White Lead (Painting) Convention, 1921 (No. 13) - Guatemala (Ratification: 1990)

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

The Committee notes the information provided by the Government in its report in reply to its previous comments relating to Articles 3(1) and 5(III)(a) of the Convention.

Article 2(2) (in conjunction with Article 5). Regulation of the use of white lead, sulphate of lead and all products containing these pigments, in various types of work. Further to its previous comments, the Committee notes the adoption of Government Decision No. 229-2014, containing the new Regulation on occupational safety and health. The Committee notes in particular that sections 201–209 of the Regulations on hazardous substances are identical to sections 201–209 of the General Regulations on occupational safety and health provided in 2010, except that they no longer make explicit reference to lead as a substance that is harmful to health. The Committee also notes that the above Government Decision does not include the specific provisions required by Article 5. Under these conditions, the Committee requests the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

Article 7. Compilation of statistics on lead poisoning among working painters with respect to morbidity. The Committee notes that, according to the information provided by the Ministry of Public Health and Social Assistance, there were no recorded cases of lead poisoning between 2011 and May 2015. The Committee requests the Government to continue providing information on reported or presumed cases of lead poisoning, either through the Department of Occupational Safety and Health of the General Directorate of Social Welfare or the General Labour Inspectorate.

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

Article 2 of the Convention. Regulation of the use of white lead, sulphate of lead, and all products containing these pigments, in various types of work. With reference to its previous comments, the Committee notes the information supplied by the Government on the application of this provision in practice. The Committee requests the Government to continue to supply such information and urges it to adopt legislative and/or regulatory measures to give effect to this provision of the Convention and to supply information in this regard.

Article 3(1). Measures to ensure that persons under 18 years of age and women of any age are not employed in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee notes the Government’s indication that regulations for the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), and immediate action for the elimination of such forms of labour, to which the prohibition laid down by the Convention with respect to minors applies, were adopted by means of Government Agreement No. 250-2006. The Committee requests the Government to indicate whether the abovementioned regulations are applied directly with respect to this provision of the Convention or whether it is necessary to amend existing standards for them to be applied.

Article 5, Part III(a). Notification of cases of lead poisoning. With reference to its previous comments, the Committee notes the Government’s statement to the effect that Agreement No. 1401 of the Executive Board of the Guatemalan Social Security Institute contains a list of occupational diseases which includes lead poisoning. The Committee notes that the agreement considers an occupational disease to be one contracted as an immediate, direct and unquestionable result of the type of work performed by the worker. The Committee requests the Government to supply further information on the application of the agreement and take account of the fact that this provision of the Convention covers cases not only of lead poisoning but also of suspected lead poisoning and that both types of case must be notified. It also requests the Government to indicate the provisions which make notification of cases of lead poisoning and of suspected lead poisoning obligatory and to provide information on their application in practice.

Article 7. Compilation of statistics on lead poisoning among working painters with respect to morbidity. The Committee notes the Government’s indication that the Guatemalan Social Security Institute compiles statistics on morbidity and mortality due to lead poisoning and also notes the statement by the Institute in 2009 that no cases of lead poisoning were reported in Guatemala. It is the Committee’s understanding, as indicated in its comments on Article 5, that there is no obligation to notify cases of lead poisoning and of suspected lead poisoning, which would have a certain impact on statistics. The Committee requests the Government to supply more detailed information in this respect.

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

1. The Committee notes the information contained in the Government’s last report. It notes in particular the information on the application of Article 6 of the Convention (consultation with the employers’ and workers’ organizations concerned on the steps to be taken to ensure the application of the Convention). However, the Committee notes that, despite its reiterated requests, the Government omits to submit detailed information on the application of the following Articles of the Convention.

2. Article 2 of the Convention. Regulation of the use of white lead, sulphate of lead, and all products containing these pigments, in the various types of work. With reference to its previous comments, the Committee notes that inspections and investigations are carried out in enterprises operating in the painting industry, and that the two biggest such enterprises in the Republic (Grupo Solid SA and Comes) have indicated that they do not use white lead. It also notes that the General Directorate of Social Insurance, through the Occupational Safety and Health Department, is envisaging a follow-up plan in these enterprises and will make the necessary contacts with a view to conducting a professional investigation to ensure that white lead is not used in the manufacture of paint. It notes that the above Department has expressed interest in cooperating with ILO safety and health experts for the training of its personnel. The Committee requests the Government to keep it informed of any developments in this respect.

3. Article 3, paragraph 1. The necessary measures to ensure that males under 18 years of age and females do not perform any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments. The Committee notes the Government’s indication that it is formulating draft regulations on the worst forms of child labour, which are about to be submitted to the executive authorities for approval and in which there is an implicit prohibition of the use of toxic chemicals which are harmful to health. The Committee hopes that the above regulations will be adopted in the near future and that the relevant measures will guarantee that workers are not involved in painting work involving the use of white lead. It requests the Government to provide full information on the progress achieved in this respect, as well as copies of the new legislative texts or regulations adopted.

4. Article 5(II)(a), (b) and (c), in conjunction with Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the Occupational Safety and Health Department, through health and safety technicians, undertakes advisory and information missions to enterprises with a view to monitoring compliance with the legislation in force respecting occupational safety and health. It also notes the absence of substantive information on the practical results achieved through inspections, such as extracts of inspection reports on the infringements detected, etc. The Committee requests the Government to provide the above information in its next report in order to enable the Committee to determine the extent to which the Convention is applied in practice in the country.

5. Article 5(III)(a). Notification of cases of lead poisoning. The Committee notes the Government’s indication that occupational diseases are still not classified and that the Guatemalan Social Security Institute records cases of lead poisoning in each district, but that they are not always considered to be occupational diseases, and are also registered as common diseases. The Committee hopes that occupational diseases will be classified in the near future, that penalties will be imposed on employers failing to notify cases of lead poisoning and that the activities of the Guatemalan Social Security Institute will lead to the identification of cases of lead poisoning and of suspected lead poisoning. It requests the Government to keep it informed of any developments in this connection.

6. Article 5(IV). Obligation to distribute to working painters instructions with regard to the special hygienic precautions to be taken in the painting trade. With reference to its previous comments, the Committee notes that the Government’s report contains no information on this subject. The Committee trusts that the Government will soon be in a position to take the necessary measures, by means of regulations or other means, to ensure that information and instructions on occupational safety and health standards are provided to all workers and employers concerned, as a prerequisite for compliance with the protection standards established by this provision of the Convention.

7. Article 7. Compilation of statistics on lead poisoning among working painters as to morbidity. The Committee notes the Government’s indication that the Guatemalan Social Security Institute compiles statistics on lead poisoning as to morbidity and mortality and that, through the National Occupational Safety and Health Council, which is part of the above Institute, instructions are given for its classification as an occupational disease and so that real data on lead poisoning can be obtained. The Committee trusts that the Institute will undertake a compilation in the very near future of data as to morbidity and mortality caused by lead poisoning and it requests the Government to supply the above data with its next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s last report and the information supplied in response to its previous comments. The Committee draws the Government’s attention to the following points requiring additional measures in conformity with the provisions of this Convention.

Article 2 of the Convention. The Committee notes the Government’s indication that in the framework of investigations carried out by the General Directorate of Social Protection in 2001 in the painting industries concerning the use of white lead in painting, it has been stated that this pigment is neither contained in the painting used in the country nor manufactured in the country. The Committee requests the Government to indicate whether these investigations are based on clear definitions that distinguish between the various forms of paintings.

In addition, it requests the Government to indicate whether such studies are carried out on a regular basis to ensure that white lead indeed remains replaced by other products or pigments, for by virtue of Regulation No. 2 of Government Agreement No. 475-91 of 16 July 1991 the use of white lead in paintings used for the internal painting of buildings is not strictly prohibited.

Article 3, paragraph 1. The Committee notes the Government’s indication that by virtue of Regulation No. 2 of Governmental Agreement No. 475-91 of 16 July 1991, the use of white lead and sulphate of lead and all products containing these pigments in the painting of buildings and houses is prohibited. The Committee understands from this indication that the Government apparently does not consider necessary to regulate the issue of employment of minors and women in any painting work of an industrial character involving the use of white or sulphate of lead or other products containing these pigments, as called for by this provision of the Convention. In view of this fact, the Committee however recalls that by virtue of Regulation No. 2 of Government Agreement No. 475-91 of 16 July 1991, the use of white lead in paintings used for the internal painting of buildings is not strictly prohibited, but allowed if considered necessary by the competent authorities for the use in railway stations or industrial establishments. The Committee therefore requests the Government to take the necessary measures to guarantee that minors under 18 years of age and women are not employed in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments, in conformity with Article 3, paragraph 1, of the Convention.

Article 5(II)(a), (b) and (c), in conjunction with Part V of the report form. With regard to the results of inspections carried out to monitor the application of the provisions of the Convention, the Committee notes that the Government does not provide substantive information on the concrete outcome of the inspections carried out, e.g. extracts from inspection reports on infractions detected, etc., but merely provides data on the number of occupational safety and health committees, the number of enterprises visited, the number of workers covered. The Committee therefore requests the Government to supply the information on the results of inspections carried out to enable the Committee to determine the extent to which the Convention indeed is applied in practice in the country.

Article 5(III)(a). The Committee notes the Government’s indication that there does not exist a system of notification for cases of lead poisoning or suspected cases of lead poisoning. However, according to the Government, the investigation in cases of lead poisoning or suspected lead poisoning is ensured by the Guatemalan Social Security Institute, which, through its services, detects the cases of lead poisoning requiring medical treatment. The Committee accordingly requests the Government to indicate the penalties imposed on employers which fail to notify the cases of lead poisoning and to specify the activities of the Guatemalan Social Security Institute that lead to the discovery of cases of lead poisoning or suspected lead poisoning.

Article 5(IV). With regard to the project announced by the Government in its report of 1996, in which framework occupational safety and health standards in enterprises in the metropolitan area and within the country are disseminated as well as the government instructions regarding the special hygienic precautions to be taken in the painting trade, the Government indicates that this project has not been implemented yet for logistical and financial reasons. The Committee hopes that the Government will soon overcome these problems in order to ensure that information and instructions on occupational safety and health standards will be brought to the attention to all workers and employers concerned which is a prerequisite that protective standards applying this provision of the Convention are respected.

Article 6. The Committee notes the Government’s indication that the Guatemalan Social Security Institute and the Minister of Labour and Social Prevention are in charge of the monitoring of the application of the provisions contained in Government Agreement No. 475-91 of 1991. In this respect, the Committee recalls that the provision of Article 6 of the Convention requires consultations between the competent authority, workers’ and employers’ organizations concerned to take the necessary steps ensuring the application of the regulations adopted in application of the provisions of this Convention. The Committee therefore requests the Government to indicate whether, and, if so, in which manner the workers’ and employers’ organizations concerned are consulted on steps to be taken to ensure the application of the above Government Agreement.

Article 7. The Committee notes the Government’s indication that at present no data on the morbidity and the mortality due to lead poisoning are available. In this respect, the Committee refers to its previous comments where it had noted the Government’s indication that contact was made with the Guatemalan Social Security Institute with a view to establish the above statistics on morbidity and mortality due to lead poisoning. The Committee therefore requests the Government to indicate whether it still envisages to charge the Guatemalan Social Security Institute to compile the required statistics. It hopes that the Government will soon take the necessary steps to this effect to ensure that statistics on the morbidity and mortality due to lead poisoning are established, in application of this Article of the Convention.

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

The Committee notes the information supplied in the Government's latest report in reply to its previous comments. It requests the Government to provide additional information on the following points:

Article 1, paragraph 1, of the Convention. In its previous comments, the Committee noted that Regulation No. 2 of Governmental Agreement No. 475-91 of 16 July 1991 concerning the application of the Convention prohibits the use of white lead and sulphate of lead and all products containing these pigments in the painting of buildings and houses. The Committee further noted that this Regulation permits exceptions to be made to this prohibition in the case of railway stations or industrial establishments when the use of such pigments is considered necessary by the competent authority. The Committee recalled that this Article of the Convention allows for such exceptions only after consultation with the employers' and workers' organizations concerned. The Committee notes the Government's statement in its latest report to the effect that, although such consultations have not yet been held, they will take place in the Tripartite Commission on International Affairs. The Committee notes in this respect the information supplied by the Government on the application of Convention No. 144, according to which the Tripartite Commission meets every two weeks with a view to ensuring effective participation by employers' and workers' organizations in the formulation of draft labour legislation and the supervision of its application. The Committee requests the Government to supply information on the exceptions that have been made or are envisaged and the consultations held in this respect.

Article 2. The Committee notes the information provided by the Government in its report to the effect that there are no provisions containing definitions that distinguish between the various forms of painting. Studies are being undertaken with a view to replacing white lead by another product and regulations will be adopted upon the completion of these studies. The Committee requests the Government to provide information on the completion of the above studies and the effect given to them.

Article 3, paragraph 1. The Committee noted previously that section 148 of the Labour Code prohibits the employment of males under 16 years of age and of all females in dangerous or unhealthy work, to be defined by an executive order. The Committee notes that no such order has yet been adopted. Recalling that under the terms of this Article it is prohibited to employ women of any age and men under the age of 18 years in painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments, the Committee requests the Government to indicate the measures that have been taken or are envisaged to guarantee observance of this Article of the Convention.

Article 5(II)(a), (b) and (c). With reference to its previous comments concerning the provision to workers employed in dangerous or unhealthy establishments of washing facilities and the access to these facilities of working painters whose work involves the use of white lead, sulphate of lead or products containing these pigments (Article 5(II)(a) of the Convention), and the wearing of overalls and the obligation to adopt suitable arrangements to prevent clothing put off during working hours from being soiled by painting material (Article 5(II)(b) and (c)), the Committee notes the information provided by the Government in its report to the effect that health and safety inspectors ensure the application of these provisions. With reference also to Part V of the report form, the Committee requests the Government to provide information on the results of these inspections.

The Committee also notes the Government's statement in its report that the Minister will this year embark upon the implementation of a project covering the dissemination of occupational health and safety standards in enterprises in the metropolitan area and within the country. The Committee requests the Government to supply information on the results achieved by this initiative.

Article 5(III)(a). The Committee noted previously that the Guatemalan Social Security Institute is the competent authority responsible for cases of lead poisoning and of suspected lead poisoning. In its last report, the Government states that the Department of Preventive Medicine, in coordination with the Occupational Safety and Health Section of the Ministry, is responsible for the application of this Article. The Committee once again requests the Government to indicate the manner in which cases of lead poisoning and of suspected lead poisoning are notified and are subject to subsequent medical verification by a doctor appointed by the competent authority.

Article 5(IV). With reference to its previous comments concerning the instructions with regard to special hygienic precautions to be taken in the painting trade, the Committee notes that the Government has not been able to ascertain whether such instructions have been distributed, but that the above project for the dissemination of standards will contribute in this respect. The Committee hopes that the Government will supply information on the effect given to the project in this regard.

Article 6. The Committee noted previously that Regulation No. 8 of Governmental Agreement No. 475-91 provides for the supervision by the Ministry of Labour and Social Security of the application of the regulations concerning the use of white lead in painting work and it requested the Government to provide information on the manner in which the employers' and workers' organizations concerned have been or will be consulted on the steps to be taken to ensure observance of the relevant regulations. The Committee notes that the Government refers in this respect to the above-mentioned Tripartite Commission. The Committee hopes that the Government will provide information in its next report on all the measures that have been taken in consultation with employers' and workers' organizations.

Article 7. The Committee notes that the Government has made contact with the Guatemalan Social Security Institute and the National Statistical Institute with a view to the compilation of statistics on morbidity and mortality due to lead poisoning. The Committee hopes that the Government will be in a position to supply these statistics with its next report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided in the Government's last report in reply to its previous comments. The Committee requests the Government to provide additional information on the following points:

Article 1, paragraph 1, of the Convention. In its previous comments, the Committee noted that Regulation 2 of Governmental Agreement No. 475-91 of 16 July 1991, concerning the application of ILO Convention No. 13, prohibits the use of white lead and sulphate of lead and all products containing these pigments in the painting of buildings or houses. The Committee further noted that this regulation permits exceptions to be made to this prohibition in the case of railway stations or industrial establishments when the use of such pigments is considered necessary by the competent authority. The Committee recalled that this Article of the Convention allows for such exceptions only after consultation with the employers' and workers' organizations concerned. Noting the Government's indication in its last report that consultations have not taken place, but that such permitted exceptions are envisaged, the Committee hopes that the Government will indicate the measures taken to ensure that the employers' and workers' organizations are consulted if any such exceptions are made.

Article 3, paragraph 1. The Committee previously noted that section 148 of the Labour Code prohibits the employment of males under 16 years of age and all females in dangerous or unhealthy work, to be defined in an Executive Order. The Committee notes the Government's indication in its last report that no specific regulations concerning the use of white lead have been issued. It therefore requests the Government to indicate whether any decrees have been recently issued to ensure, in particular, that all females and all males under the age of 18 are not employed in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments, as called for by this Article of the Convention.

Article 5.II(a). The Committee previously noted that section 99 of the General Occupational Safety and Health Regulations of 28 December 1957 provides that showers should be provided in the case of operations which, by their special nature, are dangerous to health. The Committee notes the indication in the Government's last report that inspections carried out by the occupational safety and health sections of the Guatemalan Institute of Social Security and the Ministry of Labour and Social Security ensure that adequate washing facilities are provided for workers employed in dangerous or especially unclean undertakings. The Committee would be grateful if the Government would indicate the extent to which working painters using white lead, sulphate of lead and products containing these pigments, etc. in their operations have access to such facilities.

Article 5.II(b) and (c). The Committee would be grateful if the Government would indicate how Article 5.II(b) and (c) (requirement that working painters wear overalls during the whole of the working period; and obligation to make suitable arrangements to prevent clothing removed during working hours from being soiled by painting materials) is applied in practice through inspections or other means.

Article 5.III(a). The Committee notes the indication in the Government's last report that the Guatemalan Social Security Institute is the responsible competent authority handling cases of lead poisoning and suspected lead poisoning. The Committee requests the Government to indicate the manner in which these cases are notified to the competent authority and whether they are subsequently verified by a medical person appointed by the competent authority.

Article 5.IV. The Committee notes that the Government states in its last report that this provision of the Convention is applied through the application of the standards under ILO Convention No. 161 (ratified by Guatemala in 1989), and Governmental Agreement No. 359-91, in force since 16 October 1991, which sets forth the regulations for the application of Convention No. 161, including the requirement that all enterprises with over 25 workers establish an occupational health service within six months of the Agreement's entry into force. The Committee requests the Government to indicate whether any occupational health services established pursuant to Governmental Order No. 359-91, distribute instructions with regard to special hygienic precautions to be taken in the painting trade.

Article 6. The Committee noted in its previous comments that Regulation 8 of Governmental Agreement No. 475-91 provides for the supervision of the application of the Regulations concerning white lead in painting by the Ministry of Labour and Social Security. The Committee recalled that this Article of the Convention provides that the competent authority shall take such steps as it considers necessary to ensure the observance of the prescribed regulations, after consultation with the employers' and workers' organizations concerned. Noting the Government's indication in its last report that, thus far, such consultations have not been envisaged, the Committee hopes that the Government will provide information on the manner in which the employers' and workers' organizations concerned have been or will be consulted on the steps to be taken to ensure observance with the relevant regulations.

Article 7. The Committee reiterates its request to the Government to indicate the statistical methods adopted to determine morbidity and mortality due to lead poisoning, and to furnish any such statistics with its next report.

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 following matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1, of the Convention. The Committee notes that Regulation 2 of the Government Agreement No. 475-91 of 16 July 1991 concerning the application of ILO Convention No. 13 prohibits the use of white lead and sulphate of lead and of all products containing these pigments in the painting of buildings or houses. This regulation permits exceptions to be made to this prohibition in the case of railway stations or industrial establishments when the use of such pigments is considered necessary by the competent authority. The Committee would recall that this Article of the Convention permits for such exceptions only after consultation with the employers' and workers' organizations concerned. The Government is, therefore, requested to indicate the measures taken to ensure that the workers' and employers' organizations be consulted when such exceptions are permitted and to indicate if any such exceptions have already been made.

Article 3, paragraph 1. The Committee notes that section 148 of the Labour Code prohibits the employment of males under 16 years of age and all females in dangerous or unhealthy work to be defined in an Executive Decree. The Committee requests the Government to indicate whether any Decrees have been issued to ensure, in particular, that all females and all males under the age of 18 are not employed in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments, as called for by this Article of the Convention.

Article 5.II(a). The Committee notes that Regulation 5(d) of Government Agreement No. 475-91 calls for the promotion of healthy habits among workers such as daily baths, and washing hands and changing clothes before eating or leaving work. It further notes that section 99 of the General Occupational Safety and Health Regulations of 28 December 1957 provides that showers should be provided in the case of operations which, by their special nature, are dangerous to health. The Government is requested to indicate any measures taken under section 99 to ensure that adequate washing facilities are provided in the case of working painters using white lead, etc in their operations.

Article 5.II(b). The Committee notes that Regulation 5(c) provides that workers shall be provided with the necessary personal protective equipment to avoid direct contact with toxic substances while painting. Under section 94(f) of the General Occupational Safety and Health Regulations, employers must provide workers with special working clothes or equipment where the workers are exposed to a particular danger of disease or injury. Furthermore, the Committee notes that under Regulation 5(f), workers must use the personal protective equipment. The Government is requested to indicate any measures taken to ensure that working painters are required to wear overalls during the whole of the working period, as provided for by this Article of the Convention.

Article 5.II(c). The Committee notes that section 101 of the General Occupational Safety and Health Regulations of 1957 sets standards for cloakrooms for changing clothes. The Government is requested to indicate any measures taken to ensure that suitable arrangements are made for all working painters using white lead to prevent clothing put off during working hours from being soiled by painting material such as providing changing rooms separate from the working area.

Article 5.III.(a). The Committee requests the Government to indicate the measures taken or envisaged to ensure that cases of lead poisoning and suspected lead poisoning are notified to the competent authority and that they are subsequently verified by a medical person appointed by the competent authority, as required by this Article of the Convention.

Article 5.IV. The Government is requested to indicate any measures taken to ensure that instructions with regard to the special hygienic precautions to be taken in the painting trade are distributed to working painters.

Article 6. The Committee notes that Regulation 8 of Government Agreement No. 475-91 provides for the supervision of the application of the Regulations concerning white lead in painting by the Ministry of Labour and Social Security. The Committee would recall that this Article of the Convention provides that the competent authority shall take such steps as it considers necessary to ensure the observance of the prescribed regulations, after consultation with the employers' and workers' organizations concerned. The Government is requested to indicate the manner in which the employers' and workers' organizations concerned were consulted on the steps to be taken to ensure observance with the relevant regulations.

Article 7. The Government is requested to indicate the statistical methods adopted to determine morbidity and mortality due to lead poisoning and to furnish any such statistics with its next report.

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

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

Article 1, paragraph 1, of the Convention. The Committee notes with interest that Regulation 2 of the Government Agreement No. 475-91 of 16 July 1991 concerning the application of ILO Convention No. 13 prohibits the use of white lead and sulphate of lead and of all products containing these pigments in the painting of buildings or houses. This regulation permits exceptions to be made to this prohibition in the case of railway stations or industrial establishments when the use of such pigments is considered necessary by the competent authority. The Committee would recall that this Article of the Convention permits for such exceptions only after consultation with the employers' and workers' organizations concerned. The Government is, therefore, requested to indicate the measures taken to ensure that the workers' and employers' organizations be consulted when such exceptions are permitted and to indicate if any such exceptions have already been made.

Article 3, paragraph 1. The Committee notes that section 148 of the Labour Code prohibits the employment of males under 16 years of age and all females in dangerous or unhealthy work to be defined in an Executive Decree. The Committee requests the Government to indicate whether any Decrees have been issued to ensure, in particular, that all females and all males under the age of 18 are not employed in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments, as called for by this Article of the Convention.

Article 5.II(a). The Committee notes that Regulation 5(d) of Government Agreement No. 475-91 calls for the promotion of healthy habits among workers such as daily baths, and washing hands and changing clothes before eating or leaving work. It further notes that section 99 of the General Occupational Safety and Health Regulations of 28 December 1957 provides that showers should be provided in the case of operations which, by their special nature, are dangerous to health. The Government is requested to indicate any measures taken under section 99 to ensure that adequate washing facilities are provided in the case of working painters using white lead, etc in their operations.

Article 5.II(b). The Committee notes that Regulation 5(c) provides that workers shall be provided with the necessary personal protective equipment to avoid direct contact with toxic substances while painting. Under section 94(f) of the General Occupational Safety and Health Regulations, employers must provide workers with special working clothes or equipment where the workers are exposed to a particular danger of disease or injury. Furthermore, the Committee notes that under Regulation 5(f), workers must use the personal protective equipment. The Government is requested to indicate any measures taken to ensure that working painters are required to wear overalls during the whole of the working period, as provided for by this Article of the Convention.

Article 5.II(c). The Committee notes that section 101 of the General Occupational Safety and Health Regulations of 1957 sets standards for cloakrooms for changing clothes. The Government is requested to indicate any measures taken to ensure that suitable arrangements are made for all working painters using white lead to prevent clothing put off during working hours from being soiled by painting material such as providing changing rooms separate from the working area.

Article 5.III.(a). The Committee requests the Government to indicate the measures taken or envisaged to ensure that cases of lead poisoning and suspected lead poisoning are notified to the competent authority and that they are subsequently verified by a medical person appointed by the competent authority, as required by this Article of the Convention.

Article 5.IV. The Government is requested to indicate any measures taken to ensure that instructions with regard to the special hygienic precautions to be taken in the painting trade are distributed to working painters.

Article 6. The Committee notes that Regulation 8 of Government Agreement No. 475-91 provides for the supervision of the application of the Regulations concerning white lead in painting by the Ministry of Labour and Social Security. The Committee would recall that this Article of the Convention provides that the competent authority shall take such steps as it considers necessary to ensure the observance of the prescribed regulations, after consultation with the employers' and workers' organizations concerned. The Government is requested to indicate the manner in which the employers' and workers' organizations concerned were consulted on the steps to be taken to ensure observance with the relevant regulations.

Article 7. The Government is requested to indicate the statistical methods adopted to determine morbidity and mortality due to lead poisoning and to furnish any such statistics with its next report.