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

Maximum Weight Convention, 1967 (No. 127) - Guatemala (Ratification: 1983)

Articles 3 and 7 of the Convention. Maximum weight of loads transported by an adult worker. With reference to its previous comments, the Committee notes with interest the adoption of Government Decision No. 229–2014, containing the new Regulations on occupational safety and health, and particularly the provisions respecting the manual handling of loads (sections 87–92) of the Regulations, which give effect to Articles 3 and 7 of the Convention.

Article 5. Measures to ensure that workers receive adequate training or instruction in working techniques with a view to safeguarding health and preventing accidents. In its previous comments, the Committee requested the Government to provide information on the form of the training and instruction that is given to workers before they are assigned to work involving the manual transport of loads, including information on the recommendations of the Guatemalan Social Security Institute (IGSS). The Committee notes section 91 of the Government Decision referred to above, under which men and women workers shall be trained in the application of the kinetic method, and section 197(h) of the Labour Code, which establishes the requirement for employers to engage in regular training activities for workers on safety and hygiene. The Committee also notes the information provided by the Government in its report that the tools used to inform workers are: (1) internal work rules approved by the General Labour Inspectorate; and (2) enterprise rules on occupational safety and hygiene, with the technical assistance of the inspectors of the Occupational Safety Department of the Directorate of Social Welfare and the IGSS. The Committee requests the Government to provide information on the training provided to workers before they are assigned to work involving the manual transport of loads.

Article 7. Young workers. The Committee notes that section 90(1) of Government Decision No. 229-2014 raises the minimum age from 13 to 16 years for the manual handling of loads under special conditions which do not represent a danger for the physical and mental health and overall development of the worker, in accordance with Paragraph 21 of Maximum Weight Recommendation, 1967 (No. 128). The Committee also notes section 7(c) of Government Decision No. 250-2006, which prohibits work involving the manual transport of loads for persons under 18 years of age. The Committee draws the Government’s attention to the guidance contained in Paragraph 22 of Recommendation No. 128, according to which the minimum age for assignment to the regular manual transport of loads should be raised with a view to attaining a minimum age of 18 years. The Committee requests the Government to indicate whether it plans to adopt measures to harmonize the provisions of Government Decision No. 229-2014 with those of Government Decision No. 250-2006 with a view to raising the minimum age for employment on the regular manual transport of loads to 18 years.