ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Display in: French - Spanish

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine the application of Conventions Nos 13 (white lead, paint), 127 (maximum weight), 148 (air pollution, noise and vibration), 161 (occupational health services) and 167 (safety and health in construction) together in a single comment.
Legislative developments. The Committee notes the information provided by the Government in its various reports on the amendments made in 2016 and 2022 to the Occupational Safety and Health Regulations (OSH Regulations), adopted by Government Decision No. 229-2014, and the adoption of the new Regulations on the establishment, organization and operation of joint OSH committees, approved by Ministerial Decision No. 486-2023 (the joint OSH committees Regulations). Taking into account the wording of the above amendments (Government Decisions Nos 33-2016 and 57-2022) and the information provided by the Government in its report on the Occupational Health Services Convention, 1985 (No. 161), the Committee observes that: (i) the OSH Regulations were revised with a view to updating their provisions and aligning them with the current situation in the country; (ii) the 2016 reforms were adopted at the initiative of the Government, employers and workers, who came together for that purpose in a dialogue forum; and (iii) the 2022 reforms, relating among other matters to occupational health services, were included through tripartite social dialogue in the National Occupational Safety and Health Council (CONASSO). The Committee also notes that, in accordance with the new wording of sections 1, 2 and 13, the OSH Regulations are applicable to workers who are present in a workplace, irrespective of whether they are for public or private entities, in which they perform industrial, agricultural, commercial of any other kind of work. The Committee notes that the restrictions have been removed from sections 1 and 13 which placed conditions on the application of the OSH Regulations in the public sector and excluded certain workplaces from their scope.

General provisions

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government in reply to its previous comment concerning the technical assistance provided by the ILO (follow-up activities to the Declaration of Intent signed in 2014 with the National Congress).
Articles 2 and 4 of the Convention. Coherent national policy on occupational health services in consultation with the most representative employers’ and workers’ organizations. Measures to give effect to the Convention. With reference to its previous comment, the Committee notes the Government’s indication that, through tripartite social dialogue in the CONASSO, health services at the workplace have been included in the OSH Regulations through the 2022 legislative amendments. The Committee notes that, in its report on the White Lead (Painting) Convention, 1921 (No. 13), the Government adds that these reforms seek to strengthen preventive health services in the workplace, and the prevention of work-related risks, through the constant updating of the plan for the prevention of occupational risks and the establishment of joint OSH committees in public and private enterprises. The Committee also notes that section 301 of the OSH Regulations, as amended, provide that occupational health services have a preventive purpose (and as such supplement curative or reactive medical services) and are intended to maintain the working environment safe and healthy. The Committee takes due note of the information provided by the Government and requests it to refer to the comments made on Articles 5, 7, 8 and 9 of the Convention on the functions, organization and operating conditions of occupational health services, the general principles of which make up the national policy on occupational health services.
Articles 3 and 7. Progressive development of occupational health services for all workers. Organization of occupational health services. In relation to its previous comment on Article 3 of the Convention, the Committee refers to its comments above on the extension of the scope of application of the OSH Regulations following their amendment in 2016 and 2022. Similarly, with reference to its previous comment on Article 7 of the Convention, the Committee notes the Government’s indication that, under the terms of new section 302 of the OSH Regulations, all employers are required to install a monitor responsible for managing the prevention of occupational risks in workplaces, who represents the employer and is a member of joint OSH committees (which exist in workplaces with ten or more workers). On this basis, and the information on the functions of occupational health services, which is noted below, the Committee observes that these services appear to be organized jointly by employers, the Ministry of Labour and Social Insurance (MTPS) and the Guatemalan Social Security Institute (IGSS).
The Committee also notes that new section 303 of the OSH Regulations provides that health services established at workplaces shall operate in relation to two levels of care, the second of which can only be provided by physicians with competence in OSH, and specifies that in workplaces where a physician is present, the latter may provide the two levels of care. In this respect, the Committee observes that this provision of the Regulations does not provide for the possibility that certain workplaces (under certain conditions) may come together in groups or communities with a physician for the group. Moreover, the Committee notes that the requirement has been removed from section 302 of the OSH Regulations, as amended, for the presence of a physician during working hours in workplaces with over 100 workers. Having noted these legislative amendments, the Committee requests the Government to: (i) indicate whether the functions of occupational health services are organized solely as services for a single enterprise or whether they can be organized as of joint services for several enterprises; and (ii) provide information on the manner in which the two levels of care provided by health services, referred to in section 303 of the OSH Regulations, are implemented and operate in practice in workplaces, specifying how many of them have the services of a physician and the arrangements and conditions under which the physician provides services.
Article 5. Functions that are adequate and appropriate to the occupational risks of the enterprise. The Committee notes that, with reference to its previous comment, the Government indicates that the MTPS and the IGSS are the bodies responsible for the functions of the health services set out in Article 5 of the Convention. With reference to clauses (c), (e) and (h) of this Article of the Convention, the Committee notes that, in accordance with the OSH Regulations, the MTPE and the IGSS are required to: (i) provide advice and make appropriate recommendations to prevent or reduce risks affecting workers in workplaces or positions (section 12(a); and (ii) provide technical assistance on OSH to public and private establishments; inform and instruct employers and workers on measures for the prevention of occupational accidents and diseases; and prepare reports and recommendations on compliance with OHS legislation in workplaces (section 12(e) to (g)). The Committee also notes that, according to the information provided by the Government, the IGSS is required to provide to workers, in the event of accidents, protection which includes rehabilitation benefits and when a worker undergoing rehabilitation is authorized to return to work, the employer is required to restore the worker to the former work position or assign the worker to an occupation compatible with the residual capacity for work (sections 15, 19 and 20 of Decision No. 1002, Regulations on accident protection).
With reference to clauses (a) and (i) of Article 5 of the Convention, the Committee notes that new section 302 of the OSH Regulations provides that employers shall have a plan for the prevention of occupational risks (if they have fewer than ten workers) or an OSH plan (in the case of employers with ten or more workers). Section 302 also provides that the section of the OSH plan that addresses occupational health shall be drawn up and signed by a competent physician, who may also draw up and sign the part addressing occupational safety if the physician fulfils the requirements set out in the legislation (if not, the second part must be under the responsibility of a person who is competent). In this regard, the Committee notes that OSH plans have to include as a minimum a profile of the job and the associated risks, an epidemiological surveillance system for occupational diseases and the occurrence of employment accidents, and the programming and methodology for information, training and the promotion of measures to prevent occupational accidents and diseases, taking as a reference the risk factors described in the job profile, as well as for reassignment to work, without prejudicing labour rights. In the light of the above, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that occupational health services established in workplaces (without prejudice to the responsibility of each employer) have the following functions: (i) surveillance of the factors in the working environment and working practices which may affect workers’ health, including sanitary installations, canteens and housing where these facilities are provided by the employer (Article 5(b)); (ii) participation in the development of programmes for the improvement of working practices, as well as testing and evaluation of health aspects of new equipment (Article 5(d)); (iii) surveillance of workers’ health in relation to work (Article 5(f)); (v) promoting the adaptation of work to the worker (Article 5(g)); (vi) organizing of first aid and emergency treatment (Article 5(j)); and (vii) participation in analysis of occupational accidents and occupational diseases (Article 5(k)).
Articles 9 and 10. Conditions of operation of health services. The Committee notes that the OSH Regulations provide that the MTPS and the IGSS, in coordination, shall act in harmony with the action taken by other competent departments and directorates for the prevention of occupational risks, maintain relations with national and international bodies on OSH matters; and issue reports and opinions at the request of other authorities or bodies in relation to the prevention of occupational risks (sections 11(c) and (d) and 12(b)).
The Committee also notes that, in accordance with the OSH Regulations: (i) the OSH monitor proposed for each employer shall be responsible for the follow up and implementation of the plan for the prevention of occupational risks or the OSH plan (depending on the number of workers), have competence in the subject, be trained by an accredited institution and have a profile determined with regard to the economic activity of the workplace and the risks of the jobs (section 302); (ii) the second level of health services in workplaces can only be provided by physicians who are competent in OSH (section 303); and (iii) the part of the OSH plan (for employers with ten or more workers) on occupational health has to be drawn up and signed by a physician who is competent in the subject, who must also have duly accredited technical and academic knowledge, membership of an active professional association and be registered with the OSH department of the MTPS; the physician may also draw up and sign the part of the plan on occupational safety if she or he has the competence and the authorization of the department, or if not the second part must be the responsibility of a person who is competent in the subject, whose knowledge must be accredited and who must be registered with the above department (section 302). The Committee requests the Government to indicate the manner in which it is guaranteed that the personnel of occupational health services, including the OSH monitor and physician, fulfil their functions in cooperation with the other services in the enterprise and enjoy full professional independence.
Application in practice. The Committee notes that, in reply to its previous comment, the Government indicates that, under the terms of Ministerial Decision No. 191-2010, employers are required to register and notify the OSH department of the MTPS of employment accidents and occupational diseases that occur at the workplace. The Government reiterates that that it still does not have an (updated) official national list of occupational diseases and that the CONASSO is responsible for the development of a project in this regard. The Government adds that the General Labour Inspectorate (IGT) registers employment accidents on the basis of its normal monitoring and the complaints received and that the IGT cannot consider a disease to be occupational as the official national list has not been adopted. The Government also indicates that the IGT did not receive denunciations of employment accidents prior to 2022 or of occupational diseases between 2017 and 2023. The Government also emphasizes that 205 OSH plans were registered in 2022 alone. The Committee requests the Government to provide information on the specific measures adopted for the establishment of an updated list of occupational diseases. The Committee also requests the Government to refer to the comments that it is making in its direct request on the application of Article 14 of the Labour Inspection Convention, 1947 (No. 81), and Article 19(1) of the Labour Inspection (Agriculture) Convention, 1969 (No. 129) (notification to the labour inspection services of industrial accidents and cases of occupational disease).

Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

Articles 1, 2 and 5 of the Convention. Prohibition of the use of white lead, sulphate of lead and all products containing these pigments. Regulation of its use in work where it is not prohibited. The Committee notes that, according to the information provided by the Government in reply to its previous comment, the CONASSO, a tripartite body, indicates that the OSH Regulations set out the basic principles contained in the Convention and that their provisions on hazardous substances and products (including sections 201 to 209) are applicable to white lead. The Committee also notes that, according to the Government, at its meeting on 14 June 2023, the CONASSO decided by consensus to review, study and analyse the subject of white lead and decided to include it on its agenda for the purpose of avoiding any risk of accidents or diseases caused by its handling, transport or storage. In the light of the above, the Committee requests the Government to indicate any progress achieved in the context of the discussions held in the CONASSO on the use of white lead, sulphate of lead and any other products containing these pigments. The Committee also requests the Government to provide information on the activities in which, in the painting industry at the national level, white lead, sulphate of lead and any other products containing these pigments are still used.
Article 7. Compilation of statistics on lead poisoning. Application in practice. With reference to its previous comment, the Committee notes the Government’s indication that the OSH department of the MTPS does not have a record of cases that have been registered, declared or are presumed to be lead poisoning and that the Ministry of Public Health and Social Assistance dealt with two cases of patients (one of them a minor) diagnosed with lead poisoning in 2015 and 2023. The Committee requests the Government to continue providing information on registered or declared cases of lead poisoning, including fatalities, to the MTPS (through the OSH department and/or the IGT) and the Ministry of Public Health and Social Assistance and to indicate whether the cases concern working painters and whether, in general, they are occupational in origin. The Committee also requests it to provide information on the follow-up measures adopted by the competent authorities in relation to the cases of lead poisoning identified.

Maximum Weight Convention, 1967 (No. 127)

The Committee notes the information provided by the Government in reply to its previous comment on Article 5 (measures to ensure that workers receive adequate training in working techniques) of the Convention.
Articles 3, 4, 6 and 7 of the Convention. Maximum weight of loads transported by an adult worker. Young workers. Conditions in which the work is to be performed and use of suitable technical devices. With reference to its previous comment, the Committee notes with interest that, as amended, section 90 of the OSH Regulations raises to 18 years the minimum age for the manual transport of loads. The Committee also notes that this section reduces the maximum weight of loads for adults, sets limits to the weight of manual loads transported during the working day and in relation to the distances covered, and sets out the manner in which workers shall handle the loads.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in reply to its previous comment on Articles 3 (definitions) and 10 (prohibition on requiring workers to work without personal protective equipment) of the Convention.
Article 6(2) of the Convention. Responsibilities whenever two or more employers undertake activities simultaneously at one workplace.The Committee requests the Government to refer to its comments below on the application of Article 8 (and particularly paragraph 1(a) and (c)) of the Safety and Health in Construction Convention, 1988 (No. 167) (coordination whenever two or more employers or self-employed workers undertake activities simultaneously at one site).
Article 8. Revision and specification of exposure limits. Consultation of technically competent persons. The Committee notes that, according to the Government’s indications, the CONASSO has agreed to submit to social dialogue the review of the subjects raised by the Committee in its comments on the application of this Article of the Convention, including the absence of exposure limits to vibration. The Committee requests the Government to indicate any progress achieved in this regard in the discussions in the CONASSO and invites it to draw the attention of this tripartite body to all the provisions of this Article of the Convention.
Exposure limits to noise. The Committee also notes that, following their amendment in 2016, sections 182, 187, 188 and 189 of the OSH Regulations set new exposure limits to noise, prohibiting exposure in workplaces to peak sound levels equal to or higher than 140 decibels (dB) with a C-weighting and establishing a limit of 85 dB with an A-weighting for a work shift of eight hours. In the latter case, if the decibels rise, the time limit for exposure is reduced and the exposure of workers without protective hearing equipment is prohibited.
Article 11. Medical examinations free of charge prior to employment. Alternative employment or other measures adopted to maintain income. Maintenance of the rights of workers under social security or social insurance legislation. With reference to its previous comments, the Committee notes that the Government refers to sections 303 and 302 of the OSH Regulations which, as amended, provide respectively that: (i) health services in workplaces shall provide two levels of care, the second of which may only be provided by physicians and includes medical examinations prior to employment and the medical surveillance of workers, and the management of their reassignment (in accordance with their capacities) on the basis of a medical assessment following an accident or the diagnosis of a disease without affecting their labour rights; and (ii) OSH plans (which must be adopted by employers with ten or more workers) have to include as a minimum the programming and methodology for reassignment without prejudice to labour rights. The Committee notes the Government’s indication that, under the terms of Decision No. 1529 of the Executive Board of the IGSS, approved by Government Decision No. 9-2023, all employers are required to register their workers with the social security system and they are therefore covered by the benefits provided by the IGSS. The Committee takes due note of this information and requests the Government to indicate the measures adopted or envisaged to ensure that: (i) the surveillance of the health of workers does not involve any costs for them (Article 11(2) of the Convention); and (ii) where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, measures shall be adopted to provide the worker concerned with suitable alternative employment or to maintain their income through social security measures or otherwise, including in cases in which such exposure does not have its origins in an accident or has not yet led to emergence of a disease, as indicated in section 303 of the OSH Regulations (Article 11(3) of the Convention). The Committee also requests the Government to refer to the comments that it is making above on the application of Article 7 of the Occupational Health Services Convention, 1985 (No. 161) on organization of occupational health services.
Article 12. Requirement of notification. In view of the Government’s indication that this subject will also be reviewed by the CONASSO, the Committee requests it to indicate any progress achieved in this respect. The Committee also invites the Government to draw the attention of this tripartite body to this Article of the Convention, which provides that the use of processes, substances, machinery and equipment, to be specified by the competent authority, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, shall be notified to the competent authority which may, as appropriate, authorize the use on prescribed conditions or prohibit it.
Article 15. Requirement for the employer to appoint a competent person or to use a competent outside service. The Committee notes that, in reply to its previous comments, the Government refers to the requirement for all employers to have a responsible OSH monitor (trained by an accredited institution), as set out in section 302 of the OSH Regulations, as it noted in its comments on Convention No. 161 on occupational health services. The Committee further notes that this provision also provides that OSH plans (for employers with ten or more workers) must be drawn up and signed by a physician or by other competent persons who are duly accredited. The Committee notes this information which addresses its previous request.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in reply to its previous comment on the relevant legislative developments and on Article 4 (laws and regulations adopted on the basis of an assessment of the safety and health hazards) and Article 9 (safety and health of workers in the design and planning of a construction project) of the Convention.
Article 8 of the Convention. Cooperation whenever two or more employers or self-employed workers undertake activities simultaneously at one contraction site. With reference to its previous comments, and particularly in relation to Article 8(1)(c) of the Convention, the Committee notes that section 4 of the OSH Regulations, as amended, provides that all employers, or their representative, intermediary, supplier, contractor or subcontractor, and third party enterprises, are required to adopt or apply OSH measures at workplaces to protect the life, health and safety of their workers.
The Committee notes, also in relation to its previous comments that the Government refers to the provisions of the OSH Regulations respecting OSH plans in construction works, and provisions of the Regulations on joint OSH committees in relation to the types of committees, joint solidarity between the enterprise that receives the services and intermediary, contracting or subcontracting enterprises and the possibility for those responsible for the OSH plans in the latter enterprises to be invited to join the existing OSH committee in the enterprise where the services are being provided. The Committee however notes that these provisions do not give effect to the requirements of Article 8(1)(a) and (b) and (2) of the Convention. The Committee requests the Government to indicate whether measures exist or it is planned to adopt measures, including legislative measures, to ensure that whenever two or more employers undertake activities simultaneously at one construction site: (i) the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, shall be responsible for coordinating the prescribed safety and health measures (Article 8(1)(a) of the Convention); and (ii) where the principal contractor, or other contractors, are not present at the site, a competent person or body at the site shall be nominated with the authority and the means necessary to ensure on behalf of the principal contractor, coordination and compliance with the prescribed safety and health measures (Article 8(1)(b) of the Convention). The Committee also requests the Government to provide information on the manner in which effect is given to Article 8(2) of the Convention, with an indication of whether laws or regulations have been adopted which prescribe that whenever employers of self-employed persons undertake activities simultaneously at one construction site they shall have the duty to cooperate in the application of the prescribed safety and health measures.
Article 12(2). Obligation of the employer to stop the operation and evacuate workers. The Committee notes that, in reply to its previous comment, the Government refers to the powers conferred by section 281(4) of the Labour Code on labour inspectors to order the stoppage or the immediate prohibition of work or operations due to failure to comply with the rules on the prevention of occupational risks, in the event of a serious or imminent risk to the safety and health of workers. The Committee recalls that this Article of the Convention does not refer to the powers of the Government authorities, but to the obligations of the employer in the event of an imminent risk to the safety of workers. The Committee requests the Government to provide information on the measures adopted or envisaged, in law or practice, to ensure that where there is an imminent risk to the safety of workers, the employer shall take immediate steps to stop the operation and evacuate workers as appropriate.
Article 20. Cofferdams and caissons. With reference to its previous comment, the Committee notes that the Government only refers to the provisions of the OSH Regulations respecting the storage and handling of pressurized cylinders and that it provides information on OSH inspection activities carried out by the IGT and the OSH department of the MTPS in construction sites between 2015 and May 2023. The Committee, therefore, requests the Government to indicate whether measures have been adopted or are envisaged, in accordance with Article 20 of the Convention, to ensure that: (i) cofferdams and caissons are of good construction and suitable and sound material and of adequate strength, and are provided with adequate measures for workers to reach safety in the event of an inrush of water or material; (ii) the construction, positioning, modification or dismantling of a cofferdam or caisson takes place only under the immediate supervision of a competent person; and (iii) every cofferdam and caisson shall be inspected by a competent person at prescribed intervals.
Article 21. Work in compressed air. With reference to its previous comment, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that work in compressed air is carried out only: (i) in accordance with measures prescribed by national laws or regulations; and (ii) by workers whose physical aptitude for such work has been established by a medical examination and when a competent person is present to supervise the conduct of the operations.
Article 22. Structural frames and formwork. With reference to its previous comment, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that: (i) the erection of structural frames and components, formwork, falsework and shoring is carried out only under the supervision of a competent person; (ii) adequate precautions have to be taken to guard against danger to workers arising from any temporary state of weakness or instability of a structure; and (iii) formwork, falsework and shoring are so designed, constructed and maintained that it will safely support all loads that may be imposed on it.
Articles 24(b) and 27(b). Demolition, explosives and competent persons. The Committee notes that, in reply to its previous comment, the Government indicates that it has not yet adopted legislation that is in force on demolition and explosives respecting the definition of the “competent person” referred to in Article 2(f) of the Convention. The Government adds that the CONASSO, at its meeting on 14 June 2023, decided by consensus to review, study and analyse this subject and include it in its work agenda. The Committee requests the Government to keep it informed of any progress made in the discussions held in the CONASSO on the inclusion in the legislation on demolition work and explosives (sections 153 to 156 of the OSH Regulations) of the intervention of a competent person in the specific activities and under the conditions set out in these Articles of the Convention.

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

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.
Article 1 of the Convention. Services entrusted with essentially preventive functions and responsible for advising the employer, the workers and their representatives. Article 7. Organization of occupational health services. The Committee notes the Government’s indication that the Guatemalan Social Security Institute (IGSS), through its team of 60 inspectors, 23 safety and hygiene officers and 30 health officers, undertakes evaluations of working and environmental conditions in the various undertakings affiliated to the IGSS, either at the request of the undertaking or according to its own schedule. It also notes the other activities indicated in the Government’s report, such as investigation of occupational accidents, relocation of workers, approval of premises, and training. It is the Committee’s understanding that the only occupational health services in Guatemala are provided by the IGSS. Referring to the various forms of organization of occupational health services provided for in Article 7 of the Convention, the Committee requests the Government to indicate whether the only occupational health services in Guatemala are indeed provided by the IGSS and, if there are other forms in which these services are organized – for example, for major undertakings, maquiladoras (export processing) sector enterprises or individual branches of activity (such as mining, agriculture or construction) – to send detailed information in this respect.
Article 5(a)–(k). Functions as are adequate and appropriate to the occupational risks of the undertaking. The Committee notes the Government’s information concerning the functions discharged by the IGSS. However, it would appear from the Government’s description that, although the functions of the IGSS are extensive, in practice they focus on inspection and rehabilitation. The Committee requests the Government to indicate in what type of undertakings and in what manner the IGSS discharges the functions of risk identification and assessment (Article 5(a) of the Convention) and in what manner it participates in the analysis of occupational accidents and occupational diseases (Article 5(k)).

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations from the General Confederation of Workers of Guatemala (CGTG), which were received on 3 September 2014. The Committee requests the Government to provide its comments in this respect.
Articles 2 and 4 of the Convention. Coherent national policy on occupational health services in consultation with the most representative employers’ and workers’ organizations. Measures. In its previous comments, the Committee noted that the national policy on occupational health, hygiene and safety was under discussion in the National Congress. The Committee notes the Government’s statement in its report that no occupational safety and health (OSH) policy exists, nor are there any adequate and coordinated regulations on OSH, nor even a technical standard for workers in construction, even though this is globally recognized to be a high-risk industry because of the nature of its work. The Committee therefore requests 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 and to give effect to the Convention, in accordance with Article 4 of the Convention. The Committee requests the Government to keep it informed of any developments in this respect.
Article 3(1) and (2). Progressive development of occupational health services for all workers. The Committee observes that the Government has not sent the requested information on the application of this Article of the Convention. The Committee requests the Government to provide information on the measures taken or contemplated, in consultation with the most representative organizations of workers and employers, to develop progressively occupational health services for all workers, including those in the public sector and the members of production cooperatives, in all branches of economic activity and all undertakings.
Application of the Convention in practice. The Committee notes the Government’s statement that occupational diseases are not taken into account, since recognition of them, and any related treatment or compensation, is impossible owing to the lack of regulation. The Government indicates that, nevertheless, a new labour policy scenario has been established that is conducive to social dialogue, which could facilitate change. The Committee refers to its comments in the next paragraph. The Committee requests the Government to continue providing information in this respect, particularly on progress made in the effective application of the Convention.
Technical assistance. 2014 Declaration of Intent. The Committee welcomes the signature of the Declaration of Intent on 10 September 2014 by the National Congress of Guatemala, through its Labour Commission, and the ILO International Labour Standards Department, clause (c) of the second provision of which establishes the commitment of the parties to collaborate, in the context of technical assistance, on the preparation and drafting of labour legislation. The Committee hopes that the technical assistance will be implemented as soon as possible and contribute to giving effect to the provisions of the Convention, and requests the Government to provide information in this respect.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Services entrusted with essentially preventive functions and responsible for advising the employer, the workers and their representatives in the undertaking; and Article 5(a)–(k). Functions as are adequate and appropriate to the occupational risks of the undertaking. In its previous comments the Committee noted the statement in the Government’s report that tripartite consensus was reached on the Occupational Safety and Health Regulations in the National Occupational Safety and Health Council (CONASSO) and that the Government and the social partners were all aware of the need for regulations on occupational safety and health. The Committee considered that the available information did not allow it to gain a complete picture of the application of the Convention and that detailed information was therefore needed on the manner in which the provisions of the Convention are applied, including details of new legislation, if adopted, and on the manner in which the Government ensures the application of the Convention in practice. The Committee therefore asked the Government to report in detail in 2012. While noting the Government’s indications that the national policy on occupational safety and health is currently under discussion with a view to approval by the National Congress, and noting the adoption of Ministerial Agreement No. 191-2010 of the Ministry of Labour and Social Security concerning the notification and registration of workplace accidents and occupational diseases, the Committee notes that the Government’s report does not provide sufficient information on legislation or practical application to enable it to have a clear idea of the application of the Convention. Specifically, the report does not make it clear whether each of the functions listed in Article 5 of the Convention are carried out or which services are entrusted with essentially preventive functions (Article 1 of the Convention). The Government also mentions Agreement No. 1414 of the Guatemalan Social Security Institute (IGSS), but the Committee notes that this only refers to first aid. The Committee therefore again requests the Government to send a detailed report indicating the manner in which effect is given to each of the Articles of the Convention in law and in practice, especially each of the functions listed in Article 5 and the services entrusted with essentially preventive functions (Article 1). It also requests the Government to supply: (a) a copy of the draft national policy on occupational safety and health; (b) information on any progress made regarding the adoption of the draft Regulations; and (c) information on the application of the Convention in practice, including branches of activity in which occupational health services have been established, numbers of workers covered and plans for the establishment of such services, in accordance with Article 3 of the Convention. The Committee invites the Government to avail itself of technical assistance from the Office, with a view to facilitating the application of the Convention and with regard to the preparation of reports concerning the effect given to it, and to provide information in this regard.
[The Government is asked to report in detail in 2014.]

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

The Committee notes the statement in the Government’s report that tripartite consensus was reached on the Occupational Safety and Health Regulations in the National Occupational Safety and Health Commission (CONASSO), composed of representatives of the Government, employers and workers, and that the Regulations will soon come into force. The Government states that this has been a complex process with contributions from the three sectors, all aware of the need for regulations in this area. The Committee observes that it already noted the work of CONASSO in 2006 and hopes that the Government will soon be able to report on the progress made. The Committee would like to emphasize that the indication that new legislation is being drawn up does not free the Government from the obligation to supply information on the manner in which the application of the Convention in practice is ensured during this period and it considers that the available information does not allow it to gain a complete picture of the application of the Convention. The Committee therefore considers that detailed information is needed on the manner in which the provisions of the Convention are applied, including details of new legislation, if adopted, and if not, on the manner in which the Government ensures the application of the Convention in practice. The Committee therefore requests the Government to supply detailed information on the application of the present Convention.

[The Government is asked to report in detail in 2012.]

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

1. The Committee notes the information contained in the Government’s report. It notes in particular the information that the Ministry of Labour and Social Insurance, through the Health and Safety Department of the General Directorate of Social Insurance, is carrying out a study and a tripartite analysis together with bodies representing workers, employers and the Government with a view to reforming the General Occupational Safety and Health Regulations, to ensure that enterprises carry out risk evaluations to prevent hazards to the health of workers, so that importance is attached and investments made in improving occupational safety, health and hygiene conditions at work with the objective of motivating the performance of workers.

2. Article 6 of the Convention.Legislation for the establishment of occupational health services. The Committee notes the information that on 19 May 2005 the employer representatives submitted a preliminary draft of General Safety and Health Regulations to the National Occupational Safety and Health Commission (CONASSO), the text of which is now being reviewed. The Committee trusts that the draft text will be adopted in the near future to give full effect to the Convention.

3. Part V of the Convention.Application in practice. The Committee notes the information that in 2004, a total of 306 regular inspections were carried out to provide guidance to employers and workers with a view to risk management at work and the improvement of environmental conditions, and that technical advice in the field of occupational safety and health was provided to 150 enterprises in 2005. A total of 67 occupational safety and health committees were organized in the various economic sectors in 2004, and the number was 61 in 2005. The Committee requests the Government to continue providing information on the application of the Convention in practice, the results of inspection visits and the action taken to improve conditions in the working environment.

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

I. 1. Articles 2, 4 and 6 of the Convention. The Committee notes that Governmental Agreement No. 359-91, in force since 16 October 1991, sets forth Regulations for the Application of this Convention, including the requirement in all enterprises with over 25 workers to establish a health service within six months of the Agreement's entry into force. It further notes that Governmental Agreement No. 894-91 of 22 November 1991 suspended the above-mentioned Agreement for 90 days in order to permit consultations with employers and workers. The Government is requested to indicate whether Agreement No. 359-91 has re-entered into force and, if so, to indicate its effective date.

2. The Committee notes from the Government's report for the period ending 30 June 1991 that consideration was being given to establishing a tripartite Commission on International Affairs which would be responsible for adopting measures for the implementation of a national policy on occupational health services. The Government is requested to indicate whether this Commission has been created and to provide further information on any measures it might have taken, or envisages, to ensure the implementation of the national policy on occupational health services.

II. Article 3 and point VI of the report form. The Government is requested to indicate the number of enterprises in which occupational health services have already been established under Governmental Agreement No. 359-91 and the number of workers covered, as well as to indicate any other measures taken or envisaged to make occupational health services available to all workers who do not yet have access to such services, including those in undertakings of less than 25 workers.

III. Articles 1 and 5. The Committee notes that, according to the Government's report, the function of the health services established by the Governmental Agreement No. 359-91 are, inter alia, the prevention of occupational accidents and diseases and that section 2 of the Agreement enumerates as one of the functions of such services those which are listed in Article 5 of the Convention. It notes that the health services called for by the Agreement consist of the establishment of health clinics with nurses or doctors, but does not really indicate the manner in which such clinics fulfil the preventive functions set forth in Articles 1 and 5 of the Convention. The Committee would emphasize that the essential nature of the occupational health services envisaged by the Convention is a preventive one, responsible not only for examining workers, but also for advising on the requirements for establishing and maintaining a safe and healthy working environment to facilitate optimal physical and mental health in relation to work and on the adaptation of work to the capabilities of workers in the light of their state of physical and mental health. The Government is, therefore, requested to provide further information on the manner in which the health services to be established by virtue of the Governmental Agreement carry out the functions enumerated in Article 5 of the Convention.

IV. Article 8. The Committee notes that section 10 of the General Occupational Hygiene and Safety Regulations of 1957 provides for the creation in every workplace of safety organizations. The Government is requested to provide further information on the functioning of these safety organizations and the manner in which such organizations cooperate and participate in the implemention of the organizational and other measures relating to occupational health services in practice.

V. 1. Article 9, paragraph 1. The Committee would recall that this provision of the Convention calls for the establishment of occupational health services of a multidisciplinary nature so that such services might better carry out the advisory services necessary to maintaining a safe and healthy working environment. The Government is requested to indicate the measures envisaged to ensure that occupational health services are of a multidisciplinary nature.

2. Paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services carry out their functions in cooperation with the other services in the undertaking.

VI. 1. Article 10. The Government is requested to indicate the measures taken or envisaged to ensure that the personnel of occupational health services enjoy professional independence from employers, workers, and their representatives, in relation to their functions.

2. Article 12. The Committee notes that section 5(d) of the General Occupational Hygiene and Safety Regulations of 1957 provides that the employer shall arrange for medical examinations of the workers. The Government is requested to indicate the measures taken or envisaged to ensure that the surveillance of workers' health in relation to work involves no loss of earnings for them, is free of charge and takes place as far as possible during working hours.

3. Article 13. The Committee notes that section 7 of the General Occupational Hygiene and Safety Regulations provides that the employer shall warn workers of the danger to which they are exposed when they work with asphyxiating, poisonous or infectious materials, or materials that are particularly injurious to health. The Government is requested to indicate the measures taken or envisaged to ensure that workers are informed of all health hazards involved in their work.

4. Article 14. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of any known or suspected hazards in the working environment which may affect the workers' health.

5. Article 15. The Committee would recall that the purpose of this Article is to provide occupational health services with information which would enable them to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace and, thus, better fulfil their preventive function. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons and to ensure that occupational health services cannot be required by the employer to verify the reasons for absence from work.

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

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

I. 1. Articles 2, 4 and 6 of the Convention. The Committee notes that Governmental Agreement No. 359-91, in force since 16 October 1991, sets forth Regulations for the Application of this Convention, including the requirement in all enterprises with over 25 workers to establish a health service within six months of the Agreement's entry into force. It further notes that Governmental Agreement No. 894-91 of 22 November 1991 suspended the above-mentioned Agreement for 90 days in order to permit consultations with employers and workers. The Government is requested to indicate whether Agreement No. 359-91 has re-entered into force and, if so, to indicate its effective date.

2. The Committee notes from the Government's report that consideration is being given to establishing a tripartite Commission on International Affairs which would be responsible for adopting measures for the implementation of a national policy on occupational health services. The Government is requested to indicate whether this Commission has been created and to provide further information on any measures it might have taken, or envisages, to ensure the implementation of the national policy on occupational health services.

II. Article 3 and point VI of the report form. The Government is requested to indicate the number of enterprises in which occupational health services have already been established under Governmental Agreement No. 359-91 and the number of workers covered, as well as to indicate any other measures taken or envisaged to make occupational health services available to all workers who do not yet have access to such services, including those in undertakings of less than 25 workers.

III. Articles 1 and 5. The Committee notes that, according to the Government's report, the function of the health services established by the Governmental Agreement No. 359-91 are, inter alia, the prevention of occupational accidents and diseases and that section 2 of the Agreement enumerates as one of the functions of such services those which are listed in Article 5 of the Convention. It notes that the health services called for by the Agreement consist of the establishment of health clinics with nurses or doctors, but does not really indicate the manner in which such clinics fulfil the preventive functions set forth in Articles 1 and 5 of the Convention. The Committee would emphasize that the essential nature of the occupational health services envisaged by the Convention is a preventive one, responsible not only for examining workers, but also for advising on the requirements for establishing and maintaining a safe and healthy working environment to facilitate optimal physical and mental health in relation to work and on the adaptation of work to the capabilities of workers in the light of their state of physical and mental health. The Government is, therefore, requested to provide further information on the manner in which the health services to be established by virtue of the Governmental Agreement carry out the functions enumerated in Article 5 of the Convention.

IV. Article 8. The Committee notes that section 10 of the General Occupational Hygiene and Safety Regulations of 1957 provides for the creation in every workplace of safety organizations. The Government is requested to provide further information on the functioning of these safety organizations and the manner in which such organizations cooperate and participate in the implemention of the organizational and other measures relating to occupational health services in practice.

V. 1. Article 9, paragraph 1. The Committee would recall that this provision of the Convention calls for the establishment of occupational health services of a multidisciplinary nature so that such services might better carry out the advisory services necessary to maintaining a safe and healthy working environment. The Government is requested to indicate the measures envisaged to ensure that occupational health services are of a multidisciplinary nature.

2. Paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services carry out their functions in cooperation with the other services in the undertaking.

VI. 1. Article 10. The Government is requested to indicate the measures taken or envisaged to ensure that the personnel of occupational health services enjoy professional independence from employers, workers, and their representatives, in relation to their functions.

2. Article 12. The Committee notes that section 5(d) of the General Occupational Hygiene and Safety Regulations of 1957 provides that the employer shall arrange for medical examinations of the workers. The Government is requested to indicate the measures taken or envisaged to ensure that the surveillance of workers' health in relation to work involves no loss of earnings for them, is free of charge and takes place as far as possible during working hours.

3. Article 13. The Committee notes that section 7 of the General Occupational Hygiene and Safety Regulations provides that the employer shall warn workers of the danger to which they are exposed when they work with asphyxiating, poisonous or infectious materials, or materials that are particularly injurious to health. The Government is requested to indicate the measures taken or envisaged to ensure that workers are informed of all health hazards involved in their work.

4. Article 14. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of any known or suspected hazards in the working environment which may affect the workers' health.

5. Article 15. The Committee would recall that the purpose of this Article is to provide occupational health services with information which would enable them to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace and, thus, better fulfil their preventive function. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons and to ensure that occupational health services cannot be required by the employer to verify the reasons for absence from work.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer