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

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

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.