Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the observations from the General Confederation of Workers of Guatemala (CGTG), which were received on 3 September 2014. The Committee requests the Government to provide its comments in this respect.

Articles 2 and 4 of the Convention. Coherent national policy on occupational health services in consultation with the most representative employers’ and workers’ organizations. Measures. In its previous comments, the Committee noted that the national policy on occupational health, hygiene and safety was under discussion in the National Congress. The Committee notes the Government’s statement in its report that no occupational safety and health (OSH) policy exists, nor are there any adequate and coordinated regulations on OSH, nor even a technical standard for workers in construction, even though this is globally recognized to be a high-risk industry because of the nature of its work. The Committee therefore requests the Government to take the necessary measures, in consultation with the most representative organizations of employers and workers and in the light of national conditions and practice, to formulate, implement and periodically review a coherent national policy on occupational health services and to give effect to the Convention, in accordance with Article 4 of the Convention. The Committee requests the Government to keep it informed of any developments in this respect.

Article 3(1) and (2). Progressive development of occupational health services for all workers. The Committee observes that the Government has not sent the requested information on the application of this Article of the Convention. The Committee requests the Government to provide information on the measures taken or contemplated, in consultation with the most representative organizations of workers and employers, to develop progressively occupational health services for all workers, including those in the public sector and the members of production cooperatives, in all branches of economic activity and all undertakings.

Application of the Convention in practice. The Committee notes the Government’s statement that occupational diseases are not taken into account, since recognition of them, and any related treatment or compensation, is impossible owing to the lack of regulation. The Government indicates that, nevertheless, a new labour policy scenario has been established that is conducive to social dialogue, which could facilitate change. The Committee refers to its comments in the next paragraph. The Committee requests the Government to continue providing information in this respect, particularly on progress made in the effective application of the Convention.

Technical assistance. 2014 Declaration of Intent. The Committee welcomes the signature of the Declaration of Intent on 10 September 2014 by the National Congress of Guatemala, through its Labour Commission, and the ILO International Labour Standards Department, clause (c) of the second provision of which establishes the commitment of the parties to collaborate, in the context of technical assistance, on the preparation and drafting of labour legislation. The Committee hopes that the technical assistance will be implemented as soon as possible and contribute to giving effect to the provisions of the Convention, and requests the Government to provide information in this respect.

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