Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 148) sur le milieu de travail (pollution de l'air, bruit et vibrations), 1977 - Guatemala (Ratification: 1996)

Autre commentaire sur C148

Demande directe

2015
2011
2007

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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.