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

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

1. The Committee notes the information contained in the Government’s last report. It notes in particular the information on the application of Article 6 of the Convention (consultation with the employers’ and workers’ organizations concerned on the steps to be taken to ensure the application of the Convention). However, the Committee notes that, despite its reiterated requests, the Government omits to submit detailed information on the application of the following Articles of the Convention.

2. Article 2 of the Convention. Regulation of the use of white lead, sulphate of lead, and all products containing these pigments, in the various types of work. With reference to its previous comments, the Committee notes that inspections and investigations are carried out in enterprises operating in the painting industry, and that the two biggest such enterprises in the Republic (Grupo Solid SA and Comes) have indicated that they do not use white lead. It also notes that the General Directorate of Social Insurance, through the Occupational Safety and Health Department, is envisaging a follow-up plan in these enterprises and will make the necessary contacts with a view to conducting a professional investigation to ensure that white lead is not used in the manufacture of paint. It notes that the above Department has expressed interest in cooperating with ILO safety and health experts for the training of its personnel. The Committee requests the Government to keep it informed of any developments in this respect.

3. Article 3, paragraph 1. The necessary measures to ensure that males under 18 years of age and females do not perform any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee notes the Government’s indication that it is formulating draft regulations on the worst forms of child labour, which are about to be submitted to the executive authorities for approval and in which there is an implicit prohibition of the use of toxic chemicals which are harmful to health. The Committee hopes that the above regulations will be adopted in the near future and that the relevant measures will guarantee that workers are not involved in painting work involving the use of white lead. It requests the Government to provide full information on the progress achieved in this respect, as well as copies of the new legislative texts or regulations adopted.

4. Article 5(II)(a), (b) and (c), in conjunction with Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the Occupational Safety and Health Department, through health and safety technicians, undertakes advisory and information missions to enterprises with a view to monitoring compliance with the legislation in force respecting occupational safety and health. It also notes the absence of substantive information on the practical results achieved through inspections, such as extracts of inspection reports on the infringements detected, etc. The Committee requests the Government to provide the above information in its next report in order to enable the Committee to determine the extent to which the Convention is applied in practice in the country.

5. Article 5(III)(a). Notification of cases of lead poisoning. The Committee notes the Government’s indication that occupational diseases are still not classified and that the Guatemalan Social Security Institute records cases of lead poisoning in each district, but that they are not always considered to be occupational diseases, and are also registered as common diseases. The Committee hopes that occupational diseases will be classified in the near future, that penalties will be imposed on employers failing to notify cases of lead poisoning and that the activities of the Guatemalan Social Security Institute will lead to the identification of cases of lead poisoning and of suspected lead poisoning. It requests the Government to keep it informed of any developments in this connection.

6. Article 5(IV). Obligation to distribute to working painters instructions with regard to the special hygienic precautions to be taken in the painting trade. With reference to its previous comments, the Committee notes that the Government’s report contains no information on this subject. The Committee trusts that the Government will soon be in a position to take the necessary measures, by means of regulations or other means, to ensure that information and instructions on occupational safety and health standards are provided to all workers and employers concerned, as a prerequisite for compliance with the protection standards established by this provision of the Convention.

7. Article 7. Compilation of statistics on lead poisoning among working painters as to morbidity. The Committee notes the Government’s indication that the Guatemalan Social Security Institute compiles statistics on lead poisoning as to morbidity and mortality and that, through the National Occupational Safety and Health Council, which is part of the above Institute, instructions are given for its classification as an occupational disease and so that real data on lead poisoning can be obtained. The Committee trusts that the Institute will undertake a compilation in the very near future of data as to morbidity and mortality caused by lead poisoning and it requests the Government to supply the above data with its next report.