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

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

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

Legislative and other measures to give effect to the Convention. The Committee recalls that for many years, it has requested the Government to adopt the necessary legislative measures to give effect to the Convention. The Committee welcomes the Government’s request, in its report, for technical assistance from the Office in relation to the adoption of measures on the use and regulation of asbestos; and that the National Occupational Safety and Health Council (CONASSO) agreed exceptionally to specifically consider the Convention in 2014 and to include in its ordinary agenda for 2014–16 action on all ratified Conventions and their corresponding Recommendations which are related directly or indirectly to occupational safety and health. The Committee also notes that the Government forwarded to the Office a draft government decision to regulate the use of asbestos in Guatemala.

In this respect, while welcoming the Government’s initiative to give effect to the Convention, the Committee however notes that the draft government decision in question is not in full compliance with most of the Articles of the Convention. In particular, the draft does not provide for specific provisions concerning: the prohibition of the use of crocidolite (Article 11); the prohibition of spraying of all forms of asbestos (Article 12); the requirement in law of employers to notify, in a manner and to the extent prescribed by the competent authority, certain types of work involving exposure to asbestos (Article 13); and the prescription of exposure limits (Article 15). The Committee also recalls that the Convention requires the competent authority to establish a system for the authorization of employers or contractors qualified to carry out the demolition work referred to by Article 17; and specify methods to measure the concentrations of airborne asbestos dust and determine the intervals at which such monitoring shall be carried out, and other matters relating to the monitoring of the workplace (Article 20). The Committee notes that the draft does not give effect to these Articles of the Convention. With reference to Article 21 of the Convention (surveillance of workers’ health), the Committee observes that, although the draft provides that medical examinations shall be carried out, it does not specify the type of medical examination nor does it contain provisions on the notification of occupational diseases caused by asbestos as required by this Article of the Convention.

In light of the above, the Committee expresses the firm hope that, following previous consultations with the most representative of workers’ and employers’ organizations, the government decision regulating the use of asbestos in Guatemala referred to by the Government will be issued in the near future; and that it will give full effect to the Convention and will take full account of the comments made by the Committee. The Committee requests the Government to provide information on any development in this regard. Finally, the Committee trusts that the ILO will provide the technical assistance requested by the Government.

[The Government is asked to reply in detail to the present comments in 2015.]