Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Asbestos Convention, 1986 (No. 162) - Guatemala (Ratification: 1989)

Legislation and other measures to give effect to the Convention. With reference to its repeated comments on the adoption of legislative measures to give effect to the Convention, the Committee notes that, according to the indications provided by the Government in its report, the Guatemalan Standards Commission (COGUANOR) prepared a technical analysis on the prohibition of the use of asbestos, which was submitted to the Ministry of Labour and Social Insurance (MTPS) to be used as a basis for the draft Government Decision regulating the use of asbestos in Guatemala. Nevertheless, the Committee notes with regret that, according to the Government’s indications, there have been no measures or progress since 2018 on this legislative project, which is now under the responsibility of the General Secretariat of the MTPS awaiting completion of pending actions. The Committee recalls that in its previous comments it emphasized the importance of adopting measures for the adoption of specific provisions with a view to: prohibiting the use of crocidolite (Article 11); prohibiting the spraying of all forms of asbestos (Article 12); setting out the requirement in law for employers to notify, in a manner and to the extent prescribed by the competent authority, certain types of work involving exposure to asbestos (Article 13); and prescribing exposure limits (Article 15). The Committee also recalls that the Convention requires the competent authority to establish a system for the authorization of employers or contractors qualified to carry out the demolition work referred to in Article 17; and to specify methods to measure the concentrations of airborne asbestos dust and determine the intervals at which such monitoring shall be carried out, and other matters relating to the monitoring of the workplace (Article 20). The Committee further recalls that, in addition to establishing the requirement for medical examinations, it is necessary to provide for the notification of occupational diseases caused by asbestos, as required by Article 21 of the Convention. In the light of the above, the Committee requests the Government to take the necessary measures without delay, in consultation with the most representative organizations of employers and workers, for the adoption of the Government Decision regulating the use of asbestos in the very near future and to ensure that it gives full effect to the Convention and takes into account the comments made in this regard. The Committee requests the Government to keep it informed of any developments in relation to the adoption of the legislative project referred to above and recalls the possibility of requesting ILO technical assistance.

[The Government is asked to reply in full to the present comments in 2027.]