Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee takes note of the Government’s last report and the information supplied in response to its previous comments. The Committee draws the Government’s attention to the following points requiring additional measures in conformity with the provisions of this Convention.

Article 2 of the Convention. The Committee notes the Government’s indication that in the framework of investigations carried out by the General Directorate of Social Protection in 2001 in the painting industries concerning the use of white lead in painting, it has been stated that this pigment is neither contained in the painting used in the country nor manufactured in the country. The Committee requests the Government to indicate whether these investigations are based on clear definitions that distinguish between the various forms of paintings.

In addition, it requests the Government to indicate whether such studies are carried out on a regular basis to ensure that white lead indeed remains replaced by other products or pigments, for by virtue of Regulation No. 2 of Government Agreement No. 475-91 of 16 July 1991 the use of white lead in paintings used for the internal painting of buildings is not strictly prohibited.

Article 3, paragraph 1. The Committee notes the Government’s indication that by virtue of Regulation No. 2 of Governmental Agreement No. 475-91 of 16 July 1991, the use of white lead and sulphate of lead and all products containing these pigments in the painting of buildings and houses is prohibited. The Committee understands from this indication that the Government apparently does not consider necessary to regulate the issue of employment of minors and women in any painting work of an industrial character involving the use of white or sulphate of lead or other products containing these pigments, as called for by this provision of the Convention. In view of this fact, the Committee however recalls that by virtue of Regulation No. 2 of Government Agreement No. 475-91 of 16 July 1991, the use of white lead in paintings used for the internal painting of buildings is not strictly prohibited, but allowed if considered necessary by the competent authorities for the use in railway stations or industrial establishments. The Committee therefore requests the Government to take the necessary measures to guarantee that minors under 18 years of age and women 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, in conformity with Article 3, paragraph 1, of the Convention.

Article 5(II)(a), (b) and (c), in conjunction with Part V of the report form. With regard to the results of inspections carried out to monitor the application of the provisions of the Convention, the Committee notes that the Government does not provide substantive information on the concrete outcome of the inspections carried out, e.g. extracts from inspection reports on infractions detected, etc., but merely provides data on the number of occupational safety and health committees, the number of enterprises visited, the number of workers covered. The Committee therefore requests the Government to supply the information on the results of inspections carried out to enable the Committee to determine the extent to which the Convention indeed is applied in practice in the country.

Article 5(III)(a). The Committee notes the Government’s indication that there does not exist a system of notification for cases of lead poisoning or suspected cases of lead poisoning. However, according to the Government, the investigation in cases of lead poisoning or suspected lead poisoning is ensured by the Guatemalan Social Security Institute, which, through its services, detects the cases of lead poisoning requiring medical treatment. The Committee accordingly requests the Government to indicate the penalties imposed on employers which fail to notify the cases of lead poisoning and to specify the activities of the Guatemalan Social Security Institute that lead to the discovery of cases of lead poisoning or suspected lead poisoning.

Article 5(IV). With regard to the project announced by the Government in its report of 1996, in which framework occupational safety and health standards in enterprises in the metropolitan area and within the country are disseminated as well as the government instructions regarding the special hygienic precautions to be taken in the painting trade, the Government indicates that this project has not been implemented yet for logistical and financial reasons. The Committee hopes that the Government will soon overcome these problems in order to ensure that information and instructions on occupational safety and health standards will be brought to the attention to all workers and employers concerned which is a prerequisite that protective standards applying this provision of the Convention are respected.

Article 6. The Committee notes the Government’s indication that the Guatemalan Social Security Institute and the Minister of Labour and Social Prevention are in charge of the monitoring of the application of the provisions contained in Government Agreement No. 475-91 of 1991. In this respect, the Committee recalls that the provision of Article 6 of the Convention requires consultations between the competent authority, workers’ and employers’ organizations concerned to take the necessary steps ensuring the application of the regulations adopted in application of the provisions of this Convention. The Committee therefore requests the Government to indicate whether, and, if so, in which manner the workers’ and employers’ organizations concerned are consulted on steps to be taken to ensure the application of the above Government Agreement.

Article 7. The Committee notes the Government’s indication that at present no data on the morbidity and the mortality due to lead poisoning are available. In this respect, the Committee refers to its previous comments where it had noted the Government’s indication that contact was made with the Guatemalan Social Security Institute with a view to establish the above statistics on morbidity and mortality due to lead poisoning. The Committee therefore requests the Government to indicate whether it still envisages to charge the Guatemalan Social Security Institute to compile the required statistics. It hopes that the Government will soon take the necessary steps to this effect to ensure that statistics on the morbidity and mortality due to lead poisoning are established, in application of this Article of the Convention.