Co-funded by the European Union

Guatemala: Regulation for the Constitution, Organization, and Operation of the Bipartite OHS Committees published

  • On 24 November 2023, Ministerial Agreement No. 486-2023 was published in the Official Gazette. 
  • It amends the Regulation for the Constitution, Organization, and Operation of the Bipartite OHS Committees of 2017, aiming to adapt companies to new technological realities, strengthen the prevention of occupational risks, and promote a safe environment.

The new framework maintains the obligation to establish a bipartite OSH committee in workplaces with ten or more employees but provides more detail on its functions. 

In particular, the OSH committee is responsible for implementing prevention plans, promoting authorised policies and monitoring compliance with prevention measures.

Different types of committees are also defined: Bipartite Committee for Occupational Health and Safety (for all companies with more than ten employees), Bipartite Company Committee for Occupational Health and Safety (in the case of a group of companies or entities that, while performing different tasks and providing services independently, are part of the same company), Bipartite Committee for Institutional Health and Safety (for the public sector) and the Bipartite Committee for Joint Administration Health and Safety (for shopping centers). 

The committees are composed of employer representatives, who are directly appointed, and worker representatives, who are democratically elected.

Committee members are considered to be at work during the meetings and must be provided with the necessary resources to perform their duties.

Finally, innovations are introduced regarding the digitisation of committees, which can meet in person but also virtually via IT and request an electronic minute book via the Ministry of Labour's platform.