Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Laws and regulations and the Plan of Action (2010–16). The Committee notes the information provided once again by the Government indicating that the new Occupational Safety and Health Regulations have not yet been adopted. The Committee has been referring to this matter for many years and observes that the Government appears to be encountering difficulties in the adoption of the Regulations, which would establish the general occupational safety and health framework and would facilitate the application of the other occupational safety and health (OSH) Conventions that have been ratified. In this respect, the Committee takes this opportunity to inform the Government that in March 2010 the Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key OSH instruments, which are the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002 and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). The Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan of Action, the Office is available to provide assistance to governments, where appropriate, to assist in bringing their law and practice into conformity with these key OSH Conventions with a view to promoting their ratification and effective implementation, as well as to provide assistance in relation to the other OSH Conventions. The Committee also wishes to indicate that the approach adopted by these three key instruments can make an effective contribution to the management of OSH systems based on a preventive, coherent and tripartite approach to OSH. The Committee invites the Government to examine the obstacles encountered in the adoption of the Regulations referred to above, and particularly for the adoption of legislation to give effect to the present Convention, and requests it to provide information on these obstacles and on any need for technical assistance identified in this connection.

The Committee is raising other points in a request addressed directly to the Government.