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

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Guatemala (Ratification: 1996)

Other comments on C148

Direct Request

2015
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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.