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

Maximum Weight Convention, 1967 (No. 127) - Guatemala (Ratification: 1983)

Articles 3 and 7 of the Convention. Maximum weight of loads transported by an adult worker. With reference to its previous comments, the Committee again notes with regret that, despite repeated comments made for more than ten years, the Government has still not adopted the new Occupational Safety and Health Regulations. The Committee emphasizes that the indication that new legislation is being drawn up does not free the Government from the obligation to ensure the application of the provisions of the Convention during the transition period and to supply such information in its report. The Committee urges the Government to adopt the aforementioned Regulations and, in the meantime, to take all necessary steps to ensure the full and binding application of these provisions of the Convention and to supply information in this respect.

Article 5. Steps to ensure adequate training in working techniques with a view to safeguarding health and preventing accidents. The Committee notes that, according to information supplied by the Guatemalan Social Security Institute, training activities in 2009 included providing workers with information on appropriate methods for the manual lifting of loads. The information is provided through occupational safety and health committees in workplaces. The Committee requests the Government to continue to supply information in this regard.

Part V of the report form. Application in practice. The Committee notes that 690 occupational safety and health committees have been set up in enterprises since 2006. It notes the Government’s statement that there are no statistics on infringements relating to the handling of loads because there have been no complaints from workers. It further notes the statement in the report that, when inspections are made, checks are carried out to ensure that employers are providing workers with training in the handling of loads; recommendations are made that lifting should be by mechanical means; and, if manual lifting is involved, that the provisions on maximum weight set forth in the Recommendation related to the Convention are respected. Account is also taken of the attached appendices. With regard to the statement that no complaints have been made by workers in relation to maximum weight, the Committee requests the Government to clarify on what basis complaints may be made, given that according to available information the maximum weight established by the Convention is not enshrined in law. The Committee requests the Government to continue to supply the information required in relation to this paragraph.

[The Government is asked to reply in detail to the present comments in 2012.]