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

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

Article 2 of the Convention. Regulation of the use of white lead, sulphate of lead, and all products containing these pigments, in various types of work. With reference to its previous comments, the Committee notes the information supplied by the Government on the application of this provision in practice. The Committee requests the Government to continue to supply such information and urges it to adopt legislative and/or regulatory measures to give effect to this provision of the Convention and to supply information in this regard.

Article 3(1). Measures to ensure that persons under 18 years of age and women of any age 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. The Committee notes the Government’s indication that regulations for the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), and immediate action for the elimination of such forms of labour, to which the prohibition laid down by the Convention with respect to minors applies, were adopted by means of Government Agreement No. 250-2006. The Committee requests the Government to indicate whether the abovementioned regulations are applied directly with respect to this provision of the Convention or whether it is necessary to amend existing standards for them to be applied.

Article 5, Part III(a). Notification of cases of lead poisoning. With reference to its previous comments, the Committee notes the Government’s statement to the effect that Agreement No. 1401 of the Executive Board of the Guatemalan Social Security Institute contains a list of occupational diseases which includes lead poisoning. The Committee notes that the agreement considers an occupational disease to be one contracted as an immediate, direct and unquestionable result of the type of work performed by the worker. The Committee requests the Government to supply further information on the application of the agreement and take account of the fact that this provision of the Convention covers cases not only of lead poisoning but also of suspected lead poisoning and that both types of case must be notified. It also requests the Government to indicate the provisions which make notification of cases of lead poisoning and of suspected lead poisoning obligatory and to provide information on their application in practice.

Article 7. Compilation of statistics on lead poisoning among working painters with respect to morbidity. The Committee notes the Government’s indication that the Guatemalan Social Security Institute compiles statistics on morbidity and mortality due to lead poisoning and also notes the statement by the Institute in 2009 that no cases of lead poisoning were reported in Guatemala. It is the Committee’s understanding, as indicated in its comments on Article 5, that there is no obligation to notify cases of lead poisoning and of suspected lead poisoning, which would have a certain impact on statistics. The Committee requests the Government to supply more detailed information in this respect.