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 2015, published 105th ILC session (2016)

Legislation. The Committee notes the adoption of Government Decision No. 229-2014 issuing the new Regulations on occupational safety and health (the Regulations), as well as the documents referred to by the Government namely: the Guide on the preparation of the health and safety plan for the construction industry, the Guide for the inspection of working conditions for the Department of Occupational Safety and Health of the Ministry of Labour and Social Welfare, and the Safety and Health Plan in Construction, envisaged in section 371 of the Regulations. The Committee requests the Government to provide a copy of the Guide for the inspection of working conditions for the Department of Occupational Safety and Health of the Ministry of Labour and Social Welfare, and the Safety and Health Plan in Construction, envisaged in section 371 of the Regulations.

Article 3 of the Convention. Measures taken to give effect to the Convention and consultation with the most representative organizations of employers and workers in this regard. In its previous comments, the Committee requested the Government to provide information on the consultations held with the most representative organizations of employers and workers concerned with regard to the laws and regulations that give effect to the Convention, and on their outcomes. The Committee notes the Government’s indication in its report that the Regulations were discussed and prepared in the framework of the National Occupational Safety and Health Council (CONASSO), which is a tripartite body.

Article 4. Laws and regulations which ensure the application of the Convention, adopted on the basis of an assessment of the safety and health hazards. Article 9. Safety and health of workers in the design and planning of a construction project. In its previous comments, the Committee requested the Government to provide information on the manner in which it is ensured that effect is given to these provisions of the Convention. The Committee notes that section 371 of the Regulations provides that any construction works, prior to commencement, shall include a health and safety plan, which shall set out all the safety measures that are to be adopted during the course of the construction, which shall be verified by the Department of Occupational Health and Safety of the Ministry of Labour and Social Welfare or by the Health and Safety Section of the Guatemalan Social Security Institute, in the case of employers covered by the latter. The Committee requests the Government to provide information in relation to the implementation in practice of section 371 of the Regulations.

Article 8. Coordination whenever two or more employers or self-employed persons undertake activities simultaneously at the same construction site. The Committee notes that the Government has not provided the information requested previously on this point. The Committee requests the Government to indicate the manner in which it is ensured that the principal contractor, employers and self-employed workers cooperate in relation to safety and health where two or more of them undertake activities simultaneously at one construction site.

Article 12(2). Obligation of the employer to stop the operation and evacuate workers. Articles 20, 21 and 22. Cofferdams and caissons, work in compressed air, and structural frames and formwork. The Committee notes that the Government has not provided the information requested previously on these Articles. The Committee requested the Government to provide detailed information on the manner in which it is ensured that effect is given to these Articles of the Convention.

Article 17. Plant, machinery, equipment and hand tools. In its previous comments, the Committee requested the Government to provide information on the manner in which it is ensured that effect is given to this Article of the Convention. The Committee notes that the Regulations contain provisions respecting machinery (sections 421 to 457) and hand tools (sections 458 and 459).

Articles 24 and 27. Demolition, explosives and competent persons. In its previous comments, the Committee requested the Government to adapt its law and practice in relation to these Articles of the Convention, with emphasis on the definition of a “competent person” contained in Article 2(f) of the Convention. The Committee notes that sections 153 to 156 of the Regulations respecting demolition and work involving explosives do not refer to supervision by a competent person. Under these conditions, the Committee reiterates its request that the Government adapt the law and practice to these Articles of the Convention and to provide information on this subject.

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

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.

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.

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 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.]

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

Articles 3 and 7 of the Convention. Maximum weight of loads transported by an adult worker. For more than ten years the Committee has been repeatedly asking the Government to amend section 6 of Agreement No. 885 of the Executive Board of the Guatemalan Social Security Institute (IGSS), and has noted the Government’s statement in successive comments that approval of the Occupational Safety and Health Regulations was imminent and that the latter would form the basis for amending the aforementioned Agreement. According to section 6 of the Agreement, the maximum weight that can be lifted by an able-bodied male under 60 years of age is 120 lb (60 kg) and the maximum weight that can be lifted by an able-bodied female under 50 years of age is 60 lb (30 kg). In its previous comments, the Committee has repeatedly asked the Government to take steps to amend Agreement No. 885 and, in the meantime, to take the necessary steps to ensure the full and binding application of these provisions of the Convention and to supply information in this respect. The Committee notes that the Government has not supplied any information on the amendment of the Agreement and the possible approval of the Occupational Safety and Health Regulations. It also notes a report from the IGSS attached to the Government’s report, according to which the maximum recommended weight under ideal handling conditions is 25 kg and that women, young workers and older workers should not handle loads exceeding 15 kg. The report indicates that under special circumstances able-bodied, trained workers could handle loads up to 40 kg, provided that such work is occasional and performed under safe conditions. The report also refers to appropriate postures and preventive measures where the indicated weights are exceeded, mentioning as an example the use of mechanical aids and the lifting of loads by two or more persons. The Committee notes that the measures indicated in the report give effect to these provisions of the Convention but that they are not binding. It notes the discrepancy between these IGSS recommendations and Agreement No. 885, also of the IGSS, which is binding. The Committee requests the Government to take the necessary measures to bring IGSS Agreement No. 885 into conformity with the Convention, possibly using as a basis the Maximum Weight Recommendation, 1967 (No. 128), and the IGSS recommendations which the Government attached to its report, and to send information on any further developments in this regard.

Article 5. Steps to ensure that workers receive adequate training or instruction in working techniques, with a view to safeguarding health and preventing accidents. The Committee again requests 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, and to include information on the IGSS recommendations.

Article 7. Young workers. The Committee notes the Government’s statement that section 7 of Agreement No. 885 states that young persons over 13 years of age may lift, transport or move loads with weights appropriate to their respective ages, provided that this does not jeopardize their health or safety. The Committee refers to Paragraphs 19–23 of Recommendation No. 128, and in particular Paragraph 21, which states that where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level, and Paragraph 22, which states that the minimum age for assignment to 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 take the necessary steps to bring its law and practice into conformity with the Convention, to consider the guidance given by Recommendation No. 128, and to provide information on this matter, including detailed information on the sectors in which young persons perform tasks involving the manual transport of loads. The Committee also refers to this matter in its comments on the Minimum Age Convention, 1973 (No. 138).

Part V of the report form. Application in practice. In its previous comments the Committee noted the Government’s statement that there are no statistics on infringements relating to the handling of loads because there have been no complaints from workers. The Committee asked the Government to clarify on what legal basis workers could make complaints. The Committee notes that the Government has not provided any information in this respect and that the statistics supplied do not refer to the matters covered by the present Convention. The Committee requests the Government to clarify whether the labour inspectorate conducts inspections in the areas covered by the Convention and applies the relevant provisions to both scheduled inspections and the handling of complaints. The Government is also requested to indicate the sectors of activity with the greatest concentrations of workers who handle loads, including the extent to which such activity occurs in agriculture and mining and the manner in which the Government ensures the application of the provisions 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 2011, published 101st ILC session (2012)

With reference to its observation, the Committee requests the Government to provide information on the following points.

Article 3 of the Convention. Measures to be taken to give effect to the Convention and, for this purpose, consultation with the most representative organizations of employers and workers. Laws and regulations. The Committee refers to the information that the general Occupational Safety and Health Regulations have not yet been adopted. Chapter VIII of the Regulations establishes occupational safety and health (OSH) standards for the construction sector and, according to the Government, a number of meetings have been initiated to coordinate the formulation of the technical standard establishing the OSH rules applicable to construction, and these meetings have been held with employers’ representatives. In this respect, the Committee reminds the Government that the consultations have to be held with both the most representative organizations of employers and workers. It requests the Government to provide information on the consultations held with the most representative organizations of employers and workers concerned on the laws and regulations that give effect to the Convention and on their outcome.

Article 4. Laws and regulations which ensure the application of the Convention, adopted on the basis of an assessment of the safety and health hazards. Article 9. Safety and health of workers in the design and planning of a construction project. Article 12(2). Obligation of the employer to stop the operation and evacuate the workers. Article 17. Plant, machinery, equipment and hand tools. Articles 20, 21 and 22. Cofferdams and caissons, work in compressed air, structural frames and formwork. The Committee notes the information provided by the Government on the manner in which the draft Regulations address these matters, but notes that the report does not provide information on the manner in which the Government currently ensures that effect is given to these provisions of the Convention. It also notes that, with regard to Article 12(2) of the Convention, the Government indicates that its application will be ensured through the powers entrusted to the Ministry of Labour and Social Insurance to suspend all or any workplaces in cases of imminent danger. The Committee recalls that this provision of the Convention does not refer to the powers of the Government, but to the obligations of the employer, and that it is therefore the employer who is required, where there is an imminent danger, to take immediate steps to stop the operation and evacuate workers as appropriate. With regard to all of the measures referred to in the heading to this paragraph, the Committee wishes to emphasize that the indication that new legislation is being formulated does not replace the obligation to provide information on the manner in which the Convention is applied during the period covered by the report. The Committee therefore requests the Government to provide information on the manner in which it is ensured, during the period covered by the report, that effect is given to these provisions of the Convention. The Committee also requests the Government to take into account its comments on Article 12(2) of the Convention and to provide information on this subject.

Article 8. Coordination whenever two or more employers undertake activities simultaneously at one construction site. Please provide detailed information on each of the paragraphs of this Article.

Articles 24 and 27. Demolition work. Explosives. Competent person. With reference to its previous comments, the Committee notes that, with regard to Article 24 of the Convention, the Government indicates that the Ministry of Defence has to provide prior authorization for demolition and indicates the enterprises currently authorized; with regard to Article 27 of the Convention, it also refers to the responsibility of the Ministry of Defence. The Committee observes that the concept of competent person as stated in Articles 24 and 27 of the Convention is more precise than that of authorized enterprises and that, in relation to Article 27, the indications provided are not sufficient and this aspect has to be regulated in accordance with Article 2(f) of the Convention and Paragraph (1)(g) of the Safety and Health in Construction Recommendation, 1988 (No. 175). It requests the Government to adapt its law and practice to these provisions of the Convention and to provide information on this subject.

Part VI of the report form. Application in practice. The Committee notes the information provided by the Government on the inspections carried out in construction between 2006 and 2010, and the indication of the main problems encountered: lack of protective equipment and notices in areas where there is a risk of falling, and lack of basic services, training and personnel qualified to drive special vehicles. It welcomes the Government’s indication that the technical staff of the Occupational Safety and Health Department, through inspections, recommend to employers the implementation of preventive measures jointly with workers, participating in health and safety committees and as bipartite negotiating machinery which is of benefit to all parties. Employers are also recommended to carry out preventive assessments and a series or awareness-raising activities are undertaken concerning safety. The Committee requests the Government to continue providing information, particularly on the awareness-raising activities for employers and workers.

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

Laws and regulations and the Plan of Action (2010–16). The Committee notes the information provided once again by the Government indicating that the new Occupational Safety and Health Regulations have not yet been adopted. The Committee has been referring to this matter for many years and observes that the Government appears to be encountering difficulties in the adoption of the Regulations, which would establish the general occupational safety and health framework and would facilitate the application of the other occupational safety and health (OSH) Conventions that have been ratified. In this respect, the Committee takes this opportunity to inform the Government that in March 2010 the Governing Body adopted a Plan of Action to achieve widespread ratification and effective implementation of the key OSH instruments, which are the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002 and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). The Committee wishes to draw the Government’s attention to the fact that, under the terms of the Plan of Action, the Office is available to provide assistance to governments, where appropriate, to assist in bringing their law and practice into conformity with these key OSH Conventions with a view to promoting their ratification and effective implementation, as well as to provide assistance in relation to the other OSH Conventions. The Committee also wishes to indicate that the approach adopted by these three key instruments can make an effective contribution to the management of OSH systems based on a preventive, coherent and tripartite approach to OSH. The Committee invites the Government to examine the obstacles encountered in the adoption of the Regulations referred to above, and particularly for the adoption of legislation to give effect to the present Convention, and requests it to provide information on these obstacles and on any need for technical assistance identified in this connection.

The Committee is raising other points in a request addressed directly to the Government.

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.]

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 2010, published 100th ILC session (2011)

Articles 3 and 7 of the Convention. Maximum weight of loads transported by an adult worker. With reference to its previous comments, the Committee again notes with regret that, despite repeated comments made for more than ten years, the Government has still not adopted the new Occupational Safety and Health Regulations. The Committee emphasizes that the indication that new legislation is being drawn up does not free the Government from the obligation to ensure the application of the provisions of the Convention during the transition period and to supply such information in its report. The Committee urges the Government to adopt the aforementioned Regulations and, in the meantime, to take all necessary steps to ensure the full and binding application of these provisions of the Convention and to supply information in this respect.

Article 5. Steps to ensure adequate training in working techniques with a view to safeguarding health and preventing accidents. The Committee notes that, according to information supplied by the Guatemalan Social Security Institute, training activities in 2009 included providing workers with information on appropriate methods for the manual lifting of loads. The information is provided through occupational safety and health committees in workplaces. The Committee requests the Government to continue to supply information in this regard.

Part V of the report form. Application in practice. The Committee notes that 690 occupational safety and health committees have been set up in enterprises since 2006. It notes the Government’s statement that there are no statistics on infringements relating to the handling of loads because there have been no complaints from workers. It further notes the statement in the report that, when inspections are made, checks are carried out to ensure that employers are providing workers with training in the handling of loads; recommendations are made that lifting should be by mechanical means; and, if manual lifting is involved, that the provisions on maximum weight set forth in the Recommendation related to the Convention are respected. Account is also taken of the attached appendices. With regard to the statement that no complaints have been made by workers in relation to maximum weight, the Committee requests the Government to clarify on what basis complaints may be made, given that according to available information the maximum weight established by the Convention is not enshrined in law. The Committee requests the Government to continue to supply the information required in relation to this paragraph.

[The Government is asked to reply in detail to the present comments in 2012.]

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.

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 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s reports and notes with interest the information provided in reply to its previous comments ensuring the application of parts of the Convention. The Committee also notes the Government’s reference to the participation of the secretary general of the Construction Trade Union in the National Occupational Safety and Health Council, which envisages preparing a technical regulation for the construction sector. It hopes that this regulation, once adopted, will give due effect to relevant provisions of the Convention including Article 5. The Committee requests the Government to provide information on any progress achieved in this regard.

2. Article 4 of the Convention. Legislation ensuring the application of the Convention adopted on the basis of an assessment of the safety and health hazards. The Committee notes from the Government’s report that, once again, the Government indicates that the assessment of the safety and health risks involved for workers which must serve as the basis for adoption of national legislation ensuring the application of the provisions of the Convention, has not yet been carried out. The Committee requests the Government to indicate the measures taken or contemplated with a view to fulfilling the obligation established in this Article of the Convention and to specify to what extent the review of the provisions of the General Regulation on Occupational Safety and Health, which has been undertaken, will serve for such risk assessment.

3. Article 9. Safety and health of workers in the design and planning of a construction project. With reference to its previous comments, the Committee requests the Government to indicate the measures envisaged or adopted to ensure that the persons responsible for the design and planning of a construction project are under the obligation to take into account the safety and health of the workers.

4. Article 12, paragraph 2. The employer’s obligation to stop operation and evacuate workers. The Committee notes the Government’s statement that the Labour Code, the General Regulation on Occupational Safety and Health and the Regulation on the Protection against Labour Accidents guarantee the application of this Article of the Convention. However, the Government notes that no specific provisions within the abovementioned legislation specifically prescribe that employers are required to stop the operation and evacuate workers where so warranted by a situation of danger. The Committee hopes that the Government will adopt the necessary measures to explicitly provide for the obligation of employers to stop the operation and, where necessary, evacuate the workers when the danger of the situation so warrants.

5. Article 17. Plant, machinery, equipment and hand tools. The Committee notes the Government’s statement that sections 28 to 37 of the General Regulation on Occupational Safety and Health regulate the construction and appropriate use of plant, machinery and equipment, both manual and power-driven. It also notes that the General Regulation on Occupational Safety and Health places an obligation on employers to provide workers with adequate instruction for the safe use of materials. The Committee notes, however, that there appears to be no legal provision in national legislation governing the examination and testing of pressure plant equipment. The Committee requests the Government to take the necessary steps in law and in practice to ensure that pressure plant equipment is examined and tested by a competent person in accordance with the Convention and to report on progress in this respect in its next report.

6. Articles 20, 21 and 22. Cofferdams and caissons, work in compressed air, structural frames and formwork. The Committee notes the Government’s statement that there is no legal provision governing these Articles of the Convention. The Committee requests the Government to take the necessary steps in law and in practice to bring national law into conformity with the provisions of these Articles of the Convention and asks the Government to provide information in this respect in its next report.

7. Article 24. Demolition work. The Committee refers to its previous comments regarding the carrying out of demolition work under the supervision of inspectors of the Guatemalan Social Security Institute. It notes that the Government’s report is silent in respect of the means provided to make supervision by these inspectors compulsory during such work and the provisions prescribing the appropriate precautions, methods and procedures, including those for the disposal of waste or residues, where the demolition might present danger to workers or to the public. It therefore reiterates its request to the Government to provide information in its next report on the measures taken in law and in practice to ensure that effect is given to this provision.

8. Article 27. Explosives. The Committee notes the Government’s statement that sections 83 to 93 of the General Regulation on Occupational Safety and Health ensures the application of this Article of the Convention. The Committee notes, however, that there seems to be no legislative provision ensuring that a competent person takes the necessary steps to ensure that workers and other persons are not exposed to the risk of injury from explosives. The Committee requests the Government to provide information in its next report on the measures taken in law and in practice to ensure application of this provision.

9. Part VI of the report form. The Committee requests the Government to provide detailed information in its next report on the number of inspections carried out and the number and nature of infringements observed. It also requests the Government to continue to provide a general appreciation of the manner in which the Convention is applied in the country.

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.

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

1. The Committee notes the information contained in the Government’s report and the attached documents.

2. Articles 3 and 7 of the Convention. Maximum weight of loads transported by an adult worker. The Committee regrets to note that, despite its repeated comments over the last ten years, the Government has still not been able to promulgate the draft safety and health regulations that take into account the Maximum Weight Recommendation, 1967 (No. 128), of the ILO. The Committee understands that, even though the Department of Occupational Hygiene and Safety verifies that the manual transport of loads does not present a risk to the health of workers, section 6 of Agreement No. 885 of the Executive Board of the Guatemalan Social Security Institute, concerning the maximum weight that may be transported by a single worker still remains in effect. According to this section, the weight that may be lifted by a healthy male adult under 60 years of age is 120 pounds, in other words 60 kg, and the weight that may be lifted by a healthy female adult under 50 years of age shall not exceed 60 pounds, or 30 kg. In the light of this, the Committee urges the Government to promulgate, in the very near future, the new regulations on occupational safety and hygiene that envisage new limits for the maximum loads that can be carried by a single worker, and requests the Government to provide information on any progress made in this regard.

3. Article 5. Steps to ensure that workers receive adequate training or instruction in working techniques, with a view to safeguarding health and preventing accidents. The Committee notes the Government’s reference to the training activities in respect of physical loads, ergonomics and load handling, carried out by the Guatemalan Social Security Institute in 2004 and 2005. While taking due note of the information submitted, the Committee invites the Government to continue providing information on the training and instruction that is given to workers before they are assigned to work involving the manual transport of loads.

4. Part V of the report form. Application of the Convention in practice. The Committee asks the Government to provide information on the application of the Convention in practice throughout the country and to supply, for instance, extracts of inspection service reports and, if available, information on the number and nature of the violations reported and the measures taken as a result.

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.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its latest report. Further to its previous comment, it wishes to draw the Government’s attention to the following points:

1.  Articles 3 and 7 of the Convention.  The Committee notes the provisions of Administrative Order No. 885 of 26 March 1990 in application of, inter alia, the occupational safety and health provisions of the Labour Code. Section 202 of the Labour Code provides for the promulgation of regulations to specify the admissible weight of loads to be transported by a single person, with due consideration being given to factors such as the age, sex and physical condition of the worker. In this respect, the Committee notes the provisions of section 6 of Administrative Order No. 885, 1990, providing that the maximum weight that may be carried by a male worker under the age of 60 is 120 pounds, equivalent to 60 kg. The Committee therefore wishes to draw the Government’s attention to Paragraph 14 of the Maximum Weight Recommendation, 1967 (No. 128), which provides that where the maximum permissible weight which may be transported by one adult male worker is more than 55 kg, measures should be taken as speedily as possible to reduce it to that level. It also refers to the recommendations contained in the ILO publication "Maximum weights in load lifting and carrying" (Occupational Safety and Health Series, No. 59, Geneva, 1988) indicating 55 kg as the limit recommended from the ergonomic point of view which may be lifted occasionally by a male worker between 19 and 45 years of age, and 45 kg is the limit recommended for male workers over the age of 45.

The Committee further notes that section 6 of Administrative Order No. 885, 1990, determines 60 pounds, equivalent to 30 kg, as being the maximum weight that may be transported by a healthy female worker under the age of 50. The Committee referring again to the abovementioned ILO publication states that 15 kg is the limit recommended from an ergonomic point of view for the load permitted to be lifted and transported occasionally by an adult woman, and 10 kg is the limit recommended in the case of a more frequent lifting and carrying of loads.

The Committee, however, notes with interest the Government’s indication that a pre-draft concerning a new regulation on hygiene and security is under preparation providing for a maximum weight of 50 kg that may be carried by a male worker. It also notes with interest that discussions between the Ministry of Labour, the employers and workers have been started to this effect. Nevertheless, the Committee invites the Government to reconsider as well the provision of section 6 of Administrative Order No. 885, 1990, with respect to the maximum weight that may be carried by a female worker. The Committee hopes that the new regulation on hygiene and security providing for new limits concerning the maximum weight that may be transported by a single worker will be issued in the near future.

2.  Article 5.  The Committee notes with interest section 2 of Administrative Order No. 885, 1990, providing that every worker assigned to the manual transport of loads must get instructions, prior to such assignment, on methods of lifting loads correctly according to the different types of loads to be transported. The Committee further notes the information supplied by the Government to the effect that the School of Capability of the Security and Hygiene Section, which is a branch for formal education, has established a new education method which is called "school without walls". According to the Committee’s understanding, this school provides training to the workers directly at enterprise level which facilitates the workers’ access to training. The Government further explains that, at present, all information and training-related activities are carried out in accordance with the provisions of Administrative Order No. 1002, 1995, concerning the protection of accidents, and that the Technical Institute on Capability and Productivity (INTECAP) is responsible to carry out basic activities related to occupational safety and health (section 4 of Decree No. 17-72 issued by the Congress of Guatemala). With regard to the promotion and dissemination of information on the manual transport of loads, the Committee notes that the Institute of Social Security has published information material concerning the correct lifting of loads with due view to ergonomic demands. The Committee taking due note of this information would invite the Government to continue to provide information regarding training activities and instructions of workers prior to their assignment to work involving manual transport of loads.

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 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its first report.

1. The Committee requests the Government to supply details on the following points.

Article 4 of the Convention. The Committee notes from the Government's report that the assessment of the safety and health risks involved for workers which must serve as the basis for adoption of national legislation ensuring the application of the provisions of the Convention, has not yet been carried out. The Committee requests the Government to indicate the measures taken or contemplated with a view to fulfilling the obligation established in this provision and to specify to what extent the review of provisions of the general regulations on occupational safety and health, which has been undertaken, will serve for such risk assessment.

Article 5. The Committee notes that no technical standards or codes of practice on occupational safety and health have been adopted. It also notes that, according to section 11(b) of the general regulations on occupational safety and health, the Ministry of Labour and Social Welfare and the Guatemalan Social Security Institute must lay down technical recommendations for the purpose of eliminating risks of accident and disease and promote the adoption of measures to protect the life, health and physical integrity of wage-earners. The Committee requests the Government to indicate by what means the national legislation designed to give effect to the Convention is applied in practice and how due regard is given to the relevant standards on occupational safety and health adopted by recognized international organizations in the field of standardization.

Article 7. The Committee notes that section 198 of the Labour Code lays down the obligation for the employer to apply the measures indicated by the Guatemalan Social Security Institute with a view to preventing occupational accidents and diseases. It requests the Government to indicate the provision which places an obligation on self-employed persons to comply with the prescribed safety and health measures at the workplace.

Article 24. The Committee notes that demolition work is carried out under the supervision of inspectors of the Guatemalan Social Security Institute. It requests the Government to indicate what means are provided to make supervision by these inspectors compulsory during such work and what are the provisions prescribing the appropriate precautions, methods and procedures, including those for the disposal of waste or residues, where the demolition might present danger to workers or to the public.

Article 26, paragraph 3. The Committee notes that section 53 of the General Regulations provides for the adoption of regulations concerning electrical installations and periodic checking in certain categories of enterprise. The Committee requests the Government to describe the standards applied at national level in regard to the laying and maintenance of electrical cables on construction sites.

Article 28, paragraph 3. The Committee notes that sections 55 and 56 of the General Regulations on Occupational Safety and Health lay down the conditions which must be present in the workplace where there may be risks to health, due to dust, gas, or flammable or harmful vapour. Please describe the measures provided for areas in which there may be an oxygen deficiency.

2. The Committee would be grateful if the Government would supply further information on the application of the following points.

Article 3. Consultation of the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention.

Article 8. Sharing of responsibility between two or more employers undertaking activities simultaneously at one construction site in regard to the application of prescribed safety and health measures.

Article 9. The need to take into account the safety and health of the construction workers in accordance with national laws, regulations and practice, during the design and planning of a construction project.

Article 10. The rights and duties of workers to participate in ensuring safe working conditions and to express views on the working procedures adopted.

Article 12, paragraph 2. The obligation on the employer to stop the operation and evacuate workers as appropriate where there is an imminent danger to their safety.

Article 13, paragraph 2. The provision and maintenance of safe means of access to and egress from all workplaces.

Article 14, paragraphs 1, 2 and 4. The obligation to provide and maintain a safe and suitable scaffold where work cannot safely be done on or from the ground or from part of a building; the provision of suitable and sound ladders in the absence of alternative safe means of access to elevated working places; the inspection of scaffolds by a competent person.

Article 15, paragraphs 1(b), (d), (e) and 2. The obligation to install and use correctly lifting appliances and items of lifting gear, to have them examined and tested by a competent person at such times and in such cases as shall be prescribed, to have them operated by workers who have received appropriate training, and not to use them to raise, lower or carry a person unless they are constructed, installed and used for that purpose.

Article 16, paragraphs 1(c) and (d), and 2. Proper use of transport, earth-moving and materials-handling equipment; appropriate training of workers operating such machines; provision of safe and suitable access ways for such machines; traffic control measures.

Article 17. Good design, construction and appropriate use of plant, machinery and equipment, including hand tools, both manual and power-driven; appropriate training for workers operating them; obligation on the manufacturer or the employer to provide adequate instructions for safe use; obligation to submit pressure plant and equipment for examination and testing by a competent person.

Article 18. Obligation to take the necessary measures to avoid (i) the fall of workers and tools or other objects or materials where the height of a structure or its slope exceeds that prescribed; (ii) the fall of workers through roofs or fragile material.

Article 19(b), (c), (d) and (e). Adequate precautions taken in any excavation, shaft, earthworks, underground works or tunnel to guard against dangers arising from the fall of persons, materials or objets; to maintain any fumes, gases, vapours, dust or other impurities at levels which are not dangerous or injurious to health; to enable workers to reach safety in the event of fire, or an inrush of water or materials; to avoid risk to workers arising from possible underground dangers.

Article 20. Quality of the construction, suitability and soundness of cofferdams and caissons; provision of adequate means for workers to reach safety in the event of an inrush of water or material; provisions regulating the supervision by a competent person during the construction, positioning, modification or dismantling of a cofferdam or caisson and the inspection of all cofferdams and caissons.

Article 21. Provisions regulating work in compressed air, the nature of prescribed medical examinations and supervision of the conduct of operations by a competent person.

Article 22. Provisions prescribing supervision by a competent person during the erection of structural frames and components and stipulating the formwork, false work and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be imposed on it.

Article 27. The storage, transport, handling and use of explosives under conditions prescribed and by a competent person to ensure that workers and other persons are not exposed to risk of injury.

Article 29. Provision of sufficient and suitable storage for flammable liquids, solids and gases on the construction site.

Article 30, paragraphs 2 and 3. Obligation on the employer to provide the workers with the appropriate means to enable them to use the individual protective equipment and to ensure its correct use.

Article 32, paragraphs 1 and 2(b). Obligation to provide an adequate supply of drinking-water at or near every construction site; obligation to provide facilities for the storage and drying of workers' clothing.

Article 34. Reporting to the competent authority of occupational accidents and diseases.

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.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its latest report.

Articles 3, 7 and 8 of the Convention. In earlier comments, the Committee noted that section 202 of the Labour Code provides for the promulgation of regulations to specify the admissible weight of sacks to be transported or loaded by a single person, with due consideration being given to factors such as the age, sex and physical condition of the workers. It also noted that section 148(a) of the Labour Code provides for the promulgation of regulations to specify the unhealthy or dangerous jobs where the employment of women and young workers should be prohibited. The Committee expressed the hope that these regulations would be adopted in the near future so that the admissible weight of loads to be transported or loaded by a single person would be specified in order to give effect to Article 3 of the Convention and that the employment of women and young workers in the manual transport of loads would be limited in accordance with Article 7 of the Convention.

In its report for the period 1988-90, the Government indicated that the Occupational Health and Safety Section of the Guatemalan Social Security Institute had drafted an Agreement concerning the maximum load that may be carried by workers, which would be the subject of consultations with the most representative workers' and employers' organizations. In its latest report, the Government indicates that in practice, it is recommended that the weight be above 100 lb. only if and when the physical strength of the worker so permits, but that the draft Agreement is still being studied with a view to its approval.

In this connection, the Committee again draws attention to paragraph 14 of the Maximum Weight Recommendation, 1967 (No. 128) which provides that where the maximum permissible weight which may be transported by one adult male worker is more than 55 kg, measures should be taken as speedily as possible to reduce it to that level. It also refers to the publication "Maximum weights in load lifting and carrying" published by the International Labour Office as No. 59 in the series "Occupational safety and health", which contains information on differentiated weight limits for lifting and carrying loads occasionally or more frequently, for men, women and young workers.

The Committee hopes that the necessary measures will soon be taken through regulations under the Labour Code, the Agreement under consideration or any other method consistent with national conditions, to ensure that no worker may engage in the manual transport of a load which by its weight is likely to jeopardize his health and safety, and that the assignment of women and young workers to manual transport of loads shall be limited to loads of a substantially lesser maximum weight.

Article 5. The Committee notes the information supplied by the Government that the Institute of Social Security, through the School for Training in Occupational Health, is training employers and workers and that it also issues posters with recommendations which are posted at worksites. It requests the Government to supply further details on training programmes being conducted for workers, prior to their assignment to work involving manual transport of loads and to forward specimen copies of relevant posters.

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 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. 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:

Article 3 of the Convention. In its earlier comments the Committee had noted section 202 of the Labour Code under which: "The weight of sacks containing produce or merchandise of any kind which are to be transported or loaded by a single person shall be specified in relevant regulations, with due consideration for factors such as age, sex and the physical conditions of the employee concerned".

The Committee has taken note of section 69 of the General Regulations on Health and Safety at Work of 1957 referred to by the Government in its report, adopted under above-mentioned section 202, which prescribes that: "The loads to be transported by workers shall be suited to their physical powers, regard being had to the nature, form, weight and volume of the loads and the distance and road to be travelled".

However, the Committee observed that neither section 202 of the Labour Code nor section 69 of the Regulations on Health and Safety establish the maximum weight of loads to be transported manually.

The Committee noted with interest the indications in the Government's report, to the effect that a draft Agreement is currently being studied, concerning the maximum load that may be transported by workers, which has been drafted by the occupational health and safety division of the Guatemalan Social Security Institute.

In this connection, the Committee wishes to draw the Government's attention to the indications contained in the ILO publication "Maximum Weights in Load Lifting and Carrying" published in the Occupational Safety and Health Series, No. 59, Geneva, 1988. The Committee also refers to the content of Recommendation No. 128, regarding the maximum load that may be transported by a worker and in particular to Article 14 which advocates a maximum weight of 55 kilos for male adult workers.

The Committee hopes that the Agreement will contain provisions establishing the maximum weight which may be transported manually, thereby ensuring that better effect is given to the Convention, and asks the Government to continue to provide information on this matter and to supply a copy of the Agreement as soon as it is adopted.

Article 5 of the Convention. The Committee noted that the Government's report did not contain the information requested with regard to the training that any worker assigned to manual transport of loads other than light loads must receive prior to such assignment.

The Committee hoped that the Government would provide information on this matter in its next report.

Article 7(1) and (2) of the Convention. The Committee previously requested the Government to provide information on the measures taken or under consideration to enforce the obligation to limit the assignment of women and young workers to manual transport of loads other than light loads, and to establish a maximum weight which is substantially less than that permitted for adult male workers.

The Committee noted the Government's indication in its report that the labour legislation prescribes that the work of minors and women must be suited, in particular, to their age, physical state or condition and intellectual or moral development (section 147 of the Labour Code).

However, the Committee observes that a general provision of this nature is not sufficient to give effect to the provisions of the Convention.

The Committee hopes that the Agreement being prepared on the maximum load which may be transported manually will contain the necessary provisions to limit the assignment of women and young workers to manual transport of loads other than light loads, and to establish a maximum weight which is substantially less than that permitted for adult male workers.

Article 8 of the Convention. The Committee has taken note of the Government's statement, in response to its earlier comments, that the draft Agreement on the maximum load which may be transported by workers will be submitted to the most representative workers' and employers' organizations for consultation.

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 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.

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.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 3 of the Convention. In its earlier comments the Committee had noted section 202 of the Labour Code under which: "The weight of sacks containing produce or merchandise of any kind which are to be transported or loaded by a single person shall be specified in relevant regulations, with due consideration for factors such as age, sex and the physical conditions of the employee concerned".

The Committee takes note of section 69 of the General Regulations on Health and Safety at Work of 1957 referred to by the Government in its report, adopted under above-mentioned section 202, which prescribes that: "The loads to be transported by workers shall be suited to their physical powers, regard being had to the nature, form, weight and volume of the loads and the distance and road to be travelled".

However, the Committee observes that neither section 202 of the Labour Code nor section 69 of the Regulations on Health and Safety establish the maximum weight of loads to be transported manually.

The Committee notes with interest the indications in the Government's report, to the effect that a draft Agreement is currently being studied, concerning the maximum load that may be transported by workers, which has been drafted by the occupational health and safety division of the Guatemalan Social Security Institute.

In this connection, the Committee wishes to draw the Government's attention to the indications contained in the ILO publication "Maximum Weights in Load Lifting and Carrying" published in the Occupational Safety and Health Series, No. 59, Geneva, 1988. The Committee also refers to the content of Recommendation No. 128, regarding the maximum load that may be transported by a worker and in particular to Article 14 which advocates a maximum weight of 55 kilos for male adult workers.

The Committee hopes that the Agreement now under study will contain provisions establishing the maximum weight which may be transported manually, thereby ensuring that better effect is given to the Convention, and asks the Government to continue to provide information on this matter and to supply a copy of the Agreement as soon as it is adopted.

Article 5 of the Convention. The Committee notes that the Government's report does not contain the information requested with regard to the training that any worker assigned to manual transport of loads other than light loads must receive prior to such assignment.

The Committee hopes that the Government will provide information on this matter in its next report.

Article 7(1) and (2) of the Convention. The Committee previously requested the Government to provide information on the measures taken or under consideration to enforce the obligation to limit the assignment of women and young workers to manual transport of loads other than light loads, and to establish a maximum weight which is substantially less than that permitted for adult male workers.

The Committee notes the Government's indication in its report that the labour legislation prescribes that the work of minors and women must be suited, in particular, to their age, physical state or condition and intellectual or moral development (section 147 of the Labour Code).

However, the Committee observes that a general provision of this nature is not sufficient to give effect to the provisions of the Convention.

The Committee hopes that the Agreement currently being prepared on the maximum load which may be transported manually will contain the necessary provisions to limit the assignment of women and young workers to manual transport of loads other than light loads, and to establish a maximum weight which is substantially less than that permitted for adult male workers.

Article 8 of the Convention. The Committee takes note of the Government's statement, in response to its earlier comments, that the draft Agreement on the maximum load which may be transported by workers will be submitted to the most representative workers' and employers' organisations for consultation.