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

White Lead (Painting) Convention, 1921 (No. 13) - Guatemala (Ratification: 1990)

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:

Article 1, paragraph 1, of the Convention. The Committee notes that Regulation 2 of the Government Agreement No. 475-91 of 16 July 1991 concerning the application of ILO Convention No. 13 prohibits the use of white lead and sulphate of lead and of all products containing these pigments in the painting of buildings or houses. This regulation permits exceptions to be made to this prohibition in the case of railway stations or industrial establishments when the use of such pigments is considered necessary by the competent authority. The Committee would recall that this Article of the Convention permits for such exceptions only after consultation with the employers' and workers' organizations concerned. The Government is, therefore, requested to indicate the measures taken to ensure that the workers' and employers' organizations be consulted when such exceptions are permitted and to indicate if any such exceptions have already been made.

Article 3, paragraph 1. The Committee notes that section 148 of the Labour Code prohibits the employment of males under 16 years of age and all females in dangerous or unhealthy work to be defined in an Executive Decree. The Committee requests the Government to indicate whether any Decrees have been issued to ensure, in particular, that all females and all males under the age of 18 are not employed in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments, as called for by this Article of the Convention.

Article 5.II(a). The Committee notes that Regulation 5(d) of Government Agreement No. 475-91 calls for the promotion of healthy habits among workers such as daily baths, and washing hands and changing clothes before eating or leaving work. It further notes that section 99 of the General Occupational Safety and Health Regulations of 28 December 1957 provides that showers should be provided in the case of operations which, by their special nature, are dangerous to health. The Government is requested to indicate any measures taken under section 99 to ensure that adequate washing facilities are provided in the case of working painters using white lead, etc in their operations.

Article 5.II(b). The Committee notes that Regulation 5(c) provides that workers shall be provided with the necessary personal protective equipment to avoid direct contact with toxic substances while painting. Under section 94(f) of the General Occupational Safety and Health Regulations, employers must provide workers with special working clothes or equipment where the workers are exposed to a particular danger of disease or injury. Furthermore, the Committee notes that under Regulation 5(f), workers must use the personal protective equipment. The Government is requested to indicate any measures taken to ensure that working painters are required to wear overalls during the whole of the working period, as provided for by this Article of the Convention.

Article 5.II(c). The Committee notes that section 101 of the General Occupational Safety and Health Regulations of 1957 sets standards for cloakrooms for changing clothes. The Government is requested to indicate any measures taken to ensure that suitable arrangements are made for all working painters using white lead to prevent clothing put off during working hours from being soiled by painting material such as providing changing rooms separate from the working area.

Article 5.III.(a). The Committee requests the Government to indicate the measures taken or envisaged to ensure that cases of lead poisoning and suspected lead poisoning are notified to the competent authority and that they are subsequently verified by a medical person appointed by the competent authority, as required by this Article of the Convention.

Article 5.IV. The Government is requested to indicate any measures taken to ensure that instructions with regard to the special hygienic precautions to be taken in the painting trade are distributed to working painters.

Article 6. The Committee notes that Regulation 8 of Government Agreement No. 475-91 provides for the supervision of the application of the Regulations concerning white lead in painting by the Ministry of Labour and Social Security. The Committee would recall that this Article of the Convention provides that the competent authority shall take such steps as it considers necessary to ensure the observance of the prescribed regulations, after consultation with the employers' and workers' organizations concerned. The Government is requested to indicate the manner in which the employers' and workers' organizations concerned were consulted on the steps to be taken to ensure observance with the relevant regulations.

Article 7. The Government is requested to indicate the statistical methods adopted to determine morbidity and mortality due to lead poisoning and to furnish any such statistics with its next report.