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

Asbestos Convention, 1986 (No. 162) - Guatemala (Ratification: 1989)

Legislation. The Committee notes the indication in the Government’s report that section 201 of the new Occupational Safety and Health Regulations lays down provisions on hazardous substances, prescribing that workplaces where there is exposure to dust, gas or vapours that are flammable or harmful to health, especially containing asbestos and lead, must observe specific limits with regard to capacity, ventilation, lighting, temperature and humidity. Section 205 of the same Regulations states that special rules will apply to hazardous substances, and section 7 states that the employer must provide workers with all necessary information regarding hazards and preventive measures and provide workers with the necessary means of protection. The report also indicates that it is planned to draw up specific technical standards on the prevention of hazards arising from the use of asbestos. According to information supplied in other reports, the Committee notes that the Occupational Safety and Health Regulations are still in the process of being adopted. The Committee requests the Government to ensure that effect is given to the provisions of the present Convention in the Regulations and in the technical code of practice which it also plans to adopt. The Committee wishes to emphasize the indication that the 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 provide such information in its report. Furthermore, with the view of the fact that the information available does not enable it to gain a full picture of the application of the Convention, the Committee requests the Government to supply detailed information on the application of the present Convention, including new legislation, if adopted, and were it has not been, the manner in which the Government ensures the application of the provisions of the Convention.

Part V of the report form. Application in practice. The Committee notes the Government’s statement that, when inspections are conducted by occupational safety and health officers, checks are made that asbestos is not being used in construction materials or in clutch and brake components in motor vehicle repair shops. It also indicates that inspections were conducted at an enterprise manufacturing pipes, laminates and reflective heat insulation material, and that checks were made that asbestos was not being used. The largest cement manufacturing company in Guatemala, Cementos Progreso, was also inspected to ensure that asbestos was not being used, and a letter from the occupational safety and health manager of the enterprise is attached, certifying that asbestos is not being used and that the enterprise has a specific procedure for the handling and disposal of any old structures that might contain asbestos. The Committee requests the Government to provide information on the requirements with which compliance is verified by the labour inspectorate as regards workers involved in demolition work, on infringements reported and measures adopted, and to continue to supply information on the application of the Convention in practice.

[The Government is asked to report in detail in 2012.]