Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Occupational Health Services Convention, 1985 (No. 161) - Colombia (Ratification: 2001)

Part VI of the report form. Application of the Convention in practice. Communication from the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC). The Committee notes the Government’s report and a communication from the CUT and the CTC received on 31 August 2010 and sent to the Government on 6 September 2010. The Committee notes that the Government’s comments on the communication have not as yet been received. The Committee will examine the communication at its next session together with any comments the Government may wish to make. It will set out below the main matters raised. The CUT and the CTC indicate that the main problem relates to the practical application of the Convention rather than the relevant legislation. The communication refers, in particular, to the following matters.

Articles 2 and 3 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services. Progressive development of such services. The communication indicates that the Occupational Risk Administrators (ARP) are in charge of health services and that they have no preventive duties, that their membership rate is extremely low, only 36 per cent of workers being members, which means that, out of 19 million workers, 12 million have no cover whatsoever.

Articles 5 and 8. Occupational health services that are adequate and appropriate to the occupational risks of the undertaking. Cooperation between the employer, the workers and their representatives. The abovementioned organizations raise the following matters:

–      High rate of occupational accidents. According to the CUT and the CTC, Government action is limited to the hiring of occupational risk insurers, and the inefficiency of prevention is reflected in the high rate of occupational accidents. They indicate that between 2008 and May 2010, 1,221,619 occupational accidents were reported, of which only 868,791 were recognized as occupational accidents. Furthermore, taking into account only the figures for those recognized as such, the monthly average of occupational accidents is 29,958 which amounts to 968.1 accidents per day.

–      Non-application of regulations. The CUT and the CTC state that in its report, the Government merely lists functions of the subprogramme on preventive and occupational medicine, on which the trade union organizations were not consulted. Furthermore, Colombia cannot continue to hide behind regulations that are not applied, and it must take the necessary administrative and budgetary measures to comply with the Convention. They also indicate a lack of participation by workers and assert that although forums for dialogue do exist officially, they do not operate in practice.

–      Absence of supervision of work environment factors. The organizations allege, in particular, a lack of prevention in mines and indicate that on 16 June 2010 an occupational accident occurred in the San Fernando coalmine causing 73 deaths, among other reasons because the risks were not identified and there was no monitoring of the work environment factors. Furthermore, of the 29 mines operating legally in the Sinifaná basin, only five meet all requirements and, in the others, the main requirements that are not fulfilled relate to safety and health.

Article 15. Notification to occupational health services of occurrences of ill health and absence from work for health reasons in the interests of identifying any relation between the ill health and health hazards. The CUT and the CTC assert that this provision is not applied and that workers must wait until a disease becomes chronic or degenerative before asking the employer or insurers to have the necessary studies carried out.

The Committee asks the Government to supply information on the application in practice of the abovementioned Articles, indicating the proportion of workers covered by the functions set forth in Article 5 of the Convention. If, as provided in Article 3(2), occupational health services cannot be immediately established for all undertakings, the Committee requests the Government to provide information on the plans for establishing such services, drawn up in consultation with the most representative organizations of employers and workers. The Committee will examine the Government’s report together with its comments on the present communication.

Plan of Action 2010–16. While noting that the abovementioned organizations refer to the absence of a policy on occupational safety and health, the Committee points out that this is not a subject covered by the present Convention. It wishes to take this opportunity to inform the Government that in March 2010, the Governing Body adopted the Plan of Action 2010–16 to achieve widespread ratification and effective implementation of the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002 and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.). The Committee points out that, under this Plan, the Office provides technical assistance to any governments wishing to bring their legislation and practice into conformity with these key occupational safety and health Conventions, with a view to promoting ratification and effective implementation of these instruments. The Committee reminds the Government that the Office is at its disposal for the preparation of reports on ratified Conventions. The Committee invites the Government to supply information on any needs that may arise in this regard.

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

[The Government is asked to reply in detail to the present comments in 2011.]