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

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

Legislation. The Committee notes the adoption of Government Decision No. 229-2014 issuing the new Regulations on occupational safety and health (the Regulations), as well as the documents referred to by the Government namely: the Guide on the preparation of the health and safety plan for the construction industry, the Guide for the inspection of working conditions for the Department of Occupational Safety and Health of the Ministry of Labour and Social Welfare, and the Safety and Health Plan in Construction, envisaged in section 371 of the Regulations. The Committee requests the Government to provide a copy of the Guide for the inspection of working conditions for the Department of Occupational Safety and Health of the Ministry of Labour and Social Welfare, and the Safety and Health Plan in Construction, envisaged in section 371 of the Regulations.

Article 3 of the Convention. Measures taken to give effect to the Convention and consultation with the most representative organizations of employers and workers in this regard. In its previous comments, the Committee requested the Government to provide information on the consultations held with the most representative organizations of employers and workers concerned with regard to the laws and regulations that give effect to the Convention, and on their outcomes. The Committee notes the Government’s indication in its report that the Regulations were discussed and prepared in the framework of the National Occupational Safety and Health Council (CONASSO), which is a tripartite body.

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. In its previous comments, the Committee requested the Government to provide information on the manner in which it is ensured that effect is given to these provisions of the Convention. The Committee notes that section 371 of the Regulations provides that any construction works, prior to commencement, shall include a health and safety plan, which shall set out all the safety measures that are to be adopted during the course of the construction, which shall be verified by the Department of Occupational Health and Safety of the Ministry of Labour and Social Welfare or by the Health and Safety Section of the Guatemalan Social Security Institute, in the case of employers covered by the latter. The Committee requests the Government to provide information in relation to the implementation in practice of section 371 of the Regulations.

Article 8. Coordination whenever two or more employers or self-employed persons undertake activities simultaneously at the same construction site. The Committee notes that the Government has not provided the information requested previously on this point. The Committee requests the Government to indicate the manner in which it is ensured that the principal contractor, employers and self-employed workers cooperate in relation to safety and health where two or more of them undertake activities simultaneously at one construction site.

Article 12(2). Obligation of the employer to stop the operation and evacuate workers. Articles 20, 21 and 22. Cofferdams and caissons, work in compressed air, and structural frames and formwork. The Committee notes that the Government has not provided the information requested previously on these Articles. The Committee requested the Government to provide detailed information on the manner in which it is ensured that effect is given to these Articles of the Convention.

Article 17. Plant, machinery, equipment and hand tools. In its previous comments, the Committee requested the Government to provide information on the manner in which it is ensured that effect is given to this Article of the Convention. The Committee notes that the Regulations contain provisions respecting machinery (sections 421 to 457) and hand tools (sections 458 and 459).

Articles 24 and 27. Demolition, explosives and competent persons. In its previous comments, the Committee requested the Government to adapt its law and practice in relation to these Articles of the Convention, with emphasis on the definition of a “competent person” contained in Article 2(f) of the Convention. The Committee notes that sections 153 to 156 of the Regulations respecting demolition and work involving explosives do not refer to supervision by a competent person. Under these conditions, the Committee reiterates its request that the Government adapt the law and practice to these Articles of the Convention and to provide information on this subject.

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

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.

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

Laws and regulations and the Plan of Action (2010–16). The Committee notes the information provided once again by the Government indicating that the new Occupational Safety and Health Regulations have not yet been adopted. The Committee has been referring to this matter for many years and observes that the Government appears to be encountering difficulties in the adoption of the Regulations, which would establish the general occupational safety and health framework and would facilitate the application of the other occupational safety and health (OSH) Conventions that have been ratified. In this respect, the Committee takes this opportunity to inform the Government that in March 2010 the Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key OSH instruments, which are the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002 and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). The Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan of Action, the Office is available to provide assistance to governments, where appropriate, to assist in bringing their law and practice into conformity with these key OSH Conventions with a view to promoting their ratification and effective implementation, as well as to provide assistance in relation to the other OSH Conventions. The Committee also wishes to indicate that the approach adopted by these three key instruments can make an effective contribution to the management of OSH systems based on a preventive, coherent and tripartite approach to OSH. The Committee invites the Government to examine the obstacles encountered in the adoption of the Regulations referred to above, and particularly for the adoption of legislation to give effect to the present Convention, and requests it to provide information on these obstacles and on any need for technical assistance identified in this connection.

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

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

1. The Committee notes the information contained in the Government’s reports and notes with interest the information provided in reply to its previous comments ensuring the application of parts of the Convention. The Committee also notes the Government’s reference to the participation of the secretary general of the Construction Trade Union in the National Occupational Safety and Health Council, which envisages preparing a technical regulation for the construction sector. It hopes that this regulation, once adopted, will give due effect to relevant provisions of the Convention including Article 5. The Committee requests the Government to provide information on any progress achieved in this regard.

2. Article 4 of the Convention. Legislation ensuring the application of the Convention adopted on the basis of an assessment of the safety and health hazards. The Committee notes from the Government’s report that, once again, the Government indicates that the assessment of the safety and health risks involved for workers which must serve as the basis for adoption of national legislation ensuring the application of the provisions of the Convention, has not yet been carried out. The Committee requests the Government to indicate the measures taken or contemplated with a view to fulfilling the obligation established in this Article of the Convention and to specify to what extent the review of the provisions of the General Regulation on Occupational Safety and Health, which has been undertaken, will serve for such risk assessment.

3. Article 9. Safety and health of workers in the design and planning of a construction project. With reference to its previous comments, the Committee requests the Government to indicate the measures envisaged or adopted to ensure that the persons responsible for the design and planning of a construction project are under the obligation to take into account the safety and health of the workers.

4. Article 12, paragraph 2. The employer’s obligation to stop operation and evacuate workers. The Committee notes the Government’s statement that the Labour Code, the General Regulation on Occupational Safety and Health and the Regulation on the Protection against Labour Accidents guarantee the application of this Article of the Convention. However, the Government notes that no specific provisions within the abovementioned legislation specifically prescribe that employers are required to stop the operation and evacuate workers where so warranted by a situation of danger. The Committee hopes that the Government will adopt the necessary measures to explicitly provide for the obligation of employers to stop the operation and, where necessary, evacuate the workers when the danger of the situation so warrants.

5. Article 17. Plant, machinery, equipment and hand tools. The Committee notes the Government’s statement that sections 28 to 37 of the General Regulation on Occupational Safety and Health regulate the construction and appropriate use of plant, machinery and equipment, both manual and power-driven. It also notes that the General Regulation on Occupational Safety and Health places an obligation on employers to provide workers with adequate instruction for the safe use of materials. The Committee notes, however, that there appears to be no legal provision in national legislation governing the examination and testing of pressure plant equipment. The Committee requests the Government to take the necessary steps in law and in practice to ensure that pressure plant equipment is examined and tested by a competent person in accordance with the Convention and to report on progress in this respect in its next report.

6. Articles 20, 21 and 22. Cofferdams and caissons, work in compressed air, structural frames and formwork. The Committee notes the Government’s statement that there is no legal provision governing these Articles of the Convention. The Committee requests the Government to take the necessary steps in law and in practice to bring national law into conformity with the provisions of these Articles of the Convention and asks the Government to provide information in this respect in its next report.

7. Article 24. Demolition work. The Committee refers to its previous comments regarding the carrying out of demolition work under the supervision of inspectors of the Guatemalan Social Security Institute. It notes that the Government’s report is silent in respect of the means provided to make supervision by these inspectors compulsory during such work and the provisions prescribing the appropriate precautions, methods and procedures, including those for the disposal of waste or residues, where the demolition might present danger to workers or to the public. It therefore reiterates its request to the Government to provide information in its next report on the measures taken in law and in practice to ensure that effect is given to this provision.

8. Article 27. Explosives. The Committee notes the Government’s statement that sections 83 to 93 of the General Regulation on Occupational Safety and Health ensures the application of this Article of the Convention. The Committee notes, however, that there seems to be no legislative provision ensuring that a competent person takes the necessary steps to ensure that workers and other persons are not exposed to the risk of injury from explosives. The Committee requests the Government to provide information in its next report on the measures taken in law and in practice to ensure application of this provision.

9. Part VI of the report form. The Committee requests the Government to provide detailed information in its next report on the number of inspections carried out and the number and nature of infringements observed. It also requests the Government to continue to provide a general appreciation of the manner in which the Convention is applied in the country.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its first report.

1. The Committee requests the Government to supply details on the following points.

Article 4 of the Convention. The Committee notes from the Government's report that the assessment of the safety and health risks involved for workers which must serve as the basis for adoption of national legislation ensuring the application of the provisions of the Convention, has not yet been carried out. The Committee requests the Government to indicate the measures taken or contemplated with a view to fulfilling the obligation established in this provision and to specify to what extent the review of provisions of the general regulations on occupational safety and health, which has been undertaken, will serve for such risk assessment.

Article 5. The Committee notes that no technical standards or codes of practice on occupational safety and health have been adopted. It also notes that, according to section 11(b) of the general regulations on occupational safety and health, the Ministry of Labour and Social Welfare and the Guatemalan Social Security Institute must lay down technical recommendations for the purpose of eliminating risks of accident and disease and promote the adoption of measures to protect the life, health and physical integrity of wage-earners. The Committee requests the Government to indicate by what means the national legislation designed to give effect to the Convention is applied in practice and how due regard is given to the relevant standards on occupational safety and health adopted by recognized international organizations in the field of standardization.

Article 7. The Committee notes that section 198 of the Labour Code lays down the obligation for the employer to apply the measures indicated by the Guatemalan Social Security Institute with a view to preventing occupational accidents and diseases. It requests the Government to indicate the provision which places an obligation on self-employed persons to comply with the prescribed safety and health measures at the workplace.

Article 24. The Committee notes that demolition work is carried out under the supervision of inspectors of the Guatemalan Social Security Institute. It requests the Government to indicate what means are provided to make supervision by these inspectors compulsory during such work and what are the provisions prescribing the appropriate precautions, methods and procedures, including those for the disposal of waste or residues, where the demolition might present danger to workers or to the public.

Article 26, paragraph 3. The Committee notes that section 53 of the General Regulations provides for the adoption of regulations concerning electrical installations and periodic checking in certain categories of enterprise. The Committee requests the Government to describe the standards applied at national level in regard to the laying and maintenance of electrical cables on construction sites.

Article 28, paragraph 3. The Committee notes that sections 55 and 56 of the General Regulations on Occupational Safety and Health lay down the conditions which must be present in the workplace where there may be risks to health, due to dust, gas, or flammable or harmful vapour. Please describe the measures provided for areas in which there may be an oxygen deficiency.

2. The Committee would be grateful if the Government would supply further information on the application of the following points.

Article 3. Consultation of the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention.

Article 8. Sharing of responsibility between two or more employers undertaking activities simultaneously at one construction site in regard to the application of prescribed safety and health measures.

Article 9. The need to take into account the safety and health of the construction workers in accordance with national laws, regulations and practice, during the design and planning of a construction project.

Article 10. The rights and duties of workers to participate in ensuring safe working conditions and to express views on the working procedures adopted.

Article 12, paragraph 2. The obligation on the employer to stop the operation and evacuate workers as appropriate where there is an imminent danger to their safety.

Article 13, paragraph 2. The provision and maintenance of safe means of access to and egress from all workplaces.

Article 14, paragraphs 1, 2 and 4. The obligation to provide and maintain a safe and suitable scaffold where work cannot safely be done on or from the ground or from part of a building; the provision of suitable and sound ladders in the absence of alternative safe means of access to elevated working places; the inspection of scaffolds by a competent person.

Article 15, paragraphs 1(b), (d), (e) and 2. The obligation to install and use correctly lifting appliances and items of lifting gear, to have them examined and tested by a competent person at such times and in such cases as shall be prescribed, to have them operated by workers who have received appropriate training, and not to use them to raise, lower or carry a person unless they are constructed, installed and used for that purpose.

Article 16, paragraphs 1(c) and (d), and 2. Proper use of transport, earth-moving and materials-handling equipment; appropriate training of workers operating such machines; provision of safe and suitable access ways for such machines; traffic control measures.

Article 17. Good design, construction and appropriate use of plant, machinery and equipment, including hand tools, both manual and power-driven; appropriate training for workers operating them; obligation on the manufacturer or the employer to provide adequate instructions for safe use; obligation to submit pressure plant and equipment for examination and testing by a competent person.

Article 18. Obligation to take the necessary measures to avoid (i) the fall of workers and tools or other objects or materials where the height of a structure or its slope exceeds that prescribed; (ii) the fall of workers through roofs or fragile material.

Article 19(b), (c), (d) and (e). Adequate precautions taken in any excavation, shaft, earthworks, underground works or tunnel to guard against dangers arising from the fall of persons, materials or objets; to maintain any fumes, gases, vapours, dust or other impurities at levels which are not dangerous or injurious to health; to enable workers to reach safety in the event of fire, or an inrush of water or materials; to avoid risk to workers arising from possible underground dangers.

Article 20. Quality of the construction, suitability and soundness of cofferdams and caissons; provision of adequate means for workers to reach safety in the event of an inrush of water or material; provisions regulating the supervision by a competent person during the construction, positioning, modification or dismantling of a cofferdam or caisson and the inspection of all cofferdams and caissons.

Article 21. Provisions regulating work in compressed air, the nature of prescribed medical examinations and supervision of the conduct of operations by a competent person.

Article 22. Provisions prescribing supervision by a competent person during the erection of structural frames and components and stipulating the formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 27. The storage, transport, handling and use of explosives under conditions prescribed and by a competent person to ensure that workers and other persons are not exposed to risk of injury.

Article 29. Provision of sufficient and suitable storage for flammable liquids, solids and gases on the construction site.

Article 30, paragraphs 2 and 3. Obligation on the employer to provide the workers with the appropriate means to enable them to use the individual protective equipment and to ensure its correct use.

Article 32, paragraphs 1 and 2(b). Obligation to provide an adequate supply of drinking-water at or near every construction site; obligation to provide facilities for the storage and drying of workers' clothing.

Article 34. Reporting to the competent authority of occupational accidents and diseases.