Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (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.