Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Colombia (RATIFICATION: 1997)

CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine the application of Conventions Nos 13 (white lead, paint), 136 (benzene), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 170 (chemicals) and 174 (major industrial accidents) together in a single comment.

The Committee notes the observations of the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT), received on 1 September 2018, on the application of Conventions Nos 136 and 162, and the joint observations of the CUT, CTC and CGT, transmitted with the Government’s report, on the application of Conventions Nos 136, 162 and 174. The Committee also notes the Government’s reply, received on 20 November 2018, in relation to the 2018 observations of the CUT, CTC and CGT.

A.General provisions

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government in relation to its previous comments on Articles 9(1) and 11 (multidisciplinary nature of occupational health services and qualifications required for persons providing such services) of the Convention.

Articles 2 and 4 of the Convention. Coherent national policy on occupational health services. Implementation measures. Consultation with employers and workers organizations. With reference to its previous comments, the Committee notes the Government’s indication in its report that the National OSH Plan 2022-31 was adopted by Decision No. 3077 of 2022. The Plan was prepared in a consensual manner with all the actors in the General Labour Risks System (SGRL) and seeks to contribute to the improvement of the health and working conditions of all dependent, self-employed and own-account workers and vulnerable groups in the national territory. The Government specifies that the Plan was formulated with the participation of the National OSH Committee (of tripartite composition), Government bodies, employers and trade unions and workers. The Committee also welcomes the fact that the National OSH Plan envisages activities intended to: (i) articulate action for the surveillance of the health of workers with a view to the management of risks at the national and territorial levels (operational item 2.1); articulate action for the provision of services by health-care institutions, health promotion bodies and occupational risk administrators (ARLs) (operational item 2.2); (iii) develop and promote occupational medicine activities for the control of health risks (operational item 4.5); and (iv) promote the OHS management system (SG-SST) in enterprises and compliance with minimum standards (operational item 4.8). The Committee requests the Government to provide information on the progress achieved in the implementation of the National OSH Plan 2022-31, with particular reference to measures relating to occupational health services. The Committee also requests the Government to indicate the measures adopted for the periodic review of the Plan in consultation with the most representative organizations of employers and workers.

Articles 3 to 5. Progressive development of occupational health services for all workers. Consultation and functions. With reference to its previous comments, the Committee notes the Government’s indication in its report that, following the adoption of Decision No. 3710 of 2019, existing sectoral national OSH committees were restructured and others have been established for priority economic sectors, and that there are currently eleven committees at the national level (for the public, agricultural, health, construction, hydrocarbon, mining, electricity, transport, information and communication technology and small and medium-sized enterprise sectors and for pneumoconiosis agents), which are composed of representatives of workers, employers and State bodies, among other actors. The Committee notes this information, which addresses its previous request.

Article 5. Functions of occupational health services. 1. Adequate and appropriate functions for the occupational health risks of the enterprises. With reference to its previous comments, the Committee notes that, according to the information provided by the Government, amendments were made in 2018 and 2022 to Decree No. 1072 of 2015 issuing consolidated labour regulations, which regulates the SG-SST, which has to be implemented by all employers, irrespective of their nature or size, with the participation of workers, with a view to ensuring the application of OSH measures, the improvement of the behaviour of workers, working conditions and environment, and the effective control or risks and hazards at the workplace.

In this regard, the Committee notes that section 2.2.4.6.37 of Decree No. 1072, as amended in 2016 and 2017, provides that all public and private employers, contractors of personnel under any type of civil, commercial or administrative contract, solidarity economy and cooperative organizations, as well as temporary work enterprises, shall replace the occupational health programme by the SG-SST, as from 1 June 2017, and that as from that date a process shall be commenced which shall result in the implementation, follow up and regular inspection of the system. The Committee also notes that Decision No. 312 of 2019 has established minimum standards with which enterprises, employers and contractors must be in compliance within the framework of the SG-SST, and that the standards have been set as a function of the number of workers employed and the risk classification of their work. With reference to the latter issue, the Committee notes that the Decision establishes differentiated minimum OSH standards for three groups of enterprises, employers and contractors, classified according to the level of risk. In relation to the type of risks, the Committee notes that Decree No. 768 of 2022 approved an updated schedule of the classification of economic activities based on the type of risk involved. Recalling that in previous reports the Government indicated that the majority of the functions of occupational health services set out in Article 5 of the Convention are entrusted to occupational risk administrators (ARLs), the Committee requests the Government to provide updated information on the manner in which, within the framework of the SG-SST, such functions are implemented in each of the three groups of enterprises, employers and contractors indicated in Decision No. 312 of 2019, with an indication of whether they continue to be entrusted to the ARLs or to other entities responsible for occupational health services at the enterprise level.

2. Mining sector. The Committee notes the information provided by the Government in reply to its previous request concerning the national policy for the formalization of mining and the national mining safety policy, which has been updated by Decision No. 40209 of 2022, In particular, the Government explains that the policy was updated after a high rate of accidents and fatal occurrences had been noted in the context of the previous policy and that the updated policy has the objective of reducing that rate and improving the safety conditions of work in the mining sector through the development and implementation of a culture of prevention. Within the context of the updated policy, the objective is for the accident rate in mining in Colombia to be reduced by 40 per cent by 2025 in relation to the current rate and by 80 per cent by 2030. The Committee requests the Government to indicate whether specific measures have been adopted in practice to reinforce health services in the mining sector, and particularly: (i) the organization of first aid and emergency treatment (Article 5(j) of the Convention); and (ii) the participation of workers in analysis of occupational accidents and diseases (Article 5(k) of the Convention). The Committee also requests the Government to provide information on the implementation of the updated national mining safety policy, with an indication of the progress achieved in the reduction of the accident rate in the sector.

Article 10. Full professional independence of the personnel providing occupational health services. With reference to its previous comments, the Committee notes the Government’s indication that, in accordance with section 2.2.4.6.29 of Decree No. 1072 of 2015, with a view to complying with the requirement to carry out annual audits of the SG-SST, employers may have recourse to suitable internal personnel, who shall be independent of the activity, area or process under verification. As this provision does not address the substance of its previous comment, the Committee once again requests the Government to indicate the provisions adopted to ensure the full professional independence of the personnel providing occupational health services.

Article 14. Obligation of the employer and of workers to inform the occupational health services of any known factors and any suspected factors in the working environment which may affect the workers’ health. With reference to its previous comments, the Committee notes the Government’s indication that section 2.2.4.6.15 of Decree No. 1072 of 2015 provides that the employer shall inform the joint or monitoring OSH committee of the results of working environment evaluations so that it can issue the appropriate recommendations. The Committee requests the Government to indicate whether employers are required to transmit this information to the ARLs or other bodies responsible for health services at the enterprise level.

Article 15. Notification to occupational health services of occurrences of ill health among workers and absence from work. With reference to its previous comments, the Committee notes the Government’s indication that, following its amendment by Decision No. 2851 of 2015, section 3 of Decision No. 156 of 2005 adopting the format of employment injury and occupational disease notifications, provides that: (i) the employer or contractor shall notify the corresponding ARL of the occurrence of an occupational disease, submitting a report for that purpose within two working days of the diagnosis; (ii) workers or their representatives may submit the report to the ARL if the employer has not done so within the time limit indicated; and (iii) on the basis of the report received, among other evidence, the bodies established by law shall determine the origin of the disease. The Committee requests the Government to indicate whether measures have also been adopted to ensure that the ARLs or other entities responsible for health services at the enterprise level are informed of absences from work for health reasons in order to be able to identify whether there is any relation between the reasons for the absence and any health hazards which may be present in the workplace.

B.Protection against specific risks

1.While Lead (Painting) Convention, 1921 (No. 13)

Legislation. With reference to its previous comments, the Committee notes with interest the adoption of Act No. 2041 of 2020, guaranteeing the right of persons to develop physically and intellectually in an environment free from lead, and setting limits for its content in products commercialized in the country.

The Committee also notes the information provided by the Government in relation to its previous comments on Article 5(I) and (II) (requirement to regulate the use of white lead, sulphate of lead and any other product containing these pigments in operations for which their use is not prohibited) of the Convention.

Article 1 of the Convention. Prohibition of the use of while lead, sulphate of lead and all other products containing these pigments. Maximum authorized limit for the use of white pigments. Consultation of employers’ and workers’ organizations. With reference to its previous comments, the Committee notes that section 9 of Act No. 2041 of 2020: (i) prohibits the use, manufacture, import or commercialization in the country of architectural paint (also for decorative use or in the home or works) which contains lead in any of its forms at levels higher than those set out in the technical regulations issued by the Government; and (ii) provides that until such regulations are issued, the prohibition shall apply to architectural paint containing in excess of 90 parts per million (0.009 per cent) of lead. Recalling that, as a general rule, Article 1 of the Convention requires the prohibition of the use of sulphate of lead and all products containing these pigments in the internal painting of buildings, the Committee requests the Government to specify whether this prohibition is included in the prohibition of the use of architectural paint (also for decorative use or in the home or works) which contains lead, as envisaged in section 9 of Act No. 2041 of 2020. The Committee also requests it to provide information on the system that was used to consult the employers’ and workers’ organizations concerned prior to the adoption of the Act. It further requests the Government to provide information on the technical regulations that have been adopted with a view to establishing the maximum limits for lead permitted in paint in accordance with the recommendations of the World Health Organization and the Organisation for Economic Co-operation and Development, in conformity with sections 10 and 17 of the Act.

Also with reference to its previous comments, the Committee notes the Government’s indication in its report that project No. 9771 of the Global Environment Facility (GEF) on Global Best Practices on Emerging Chemical Policy Issues of Concern under the Strategic Approach to International Chemicals Management envisages the promotion of regulatory and voluntary action by governments and industry to phase out lead in paint. The Committee also notes the Government’s indication that the implementation of the project in Colombia commenced in 2019 and that, within the context of the project, a market study on paint in Colombia on the baseline for paint containing lead was undertaken in 2020. The Committee notes that, according to the study, white lead is almost not used in the country. The Committee requests the Government to continue providing information on the measures adopted within the context of project No. 9771 of the GEF, and particularly on those that give effect to the provisions of the Convention.

Article 5(III). Requirement to regulate the use of white lead, sulphate of lead and any other product containing these pigments in operations for which their use is not prohibited. Health surveillance and special precautions. The Committee notes that section 13 of Act No. 2041 of 2020, guaranteeing the right of persons to develop physically and intellectually in an environment free from lead, provides that: (i) prior to the entry of the worker, an initial assessment shall be carried out of the levels of lead to ensure that they are below the legal limits and if the assessment indicates that any worker is subject to exposure that is equal to or higher than those limits, the employer, together with the ARL, shall carry out regular environmental controls with a view to reducing the sources of exposure in the enterprise and the re-establishment of the health of the worker; (ii) in those workplaces in which there exists a risk of exposure to lead, the employer shall carry out an evaluation of the maximum permissible limits of lead in working environments by gathering personal samples, equipping the worker with measuring devices, taking into account the work performed, the working conditions and the duration of exposure; and (iii) the Ministry of Labour, together with the Ministry of Health and Social Protection, shall determine the methods of sampling, conditions for sampling and analysis used and supervise their implementation. The Committee also notes that section 19 of the Act provides that the National OSH Committee shall ensure the execution, evaluation and implementation of the appropriate and necessary action to contribute to the preservation of the health of workers in environments in which lead is present. The Committee takes note of this information, which addresses its previous request.

Article 7. Statistics on lead poisoning among working painters and application in practice. With reference to its previous comments, the Committee notes the Government’s indication that, according to the information provided by the ARLs, in May 2021 there were 18 diagnosed cases of illnesses due to the toxic effects of lead and its compounds, of which ten had occurred in enterprises engaged in the manufacture of electrical accumulators and batteries, and there were no references to cases of lead poisoning or presumed lead poisoning among working painters.

The Committee also notes the Government’s comments in relation to the previous observations of the CUT, in which it refers to the measures adopted to increase the number of labour inspectors, as well as the establishment in 2022 of internal labour inspection groups for occupational risks at both the central level and in various territorial departments and special offices with a view to reinforcing inspection in this respect. The Committee also notes that section 7 of Act No. 2041 of 2020 provides that the health and labour authorities, within the scope of their competences, shall reinforce control and follow-up action with a view to controlling the exposure of workers to lead. The Committee requests the Government to provide information on the measures adopted to ensure the enforcement in workplaces of the prohibition of the use of architectural paints (also for decorative use or in homes or works) containing lead, as envisaged in section 9 of Act No. 2041 of 2020.

2.Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene. With reference to its previous comments, the Committee notes the Government’s indication in its report that, although OSH standards have been adopted that are applicable to workers engaged in high-risk activities, standards have not been adopted on specific substances, such as benzene. The Committee also notes the indication by the CTC, CUT and CGT in their observations that the standards adopted by the Government do not prohibit the use of benzene or of products containing benzene and reiterate that it is necessary for the Government to identify situations of risk in all activities in which workers are exposed to benzene and products containing benzene, which should be enumerated and regulated. The Committee also notes the Government’s reference to a draft Decision adopting technical OSH regulations for the prevention and control of the risk of exposure to benzene and its compounds, which is being reviewed for its technical and legal feasibility and will subsequently be referred for consultation with the actors concerned and published to gather observations. The Committee requests the Government to continue providing information on any progress achieved in the adoption of these regulations, with a view to determining the types of work in which the use of benzene and products containing benzene shall be prohibited.

Article 5. Preventive occupational hygiene and technical measures. With reference to its previous comments, the Committee notes the Government’s indication that: (i) the guide on comprehensive evidence-based occupational health care for workers exposed to benzene and its products (GATISO-BTX-EB) was produced with a view to issuing evidence-based recommendations for the comprehensive management (promotion, prevention, diagnosis, treatment and rehabilitation of central and/or peripheral neurotoxicity associated with occupational exposure to benzene, with the indication that the Occupational Risks Department is reviewing the technical, legal and contractual feasibility of updating the guide; (ii) the ten-year plan for controlling cancer 2012-21 is still in the process of implementation at the national level, with the indication that under strategic item 1 controlling the risk of occupational carcinogens is envisaged (No. 1.5) and the objective is set of between 50 and 70 per cent of formal sector enterprises which handle the five principal occupational carcinogenic substances, which include benzene, will have levels of exposure below the permissible limit value; (iii) in 2016, the occupational cancer epidemiological surveillance system was created with the objective, for preventive purposes, of collecting and analysing reliable and updated information on the characteristics of occupational exposure, of workers exposed to carcinogenic substances and health events related to such exposure to the five carcinogenic substances referred to in the ten-year plan; (iv) in 2017, the Ministry of Labour and the National Cancerology Institute issued a booklet on the prevention of the chemical risk of exposure to asbestos, benzene and silica in motor mechanical workshops in Bogotá, with reference to the possibility of updating the booklet and issuing documents for the dissemination of preventive information; and (v) regulations are in the process of being drawn up on minimum preventive action for work involving toxic and carcinogenic substances, including benzene.

The Committee notes the indication by the CTC, CUT and CGT in their observations that the ARLs are not discharging effectively their function of providing technical support within the framework of the SG-SST and they consider it necessary for them to develop prevention mechanisms in view of the risk arising from benzene and products containing benzene. In this regard, the Government refers to the legislative provisions requiring the ARLs to provide technical advice and assistance to their member enterprises and workers in the context of the implementation of the SG-SST (section 2.2.4.6.9 of Decree No. 1072 of 2015) and regulating the promotional and preventive services for which they are responsible, including the development of risk prevention and surveillance activities and programmes in member enterprises and the provision of technical advice to carry out studies to assess occupational or industrial hygiene, the design and control of technical control measures, based on the risk level, with a view to reducing the exposure of workers to permissible levels (sections 10 and 11 of Act No. 1562 of 2012). The Committee requests the Government to continue providing information on the adoption and implementation of preventive technical and occupational hygiene measures to ensure the effective protection of workers exposed to benzene or products containing benzene, with an indication of the measures adopted in practice by the ARLs and the progress achieved in relation to the action referred to in the previous paragraph.

Article 9(1)(b). Periodic medical examinations of workers. With reference to its previous comments, the Committee notes that section 7.3.2 of the GATISO-BTX-EB indicates the manner in which surveillance must be maintained of the health of workers at risk of developing central or peripheral neurotoxicity and who are exposed to benzene and its derivatives, and that flow chart No. 4 of the guide indicates that the medical surveillance of the neurological pathology of exposed workers shall be carried out annually and if the result of the monitoring is positive, the worker concerned must be removed from exposure to benzene and its derivatives and subsequently reassessed. The Committee notes that section 1 of Decision No. 1013 of 2008 provides that the GATISO-BTX-EB is a required reference for employers and other actors in the SG-SST for the health surveillance of workers exposed to benzene and its derivatives. Nevertheless, the Committee notes the indication by the CTC, CUT and CGT in their observations that, at the operational level, the regular examinations of workers do not correspond to the specific needs and characteristics of the activities that they perform, including in the case of workers exposed to benzene. The Committee requests the Government to provide information on the implementation in practice of the directives contained in the GATISO-BTX-EB on the health surveillance of workers exposed to benzene or products containing benzene.

3.Asbestos Convention, 1986 (No. 162)

Articles 4 and 10 of the Convention. Consultation of employers’ and workers’ organizations. Replacement of asbestos or the total or partial prohibition of its use. With reference to its previous comments, the Committee notes that Act No. 1968 of 2019 provides that: (i) as from 1 January 2021, it shall be prohibited to use, produce, commercialize, import, distribute or export any type of asbestos or products containing asbestos manufactured on the national territory, but that this prohibition does not cover asbestos installed prior to that data (section 2); (ii) as from the adoption of the Act, concessions, licences and permits shall not be granted or extended for the exploitation or exploration for asbestos in the national territory (section 4); (iii) a plan for the adaptation of work and the reconversion of production shall be drawn up for workers in asbestos mines and the asbestos industry (section 5); and (iv) the National OSH Commission on asbestos, chrysotile and other fibres shall cease to function as from 1 January 2021 (section 8).

The Committee also notes the Government’s indication that, within the framework of the Act, Decree No. 402 of 2021 was adopted establishing provisions related to the prohibition of the import and export of asbestos, and the National OSH Commission on pneumoconiosis agents has been established in accordance with Decision No. 3710 of 2019. The Committee notes that sections 29 and 32 of the Decision provide respectively that the National OSH Commission on pneumoconiosis agents is a technical and operational body for the policies and guidance of the SGRL in relation to the exploitation and safe use of pneumoconiosis agents and that it includes representatives of workers and employers among its members. The Government specifies that the Commission includes representatives of the CTC, CUT and CGT.

With regard to consultation, the Committee notes the Government’s indication that: (i) the former National OSH Commission on asbestos, chrysotile and other fibres, in which representatives of the social partners participated, formed part of the working group established to discuss the draft of the Bill prohibiting the use of asbestos; (ii) it is planned to reinforce mechanisms for the consultation of the most representative organizations of employers and workers to give effect to the provisions of Act No. 1968 of 2019; and (iii) in general, in the development and adoption of all rules on asbestos, special importance will be given to consultation and dialogue with workers’ and employers’ organizations. With reference to its request in relation to Articles 4 and 17, contained in its observation on Convention No. 162, the Committee requests the Government to continue providing information on the consultations held on this subject with the most representative organizations of employers and workers concerned, including the consultations held within the context of the National OSH Commission on pneumoconiosis agents.

Articles 19 and 21. Disposal of waste and protection of the environment. Surveillance of workers’ health. The Committee notes that sections 11 and 12 of Act No. 1968 of 2019 provide respectively that: (i) the Ministry of Labour, together with other ministries, shall develop campaigns for the dissemination and promotion of the appropriate handling of installed asbestos and its processing as a hazardous waste in accordance with Decree No. 4741 of 2005, which partially regulates prevention and the handling of hazardous waste and residues produced within the context of the overall management process; and (ii) a comprehensive process shall be established for care of persons exposed to asbestos, through which information and guidance will be provided on the available rights, measures and resources, and health care, including forensic medical and specialized examinations for diagnosis and treatment. The Government indicates that, with a view to the implementation of these provisions, in 2020 virtual consultations were held on the technical guide for the environmental management of asbestos waste, published in 2015, with the environmental authorities in the country (and it is hoped to repeat them face to face) and that the Ministry of Health and Social Protection has prepared a draft Decree issuing guidance for the comprehensive process for the health care of persons exposed to asbestos. The Committee notes the indication by the CTC, CUT and CGT in their observations that the adoption of Act No. 1968 is a positive step, while also expressing concern at the situation and the transition of workers who have been working in the asbestos industry and who suffer from illnesses related to asbestos and may be diagnosed with such diseases subsequently. The Committee requests the Government to continue providing information on the measures adopted or envisaged within the framework of Act No. 1968 of 2019 to give effect to each of the provisions of Article 19 (disposal of waste and protection of the environment). It also requests the Government to provide detailed information on the measures that are being adopted to ensure the necessary surveillance of the health of workers, including following their period of employment, in accordance with Article 21.

Application in practice. The Committee notes the Government’s indication that the Las Brisas mine, located in the north of the department of Antioquia, suspended the extraction of asbestos in 2018, and that it was the only mine for the extraction of asbestos in Colombia. The Government adds that the Ministry of Labour has produced a report on the characterization of asbestos in Colombia in 2015-20, which identifies economic sectors in which there was exposure to asbestos in the production process between 2015 and 2020, and the workers exposed to asbestos over that period. In their observations, the CTC, CUT and CGT call on the Government to provide detailed information on the findings of the report and express concerns with regard to inspection, surveillance and the enforcement of Act No. 1968 of 2019. The workers’ organizations also indicate that the legislation adopted by the Government to give effect to the Convention is not implemented in practice and that there is no information on the number of inspections, penalties and measures adopted to ensure the protection of workers exposed to asbestos. The Committee requests the Government to provide its comments in this regard, and to provide information on the activities undertaken in practice by the labour inspection services, including the penalties imposed, to ensure the application in practice of the provisions of the Convention, and particularly Article 17 (demolition and removal of asbestos from buildings and structures) and 19 (disposal of waste containing asbestos).

4.Chemicals Convention, 1990 (No. 170)

Article 3 of the Convention. Measures to give effect to the Convention and consultation of employers’ and workers’ organizations. The Committee notes the Government’s indication in its report that Decree No. 1630 of 2021 envisages in section 2 the implementation of four management tools: (i) a national inventory of chemicals for industrial use, which will act as a database for storing information on the chemicals produced and imported throughout the national territory; (ii) a tool for the prioritization of chemicals, which will be contained in the national inventory and will serve to identify chemicals considered to have the greatest impact on health and the environment; (iii) the risk evaluation for health and the environment; and (iv) a programme for the reduction and management of risks to the environment and health. The Committee notes that the Decree, in section 4, also contains provisions respecting the environmental monitoring of chemicals used in industry, and monitoring of the health effects of the use of such chemicals. The Committee requests the Government to continue providing information on the measures adopted for the comprehensive management, including the risk management, of chemicals used in industry within the framework of Decree No. 1630 of 2021 and their results, as well as on the consultations held in this regard with the most representative employers’ and workers’ organizations concerned.

Articles 6, 7 and 8. Classification systems. Labelling and marking. Safety data sheets. With reference to its previous comments, the Committee notes that Decree No. 1496 of 2018 provides that: (i) its provisions shall apply throughout the national territory to all natural persons and associations, public and private, in all economic activities involving the extraction, production, import, storage, transport, distribution, commercialization and the various uses of chemicals which have at least one of the characteristics of danger in accordance with the criteria of the Globally Harmonized System for Classification and Labelling of Chemicals (GHS), irrespective of whether they are pure chemicals, diluted solutions or mixtures thereof (section 2); (ii) the classification of the hazards of chemicals shall be undertaken on the basis of the provisions of the GHS (section 4); (iii) labels and safety data sheets shall be adopted as means for the communication of hazards related to chemicals, and the labels shall contain the elements set out in the GHS (sections 1, 6 and 7); and (iv) the automotive land transport of chemicals shall be subject to the regulations respecting the road transport of hazardous goods envisaged in Decree No. 1079 of 2015, issuing consolidated regulations for the transport sector, including the applicable provisions of the GHS. After noting this information, the Committee requests the Government to indicate whether measures have been adopted to ensure that: (i) in the case of other types of transport (other than automotive land transport), the systems and criteria for classification and labelling or marking of chemicals take into account the United Nations Recommendations on the transport of dangerous goods (Articles 6(3) and 7(3)(2) of the Convention); and (ii) the classification systems and their application are progressively extended (Article 6(4) of the Convention).

Article 12(d). Keeping of records of the monitoring of the working environment and of the exposure of workers. With reference to its previous comments, the Committee notes that section 17 of Decree No. 1496 of 2018 provides that the employer shall guarantee that, in workplaces, when chemicals are handled, compliance is ensured with the provisions respecting exposure and monitoring set out in, among others, in Article 12 of the Convention and in Decree No. 1072 of 2015. In this regard, the Committee notes the Government’s reference to section 2.2.4.6.13 of the Decree, which provides that the employer shall keep, for a minimum period of 20 years following the termination of the employment relationship of the worker with the enterprise, the results of epidemiological health profiles and the recruitment, regular and retirement examinations of workers, and the results of measurements and monitoring of the working environment. The Committee requests the Government to indicate the manner in which it is guaranteed that the above information is accessible to workers and their representatives.

Article 18(3) and (4). Information to be provided to workers. With reference to its previous comments, the Committee notes that section 21 of Decision No. 773 of 2021 provides that employers shall: (i) ensure the communication of hazards to all workers in respect of hazardous chemicals to which they may be exposed (section 21.3); (ii) provide capacity-building and training for workers engaged in the handling of hazardous chemicals on labels, pictograms, safety data sheets and the GHS, among other measures, at least once a year, and on the hazards, risks and prevention measures for the safe use of and procedures for action in the event of emergencies involving chemicals (section 21.7); and (iii) ensure that workers are able, at any time, to have access to consult the safety data sheets of all the chemicals that are handled at the workplace (section 21.9). The Committee also notes that section 19 of the Decision provides that in the case of chemicals that include commercially sensitive information, the names of the chemicals, the description of their composition in mixtures, the Chemical Abstract Service (CAS) numbers may be omitted and it shall be indicated on the label and safety data sheet that it is a commercial secret, with the requirement to include the rest of the hazard information concerning the chemical concerned and to ensure that the use of the chemical is not prejudicial to the health and safety of the workers. While noting the provisions of section 21 of Decision No. 773 of 2021, which require employers to provide information to and to train workers principally in relation to hazardous chemicals, the Committee requests the Government to indicate the measures adopted to ensure that, in accordance with Article 18(3)(a) and (b) of the Convention, the workers concerned and their representatives shall have the right to: (i) information on the identity of chemicals used at work, the hazardous properties of such chemicals, precautionary measures, education and training; and (ii) the information contained in labels and the symbols of non-hazardous chemicals. With reference to Article 18(3)(d) of the Convention, the Committee requests the Government to refer to the comments made above on Article 12(d) (keeping of records of the monitoring of the working environment and of the exposure of workers). The Committee also requests the Government to indicate the measures adopted to ensure that, in accordance with Article 18(3)(d) of the Convention, the workers concerned and their representatives shall have the right to obtain any other information required to be kept by the Convention, with an indication of whether they have the right to information relating to the updated inventory of all chemicals that employers are required to keep under the terms of section 21(2) of the above Decision.

5.Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Articles 1 and 2 of the Convention. Scope of application. The Committee notes that Decree No. 1347 of 2021 provides that the provisions respecting the Programme for the Prevention of Major Accidents (PPAM): (i) shall apply throughout the national territory to natural persons and associations responsible for new and existing classified installations (section 2.2.4.12.2); and (ii) that, nevertheless, the transport of hazardous substances by, among other methods, pipes (except for pumping systems, temporary storage, definitive storage or transfer), the exploration and extraction of mineral and energy resources (with the exception of installations for processing following extraction) and sanitary fillers or safety fillers or cells (section 2.2.4.12.4). The Committee recalls the Government’s indication that the draft text of Decree No. 1347 of 2021 was referred to the National SST Committee for comment. The Committee also considers it appropriate to recall that, in accordance with Article 1(4), the Government may, after consulting the representative organizations of employers and workers concerned, exclude from the application of the Convention installations or branches of economic activity for which equivalent protection is provided. The Committee requests the Government to provide detailed information on the manner in which it is ensured that workers engaged in activities related to the transport of hazardous substances through pipes, the exploration and extraction of mining and energy resources and health and safety fillers, with the exceptions referred to above, are provided with protection equivalent to that afforded by the Convention.

Article 5. System for the identification of major hazard installations. With reference to its previous comments, the Committee notes that Decree No. 1347 of 2021 provides for: (i) a system for the classification of installations covered by the PPAM, with reference to a list of chemicals associated with major accidents and their presence above certain minimum threshold limits (section 2.2.4.12.3) and; (ii) those responsible for installations in which chemicals are present shall classify themselves the installations for which they are responsible as being classified or not classified, and register classified installations with the Ministry of Labour, in accordance with the reporting system and periods established (sections 2.2.4.12.7 and 2.2.4.12.8). The Committee notes that section 2.2.4.12.8 of the Decree provides that the Ministry of Labour shall determine the reporting system for classified installations and the reporting periods. The Committee requests the Government to continue its efforts to ensure that the classification system to which it refers is regularly reviewed and updated, in accordance with Article 5(2) of the Convention.

Article 6. Protection of confidential information. With reference to its previous comments, the Committee notes that section 2.2.4.12.15 of Decree No. 1347 of 2021 provides that information on the risks, strategies, action and behaviour to be adopted in the event of major accidents, which shall be provided by those responsible for installations classified with the Ministry of Labour, shall be considered to be information available to members of the public without them having to request it, which shall be made available to the public through the national information system for the management of the risk of disasters. The Committee notes that this provision provides that the Ministry of Labour shall establish guidance on the definition of the information to be provided to the public. The Committee also observes that the provision does not refer to the protection of confidential information. The Committee requests the Government to continue its efforts for the adoption of the necessary measures, in consultation with the representative organizations of employers and workers concerned, to ensure the protection of confidential information that employers transmit or make available to the competent authority, in accordance with Articles 8 (notification), 12 (safety report), 13 and 14 (accident report) of the Convention.

Article 8. Obligation of notification. With reference to its previous comments, the Committee notes that section 2.2.4.12.8 of Decree No. 1347 of 2021 provides that those responsible for installations in which chemicals are present shall classify themselves the installations for which they are responsible as being classified or not classified, and register classified installations with the Ministry of Labour, which shall determine the information to be reported. The Committee observes that this provision does not cover all the elements envisaged in Article 8 of the Convention in relation to the requirement for employers to notify the competent authority of any major hazard installation. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that employers notify the competent authorities: (i) of any major hazard installation which they have identified within a fixed time frame for an existing installation and before it is put into operation in the case of a new installation (Article 8(1)(a) and (b) of the Convention); and (ii) before any permanent closure of a major hazard installation (Article 8(2) of the Convention).

Article 9(d)(ii) and (iii). Information on emergency plans for the competent authorities. With reference to its previous comments, the Committee notes that Decree No. 1347 of 2021 (sections 2.2.4.12.9, 2.2.4.12.10 and 2.2.4.12.17) and Decree No. 1081 of 2015 of the President of the Republic issuing consolidated regulations for the sector (section 2.3.1.5.2.1.1(3.1)) contain provisions which give effect to this Article of the Convention. The Committee takes note of this information, which addresses its previous request.

Articles 10, 11 and 12. Safety report. With reference to its previous comments, the Committee notes that section 2.2.4.12.11 of Decree No. 1347 of 2021 provides that: (i) those responsible for classified installations shall submit the safety report to the Ministry of Labour, in accordance with the provisions issued by the latter; and (ii) the report shall be updated every five years, or in the following cases: when a major accident occurs in the installation; when evidence is found which jeopardizes the safety of the installation through inspection, surveillance and monitoring processes; where there is new technological knowledge relating to the prevention of major accidents; when the list of hazardous chemicals associated with major accidents is modified; or, finally, if new installations are identified that must be classified as a result of new projects, extensions or due to an unexpected condition during operation which presupposes a major risk and which was not identified previously. Section 2.2.4.12.25 of the Decree provides for a period of two years, from the issue of guidance by the Ministry of Labour, for existing classified installations to submit the safety report. The Committee requests the Government to continue its efforts for the adoption of the necessary measures, during the process of the development of the guidance referred to above, to ensure that the safety report for which employers are responsible is drawn up in accordance with the requirements of Article 9 (arrangements at the level of the installation), both for existing major accident installations (within the period following notification prescribed by national laws or regulations) and for any new major hazard installation (before it is put into operation), in accordance with Article 10(1) and (2) of the Convention.

Article 13. Requirement to inform the competent authority of the occurrence of a major accident. With reference to its previous comments, the Committee notes that section 2.2.4.12.12 of Decree No. 1347 of 2021 provides that those responsible for classified installations shall keep a record of incidents and report the occurrence of any major accident within a period of no more than 24 hours of such occurrence. The Committee notes that this provision also requires the Ministry of Labour to determine requirements for the reporting of major accidents. The Committee observes that this provision does not specify the competent authorities or bodies to which a major accident shall be reported, nor that the accident shall be reported as soon as if occurs. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that employers inform the competent authority and other bodies designated for this purpose as soon as a major accident occurs.

Article 14. Accident reporting. With reference to its previous comments, the Committee notes that section 2.2.4.12.13 of Decree No. 1347 of 2021 provides that, when a major accident occurs, the person responsible for the classified installation shall present a detailed report to the Ministry of Labour containing an analysis of the cause of the incident or accident, describing its immediate on-site consequences and any action taken to mitigate its effects. This section also provides that the Ministry of Labour may require the extension of or a more in-depth investigation and that it shall determine the requirements for the investigation of major accidents, as well as the procedure for the delivery of reports of the investigations by those responsible for classified installations, The Committee observes that this provision does not require the report on a major accident to be presented within a fixed time frame. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that the report on a major accident is presented to the competent authority within a pre-established time frame (Article 14(1) of the Convention).

Articles 15 and 16. Plans for emergencies outside the installation. With reference to its previous comments, the Committee notes that Decree No. 1347 of 2021 provides that the person responsible for the classified installation shall deliver to the corresponding municipal or district authorities the following: (i) the emergency and contingency plan, for the purpose of its use as a technical input for the municipal plan for the management of the risk of disasters and the emergency response strategy and that the National Unit for the Management of the Risk of Disasters shall determine the requirements for the inclusion by municipal authorities of the risk of major accidents in municipal risk management (section 2.2.4.12.17); and (ii) specific information for the purposes of territorial planning, in relation to technical analyses of the risks of major accidents included in the safety report for the purpose of the inclusion by the authorities of this information in territorial planning processes, and that the Ministry of Housing, the City and the National Territory shall determine the requirements for the incorporation of the risk of major accidents in territorial planning (section 2.2.4.12.18).

Moreover, sections 2.2.4.12.15 and 2.2.4.12.16 of the Decree provide respectively that: (i) those responsible for classified installations shall provide the Ministry of Labour with information on the risks, strategies, action and behaviour to be adopted in the event of major accidents and that this information shall be considered as information available to members of the public without them having to request it, which shall be made available to the public through the national information system for the management of the risk of disasters; and (ii) the Ministry of Labour shall deliver to the Ministry of Foreign Affairs the information to be exchanged with other States in relation to the prevention, reporting and response to major accidents which could have transboundary effects. In view of the absence of specific provisions in this regard, the Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that: (i) in the context of the territorial management of risks and the processes of territorial planning, emergency plans and procedures containing provisions for the protection of the public and the environment outside the site of each major hazard installation are updated at appropriate intervals and coordinated with the relevant authorities and bodies (Article 15 of the Convention); (ii) the information that is disseminated to members of the public liable to be affected by a major accident shall include information on safety measures and the correct behaviour to adopt in the case of a major accident, and is updated and re-disseminated at appropriate intervals (Article 16(a) of the Convention); (iii) warning is given as soon as possible in the case of a major accident (Article 16(b) of the Convention); and (iv) where a major accident could have transboundary effects, the information required in (ii) and (iii) above is provided to the States concerned (Article 16(c) of the Convention).

Article 17. Comprehensive siting policy. With reference to its previous comments, the Committee recalls the Government’s indication that there are no specific national provisions on the siting policy and it also notes that section 2.2.4.12.18 of Decree No. 1347 of 2021 provides that the Ministry of Housing, the City and the Territory shall determine the requirements for the inclusion of the risk of major accidents into territorial planning. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that the competent authority establishes a comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities, and appropriate measures for existing installations, in accordance with this Article of the Convention.

Article 18. Inspection. The Committee notes the indication by the CTC, CUT and CGT in their observations that, in the context of the ILO Conventions on labour inspection, they have reported the weakening of the labour inspection services and the urgent need to strengthen this mechanism for the enforcement of labour legislation. The Committee also notes that section 2.2.4.12.14 of Decree No. 1347 of 2021 contains provisions on inspection, surveillance and control of compliance with its provisions, as a function entrusted to the Ministry of Labour. The Committee requests the Government to refer to its comments on the application of the Labour Inspection Convention, 1947 (No. 81).

Article 20. Rights of workers and their representatives. With reference to its previous comments, the Committee notes that Decree No. 1347 of 2021 provides that: (i) the person responsible for the classified installation shall ensure the participation of workers in development of risk analyses and the emergency and contingency plan (section 2.2.4.12.19(9)); and (ii) in a classified installation, the workers shall inform the employer, contractor or the competent authorities if any potential danger that they consider could cause a major accident is not taken into account by the employer or contractor (section 2.2.4.12.20(3)). Noting the absence of specific provisions in this regard, the Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that workers and their representatives: (i) are consulted in the preparation of the safety report and accident reports (Article 20(c)(i) and (iii) of the Convention); and (ii) take corrective action and if necessary interrupt the activity where, on the basis of their training and experience, they have reasonable justification to believe that there is an imminent danger of a major accident, without being placed at any disadvantage (Article 20(e) of the Convention).

Article 22. Responsibility ofexporting countries. The Committee observes that Decree No. 1347 of 2021 does not contain provisions which give full effect to this Article of the Convention. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that when, in an exporting State, the use of hazardous substances, technologies or processes is prohibited as a potential source of a major accident, the information on this prohibition and the reasons for it shall be made available to any importing country, in accordance with this Article of the Convention.

C.Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in relation to its previous comments on Article 32 (provision of drinking water, facilities for changing clothing, and separate sanitary and washing facilities for men and women workers) of the Convention.

Article 1 of the Convention, Scope of application. The Committee notes the Government’s reply to the previous observations of the CUT, received in 2015, in which it indicates that: (i) the General Labour Risks System (SGRL) also covers workers in the construction sector, who have the same rights as any other affiliated work, since the benefits of the system apply irrespective of the activity undertaken; and (ii) in the construction sector, as of May 2022, a total of 119,553 enterprises were affiliated to ARLs, with the consequent affiliation of 957,444 dependent workers and 33,313 self-employed workers. The Committee takes note of this information, which addresses its previous request.

Articles 3, 4 and 18. Consultations with the most representative organizations of employers and workers. Legislation. Work at heights. With reference to its previous comments, the Committee notes the Government’s indication, on the one hand, that the action of the National OSH Commission for the construction sector is currently regulated by Decision No. 3710 of 2019 (section 26 of which provides that the Commission shall be composed of representatives of employers and workers, among others) and, on the other, that the Commission discussed Decision No. 4272 of 2021 establishing the minimum safety requirements for the performance of work at heights. In this regard, the Committee notes that the Decision provides for: (i) prevention measures to warn and prevent falls by persons and objects during work at heights (sections 3 and 7 to 15); (ii) protection measures to halt falls by persons and objects when they occur or mitigate their effects (sections 3 and 22 to 26); and (iii) the requirement for employers to adopt prevention and protection measures in this regard, including the establishment of a programme of prevention and protection against falls from heights, the provision to workers of the necessary protection devices and the training required to perform their work, without cost to them, and regular inspection of the equipment and systems used for the prevention and protection against falls (sections 4 to 6 and 61). The Committee requests the Government to continue providing information on the consultations held within the framework of the National OSH Commission for the construction sector, and on its results, including the measures adopted as a result of such consultations.

Article 5. Technical standards or codes of practice. The Committee notes the information provided by the Government in response to its previous request in relation to Article 5 (technical standards or codes of practice) of the Convention, in which it refers to the adoption of Decision No. 312 of 2019 establishing minimum standards with which enterprises, employers and contractors shall comply in the context of the SG-SST. The Government indicates that enterprises are required to prepare a self-evaluation report on compliance with these standards. The Committee requests the Government to provide information on the findings of the self-evaluations carried out by enterprises in the construction sector within the context of the SG-SST and on any measures adopted or envisaged in this regard.

Article 8(1) and (2). Cooperation between two or more employers undertaking activities simultaneously at one construction site. The Committee notes the Government’s indication in response to its previous request that, in accordance with section 20 of Decision No. 312 of 2019, although the SG-SST is the responsibility of each employer or contractor, they may associate to share human talent, technological resources, training procedures and activities, emergency brigades, first aid and evacuation, signalling, sports areas, road safety within the context of OHS, and may also undertake activities and develop plans and programmes jointly, without one enterprise or entity assuming or replacing the functions or obligations incumbent by law on the other. The Committee notes that this information does not address its previous request, as it does not cover the requirements of employers, contractors and/or self-employed workers undertaking activities simultaneously at one site, in accordance with this Article of the Convention. The Committee requests the Government to provide information on the measures adopted or envisaged in order to ensure that: (i) when two or more employers undertake activities simultaneously at one construction site, the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, shall be responsible for co-ordinating the prescribed safety and health measures and, in so far as is compatible with national laws and regulations, for ensuring compliance with such measures (Article 8(1)(a) of the Convention); (ii) in so far as is compatible with national laws and regulations, where the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, is not present at the site, a competent person or body at the site shall be nominated with the authority and means necessary to ensure on their behalf coordination and compliance with the measures, as foreseen in the previous subparagraph (Article 8(1)(b) of the Convention); and (iii) whenever employers or self-employed workers undertake activities simultaneously at one construction site, they shall have the duty to cooperate in the application of the prescribed safety and health measures, as may be specified by national laws or regulations (Article 8(2) of the Convention).

CMNT_TITLE

Previous comment on Conventions Nos 162, 170 and 174Previous comment on Convention No. 167: direct request

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine the application of Conventions Nos 162 (asbestos), 167 (OSH in construction), 170 (chemicals) and 174 (major industrial accidents) together in a single comment.

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 31 August 2018, on the application of Convention No. 162, as well as the Government’s comments on these observations, received on 20 November 2018.

A.Protection against specific risks

1.Asbestos Convention, 1986 (No. 162)

Legislation. The Committee notes with satisfaction the adoption of Act No. 1968 of 2019, which prohibits the use of asbestos on the national territory as from 1 January 2021 and establishes guarantees for the health protection of nationals of Colombia.

Articles 3(2) and 14 of the Convention. Periodic review of national laws and regulations. Labelling of containers and products. With reference to its previous comments, the Committee notes with interestthe adoption of Decision No. 534 of 2020 issuing specific measures respecting the labelling of products containing asbestos, giving effect to a judicial ruling of 2020, which ordered the Ministry of Labour to issue regulations on this matter. The Committee notes that the Decision: (i) provides that all products manufactured, put up for sale, imported, exported or distributed which contain any type of asbestos in any proportion shall be marked with a visible label with the wording “warning this product contains asbestos”, without prejudice to the labelling and information requirements set out in other relevant standards (section 3); and (ii) contains specific provisions requiring that the label is visible immediately, truthful and adequate (section 4). The Committee notes this information, which responds to its previous request.

Articles 4 and 17. Consultations with employers’ and workers’ organizations. Demolition and removal. With reference to its previous comments, the Committee notes that Act No. 1968 of 2019 provides for: (i) the formulation of a public policy for the replacement of previously installed asbestos within a period of five years of its promulgation (section 3); and (ii) the creation of a National Commission for the Replacement of Asbestos, which the Committee observes includes representatives of five ministries and other actors, but does not appear to include representatives of the social partners among its members (section 6). The Government specifies that the policy will be focussed on promoting the overall management of installed asbestos products and their waste, and the strengthening of technical capacities, information management, communication and awareness-raising of strategic actors, based on the implementation of a plan of action for the period 2022–30.

The Committee also notes the Government’s indication that the public policy for the replacement of asbestos is being drawn up by the chemical safety working group of the National Technical Intersectoral Commission for Environmental Health (CONASA), under the leadership of the Ministry of the Environment and Sustainable Development and with the participation of the Ministry of Labour, other Ministries, Government bodies, various actors from the private sector, academics and social organizations. The Government emphasizes that in June 2021 consultations were held and the progress made in drawing up the policy was presented to the various actors, including the National Association of Public Service and Communication Enterprises of Colombia (ANDESCO), the Colombian Fibre Association (ASCOLFIBRAS) and the Colombia Free from Asbestos Foundation (FUNDCLAS). The Committee observes that it appears that workers’ organizations have not been participating in the process of drawing up the public policy for the replacement of asbestos.

The Committee also notes that the ANDI and the IOE indicate in their observations that the materials present in constructions are fibre-cement materials in which the fibres are coated in cement as a binder and there is no indication that friable asbestos has been used in construction in Colombia. With reference to these observations, the Government reiterates that, due to the environmental and geographical conditions in Colombia, asbestos and friable insulation materials containing asbestos have not been used in construction. The Committee requests the Government to adopt the necessary measures to ensure that, within the framework of the public policy for the replacement of installed asbestos it is guaranteed that: (i) both the demolition of installations or structures containing friable asbestos insulation materials, and the removal of asbestos from buildings or structures in which asbestos is liable to become airborne, may be undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work in accordance with the provisions of the Convention and who have been empowered to undertake such work (Article 17(1) of the Convention); (ii) before starting demolition work, the employer or contractor shall be required to draw up a work plan specifying the measures to be taken, including measures to provide all necessary protection to the workers, limit the release of asbestos dust into the air and provide for the disposal of waste containing asbestos (Article 17(2) of the Convention); and (iii) the workers or their representatives are consulted on the work plan referred to above (Article 17(3) of the Convention). The Committee requests the Government to provide information on the results of these measures.

The Committee also requests the Government to provide information on: (i) the process of the preparation and implementation of the public policy for the replacement of installed asbestos; and (ii) the functioning and activities of the National Commission for the Replacement of Asbestos. Moreover, while noting the Government’s indication that it plans to strengthen consultation mechanisms with the most representative organizations of employers and workers with a view to giving effect to the provisions of Act No. 1968 of 2019, the Committee requests it to specify whether the most representative organizations of employers and workers concerned have been consulted in relation to the public policy for the replacement of installed asbestos, including within the framework of the activities of the National Commission for the Replacement of Asbestos.

2.Chemicals Convention, 1990 (No. 170)

Legislation. The Committee notes with satisfaction the promulgation of Decree No. 1496 of 2018 adopting the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The Government indicates that the draft text of the Decree was circulated in the National OSH Committee, which is a technical body composed of representatives of workers, employers and Government bodies.

Articles 9, 10 and 11 of the Convention. Responsibilities of suppliers. Responsibilities of employers for the identification and transfer of chemicals. With reference to its previous comments, the Committee notes that Decree No. 1496 of 2018 (sections 8, 9, 15 and 17), Decree No. 1076 of 2015 issuing the consolidated regulations for the environment and sustainable development sector (sections 2.2.7B.1.3.2(2) and 2.2.7B.1.2.6) and Decision No. 773 of 2021 determining the action to be taken by employers for the application of the GHS in the workplace (sections 5, 6 and 21(2), (4), (5) and (9)) contain provisions which give effect to these Articles of the Convention.

Article 18(1) and (2). Right of workers to remove themselves from danger and to be protected against undue consequences. The Committee once again urges the Government to adopt the necessary measures to ensure that workers have the right to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health and to be protected against undue consequences for doing so, in accordance with Article 18(1) and (2) of the Convention.

3.Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 4 of the Convention. National policy and consultation of employers’ and workers’ organizations. With reference to its previous comments, the Committee notes with satisfaction the adoption of Decree No. 1347 of 2021 amending Decree No. 1072 of 2015 issuing consolidated labour regulations, with a view to establishing provisions relating to the Programme for the Prevention of Major Accidents (PPAM). The Committee notes that, under the terms of sections 2.2.4.12.1 and 2.2.4.12.6 of the Decree, the PPAM includes all the comprehensive measures, procedures and interventions undertaken to increase the levels of protection of workers, the population and the environment through the management of the risk of major accidents in classified installations. The Committee also notes the Government’s indication that the draft text of the Decree was referred to the National OSH Committee in order to receive its comments. The Committee further notes that sections 2.2.4.12.21 to 2.2.4.12.23 provide for the creation, composition and functions of an interinstitutional technical working group in support of the PPAM composed permanently of representatives of various Government bodies, the responsibilities of which include the preparation of the necessary technical measures for the implementation of the PPAM. In this regard, the Committee recalls that Article 4 of the Convention provides that, in consultation with the most representative organizations of employers and workers, and in light of national conditions and practices, a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents shall be implemented and periodically reviewed. The Committee therefore requests the Government to indicate the measures adopted for the implementation and periodic review of the PPAM in consultation with the representative organizations of employers and workers.

The Committee also notes the Government’s indication concerning the preparation of draft decisions to regulate specific aspects of Decree No. 1347 of 2021, including: the design, implementation and monitoring of the management system for the prevention of major accidents; the identification of hazards, analysis, evaluation and action to deal with risks of major accidents, and the notification, reporting and investigation of major accidents. The Committee encourages the Government, during the process of the adoption of any supplementary regulations under Decree No. 1347 of 2021, to take into account the matters addressed in its direct request on Convention No. 174 with a view to ensuring the conformity of the legal framework for the prevention of major industrial accidents with the Convention.

B.Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 12(1) and (2) of the Convention. Right of workers to remove themselves from a situation of imminent and serious danger to their safety and health, and the employers’ obligation to stop the operation and evacuate workers. The Committee once again requests the Government to adopt the necessary measures to ensure that: (i) national laws or regulations provide that workers shall have the right to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety and health, and the duty to inform their supervisor immediately (Article 12(1) of the Convention); and (ii) where there is an imminent danger to the safety of workers, the employer shall take immediate steps to stop the operation and evacuate workers as appropriate (Article 12(2) of the Convention).

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 162 (asbestos), 170 (chemicals) and 174 (major industrial accidents) together.

With respect to the application of Convention No. 136, the Committee notes the observations of the General Confederation of Labour (CGT), received on 31 August 2017 and the observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2017.

Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in reply to its previous comments relating to Articles 2 (substitution of benzene with harmless or less harmful products), 4(2) (prohibition of benzene as a solvent or diluent), 6 (benzene vapour in the atmosphere), 7 (enclosed systems and evacuation of benzene vapours), 8 (personal protection measures), 9 (periodic medical re-examinations) of the Convention, as well as in response to the observations of the CUT and the CGT.

Article 4 of the Convention. Prohibition of the use of benzene. With respect to its previous comment, the Committee notes the Government’s indication in its report that the national legislation determines certain occupations in which the use of products containing more than 1 per cent benzene is prohibited, such as work using paint in the form of spray, in line with section 592 of Resolution 2400 of 1979 (certain provisions on accommodation, sanitation and safety in workplaces). The CGT also indicates that, while the use of benzene has decreased with the prohibition of its use or of products containing benzene as a solvent or diluent, there are other occupations in which workers are exposed to benzene. The CGT, CTC and CUT note that these situations of risk should be specifically listed and regulated by the Government through legislative measures. In this regard, the Committee notes that the adoption of a specific regulation on benzene was discussed at a meeting of the Subcommittee on International Affairs in 2016. The Committee requests the Government to continue providing information in this regard, including on the adoption of specific regulations on benzene.

Article 5. Preventive occupational hygiene and technical measures. The Committee notes that the CTC and the CUT indicate that the Government has not implemented in practice preventive occupational hygiene and technical measures to ensure effective protection for workers exposed to benzene. The CGT indicates that, without implementing them in practice, the following preventive plans against the risk of exposure to benzene have been adopted: (1) the guide on evidence-based comprehensive occupational health care for workers exposed to benzene and its derivatives (GATISO); (2) the ten-year plan for cancer control in Colombia, 2012 21; and (3) the national information system on cancer and cancer monitoring. The Government indicates that the guide is being revised and the Ministry of Labour concluded an agreement with the National Cancer Research Institute and the Labour Risks Administrator with a view to developing a strategy to design actions for the improvement of the conditions of occupational health in vehicle maintenance workshops in Bogota, including on measuring the concentration of benzene in the atmosphere. The Committee requests the Government to provide its comments in respect of the observations of the CGT, CTC and the CUT and to continue providing information on the adoption and implementation of preventive occupational hygiene and technical measures to ensure effective protection for workers exposed to benzene or to products containing benzene, including on the progress achieved regarding the revision of the GATISO.

Article 9(1)(b). Periodic medical re-examinations. In its previous comments, the Committee requested the Government to provide information on the intervals at which periodic re-examinations are to be carried out. The CGT notes, with regard to section 2.4(3) of the Single Regulatory Decree of the Labour Sector (No. 1072 of 2015), that the employer must monitor workers’ health by carrying out recruitment level and periodic examinations. The CGT adds, however, that this provision does not stipulate the periodicity of the medical examinations. The Government indicates that occupational medical assessments must be conducted by physicians specialized in employment medicine or occupational health in accordance with the criteria, methods and procedures defined in the systems for epidemiological surveillance or management systems, in line with the terms established in section 5 of Resolution No. 2346 of 2007 on scheduled periodic medical examinations. In this respect, the Committee notes that the legislation referred to by the Government does not provide for intervals to be fixed for medical examinations. The Committee requests the Government to provide information on the measures adopted or envisaged to fix, by national law, intervals for periodic examinations, to which workers should be subject who are exposed to benzene or products containing benzene, in line with Article 9(1)(b) of the Convention.

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government with regard to its previous comments on Article 9(a) (preventive technical measures and adequate work practices in mines), 9 and 15(2) (periodic review of exposure limits), 10 (replacement of asbestos or the total or partial prohibition of its use), 13 (notification to the competent authority), and 20(1) and (3) (measurement of the concentrations of airborne asbestos dust in workplaces and access to the records of the monitoring of the working environment and of the exposure of workers to asbestos) of the Convention, as well as in response to the observations of the CTC, CUT, the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI) to which it referred in its previous comments.

Article 4 of the Convention. Consultations. In its previous comments, the Committee noted that the workers’ and employers’ representatives had been invited to participate in the work of the Occupational Health Commission on Chrysotile Asbestos and Other Fibres (hereinafter the Commission on Asbestos) and requested the Government to provide information on the consultations held in this Commission. The Government indicates that the Commission on Asbestos is composed of representatives of the CTC, CUT and the CGT, which periodically attend its meetings. The ANDI indicates that its representatives were consulted in the plenary of the Commission on Asbestos about measures to give effect to the provisions of the Convention, including the possibility of adopting the necessary preventive and protection measures for workers in the informal economy. The Committee notes that Bill No. 061 of 2017 (on the prohibition of the use of asbestos in the national territory and the establishment of guarantees for the health of the Colombian people), presented in August 2017, provides for the dissolution of the Commission on Asbestos and the establishment of the National Commission for the substitution of Asbestos. The Committee notes, however, that section 5 of this Bill does not include the worker and employer representatives among the members on the Commission. The Committee requests the Government to provide information on the measures adopted or envisaged for consultation with the most representative workers’ and employers’ organizations to give effect to the provisions of the Convention.

Article 9(a). Preventive technical measures and adequate workplace practices in mining. In its previous comments, the Committee requested the Government to provide information on the safety measures in mining in Antioquia. The Committee notes that the Safety Regulation on Underground Mining (Decree No. 1886 of 2015) sets out the minimum standards for the prevention of risks in underground mines and the corresponding surface area, including the application of preventive and safety measures, and penalties drawn up by the competent authority, in line with sections 244 to 261 of the above Regulation. In accordance with section 32 of the Occupational Risk System (Act No. 1562 of 2012), the inspection, monitoring and enforcement of the mining safety standards fall to the National Mining Agency of the Ministry of Mines and Energy. The Government details the inspection and monitoring actions in mines, including the administrative stages for investigations and sanctions of the Territorial Directorate of Antioquia of the Ministry of Labour.

Article 10. Replacement of asbestos or the total or partial prohibition of its use. In its previous comment, the Committee requested the Government to provide information on the outcome of the examination of the possibility of the replacement of asbestos or the total or partial prohibition of its use. The Committee notes that the CGT, CTC and the CUT indicate that some enterprises in Colombia have replaced asbestos with other inoffensive or less harmful products or materials without losing competition or laying off workers and invites the Government to adopt measures in this respect. The Government indicates that it intends to pursue the implementation of a legislative framework to, by surpassing existing regulations to ensure the safe use of asbestos, prohibit the use and handling of asbestos. The Government indicates, however, the a bill on the prohibition of the production, commercialization, export, import and distribution of any kind of asbestos in Colombia, presented in 2015, was unsuitable without carrying out a prior examination concerning the impact that the prohibition of asbestos would have on employment. The Government adds that Bill No. 061 of 2017, presented in August 2017 and welcomed by the Ministry of Labour, was adopted in October 2017 by the VII Commission of the Senate at its first sitting. The Committee requests the Government to continue providing information on the measures adopted or envisaged for the replacement of asbestos or the total or partial prohibition of its use when necessary for the protection of workers’ health and where technically possible.

Chemicals Convention, 1990 (No. 170)

The Committee notes the information provided by the Government in reply to its previous comments on Articles 3 and 4 (consultation), 12(a), (b), (c) (exposure), 13 (employers’ obligation to evaluate the risks and ensure the protection of workers), 15 (information and training), and 17 (workers’ obligations) of the Convention, as well as on the informal sector and the differences in the monitoring in enterprises using chemicals.

Articles 3 and 4 of the Convention. Consultation with the most representative employers’ and workers’ organizations and national policy. In its previous comments, the Committee requested the Government to provide information on the impact of Decree No. 2923 of 2011 (Quality Control System related to the General Occupational Risk System). The Government indicates that this Decree establishes the framework to improve the outcome of occupational safety and health action by developing minimum health standards. The Committee notes the Government’s indication that, in accordance with ILO guidelines on continual improvement through the implementation of an Occupational Safety and Health Management System, the following were adopted: (a) Act No. 1562 of 2012 which provides for the amendment of the Occupational Risk System; (b) Decree No. 1443 of 2014 which sets out provisions for the implementation of the Occupational Safety and Health Management System, compiled by the Single Regulatory Decree of the Labour Sector No.1072 of 2015; and (c) Decree No. 52 of 2017 on the transition to the Occupational Safety and Health Management System, which, from 1 June 2017, replaces the Occupational Health Programme. The Committee also requested the Government to provide information on the consultation with the social partners on the measures intended to give effect to the provisions of the Convention and the safety policy related to the use of chemicals in workplaces. The Government indicates that, at enterprise level, the Occupational Safety and Health Management System should be applied by the employer with the participation of the workers and that the employer should oversee the participation of all workers and their representatives in the Joint Committee on Occupational Safety and Health or the other occupational safety and health oversight mechanisms, in the implementation of policies, activities, programmes and of the Occupational Safety and Health Management System, in line with sections 4 and 8(9) of Decree No. 1443 of 2014. At the national level, consultations were carried out in the National Council on Occupational Safety and Health, a body of the General Occupational Risk System established by Decree No. 1925 of 1994. Furthermore, in line with section 8 of Act No. 1437 of 2011 (Code of Administrative Litigation Procedure), all draft standards are subject to public consultation.

Articles 6, 7 and 8. Classification systems. Labelling and marking. Safety data sheets. In relation with its previous comments, the Committee notes the Government’s indication that the National Intersectoral Technical Commission on Environmental Health (CONASA), set up in 2010 whose main function is to promote the effective coordination between the environmental and health policies and strategies, is tasked, in cooperation with the Chemical Safety Forum, with the implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (SGA) which, in sections 1.4 and 1.5, establishes the harmonized criteria for the notification of hazards through labelling and data sheets. The Government indicates that a draft Decree for the incorporation of the SGA at the national level is being adopted. The Committee requests the Government to continue providing information on the measures adopted or envisaged for the establishment of specific systems and criteria for the classification of all chemicals, including labelling and marking, and to ensure employers are provided with safety data sheets, in conformity with Articles 6, 7 and 8 of the Convention.

Article 12(d) of the Convention. Keeping of records of the monitoring of the working environment and of the exposure of workers. With respect to its previous comment, the Committee notes that sections 155–162 of Resolution No. 2400 of 1979 establish requirements for the adoption of necessary measures for the effective control of harmful substances which may compromise the health of workers owing to the chemical risks to which they are exposed, including exposure limits and their assessment. In line with sections 15(3) and 31 of Decree No. 1443 of 2014, the employer must inform the Joint Committee on Occupational Safety and Health or other occupational safety and health oversight mechanisms of the results of the assessments of the working environment. The Committee notes, however, that the Government does not indicate whether employers must ensure that the records of the monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept for the prescribed period by the competent authority. The Committee requests the Government to provide information on the measures adopted or envisaged to give effect to Article 12(d) of the Convention.

Article 13. Obligation of employers to assess risks and ensure the protection of workers. With respect to its previous comments, the Committee notes that within the framework of the Occupational Safety and Health Management System established by Decree No. 1443 of 2014, the employer must establish an occupational safety and health policy which must, as a minimum, include the following objectives: (1) identify hazards, assess and classify risks, and establish the respective controls; (2) protect the safety and health of all workers, by continually improving the Occupational Safety and Health Management System in enterprises; and (3) comply with the relevant national regulations in force on occupational risks. Furthermore, under the terms of the above Decree, the employer shall use additional methods to complement the assessment of the occupational safety and health risks in chemical-related hazards; when, in the productive process, potentially carcinogenic substances are involved, these should be assessed as a priority, irrespective of the dose and level of exposure. Section 25 of the Decree establishes measures for the prevention, preparation and response to emergencies, including first aid care. The Government also indicates that the compliance of employers with these obligations is guaranteed by monitoring and control of the Ministry of Labour (Decree No. 4108 of 2011 on the objectives and structure of the Ministry of Labour), the occupational risk administrators (Decree No. 1295 of 1994 on the General Occupational Risk System), and the Joint Committee on Occupational Safety and Health or other occupational safety and health oversight mechanisms.

Application of the Convention in the informal sector. In its previous comments, the Committee requested the Government to make efforts to ensure the application of the Convention in all economic activity branches in which chemicals are used, including in the informal sector. The Government indicates that with resources from the Occupational Risk Fund, actions have been carried out for the promotion of health and the prevention of occupational risk directed at informal sector workers, with priority given to the agricultural sector with respect to chemical risk prevention.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 6 of the Convention. Protection of confidential information. In relation to its previous comment, the Committee notes that Chapter II of the draft decree of 2017 on the adoption of the major accident prevention programme contains several provisions on the communication of information to the public, including on the guidelines for the definition of minimum information to be provided to the public. The Committee notes that the draft decree does not refer to the protection of confidential information. The Committee requests the Government to continue its efforts to adopt the necessary measures to enable the competent authority, following consultation with the most representative workers’ and employers’ organizations concerned, to take special measures to protect confidential information that employers transmit or have available, in accordance with Articles 8 (notification), 12 (safety report), 13 and 14 (accident report) of the Convention and to provide information in this respect.

Article 8. Obligation of notification. With respect to its previous comments, the Committee notes that section 8 of the above draft decree establishes that the Ministry of Labour shall define the information to be reported by those responsible for identified installations. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that employers notify the competent authorities of any major hazard installation within a fixed time-frame for an existing installation and before it is put into operation in the cases of a new installation, as well as before any permanent closure of a major hazard installation, in conformity with Article 8 of the Convention and to provide any information in this respect.

Article 9(d)(ii) and (iii). Information on emergency plans for the public authorities. In its previous comment, the Committee requested the Government to provide information on the effect given to each subparagraph of this Article of the Convention. The Committee notes that, in accordance with section 12 of Decree No. 1443 of 2014, the employer must keep the documents provided for in Article 9 of the Convention available and duly up to date. In relation with the above draft decree, the Committee notes that: (a) section 8 establishes that the Ministry of Labour shall define the information that those responsible for the identified installations shall report; (b) in line with Articles 9 and 10, all the installations identified should implement the Safety Management System for the Prevention of Major Industrial Accidents, which includes the emergency plan. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that employers provide information on potential accidents and site emergency plans, and consult the authorities and bodies responsible for the preparation of emergency plans and procedures for the protection of the public and the environment outside the site of the installation, in line with paragraph (d)(ii) and (iii) of Article 9 of the Convention.

Articles 10, 11, and 12. Safety report. With respect to its previous comment, the Committee notes the Government’s indication that within the Technical Advisory Committee for Technological and Industrial Accidents (CNARIT) and the Committee on Chemical Accidents, an analysis is being performed of the parameters for the preparation of the safety report, in conformity with the Convention. Furthermore, section 11 of the above draft decree sets out that the safety report shall contain technical, managerial, preventive and operational information in relation with the hazards and risks of an identified installation, and the grounds for the measures adopted for the safety of the installation. Those responsible for the installations identified shall be bound to present the safety report to the Ministry of Labour at five-yearly intervals or before if a major accident occurs in the installation. The Committee notes that this provision does not provide for the reviewing, updating and amending of the safety report in the event of a modification which has a significant influence on the level of safety in the installation or its processes or in the quantities of hazardous substances present. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that the employers fulfil their duties to prepare, review, update, amend and transmit to the competent authority the safety report, in conformity with Articles 10, 11 and 12 of the Convention and to provide information in this respect.

Article 13. Obligation to inform the competent authority of the occurrence of a major accident. With respect to its previous comments, the Committee notes that section 12 of the above draft decree establishes, in conformity with Article 13 of the Convention, that in the event of a major accident, those responsible for the identified installations shall report to the bodies designated in the emergency plan as soon as possible. The Committee requests the Government to adopt the necessary measures to ensure that employers inform the competent authority and other bodies designated for this purpose as soon as a major accident occurs, in conformity with Article 13 and to provide information in this respect.

Article 14. Accident report. With respect to its previous comments, the Committee notes that, in accordance with section 12 of Decree No. 1443 of 2014, the employer must keep the reports and investigations into the incidents, and occupational accidents and diseases, in accordance with the legislation in force, available and up-to-date. The Committee notes that section 12 of the above draft decree sets out that, in the event of a major accident or a near miss, those responsible for the identified installations shall report within a period not exceeding 24 hours after the incident, as established by the Ministry of Labour. The report shall be progressively developed until full information is obtained, according to the particularities of the incident and the guidelines in this respect. In line with this section, the Ministry of Labour, with the support of the Ministries of the Environment and Sustainable Development, of Health and Social Protection, and of the National Unit for Disaster Management shall determine the minimum information for the major accident report, the guidelines, the reporting channels and the instruments that should be used, within 24 months of the publication of the decree. The Committee requests the Government to continue its efforts to adopt the necessary measures to give effect to Article 14 of the Convention.

Articles 15 and 16. Plans for emergencies outside the installation. The Committee notes that Chapter II of the above draft decree contains several provisions on communication of information to the public, including for the incorporation of major hazard installations into municipal-level risk management. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that emergency plans and procedures containing provisions for the protection of the public and the environment outside the site of each major hazard installation are established, updated at appropriate intervals and coordinated with the relevant authorities and bodies, in conformity with Articles 15 and 16 of the Convention.

Article 17. Comprehensive siting policy. With respect to its previous comments, the Committee notes the Government’s indication that there are no specific national provisions to implement the siting policy. Furthermore, Decree No. 879 of 1998 (land-use plans at municipal and district levels, and land development plans) referred to by the Government, does not provide for adequate separation of major hazard installations from working and residential areas and public facilities, or appropriate provisions in that respect with regard to the existing installations. The Committee notes that section 18 of the above draft decree sets out that the Ministry of Housing, Urban Affairs and Land, with the support of the National Unit for Disaster Risk Management, shall define, within 36 months of the publication of the decree, the guidelines for the incorporation of major hazards into land planning. The Committee requests the Government to continue its efforts to ensure that a comprehensive siting policy is adopted by the competent authority, in conformity with Article 17 of the Convention and to provide information in this respect.

Article 18. Inspection. The Committee notes the observations of the CTC and CUT on the difficulties of the national system of inspection, monitoring and control ensuring compliance with national legislation on the prevention of major industrial accidents. The Committee requests the Government to provide its comments in this respect.

Article 20. Rights and duties of workers and their representatives. In its previous comments, the Committee requested the Government to take the necessary steps to ensure that workers and their representatives are consulted through appropriate mechanisms for cooperation. The Committee notes the observations of the CUT on the lack of a cooperation mechanism at the enterprise level. The Committee notes that the provisions of Decree No. 1443 of 2014 give effect to the requirements of Article 20(a), (b), (d), and the first part of (f). The Committee notes, nevertheless, that the Government does not indicate the measures adopted to ensure that workers and their representatives: (a) are consulted in the preparation of the safety report, the emergency plans and procedures, and the accidents reports; (b) take corrective action and if necessary interrupt the activity where, on the basis of their training and experience, they have reasonable justification to believe that there is an imminent danger of a major accident; and (c) have the right to notify the competent authority of any potential hazards they consider capable of generating a major accident. The Committee requests the Government to adopt the necessary measures to give effect to Article 20(c), (e) and the second part of (f) and to provide information in this respect.

Article 16(c) and 22. Cooperation and coordination in the case of a major accident with transboundary effects. Responsibilities of exporting countries. The Committee notes that section 16 of the above draft decree establishes that the Ministry of Labour shall provide to the Ministry of Foreign Affairs the information to be exchanged with bordering countries in relation with the prevention, reporting and response to major accidents that could have a transboundary effect. The Ministry of Foreign Affairs, with the support of the National Unit for Disaster Risk Management, and the Ministries of the Environment and Sustainable Development, of Health and Social Protection and of Labour, shall define the guidelines for the Exchange of information mentioned in this section within 12 months of the publication of the present decree. The Committee requests the Government to continue its efforts to adopt the necessary measures to: (a) when hazardous substances, technologies or processes, the use of which is prohibited at the national level, are exported, the information on this prohibition and the reasons for it are made available to all importing countries, in accordance with Article 22 of the Convention; and (b) where a major accident could have transboundary effects, the information required is provided to the States concerned, in accordance with Article 16 of the Convention.

[The Government is asked to reply in full to the present comments in 2018.]

CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of the ratified occupational safety and health Conventions, the Committee considers it appropriate to examine Conventions Nos 162 (asbestos), 170 (chemicals) and 174 (major industrial accidents) together.

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), and the observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), on the application of Convention No. 162, which were received in 2016. The Committee also notes the observations of the CTC and the CUT on the application of Convention No. 174, received in 2015, and the Government’s reply in this regard.

Convention No. 162: Asbestos

Articles 3(2) and 14 of the Convention. Periodic review of national laws and regulations. Labelling. In its previous comments, the Committee indicated that, for the purposes of the Convention, products which contain less than 1 per cent of asbestos are not considered as products “free of asbestos”. Accordingly, with a view to ensuring that the labelling of products is in conformity with the Convention, the Committee urged the Government to provide information on the measures adopted to re-examine the concept of “free of asbestos”, as set out in the Regulations on health and safety in relation to chrysotile and other fibres of similar use (Decision No. 007 of 4 November 2011 of the Ministry of Health and Social Security). The Committee notes the Government’s indication in its report that the matter is being assessed and it is hoped to reach agreement with the social partners on the referral for consideration to the National Occupational Safety Commission on Chrysotile Asbestos and Other Fibres of the re examination of the standard as indicated by the Committee and accordingly to consider, determine and update the concept of “free of asbestos”. In this respect, the ANDI and the IOE indicate that they would support the development of a technical document to supplement the Decision and clarify the prevention and protection measures that are necessary under the Convention. The Committee requests the Government to provide information on the outcome of the consultations and the decision that is adopted in relation to the re-examination of the regulatory definition of “free of asbestos” and to ensure that all products containing asbestos are labelled in accordance with Article 14 of the Convention. It also requests the Government to provide information on the measures taken to monitor the application of Article 14 of the Convention in practice.

Article 17. Demolition work. In its previous comments, the Committee requested the Government to establish a system under which only employers or contractors who are qualified can carry out the types of work referred to by this Article of the Convention and which would give effect to the requirement for the employer or contractor to draw up a workplan, as provided in Article 17(2). The Government indicates that, in view of the geothermic situation of the country, asbestos and friable insulation materials containing asbestos have never been used in construction. The Government also indicates that regulation No. 4.5 of the Regulations on health and safety in relation to chrysotile and other fibres of similar use contains provisions on construction, modification, demolition and removal work, in accordance with Article 17(2) of the Convention. However, the Government adds that the current regulations do not provide for a system under which only employers or contractors recognized by the competent authority as qualified may carry out the types of work referred to in this Article of the Convention. The ANDI and the IOE also indicate that they would support the development of a technical document to supplement the Regulations and ensure compliance with the requirements of Article 17 of the Convention. Noting the Government’s explanations and the position of the ANDI and the IOE in this regard, the Committee once again requests the Government to take the necessary measures to ensure that only employers or contractors recognized by the competent authority as qualified may carry out the types of work referred to in Article 17 of the Convention.

Convention No. 170: Chemicals

Article 9 of the Convention. Responsibilities of suppliers. With reference to its previous comments on the responsibilities of suppliers, the Committee notes the Government’s reference to Decisions Nos 331 of 1993 and 399 of 1997 of the Andean Community. However, these decisions only apply to the international road transport of goods and to international multimodal transport, and do not cover the provisions of the Convention. The Committee once again requests the Government to provide information on the measures adopted or envisaged in respect of the responsibilities of suppliers, whether they are manufacturers, importers or distributors of chemicals, in accordance with Article 9 of the Convention.

Articles 10 and 11. Responsibilities of employers for the identification and transfer of chemicals. With reference to its previous comments, the Committee notes the Government’s indication that a draft Decree for the transposition to the national level of the Globally Harmonized System of Classification and Labelling of Chemicals is in the process of being adopted. The Committee requests the Government to ensure that the Decree in the process of being adopted provides for the responsibilities of employers with respect to the identification and transfer of chemicals, in accordance with Articles 10 and 11 of the Convention.

Article 18. Rights of workers to remove themselves from danger and to obtain information. With reference to its previous comments, the Committee notes that, in accordance with section 3 of Decision No. 2400 of 1979 (certain provisions concerning accommodation, and health and safety at the workplace), workers are required to notify immediately their superiors of the existence of defects or faults in plant, machinery, work processes and operations and the hazard control system. The Committee nevertheless observes that the provision referred to by the Government does not specifically establish the right of workers to remove themselves from danger and to obtain the information set out in Article 18(3) and (4) of the Convention. The Committee once again requests the Government to provide information on the measures adopted or envisaged to establish the right of workers: (a) to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health, and to be protected against undue consequences of such action; and (b) to obtain information in accordance with Article 18(3) and (4) of the Convention.

Convention No. 174: Prevention of major industrial accidents

Article 4 of the Convention. National policy and consultation of the social partners. In its previous comments, the Committee requested the Government to provide information on: (a) the content of the national policy, specifically in relation to the risk of major accidents with respect to protection of workers, the public and the environment; and (b) the consultations held with the social partners in this regard. The Committee notes that, within the framework of Act No. 1523 of 2012 (national policy and national system for the management of the risk of disasters), Decree No. 308 of 2016 (National Plan for the Management of the Risk of Disasters, (PNGR 2015–25)) was adopted and envisages the implementation of various information management projects relating to the risk of disasters of technological origin. The Committee also notes the preliminary draft of the Decree on the adoption of the Programme for the Prevention of Major Accidents transmitted by the Government. The Government indicates that the draft Decree has received comments from the various actors in the National System for the Management of the Risk of Disasters in the context of the Technical Advisory Commission on Industrial and Technological Risks (CNARIT), established as part of the national policy under Decision No. 1770 of 2013. The Government adds that the draft Decree was opened to public consultation on 31 October 2017 for a period of 14 days, during which comments were received from the public. Nevertheless, the Committee notes the observations of the CUT on the lack of participation by workers’ representatives in the CNARIT and in other inter-institutional dialogue bodies envisaged by the national system for the management of the risk of disasters. The Committee also notes that the draft Decree does not apply to the exploration and extraction of mineral and energy resources or to sanitary landfills and security landfills or cells. In this respect, the Committee recalls that, in accordance with Article 1(4) of the Convention, the Government may, after consulting the representative organizations of employers and workers concerned, exclude from the application of the Convention installations or branches of economic activity for which equivalent protection is provided. The Committee requests the Government to provide information on the measures adopted or envisaged for the consultation of the most representative organizations of employers and workers in relation to the formulation, implementation and periodic review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee requests the Government to provide detailed information on the manner in which the exploration and extraction of mineral and energy resources and sanitary and security landfills are covered by protection equivalent to that set out in the Convention.

Article 5. System for the identification of major hazard installations. In its previous comments, the Committee requested the Government to adopt measures for the identification of major hazard installations in consultation with the social partners. The Committee notes the observations of the CUT concerning the absence of a system of identification. The Committee also notes that the third follow-up and evaluation report of the PNGR (August 2017) emphasizes the progress made in relation to the classification and enumeration of hazardous installations due to chemical risks. In this regard, sections 7 and 8 of the draft Decree on the Programme for the Prevention of Major Accidents establishes a mechanism to compile information on installations exposed to the risk of major accidents, which shall be determined by the Ministry of Labour during the 12 months following the publication of the Decree. The Committee requests the Government to provide information on the progress achieved, in consultation with the most representative organizations of employers and workers and other interested parties who may be affected, in the establishment of a system for the identification of major hazard installations, in accordance with Article 5 of the Convention.

The Committee is raising other matters relating to the application of the occupational safety and health Conventions (protection against specific risks) in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2018.]

CMNT_TITLE

With reference to its observation, the Committee requests the Government to provide information on the following additional points.

Article 6 of the Convention. Special provision to protect confidential information transmitted or made available in accordance with Articles 8, 12, 13 or 14, so long as this provision does not lead to serious risk to the workers, the public or the environment. The Committee notes that the Government refers to the protection of information on workers’ health. However, the information referred to in this Article is that specified in Articles 8 (Existence and closure of any major hazard installation), 12 (Safety reports), 13 and 14 (Notification and detailed report of a major accident, including its causes and consequences). Please provide information on the protection measures referred to in this Article read in conjunction with Articles 8, 12, 13 or 14 of the Convention, including information on the competent authority and the consultations held with the representative employers’ and workers’ organizations concerned.

Article 8. Notification of the existence and closure of any major hazard installation. The Committee notes that the Government refers to Act No. 1450 of 2011, section 218 of which regulates the national inventory of disaster-prone settlements. Please indicate whether the content of “disaster-prone settlements” covers the definition of “major hazard installation” set out in Article 3(1)(c) of the Convention. Please also provide information on notification as referred to in Article 8 of the Convention.

Article 9. Documented system of major hazard prevention. The Committee notes that the Government supplies information on the minimum health measures to be taken by work centres, the establishment of an occupational health programme and an occupational health programme for all enterprises. The Committee points out, however, that this Article requires a system with very specific measures, which are set forth in subparagraphs (a)–(g). The Committee requests the Government to provide detailed information on the effect given to each subparagraph of this Article in respect of major hazard installations.

Articles 13 and 14. Notification and detailed report on major accidents, including causes and consequences. The Committee notes that the information send by the Government refers to the notification of occupational accidents. The Committee points out that these Articles of the Convention refer to major industrial accidents as defined in Article 3(1)(d) of the Convention. Please take the necessary measures to give effect to these articles of the Convention and to provide information in this regard.

Article 17. Comprehensive sitting policy for major hazard installations. The Committee notes that, according to the Government, as regards workplaces, responsibility for the appropriate separation of major hazard installations from working areas lies with the Ministry of Labour. As regards the siting of major hazard installations in relation to residential areas and public facilities, the Government indicates that the State deals with these matters through the National System for Disaster Prevention and Assistance. The Committee notes that the Government refers to a series of preventive functions pertaining to the Disaster Prevention and Assistance Directorate, and gives the titles of numerous laws which do not appear to be fully relevant to this Article of the Convention. The Committee requests the Government to specify the provisions of the laws that implement the comprehensive siting policy arranging for the separation of proposed major hazard installations from working and residential areas and public facilities, which draws on Part II of the Convention (periodic review of the policy by the competent authority after consultation with the most representative organizations of employers and workers and with other interested parties who may be affected).

Article 20. Rights of workers and their representatives. The Committee notes that the Government supplies information on the rights of workers in general rather than those specific to major accidents. Furthermore, since, as the Committee observed in its comments on Articles 10, 11 and 12, the information supplied by the Government is not clear as to the existence of safety reports, and workers are therefore unable to exercise their rights in respect of such reports as subparagraph (c) of Article 20 of the Convention requires. The Committee requests the Government to take the necessary measures to give effect to this Article 20 of the Convention and to provide information on them for each paragraph.

CMNT_TITLE

The Committee notes the Government’s detailed report of 31 August 2013 and the joint communication of 29 August 2013 of the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC), forwarded to the Government on 16 September 2013. The communication of the CUT and the CTC contains detailed comments on the Government’s report. The salient points of their comments are that the report brings to light a lack of clarity in the Government’s understanding of the concept of major industrial accidents, as it sometimes provides information on industrial accidents, and on other occasions it refers to disasters of various kinds. In their view, such ambiguity is alarming and has repercussions in terms of failure to apply the Convention. They give detailed allegations of non-compliance with Articles 4, 5, 6, 8, 9, 12, 13, 14, 15, 18, 19, 20 and 21 of the Convention. The Committee requests the Government to make any comments it deems fit so that they can be examined together with the communication from the CUT and the CTC.

Article 4 of the Convention. Formulation, adoption, implementation and review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the information in the Government’s report that the formulation, adaptation and review of occupational risk policies as they concern national circumstances and practice regarding the prevention of major accidents are carried out by the National Committee and sectional occupational health committees, the National Council on Occupational Hazards and the national occupational health committees. The Government also indicates that the Ministry of Labour implements activities, programmes and policies for the prevention of major accidents, in accordance with sections 9, 10 and 11 of Act No. 1562 of 2012. The Committee notes that section 9 provides that the occupational risk management bodies and the Ministry of Labour shall supervise high-risk enterprises as a matter of priority or through suitable third parties, in particular with regard to the implementation of the Occupational Health Programme, occupational risk monitoring systems and the special promotion and prevention measures; and that section 10 refers to micro and small enterprises and section 11 to occupational risk protection and promotion services. The Committee observes, however, that the information supplied by the Government is not relevant to the content of this Article of the Convention. As the Committee has pointed out before, one of the main objectives of the Convention is to ensure that governments take the requisite measures to prevent major industrial accidents so that their effects can be minimized in so far as is reasonably possible. The focus of this Convention is not only on the management of accidents in such installations, nor on environmental law, but on the management of major industrial accidents to which not only workers, but also the environment and the public are exposed. Although national policy issues are closely related to the matters covered by the national occupational safety and health policy, the national policy issues that are specific to this Convention differ in terms of their objective and focus. Neither labour legislation, nor environmental legislation, is sufficient to give effect to the present Convention. Indeed, as indicated in paragraph 1 of Article 4, the policy has to be a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents, and consultations have to be held with the representatives of employers and workers, and also with other interested parties that may be affected. The Committee requests the Government to indicate the most representative organizations of employers and workers consulted and to specify the other parties concerned who may be affected and who must therefore be consulted in accordance with this Article of the Convention. It would also be grateful if the Government would provide information on the content of its national policy specifically concerning the risk of major accidents for the protection of workers, the public and the environment.

Article 5. System for the identification of major hazard installations, as defined in Article 3(c) of the Convention. The Committee notes the Government’s indication that major hazard installations are identified in occupational health programmes or occupational safety and health management systems, and, as part of state policy, the Ministries of Health and Social Welfare, the Interior, and Justice, and municipalities, town planners, fire brigades and law enforcement authorities keep registers of hazardous installations and substances. The Government adds that those responsible for determining whether work centres are high risk are first and foremost the employers, followed by the health and works authorities and the Ministry of Labour, which keep registers. The Committee notes that it is not clear from this information that a system for the identification of major hazard installations or a competent authority exists within the meaning of this Article of the Convention. The Committee reminds the Government that Article 5 of the Convention provides that the competent authority or a body approved or recognized by the competent authority shall, after consulting the most representative organizations of employers and workers and other interested parties who may be affected, establish a system for the identification of major hazard installations as defined in Article 3(c), and it requests the Government to take the necessary measures to give full effect to this Article and to provide detailed information on these matters, including on consultations, the competent authority and the system of identification referred to in this Article of the Convention.

Articles 10, 11 and 12. Safety report. Review, updating and amending the safety report. Transmission to the competent authority. The Committee notes that, according to the Government, enterprises have occupational preventive medicine programmes and industrial safety and health programmes and that the subprogrammes establish that enterprises must have a complete overview of risk factors for the purposes of prevention and information. Furthermore, employers are required to make available the occupational health programme, signed by the employer and the official responsible. The Committee points out that not all documents concerning occupational safety and health conditions constitute a safety report within the meaning of Article 10 of the Convention, and notes that it is not clear from the information sent by the Government that a safety report is produced. In so far as there is no evidence that such a report exists, effect cannot be given to Articles 11 (updating) and 12 (transmission) of the Convention. The Committee observes that the safety report referred to in these Articles of the Convention is a specific document to be prepared by employers in accordance with the provisions of Article 9 of the Convention, and requests the Government to take the necessary steps to give effect to this Article of the Convention and to provide information on this point.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Articles 4 and 17 of the Convention. Formulation, adoption, implementation and review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. Comprehensive siting policy. The Committee notes the Government’s reference to the National Plan for the Prevention of Occupational Cancer, which is not relevant to the present Convention, and that it has not provided the information requested in its previous comments. Furthermore, in its previous comment, the Committee reached the conclusion that the legislation is only in conformity with a few of the provisions of the Convention. The Committee wishes to emphasize that one of the principal objectives of the Convention is to ensure that governments take the required measures to prevent major industrial accidents so that their effects can be minimized in so far as is reasonably possible. The focus of this Convention is not only on the management of accidents in such installations, nor on environmental law, but on the management of major industrial accidents in which not only workers, but also the environment and the public are exposed. Although issues relating to the national policy are closely related to the matters covered by the national occupational and safety and health policy (OSH), the national policy issues that are specific to this Convention differ in terms of their objective and focus. Neither labour legislation, nor environmental legislation, is sufficient to give effect to the present Convention. Indeed, as indicated in paragraph 1 of this Article, the policy has to be a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents, and consultations have to be held with the representatives of employers and workers, and also with other interested parties. Furthermore, in accordance with Article 17 of the Convention, this policy includes a comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities. Reminding the Government of its obligation to adopt a policy that gives effect to the Convention, the Committee urges it: to adopt a coherent national policy concerning the protection of workers, the public and the environment; to adopt the preventive and protective measures referred to in paragraph 2 of Article 4 of the Convention, including the policy referred to in Article 17; and, to provide detailed information on this subject. Furthermore, recalling that the Office’s technical assistance is at its disposal, the Committee invites the Government to examine the possibility of having recourse to such assistance for the implementation of the Convention, and to provide information on any needs in this respect.

[The Government is asked to report in detail in 2013.]

CMNT_TITLE

1. The Committee notes the Government’s first and second detailed reports, including the appended legislative information. Based on the information available, the Committee concludes that legislative conformity is ensured with respect to few of the provisions of the Convention, and that clarifications are necessary as regards the application of a number of them. The Committee requests the Government to provide, with its next report, additional information on the following points.

2. Article 4 of the Convention. Formulation of a coherent national policy related to protection against the risk of major accidents and its implementation through preventive and protective measures. The Committee notes that, in accordance with article 70 of Decree Law No. 1295 of 1994 on the organization and administration of the general system of occupational risks, the National Council of Occupational Risks has the function to recommend strategies and programmes for the General System of Occupational Risks which have to be approved by the Congress of the Republic. It would be grateful if the Government would provide, in the next report, information on such strategies and programmes related to the protection of workers, the public and the environment against the risk of major accidents. The Committee also requests the Government to supply samples of programmes of occupational health destined for undertakings of high risk, which establish measures - preventive and protective ones - to control risks in such undertakings.

3. Article 5. Establishment by the competent authority of a system for the identification of major hazard installations. The Committee notes the Government’s reference to the activities of the Technical Direction of Occupational Risks, which identifies the major hazard installations on the basis of the table of Classification of Economic Activities. The Government is requested to give particulars of the system established for the identification of such installations, to indicate the manner in which the most representative organizations of employers and workers were consulted and to supply information about the revision of the Table of Economic Activities.

4. Part III of the Convention. Responsibilities of employers. The Government is requested to supply, in its next report, detailed information concerning the measures taken in order to ensure that employers identify any major hazard installation based on the system referred to in Article 5 (Article 7), notify the competent authority before any permanent closure of a major hazard installation (Article 8, paragraph 2), establish and maintain a documented system of major hazard control (Article 9), prepare, update and amend, if necessary, a safety report as well as transmit it or make it available (Articles 10, 11 and 12), present a detailed report after the major accident containing an analysis of its causes and means undertaken to mitigate damage (Article 14).

5. Part IV of the Convention. Responsibilities of competent authorities. The Committee requests the Government to indicate the measures taken in order to ensure that emergency plans and procedures containing provisions for the protection of the public and the environment outside the site of each major hazard installation are established by the competent authority, updated at appropriate intervals and coordinated with the relevant authorities and bodies (Article 15), that information on safety measures and the correct behaviour to adopt, in the case of a major accident, is disseminated to members of the public liable to be affected by a major accident and is provided to the States concerned where a major accident could have trans-boundary effects (Article 16), that a comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities shall be established by the competent authority (Article 17).

6. Part V of the Convention. Rights and duties of workers and their representatives. Article 20, subparagraphs (c), (e) and (f). Workers’ and workers’ representatives rights to be consulted during the preparation of the safety report, emergency plan, accident report, to have access to these documents, to interrupt the activity, if justified, and to discuss with the employer potential hazards. The Committee requests the Government to indicate the legislative and/or practical measures taken to ensure that workers and their representatives will be consulted in the preparation of, and have access to, the safety report, emergency plans and procedures and accident reports; that they are enable to take corrective action and, if necessary, interrupt the activity where, on the basis of their training and experience, they have reasonable justification to believe that there is an imminent danger of a major accident, and notify their supervisor or raise the alarm; that they will be able to discuss with the employer any potential hazards they consider capable of generating a major accident and have the right to notify the competent authority of those hazards.

7. Part VI of the Convention. Responsibility of exporting States. The Committee notes the reference made by the Government to its participation in the Basel Convention on the control of trans-boundary movements of hazardous wastes and their disposal, as well as to the elaboration of fundamental Prior Informed Consent (PIC) concepts based on the Rotterdam Convention. The Committee requests the Government to indicate the legislation or other provisions adopted, including their coverage, to ensure the collection and communication to an importing State of the information on the prohibition of the use of hazardous substances, technologies or processes in the exporting State.

8. Part V of the report form. Information on practical application of the Convention. The Committee notes the statistical information provided and requests the Government to communicate with its next report further information on the manner in which the Convention is applied in practice, supplying extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex if available, the number and nature of infringements reported, etc.