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

Safety and Health in Construction Convention, 1988 (No. 167) - Guatemala (Ratification: 1991)

Other comments on C167

Observation

2011

Direct Request

2015
2011
2006
1996

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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.