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

Safety and Health in Construction Convention, 1988 (No. 167) - Guatemala (Ratification: 1991)

1. The Committee notes the information contained in the Government’s reports and notes with interest the information provided in reply to its previous comments ensuring the application of parts of the Convention. The Committee also notes the Government’s reference to the participation of the secretary general of the Construction Trade Union in the National Occupational Safety and Health Council, which envisages preparing a technical regulation for the construction sector. It hopes that this regulation, once adopted, will give due effect to relevant provisions of the Convention including Article 5. The Committee requests the Government to provide information on any progress achieved in this regard.

2. Article 4 of the Convention. Legislation ensuring the application of the Convention adopted on the basis of an assessment of the safety and health hazards. The Committee notes from the Government’s report that, once again, the Government indicates that the assessment of the safety and health risks involved for workers which must serve as the basis for adoption of national legislation ensuring the application of the provisions of the Convention, has not yet been carried out. The Committee requests the Government to indicate the measures taken or contemplated with a view to fulfilling the obligation established in this Article of the Convention and to specify to what extent the review of the provisions of the General Regulation on Occupational Safety and Health, which has been undertaken, will serve for such risk assessment.

3. Article 9. Safety and health of workers in the design and planning of a construction project. With reference to its previous comments, the Committee requests the Government to indicate the measures envisaged or adopted to ensure that the persons responsible for the design and planning of a construction project are under the obligation to take into account the safety and health of the workers.

4. Article 12, paragraph 2. The employer’s obligation to stop operation and evacuate workers. The Committee notes the Government’s statement that the Labour Code, the General Regulation on Occupational Safety and Health and the Regulation on the Protection against Labour Accidents guarantee the application of this Article of the Convention. However, the Government notes that no specific provisions within the abovementioned legislation specifically prescribe that employers are required to stop the operation and evacuate workers where so warranted by a situation of danger. The Committee hopes that the Government will adopt the necessary measures to explicitly provide for the obligation of employers to stop the operation and, where necessary, evacuate the workers when the danger of the situation so warrants.

5. Article 17. Plant, machinery, equipment and hand tools. The Committee notes the Government’s statement that sections 28 to 37 of the General Regulation on Occupational Safety and Health regulate the construction and appropriate use of plant, machinery and equipment, both manual and power-driven. It also notes that the General Regulation on Occupational Safety and Health places an obligation on employers to provide workers with adequate instruction for the safe use of materials. The Committee notes, however, that there appears to be no legal provision in national legislation governing the examination and testing of pressure plant equipment. The Committee requests the Government to take the necessary steps in law and in practice to ensure that pressure plant equipment is examined and tested by a competent person in accordance with the Convention and to report on progress in this respect in its next report.

6. Articles 20, 21 and 22. Cofferdams and caissons, work in compressed air, structural frames and formwork. The Committee notes the Government’s statement that there is no legal provision governing these Articles of the Convention. The Committee requests the Government to take the necessary steps in law and in practice to bring national law into conformity with the provisions of these Articles of the Convention and asks the Government to provide information in this respect in its next report.

7. Article 24. Demolition work. The Committee refers to its previous comments regarding the carrying out of demolition work under the supervision of inspectors of the Guatemalan Social Security Institute. It notes that the Government’s report is silent in respect of the means provided to make supervision by these inspectors compulsory during such work and the provisions prescribing the appropriate precautions, methods and procedures, including those for the disposal of waste or residues, where the demolition might present danger to workers or to the public. It therefore reiterates its request to the Government to provide information in its next report on the measures taken in law and in practice to ensure that effect is given to this provision.

8. Article 27. Explosives. The Committee notes the Government’s statement that sections 83 to 93 of the General Regulation on Occupational Safety and Health ensures the application of this Article of the Convention. The Committee notes, however, that there seems to be no legislative provision ensuring that a competent person takes the necessary steps to ensure that workers and other persons are not exposed to the risk of injury from explosives. The Committee requests the Government to provide information in its next report on the measures taken in law and in practice to ensure application of this provision.

9. Part VI of the report form. The Committee requests the Government to provide detailed information in its next report on the number of inspections carried out and the number and nature of infringements observed. It also requests the Government to continue to provide a general appreciation of the manner in which the Convention is applied in the country.