Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Occupational Health Services Convention, 1985 (No. 161) - Guatemala (Ratification: 1989)

Article 1 of the Convention. Services entrusted with essentially preventive functions and responsible for advising the employer, the workers and their representatives in the undertaking; and Article 5(a)–(k). Functions as are adequate and appropriate to the occupational risks of the undertaking. In its previous comments the Committee noted the statement in the Government’s report that tripartite consensus was reached on the Occupational Safety and Health Regulations in the National Occupational Safety and Health Council (CONASSO) and that the Government and the social partners were all aware of the need for regulations on occupational safety and health. The Committee considered that the available information did not allow it to gain a complete picture of the application of the Convention and that detailed information was therefore needed on the manner in which the provisions of the Convention are applied, including details of new legislation, if adopted, and on the manner in which the Government ensures the application of the Convention in practice. The Committee therefore asked the Government to report in detail in 2012. While noting the Government’s indications that the national policy on occupational safety and health is currently under discussion with a view to approval by the National Congress, and noting the adoption of Ministerial Agreement No. 191-2010 of the Ministry of Labour and Social Security concerning the notification and registration of workplace accidents and occupational diseases, the Committee notes that the Government’s report does not provide sufficient information on legislation or practical application to enable it to have a clear idea of the application of the Convention. Specifically, the report does not make it clear whether each of the functions listed in Article 5 of the Convention are carried out or which services are entrusted with essentially preventive functions (Article 1 of the Convention). The Government also mentions Agreement No. 1414 of the Guatemalan Social Security Institute (IGSS), but the Committee notes that this only refers to first aid. The Committee therefore again requests the Government to send a detailed report indicating the manner in which effect is given to each of the Articles of the Convention in law and in practice, especially each of the functions listed in Article 5 and the services entrusted with essentially preventive functions (Article 1). It also requests the Government to supply: (a) a copy of the draft national policy on occupational safety and health; (b) information on any progress made regarding the adoption of the draft Regulations; and (c) information on the application of the Convention in practice, including branches of activity in which occupational health services have been established, numbers of workers covered and plans for the establishment of such services, in accordance with Article 3 of the Convention. The Committee invites the Government to avail itself of technical assistance from the Office, with a view to facilitating the application of the Convention and with regard to the preparation of reports concerning the effect given to it, and to provide information in this regard.

[The Government is asked to report in detail in 2014.]