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

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

With reference to its observation, the Committee requests the Government to provide information on the following points.

Article 3 of the Convention. Measures to be taken to give effect to the Convention and, for this purpose, consultation with the most representative organizations of employers and workers. Laws and regulations. The Committee refers to the information that the general Occupational Safety and Health Regulations have not yet been adopted. Chapter VIII of the Regulations establishes occupational safety and health (OSH) standards for the construction sector and, according to the Government, a number of meetings have been initiated to coordinate the formulation of the technical standard establishing the OSH rules applicable to construction, and these meetings have been held with employers’ representatives. In this respect, the Committee reminds the Government that the consultations have to be held with both the most representative organizations of employers and workers. It requests the Government to provide information on the consultations held with the most representative organizations of employers and workers concerned on the laws and regulations that give effect to the Convention and on their outcome.

Article 4. Laws and regulations which ensure the application of the Convention, adopted on the basis of an assessment of the safety and health hazards. Article 9. Safety and health of workers in the design and planning of a construction project. Article 12(2). Obligation of the employer to stop the operation and evacuate the workers. Article 17. Plant, machinery, equipment and hand tools. Articles 20, 21 and 22. Cofferdams and caissons, work in compressed air, structural frames and formwork. The Committee notes the information provided by the Government on the manner in which the draft Regulations address these matters, but notes that the report does not provide information on the manner in which the Government currently ensures that effect is given to these provisions of the Convention. It also notes that, with regard to Article 12(2) of the Convention, the Government indicates that its application will be ensured through the powers entrusted to the Ministry of Labour and Social Insurance to suspend all or any workplaces in cases of imminent danger. The Committee recalls that this provision of the Convention does not refer to the powers of the Government, but to the obligations of the employer, and that it is therefore the employer who is required, where there is an imminent danger, to take immediate steps to stop the operation and evacuate workers as appropriate. With regard to all of the measures referred to in the heading to this paragraph, the Committee wishes to emphasize that the indication that new legislation is being formulated does not replace the obligation to provide information on the manner in which the Convention is applied during the period covered by the report. The Committee therefore requests the Government to provide information on the manner in which it is ensured, during the period covered by the report, that effect is given to these provisions of the Convention. The Committee also requests the Government to take into account its comments on Article 12(2) of the Convention and to provide information on this subject.

Article 8. Coordination whenever two or more employers undertake activities simultaneously at one construction site. Please provide detailed information on each of the paragraphs of this Article.

Articles 24 and 27. Demolition work. Explosives. Competent person. With reference to its previous comments, the Committee notes that, with regard to Article 24 of the Convention, the Government indicates that the Ministry of Defence has to provide prior authorization for demolition and indicates the enterprises currently authorized; with regard to Article 27 of the Convention, it also refers to the responsibility of the Ministry of Defence. The Committee observes that the concept of competent person as stated in Articles 24 and 27 of the Convention is more precise than that of authorized enterprises and that, in relation to Article 27, the indications provided are not sufficient and this aspect has to be regulated in accordance with Article 2(f) of the Convention and Paragraph (1)(g) of the Safety and Health in Construction Recommendation, 1988 (No. 175). It requests the Government to adapt its law and practice to these provisions of the Convention and to provide information on this subject.

Part VI of the report form. Application in practice. The Committee notes the information provided by the Government on the inspections carried out in construction between 2006 and 2010, and the indication of the main problems encountered: lack of protective equipment and notices in areas where there is a risk of falling, and lack of basic services, training and personnel qualified to drive special vehicles. It welcomes the Government’s indication that the technical staff of the Occupational Safety and Health Department, through inspections, recommend to employers the implementation of preventive measures jointly with workers, participating in health and safety committees and as bipartite negotiating machinery which is of benefit to all parties. Employers are also recommended to carry out preventive assessments and a series or awareness-raising activities are undertaken concerning safety. The Committee requests the Government to continue providing information, particularly on the awareness-raising activities for employers and workers.