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.