out in the twelfth transitional provision. The Committee also notes that the first transitional provision of the OSH Regulation provides for the adoption of the National Occupational Safety and Health Policy within five months of the date of publication. The Committee requests the Government to provide information on all progress achieved in the adoption of the Occupational Safety and Health Technical Standard and in the new National OSH Policy, and on any other standard related to OSH.

Application in practice of Conventions Nos 115, 119, 136, 139, 148 and 162. Further to its previous comments, the Committee notes that by virtue of the third transitional provision of the OSH Regulations, the Government indicates that the Ministry of Labour is creating a National Register of Occupational or Service-related Diseases and Accidents, to be available in October 2024, which will consolidate statistics on workers, whether or not affiliated to the social security institutions, and include data such as the causes of the accidents and diseases.

The Committee notes that the Ecuadorian Institute of Social Security (IESS) recorded 17,056 occupational accidents in 2019, 11,629 in 2020, 13,043 in 2021, 15,730 in 2022, 15,985 in 2023 and 7,699 from January to June 2024. The Committee also notes that employers reported 630 presumed work-related illnesses in 2013, 682 in 2014, 801 in 2015, 616 in 2016, 1,044 in 2017 and 932 in 2018, while the number of illnesses classified as work-related by the IESS was 219 (2013), 447 (2014), 458 (2015), 358 (2016), 170 (2017) and 26 (2018). In this regard, the Government indicates that the classification of work-related illnesses is carried out by the IESS Disability Evaluation and Employer’s Liability Committee, and that one of the reasons that could lead to the reduction in the number of classified cases is that they do not fulfil the five criteria for the classification of an illness as work-related (clinical, occupational, hygienic and epidemiological, forensic laboratory and medical service criteria established under section 7 of the General Safety Regulation on Occupational Risks, issued by Decision No. C.D. 513 of 2016).

With regard to the activities of the inspection services, the Committee notes that the Government reports that from January 2022 and May 2024, 3,323 specialized OSH inspections were carried out, with sanctions issued to 51 employers for failure to comply with OSH standards. The Government also indicates that under the eighth transitional provision of the OSH Regulations, the Ministry of Labour is drawing up the standard governing reporting requirements, inspection procedures and sanctions related to OSH. With regard to sanctions, the Committee notes that the Government indicates that the new standard will take account of such aspects as the size and risk-level of the enterprise, and the number of violations detected on the basis of a checklist, and that section 72 of the OSH Regulations provides that the competent authority may raise the risk level of an enterprise as a sanction where a work-related accident or illness results in death or permanent incapacity through failure to comply with the standards on protection. The Committee requests the Government to continue to provide information on the application in practice of these Conventions, including the number, nature and cause of the employment accidents and occupational diseases notified in the framework of the establishment of the new registry and indicating, where possible, the number of cases related to ionizing radiation, machinery, benzene, occupational cancer, air pollution, noise and vibration, and asbestos. It further requests the Government to continue providing information on the implementation of the new standards, once adopted, including on the activities of the inspection services and the number of violations detected and sanctions imposed. The Committee also requests the Government to provide more information on the reasons for the sharp reduction in the number of illnesses classified as occupational, and to continue to provide statistical information in this regard.

Protection against specific risks

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. With reference to its earlier comments, the Committee notes the Government’s indication that, under section 41 of the new OSH Regulations, ionizing radiations are considered to be physical risks and that, in accordance with section 48, the criteria and exposure limits to physical, chemical and biological agents shall be aligned with the values established by the national technical standard in force and, in the absence of such standard, shall refer to recognized international standards. In this regard, the Government indicates that the Ministry of Labour is developing a technical standard that will cover exposure to ionizing radiations. The Government further indicates that the Undersecretariat for Nuclear Monitoring and Applications (SCAN) is updating the Regulations on radiological safety, issued under Decree No. 3640 of 8 August 1979, taking account of current knowledge on ionizing radiations and the recommendations of the International Commission on Radiological Protection and of the International Atomic Energy Agency. In that connection, the Government indicates that the new regulations have not yet been approved or published and that the updating process has been interrupted due to various factors, including: (i) lack of personnel; (ii) the establishment of a fully autonomous Institute for Regulation and Control, which has resulted in a period of transition and a re-evaluation of the SCAN‘s functions and responsibilities. The Government also indicates that the SCAN does not have authority to impose sanctions, therefore the regulatory framework must be updated to ensure effective compliance with radiological safety standards. The Committee requests the Government, in the context of the revision of the Regulations on radiological safety and the adoption of the technical standard under the OSH Regulations, to adopt the necessary measures, taking current knowledge into account, to: (i) provide effective protection for workers against ionizing radiation, from the point of view of their health and safety, and (ii) establish maximum permissible doses and amounts of ionizing radiations, which shall be kept under constant review. The Committee further requests the Government to provide information on the division of functions between the SCAN and the new Institute for Regulation and Control as regards protection against ionizing radiations.

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. With reference to its previous comments, the Committee notes that the Government indicates that: (i) the new OSH Regulation applies to the vendor, the person renting out the machinery and the manufacturer, and that its section 50 establishes general measures for the use and maintenance of machinery, equipment and tools, and (ii) the Ministry of Labour is formulating a technical standard on mechanical hazards, which will take the requirements provided for under Articles 2 and 4 of the Convention into account. In this regard, the Committee recalls that the sale and hire of machinery of which the dangerous parts, as listed in Article 2(3) and (4) are unguarded, should be prohibited by national laws or regulations or prevented by other equally effective measures and that, in conformity with Article 4 of the Convention, the obligation to ensure compliance with the provisions of Article 2 shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate under national laws or regulations, on their respective agents. The Committee requests the Government to indicate, in the context of the adoption of the technical standard on mechanical risks, the provisions that give effect to these Articles of the Convention.

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene. With reference to its previous comments, the Committee notes the Government’s indication that, in the context of the new OSH Regulations, the Minister of Labour is drawing up a technical standard on chemical hazards, to be issued in October 2024, which will include specific provisions on the prohibition of the use of benzene in certain work. The Committee requests the Government to provide information on progress achieved in the adoption of the technical standard on chemical hazards and to indicate, once adopted, the provisions that prohibit the use of benzene and of products containing benzene in certain work processes at least as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work.

Article 6. Measures to prevent the escape of vapour, ceiling values allowed and methods of measurement, With reference to its previous comments, the Committee notes the Government’s indication that: (i) the technical standard on chemical hazards being formulated by the Ministry of Labour is to include specific provisions on exposure to benzene, the escape of vapours and ceiling values; and (ii) section 48 of the OSH Regulations stipulates that the criteria and maximum permissible limits for exposure to physical, chemical and biological agents shall comply with the national technical standards in force or, in the absence of such standards, shall refer to recognized international standards. The Committee requests the Government to indicate, in the context of the adoption of the technical standard on chemical hazards, the provisions that establish the necessary measures to: (i) prevent the escape of benzene vapours into the air of places of employment; (ii) that the concentration of benzene in the air of the places of employment does not exceed a maximum which shall be fixed by the competent authority at a level not exceeding a ceiling value of 25 parts per million (or 80 mg/m3); and (iii) the means of measuring the concentration of benzene in the air of the place of employment.

Article 11. Pregnant women, nursing mothers and young persons. With reference to its previous comments, with regard to pregnant and nursing women, the Committee notes the Government’s indication that: (i) under section 15(10) of the OSH Regulation, employers are to ensure the OSH protection of priority and/or vulnerable groups, including pregnant and nursing women; (ii) given that benzene is a hazardous substance of chronic toxicity, the employer shall not employ pregnant or nursing women in work processes involving exposure to benzene or products containing benzene. In this regard, the Government indicates that to work with hazardous substances, a work permit shall be issued by the technical safety and health official, which shall set out the hazards to which workers are exposed and the preventive and protection measures to be applied, in conformity with section 3(42) of the OSH Regulations; (iii) implementation of measures to avoid exposure of these groups to work-related hazards is monitored by specialized OSH inspection visits. In that respect, the Government indicates that between January 2022 and May 2024, a total of 820 OSH inspection visits were conducted in workplaces where pregnant or nursing women were working, in which 527 employers had applied preventive measures to avoid exposure of the women to work-related hazards, while 293 employers had taken no such steps; and (iv) for November 2024, the Ministry of Labour planned a training programme that includes the prevention of work-related hazards in general in jobs performed by pregnant or nursing women. The Committee further notes the Government’s indication that the Ministry of Labour envisages drawing up a guide on the prevention of work-related hazards for pregnant and nursing women for 2025. With regard to young persons, The Committee notes the Government’s indication that, in the context of the new OSH Regulations, the Ministry of Labour is formulating technical standards that include the prohibition for the employer to recruit young persons of between 15 and 17 years of age to perform arduous, toxic, hazardous or insalubrious work that could affect their normal physical and mental development. The Committee requests the Government to provide more detailed information on the measures adopted or envisaged in practice to ensure that women medically certified as pregnant and nursing mothers shall not be employed in work processes involving exposure to benzene or products containing benzene. It also requests the Government to continue to provide information on the implementation in practice of the above-mentioned provisions of the OSH Regulations. The Committee further requests the Government to provide information on progress achieved towards the adoption of the technical standards on the prohibition of the employment of young persons under 18 years of age in work processes that involve exposure to benzene or to products that contain benzene, unless it concerns young persons undergoing occupational training under appropriate medical and technical supervision.

Occupational Cancer Convention, 1974 (No. 139)

Article 1(1) and (3) of the Convention. Determination of the carcinogenic substance and agents to be prohibited or made subject to authorization. With reference to its previous comments, the Committee notes the Government’s indication that: (i) Ministerial Decision No. 142 of 11 October 2012 providing the national list of hazardous chemical substances, hazardous and special wastes, establishes in its Annex A the lists of prohibited hazardous chemical substances of acute and chronic toxicity. In this regard, the Government indicates that the prohibited substances associated with occupational cancer are asbestos, including actinolite, anthophyllite, amosite, crocidolite and tremolite and ethylene oxide, and (ii) section 153 of the Regulation for the prevention and control of hazardous chemical substances and hazardous and special wastes, issued by Ministerial Decision No. 161 of 31 August 2011, establishes that the hazardous chemical substances subject to control measures are those entered in the national lists of hazardous chemical substances approved by the National Authority for the Environment, including prohibited, hazardous and severely restricted chemical substances. The Committee also notes that although section 153 stipulates that the national lists of hazardous chemical substances is updated by Ministerial Decision, it does not establish the frequency of such updating. The Committee requests the Government to continue to provide information on the manner in which the national lists of hazardous chemical substances, hazardous and special wastes are periodically revised.

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. With reference to its previous comments, the Committee notes the Government’s indication that, by virtue of section 48 of the OSH Regulations, the Ministry of Labour is drawing up technical standards that will address the criteria and limits of exposure to physical, chemical or biological agents, in line with new progress in occupational safety and health. The Committee requests the Government to provide information, in the context of the adoption of the technical standard, on the measures adopted or envisaged to ensure that the duration and degree of exposure to carcinogenic substances or agents shall be reduced to the minimum compatible with the safety of workers, in conformity with Article 2(2) of the Convention.

Article 5. Medical examinations during or after the period of employment. Further to its earlier comments, the Committee notes the Government’s indication that employers much ensure overall management of workers’ health, as well as the monitoring and analysis of working and health conditions (section 15(4) and (5) of the OSH Regulations). The Government indicates that this involves carrying out a final examination at the moment of ending the employment relationship. The Government also indicates that a computerized system has been designed through which all enterprises and national institutions must report annually information on health surveillance activities, including reporting on the performance of occupational medical examinations. The Committee requests the Government to provide more information on the performance of the required medical examinations and to clarify whether the final medical examinations occur only once, at the moment of ending the employment relationship, or whether provision is made for them to 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.

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

The Committee notes the information provided by the Government in reply to its earlier request concerning Article 12 of the Convention.

Article 6(2) of the Convention. Duty of employers to collaborate when undertaking activities simultaneously at one workplace. With reference to its previous comments, the Committee notes the Government’s indication that the technical standard on prevention of work-related risks that the Ministry of Labour is developing under the OSH Regulations is to address general procedures regarding the duty of employers to collaborate when undertaking activities simultaneously at one workplace, including in respect of joint liability. The Committee requests the Government to indicate, in the context of the adoption of the above-mentioned technical standard, the provisions that establish: (i) the duty of employers to collaborate when undertaking activities simultaneously at one workplace in order to comply with the prescribed OSH measures; and (ii) where appropriate, the general procedures according to which this collaboration is to take place, in conformity with Article 6(2) of the Convention.

Article 8(1) and (3) of the Convention. Air pollution, noise and vibration. With reference to its previous comments, that the criteria and exposure limits to air pollution and vibration are still not specified in national law, the Committee notes the Government’s indication that, under section 48 of the OSH Regulations, the Ministry of Labour is drawing up a technical standard on prevention of work-related risks, including exposure to vibration and pollution in the working environment. The Committee requests the Government to take the necessary measures, in the context of the adoption of the technical standard under the OSH Regulation, to establish the criteria and exposure limits to air pollution and vibration, and to indicate the manner in which those limits will be regularly revised, in conformity with Article 8(1) and (3) of the Convention. It also requests the Government to provide information on any progress achieved in the context of the adoption of the new technical standard regarding the revision of the criteria and exposure limits in respect of noise.

Asbestos Convention, 1986 (No. 162)

Article 17(1) and (2) of the Convention. Demolition of plants and structures containing friable asbestos insulation material. With reference to its earlier comments, the Committee notes that the Government refers to section 146 of the Regulations on safety and health in construction and public works of 10 January 2008, revised in 2017, which stipulates that personnel in the construction sector, including those in positions of responsibility such as site managers or contractors, require a certificate of competency in prevention of work-related risks, recognized by the competent authority, which has a duration of four years. The Government also refers to section 42 of the same Regulations, which provides that, before starting demolition work, a competent technical agent shall draw up a prior work plan including: (i) a study of the resistance of the different elements of the works to be demolished and their role in the stability of the entire structure; (ii) the effect of the demolition on the neighbouring works; (iii) a chronological demolition plan, to prevent any instances where parts of the construction should be subjected to stresses beyond their tolerances; and (iv) a study of the protective measures that must be adopted. The Committee requests the Government to intensify its efforts to ensure the protection of workers in demolition of plants or structures and the elimination of asbestos. It also requests the Government to indicate: (i) whether the certification of competency provided for in section 146 of the Regulation on safety and health in construction and public works is also required for the demolition of plants or structures and the removal of asbestos, in conformity with Article 17(1) of the Convention, and (ii) if the prior study referred to in section 42 of the above-mentioned Regulation above must include specific measures to limit the release of asbestos dust into the air and provide for the disposal of waste containing asbestos.