Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided in the Government's last report in reply to its previous comments. The Committee 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 2 of Governmental Agreement No. 475-91 of 16 July 1991, concerning the application of ILO Convention No. 13, prohibits the use of white lead and sulphate of lead and all products containing these pigments in the painting of buildings or 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. Noting the Government's indication in its last report that consultations have not taken place, but that such permitted exceptions are envisaged, the Committee hopes that the Government will indicate the measures taken to ensure that the employers' and workers' organizations are consulted if any such exceptions are made.

Article 3, paragraph 1. The Committee previously noted that section 148 of the Labour Code prohibits the employment of males under 16 years of age and all females in dangerous or unhealthy work, to be defined in an Executive Order. The Committee notes the Government's indication in its last report that no specific regulations concerning the use of white lead have been issued. It therefore requests the Government to indicate whether any decrees have been recently issued to ensure, in particular, that all females and all males under the age of 18 are not employed in any painting work of an industrial character involving the use of white lead or sulphate of lead or other products containing these pigments, as called for by this Article of the Convention.

Article 5.II(a). The Committee previously noted that section 99 of the General Occupational Safety and Health Regulations of 28 December 1957 provides that showers should be provided in the case of operations which, by their special nature, are dangerous to health. The Committee notes the indication in the Government's last report that inspections carried out by the occupational safety and health sections of the Guatemalan Institute of Social Security and the Ministry of Labour and Social Security ensure that adequate washing facilities are provided for workers employed in dangerous or especially unclean undertakings. The Committee would be grateful if the Government would indicate the extent to which working painters using white lead, sulphate of lead and products containing these pigments, etc. in their operations have access to such facilities.

Article 5.II(b) and (c). The Committee would be grateful if the Government would indicate how Article 5.II(b) and (c) (requirement that working painters wear overalls during the whole of the working period; and obligation to make suitable arrangements to prevent clothing removed during working hours from being soiled by painting materials) is applied in practice through inspections or other means.

Article 5.III(a). The Committee notes the indication in the Government's last report that the Guatemalan Social Security Institute is the responsible competent authority handling cases of lead poisoning and suspected lead poisoning. The Committee requests the Government to indicate the manner in which these cases are notified to the competent authority and whether they are subsequently verified by a medical person appointed by the competent authority.

Article 5.IV. The Committee notes that the Government states in its last report that this provision of the Convention is applied through the application of the standards under ILO Convention No. 161 (ratified by Guatemala in 1989), and Governmental Agreement No. 359-91, in force since 16 October 1991, which sets forth the regulations for the application of Convention No. 161, including the requirement that all enterprises with over 25 workers establish an occupational health service within six months of the Agreement's entry into force. The Committee requests the Government to indicate whether any occupational health services established pursuant to Governmental Order No. 359-91, distribute instructions with regard to special hygienic precautions to be taken in the painting trade.

Article 6. The Committee noted in its previous comments that Regulation 8 of Governmental Agreement No. 475-91 provides for the supervision of the application of the Regulations concerning white lead in painting by the Ministry of Labour and Social Security. The Committee recalled that this Article of the Convention provides that the competent authority shall take such steps as it considers necessary to ensure the observance of the prescribed regulations, after consultation with the employers' and workers' organizations concerned. Noting the Government's indication in its last report that, thus far, such consultations have not been envisaged, the Committee hopes that the Government will 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 with the relevant regulations.

Article 7. The Committee reiterates its request to the Government to indicate the statistical methods adopted to determine morbidity and mortality due to lead poisoning, and to furnish any such statistics with its next report.