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

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

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.

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

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

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

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

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

A.Protection against specific risks

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

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

2.Benzene Convention, 1971 (No.136)

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

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

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

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

Article 1(1) and (3) of the Convention. Determination of the carcinogenic substances and agents to be prohibited or made subject to authorization. In its previous comments, the Committee noted the list of carcinogenic substances and agents identified in the first annex of the General Safety Regulations on occupational risks, published in the Official Gazette, Special Edition 632 of 12 July 2016, which includes asbestos, benzene and ionizing radiation, and other relevant legislation. In this respect, the Committee notes the Government’s indication that while not all carcinogenic substances and agents are prohibited, the products that can damage the central nervous system, the vision, the brain, and other organs of the human body, shall be subject to control and assessment by the relevant official entity of the Ecuadorian Standardization Service (INEN), by virtue of INEN Decision No. 2, of 16 January 1992. However, the Committee also notes that the Government provides no specific information on which carcinogenic substances and agents are prohibited or subject to authorization. The Committee once more requests the Government to indicate: (i) the list of carcinogenic substances and agents that are effectively prohibited; (ii) the list of carcinogenic substances or agents that are subject to authorization or control; and (iii) the manner in which such authorization or control is exercised. The Committee also requests the Government to provide information on the manner in which the list is periodically reviewed and the date of the latest review.

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

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

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

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

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

5.Asbestos Convention, 1986 (No. 162)

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

B.Protection in certain branches of activity

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

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

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

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

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

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

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

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

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

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

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

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

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

Repetition

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

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

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

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

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

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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