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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the General Confederation of Workers of Guatemala (CGTG), received on 3 September 2014, and the Government’s reply.

Articles 2 and 4 of the Convention. Coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers and measures to give effect to the Convention. In its previous comments, the Committee requested 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. The Committee notes the Government’s indication in its report of the adoption of Government Decision No. 229-2014, which contains the new Regulations on occupational safety and health (the Regulations) adopted in collaboration with the National Occupational Safety and Health Council (CONASSO), which is a tripartite body. The Committee notes that the Regulations do not contain provisions on a coherent national policy on occupational health services. The Committee observes that the guidance contained in Paragraph 1 of the Occupational Health Services Recommendation, 1985 (No. 171), indicates that the policy should include general principles governing the functions, organization and operation of such services. The Committee requests the Government to indicate whether consultations are still being held with the social partners on the national policy and the measures to be adopted to give effect to the Convention.

Article 3(1) and (2). Progressive development of occupational health services for all workers. Article 5(a)–(k). Functions that are adequate and appropriate for the occupational risks of the enterprise. The Committee notes that, in its observations of 2014, the CGTG indicated that there is no preventive culture in enterprises and no institutional or legal framework, and that insufficient attention is given to the health of workers. The Committee also notes that, in its report, the Government refers to the Regulations referred to above, which establish in section 10 of which states that all workplaces shall have an occupational safety and health structure comprising occupational safety and health committees that have an equal number of representatives of workers and the employer, safety inspectors or special commissions. The functions and activities of these structures shall be developed in with the corresponding internal work rules. The Regulations also contain provisions on the occupational safety and health responsibilities of the Ministry of Labour and Social Welfare, the Guatemalan Social Security Institute, the Labour Inspectorate and the Department of Occupational Safety and Health of the General Directorate of Social Welfare. Each of these institutions has functions relating to the prevention of occupational risks. The Committee recalls that Article 1(a) of the Convention defines occupational health services as services entrusted with essentially preventive functions and responsible for advising the employer, the workers and their representatives in the enterprise, and that their functions are enumerated in Article 5 of the Convention. The Committee requests the Government to specify which institutions are entrusted with the functions set out in Article 5(a)–(k) of the Convention. The Committee also once again requests the Government to provide information on the measures taken to progressively develop occupational health services for all workers.

Article 7. Organization of occupational health services. Recalling that this Article of the Convention envisages different ways of organizing occupational health services, the Committee requests the Government to provide information on the manner in which these services are organized.

Application in practice. Occupational diseases. In its previous comments, the Committee requested the Government to provide information on the recognition, treatment and compensation of cases of occupational disease. The Government indicates that the list of occupational diseases needs to be updated. In this regard, the Pan American Health Organization organized two workshops, with the participation of various organizations working in this field, and the new list of occupational diseases is in the process of being approved. The Government adds that Ministerial Decision No. 191-2010 requires employers to keep a register and to notify occupational accidents and cases of occupational disease that occur in the workplace. The Committee requests the Government to continue providing information on the application of the Convention in practice, and particularly extracts of inspection reports, statistical information on the number of workers covered and the number and nature of the contraventions reported, among others.

Technical assistance. 2014 Declaration of Intent. The Committee notes that, following the signature of the Declaration of Intent by the National Congress of Guatemala and the ILO International Labour Standards Department, a meeting was held on 6 July 2015, with the participation of members of the Government, the ILO representative in Guatemala and members of the Congressional Labour Commission. The Committee requests the Government to continue providing information on the activities carried out in relation to the Convention to follow up the 2014 Declaration of Intent.

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

Referring to its observation, the Committee wishes to raise the following additional points.

Article 1 of the Convention. Services entrusted with essentially preventive functions and responsible for advising the employer, the workers and their representatives. Article 7. Organization of occupational health services. The Committee notes the Government’s indication that the Guatemalan Social Security Institute (IGSS), through its team of 60 inspectors, 23 safety and hygiene officers and 30 health officers, undertakes evaluations of working and environmental conditions in the various undertakings affiliated to the IGSS, either at the request of the undertaking or according to its own schedule. It also notes the other activities indicated in the Government’s report, such as investigation of occupational accidents, relocation of workers, approval of premises, and training. It is the Committee’s understanding that the only occupational health services in Guatemala are provided by the IGSS. Referring to the various forms of organization of occupational health services provided for in Article 7 of the Convention, the Committee requests the Government to indicate whether the only occupational health services in Guatemala are indeed provided by the IGSS and, if there are other forms in which these services are organized – for example, for major undertakings, maquiladoras (export processing) sector enterprises or individual branches of activity (such as mining, agriculture or construction) – to send detailed information in this respect.

Article 5(a)–(k). Functions as are adequate and appropriate to the occupational risks of the undertaking. The Committee notes the Government’s information concerning the functions discharged by the IGSS. However, it would appear from the Government’s description that, although the functions of the IGSS are extensive, in practice they focus on inspection and rehabilitation. The Committee requests the Government to indicate in what type of undertakings and in what manner the IGSS discharges the functions of risk identification and assessment (Article 5(a) of the Convention) and in what manner it participates in the analysis of occupational accidents and occupational diseases (Article 5(k)).

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

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.

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

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.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes 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 Commission (CONASSO), composed of representatives of the Government, employers and workers, and that the Regulations will soon come into force. The Government states that this has been a complex process with contributions from the three sectors, all aware of the need for regulations in this area. The Committee observes that it already noted the work of CONASSO in 2006 and hopes that the Government will soon be able to report on the progress made. The Committee would like to emphasize that the indication that new legislation is being drawn up does not free the Government from the obligation to supply information on the manner in which the application of the Convention in practice is ensured during this period and it considers that the available information does not allow it to gain a complete picture of the application of the Convention. The Committee therefore considers that detailed information is needed on the manner in which the provisions of the Convention are applied, including details of new legislation, if adopted, and if not, on the manner in which the Government ensures the application of the Convention in practice. The Committee therefore requests the Government to supply detailed information on the application of the present Convention.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report. It notes in particular the information that the Ministry of Labour and Social Insurance, through the Health and Safety Department of the General Directorate of Social Insurance, is carrying out a study and a tripartite analysis together with bodies representing workers, employers and the Government with a view to reforming the General Occupational Safety and Health Regulations, to ensure that enterprises carry out risk evaluations to prevent hazards to the health of workers, so that importance is attached and investments made in improving occupational safety, health and hygiene conditions at work with the objective of motivating the performance of workers.

2. Article 6 of the Convention. Legislation for the establishment of occupational health services. The Committee notes the information that on 19 May 2005 the employer representatives submitted a preliminary draft of General Safety and Health Regulations to the National Occupational Safety and Health Commission (CONASSO), the text of which is now being reviewed. The Committee trusts that the draft text will be adopted in the near future to give full effect to the Convention.

3. Part V of the Convention. Application in practice. The Committee notes the information that in 2004, a total of 306 regular inspections were carried out to provide guidance to employers and workers with a view to risk management at work and the improvement of environmental conditions, and that technical advice in the field of occupational safety and health was provided to 150 enterprises in 2005. A total of 67 occupational safety and health committees were organized in the various economic sectors in 2004, and the number was 61 in 2005. The Committee requests the Government to continue providing information on the application of the Convention in practice, the results of inspection visits and the action taken to improve conditions in the working environment.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

I. 1. Articles 2, 4 and 6 of the Convention. The Committee notes that Governmental Agreement No. 359-91, in force since 16 October 1991, sets forth Regulations for the Application of this Convention, including the requirement in all enterprises with over 25 workers to establish a health service within six months of the Agreement's entry into force. It further notes that Governmental Agreement No. 894-91 of 22 November 1991 suspended the above-mentioned Agreement for 90 days in order to permit consultations with employers and workers. The Government is requested to indicate whether Agreement No. 359-91 has re-entered into force and, if so, to indicate its effective date.

2. The Committee notes from the Government's report for the period ending 30 June 1991 that consideration was being given to establishing a tripartite Commission on International Affairs which would be responsible for adopting measures for the implementation of a national policy on occupational health services. The Government is requested to indicate whether this Commission has been created and to provide further information on any measures it might have taken, or envisages, to ensure the implementation of the national policy on occupational health services.

II. Article 3 and point VI of the report form. The Government is requested to indicate the number of enterprises in which occupational health services have already been established under Governmental Agreement No. 359-91 and the number of workers covered, as well as to indicate any other measures taken or envisaged to make occupational health services available to all workers who do not yet have access to such services, including those in undertakings of less than 25 workers.

III. Articles 1 and 5. The Committee notes that, according to the Government's report, the function of the health services established by the Governmental Agreement No. 359-91 are, inter alia, the prevention of occupational accidents and diseases and that section 2 of the Agreement enumerates as one of the functions of such services those which are listed in Article 5 of the Convention. It notes that the health services called for by the Agreement consist of the establishment of health clinics with nurses or doctors, but does not really indicate the manner in which such clinics fulfil the preventive functions set forth in Articles 1 and 5 of the Convention. The Committee would emphasize that the essential nature of the occupational health services envisaged by the Convention is a preventive one, responsible not only for examining workers, but also for advising on the requirements for establishing and maintaining a safe and healthy working environment to facilitate optimal physical and mental health in relation to work and on the adaptation of work to the capabilities of workers in the light of their state of physical and mental health. The Government is, therefore, requested to provide further information on the manner in which the health services to be established by virtue of the Governmental Agreement carry out the functions enumerated in Article 5 of the Convention.

IV. Article 8. The Committee notes that section 10 of the General Occupational Hygiene and Safety Regulations of 1957 provides for the creation in every workplace of safety organizations. The Government is requested to provide further information on the functioning of these safety organizations and the manner in which such organizations cooperate and participate in the implemention of the organizational and other measures relating to occupational health services in practice.

V. 1. Article 9, paragraph 1. The Committee would recall that this provision of the Convention calls for the establishment of occupational health services of a multidisciplinary nature so that such services might better carry out the advisory services necessary to maintaining a safe and healthy working environment. The Government is requested to indicate the measures envisaged to ensure that occupational health services are of a multidisciplinary nature.

2. Paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services carry out their functions in cooperation with the other services in the undertaking.

VI. 1. Article 10. The Government is requested to indicate the measures taken or envisaged to ensure that the personnel of occupational health services enjoy professional independence from employers, workers, and their representatives, in relation to their functions.

2. Article 12. The Committee notes that section 5(d) of the General Occupational Hygiene and Safety Regulations of 1957 provides that the employer shall arrange for medical examinations of the workers. The Government is requested to indicate the measures taken or envisaged to ensure that the surveillance of workers' health in relation to work involves no loss of earnings for them, is free of charge and takes place as far as possible during working hours.

3. Article 13. The Committee notes that section 7 of the General Occupational Hygiene and Safety Regulations provides that the employer shall warn workers of the danger to which they are exposed when they work with asphyxiating, poisonous or infectious materials, or materials that are particularly injurious to health. The Government is requested to indicate the measures taken or envisaged to ensure that workers are informed of all health hazards involved in their work.

4. Article 14. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of any known or suspected hazards in the working environment which may affect the workers' health.

5. Article 15. The Committee would recall that the purpose of this Article is to provide occupational health services with information which would enable them to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace and, thus, better fulfil their preventive function. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons and to ensure that occupational health services cannot be required by the employer to verify the reasons for absence from work.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided by the Government in its first report. It requests the Government to provide additional information in its next report on the following points:

I. 1. Articles 2, 4 and 6 of the Convention. The Committee notes that Governmental Agreement No. 359-91, in force since 16 October 1991, sets forth Regulations for the Application of this Convention, including the requirement in all enterprises with over 25 workers to establish a health service within six months of the Agreement's entry into force. It further notes that Governmental Agreement No. 894-91 of 22 November 1991 suspended the above-mentioned Agreement for 90 days in order to permit consultations with employers and workers. The Government is requested to indicate whether Agreement No. 359-91 has re-entered into force and, if so, to indicate its effective date.

2. The Committee notes from the Government's report that consideration is being given to establishing a tripartite Commission on International Affairs which would be responsible for adopting measures for the implementation of a national policy on occupational health services. The Government is requested to indicate whether this Commission has been created and to provide further information on any measures it might have taken, or envisages, to ensure the implementation of the national policy on occupational health services.

II. Article 3 and point VI of the report form. The Government is requested to indicate the number of enterprises in which occupational health services have already been established under Governmental Agreement No. 359-91 and the number of workers covered, as well as to indicate any other measures taken or envisaged to make occupational health services available to all workers who do not yet have access to such services, including those in undertakings of less than 25 workers.

III. Articles 1 and 5. The Committee notes that, according to the Government's report, the function of the health services established by the Governmental Agreement No. 359-91 are, inter alia, the prevention of occupational accidents and diseases and that section 2 of the Agreement enumerates as one of the functions of such services those which are listed in Article 5 of the Convention. It notes that the health services called for by the Agreement consist of the establishment of health clinics with nurses or doctors, but does not really indicate the manner in which such clinics fulfil the preventive functions set forth in Articles 1 and 5 of the Convention. The Committee would emphasize that the essential nature of the occupational health services envisaged by the Convention is a preventive one, responsible not only for examining workers, but also for advising on the requirements for establishing and maintaining a safe and healthy working environment to facilitate optimal physical and mental health in relation to work and on the adaptation of work to the capabilities of workers in the light of their state of physical and mental health. The Government is, therefore, requested to provide further information on the manner in which the health services to be established by virtue of the Governmental Agreement carry out the functions enumerated in Article 5 of the Convention.

IV. Article 8. The Committee notes that section 10 of the General Occupational Hygiene and Safety Regulations of 1957 provides for the creation in every workplace of safety organizations. The Government is requested to provide further information on the functioning of these safety organizations and the manner in which such organizations cooperate and participate in the implemention of the organizational and other measures relating to occupational health services in practice.

V. 1. Article 9, paragraph 1. The Committee would recall that this provision of the Convention calls for the establishment of occupational health services of a multidisciplinary nature so that such services might better carry out the advisory services necessary to maintaining a safe and healthy working environment. The Government is requested to indicate the measures envisaged to ensure that occupational health services are of a multidisciplinary nature.

2. Paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services carry out their functions in cooperation with the other services in the undertaking.

VI. 1. Article 10. The Government is requested to indicate the measures taken or envisaged to ensure that the personnel of occupational health services enjoy professional independence from employers, workers, and their representatives, in relation to their functions.

2. Article 12. The Committee notes that section 5(d) of the General Occupational Hygiene and Safety Regulations of 1957 provides that the employer shall arrange for medical examinations of the workers. The Government is requested to indicate the measures taken or envisaged to ensure that the surveillance of workers' health in relation to work involves no loss of earnings for them, is free of charge and takes place as far as possible during working hours.

3. Article 13. The Committee notes that section 7 of the General Occupational Hygiene and Safety Regulations provides that the employer shall warn workers of the danger to which they are exposed when they work with asphyxiating, poisonous or infectious materials, or materials that are particularly injurious to health. The Government is requested to indicate the measures taken or envisaged to ensure that workers are informed of all health hazards involved in their work.

4. Article 14. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of any known or suspected hazards in the working environment which may affect the workers' health.

5. Article 15. The Committee would recall that the purpose of this Article is to provide occupational health services with information which would enable them to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace and, thus, better fulfil their preventive function. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons and to ensure that occupational health services cannot be required by the employer to verify the reasons for absence from work.