Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Guatemala (Ratification: 1996)

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

Legislation. The Committee notes the adoption of Government Decision No. 229-2014, containing the new Regulations on occupational safety and health (the Regulations), and particularly the provisions respecting air pollution (sections 169–181), noise (sections 182–193) and vibration (sections 194–200).

Article 3 of the Convention. Definition of the three types of risk regulated by the Convention. The Committee notes that the Regulations do not contain definitions of the three types of risk covered by the Convention. The Committee requests the Government to indicate the manner in which the three types of risks covered by the Convention are defined in national legislation.

Article 6(2). Responsibilities whenever two or more employers undertake activities simultaneously at one workplace. The Committee notes the Government’s reference in its report to section 10 of the Regulations and section 57 of the Labour Code, which set out the duties of joint occupational safety and health committees. The Committee recalls that this Article of the Convention refers to the requirement for employers to collaborate. The Committee requests the Government to indicate the manner in which the collaboration of employers is ensured whenever they undertake activities simultaneously in the same workplace.

Article 8(1). Exposure limits to vibration. The Committee notes that the Regulations do not contain provisions establishing exposure limits to vibration. The Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention.

Article 8(2). Consultation of technically competent persons designated by employers’ and workers’ organizations. Article 12. Notification requirements. The Committee notes that the report does not provide the requested information on these subjects and it once again asks the Government to provide information on the effect given to these Articles of the Convention.

Article 8(3). Revision of exposure limits. The Committee notes that the Regulations do not contain provisions on the revision at regular intervals of the exposure limits to the hazards covered by the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to this Article of the Convention.

Article 10. Prohibition on requiring workers to work without personal protective equipment. The Committee notes that the Regulations contain many provisions on the personal protective equipment that each worker shall have (Title V). Nevertheless, the Regulations do not contain a provision explicitly prohibiting employers from requiring a worker to work without personal protective equipment. The Committee requests the Government to indicate the manner in which effect is given to this Article of the Convention.

Article 11(1) and (2). Medical examinations free of charge prior to employment. The Committee notes that sections 191 and 200 of the Regulations provide for regular medical examinations in work involving exposure to noise and vibration. Nevertheless, there is no reference to free medical examinations prior to employment. The Committee requests the Government to indicate the manner in which effect is given to this Article of the Convention.

Article 11(3). Provision of alternative employment or other measures adopted to maintain income where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable. The Committee notes the information provided by the Government on cases of reassignment that have occurred when, by reason of an accident or occupational disease, workers cannot continue to perform the same work or activity. It also provided information on the daily benefit set out in the Regulations on protection relating to illness and maternity Decision No. 910. The Committee once again draws the Government’s attention to the fact that this Article refers specifically to the continued assignment to a job involving exposure to air pollution, noise or vibration, and that it is related to the medical examinations referred to in this Article. The Committee requests the Government to ensure the application of this Article of the Convention and to provide information on the manner in which it is given effect in practice.

Article 11(4). Maintenance of the rights of workers under social security or social insurance legislation. The Committee notes the information provided by the Government that the coverage of the social protection scheme has been extended and that the Guatemalan Social Security Institute (IGSS) has increased measures to control compliance with the requirement to register with the social security. The Committee requests the Government to indicate the manner in which it is ensured that the measures adopted to give effect to the Convention do not prejudice the rights of workers set out in the social security or social insurance legislation.

Article 15. Requirement for the employer to appoint a competent person or to use a competent outside service. The Committee notes the Government’s indication that each employer is free to recruit suitable personnel with responsibility for internal occupational safety and health checks and that the Department of Occupational Safety and Health of the Ministry of Labour and the IGSS have technical personnel who can provide guidance to employers on the implementation of occupational safety and health measures. The Committee requests the Government to indicate the manner in which effect is given to this provision of the Convention.

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

Laws and regulations and the Plan of Action (2010–16). Noting that once again the new Occupational Safety and Health Regulations have not yet been adopted, the Committee reminds the Government that technical assistance is available. It refers it to its 2011 observation on the Safety and Health in Construction Convention, 1988 (No. 167), and requests the Government to provide information on any need for technical assistance to overcome the obstacles to the adoption of the new Regulations.

Article 3 of the Convention. Definition of the three types of risk regulated by the Convention. The Committee welcomes the information provided by the Government indicating that the draft Regulations contain the definitions and base limits based on the standard of the Occupational Safety and Health Administration of the Department of Labour of the United States (OSHA). The Committee requests the Government to make all the necessary efforts for the adoption of the draft Regulations and to provide information on this subject.

Article 5(1)–(3). Consultations with employers’ and workers’ representatives. Article 5(4). Right of employers’ and workers’ representatives to accompany labour inspectors. Article 7(2). Right of workers’ representatives to present proposals, obtain information and appeal to appropriate bodies. The Committee notes the information provided by the Government in reply to its questions concerning these Articles of the Convention and it requests it to continue providing information on this subject with details of the consultations held and their outcome.

Article 9. Technical and organizational measures to prevent exposure to air pollution, noise and vibration. The Committee notes the information provided by the Government and requests it to continue providing information on this subject.

Article 10. Prohibition on requiring workers to work without personal protective equipment. The Committee notes that, according to the Government, the draft Occupational Safety and Health Regulations prohibit workers from being required to work without personal protective equipment. The Committee notes that this information refers to draft Regulations which have not yet been adopted. Until they are adopted, the Committee requests the Government to ensure the application of this Article of the Convention and to provide information on the manner in which effective guarantees are provided for its application during the period covered by the corresponding report.

Article 11(1) and (2). Medical examinations free of charge prior to and during employment. The Committee requests the Government to provide information on the manner in which effect is given to this provision of the Convention.

Article 11(3). Provision of alternative employment or other measures adopted to maintain income where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable. The Committee notes that, according to the Government, 173 changes of jobs were undertaken in 2009 in cases where, for reasons of employment accidents or occupational diseases, it was not possible to continue in the same job or activity. It also provides information on a daily allowance established by the Regulations on protection in the event of illness and maternity. The Committee points out to the Government that this provision refers specifically to continued assignment to work involving exposure to air pollution, noise or vibration and that it is related to the medical examinations referred to in this Article. The Committee requests the Government to ensure the application of this Article of the Convention and to provide information on the manner in which effective guarantees are provided of its application during the period covered by the corresponding report.

Article 11(4). Maintenance of the rights of workers as envisaged in the social security or social insurance legislation. The Committee notes that the Government has not provided information on this subject and once again requests it to provide such information.

Article 6(2). Collaboration between employers undertaking activities simultaneously at one workplace. Article 8(2) and (3). Consultation of technically competent persons designated by employers’ and workers’ organizations; regular revision of exposure limits. Article 12. Notification requirements. Article 14. Research in the field of hazard prevention and control. Article 15. Requirement for the employer to appoint a competent person or use a competent service. The Committee notes that the report does not contain the information requested on these subjects and once again asks the Government to provide information on the effect given to these Articles of the Convention.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government, and in particular notes that the Ministry of Labour and Social Insurance, with the support of the National Development Foundation, is executing the Project for the Sustainable Development for Occupational Safety and Health in Central America and the Dominican Republic (PRODESSO), through the Government of Canada, with the objective of strengthening the training of labour inspectors and occupational safety and health technicians. It also notes the inspections carried out and the recommendations issued in relation to noise limits and the improvement of the working environment. The Committee requests the Government to continue providing information on this subject.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its reports. It would be grateful if the Government would provide additional information on the following points.

2.  Article 5, paragraphs 1–3, of the Convention. Consultations with employers’ and workers’ representatives. The Committee notes from the Government’s reports that the specific consultations prescribed in these paragraphs have not been held, but that the activities of the Tripartite Committee on the International Labour Affairs would also be relevant in this context. The Committee notes that the competence and actual measures taken by the Tripartite Committee on the International Labour Affairs in matters relevant for the application of this Article of the Convention is not clear. The Committee requests the Government to provide additional information on the measures taken, in law and practice, to give effect to the provisions of this Article.  

3. Article 5, paragraph 4. Right for employers’ and workers’ representatives to accompany labour inspectors. The Committee notes that the Government’s reports are silent on this issue. It also notes that section 13 of the General Regulations on Occupational Safety and Health of 28 December 1957 (OSH Regulations) regulates the obligation imposed on employers in relation to labour inspection, but that the rights prescribed in this paragraph of Article 5 are not regulated there. The Committee requests the Government to provide additional information on the measures taken, in law and practice, to give effect to the provisions of this Article.

4. Article 7, paragraph 2. Workers’ representatives’ right to present proposals, to obtain information and to appeal to appropriate bodies. The Committee notes that section 5 of the OSH Regulations only refers to the employer’s obligation to train its personnel. The Government also states that OSH committees and trade unions are representative organisms and that workers can present proposals to them and obtain information through them. The Government adds that through these means workers have the possibility to resort to the Ministry of Labour or the Guatemalan Institute of Social Security to ensure protection. The Government is requested to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

5. Article 9. Technical and organizational measures to prevent exposure to air, noise and vibration. The Committee notes that the Government in one of its reports refers to action taken by the Guatemalan Institute of Social Security according to section 12 of the Accidents Protection Regulations, without further specifications. As this legislation is not available to the Committee, the Government is requested to submit a copy of the Accidents Protection Regulations and provide information on all measures taken in practice to give effect to this Article of the Convention.

6. Article 10. Prohibition against work without personal protective equipment. The Committee notes that the Government’s reports are silent on this question. The Government is requested to indicate the measures taken, in law and practice, to ensure that employers are prohibited from requiring a worker to work without personal protective equipment as required by this Article of the Convention.

7. Article 11, paragraphs 2–4. Medical examinations at no cost for workers; Provision of alternative employment; and Maintenance of workers’ rights under social security and social insurance legislation. The Committee notes the Government’s statement that the Guatemalan Institute of Social Security examines and evaluates the question of relocation of workers where their further exposure is medically contraindicated. The Government adds that the right to receive benefits under the social security system is without cost for the worker. The Government is requested to indicate the legislative provisions giving full effect to these provisions of the Convention.  

8. The Committee notes that the reports and available legislation are silent with regard to the application of the following provisions of the Convention. Article 3. Definitions of the three types of hazards regulated in the Convention; Article 6, paragraph 2. Collaboration between several employers undertaking activities simultaneously at one workplace; Article 8, paragraphs 2–3. Consultations with technically competent persons designated by employers’ and workers’ organizations; Regular review of the exposure limits; Article 12. Notification requirements; Article 14. Research on prevention and control of hazards; and Article 15. Employer’s obligation to appoint a competent person or use competent service. The Committee requests the Government to provide additional information on the measures taken, in law and practice, to give effect to the preceding provisions of the Convention.

9. Part IV of the report form. Application in practice. Please provide a general appreciation of the manner in which the Convention is applied in your country, including, for instance, extracts from the reports of inspection services, and, if such statistics are available, information on the number of employed persons covered by the relevant legislation and other measures, the number and nature of contraventions reported, etc.