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

Chemicals Convention, 1990 (No. 170) - Colombia (Ratification: 1994)

The Committee notes the Government’s brief report and the attached documentation. It notes with interest the handbook of carcinogens belonging to groups 1 and 2 of the International Agency for Research on Cancer (IARC), classifying the agents which, inter alia, are present in the working environment in Colombia.

Part V of the Convention. Application in practice. Communication from the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC). The Committee notes the communication from the CUT and the CTC which was received on 31 August 2010 and communicated to the Government on 6 September 2010. The Committee notes that the Government’s comments on the communication have still not been received. The Committee will therefore merely list the main issues referred to in the communication and will examine them in greater detail at its next meeting, together with any comments that the Government makes in response. In the first part of the communication, the trade union confederations supply additional information on the legislation which gives expression to certain provisions of the Convention. In the second part they refer to the following issues related to the application of the Convention in practice:

–      Article 1 of the Convention. Scope. The CUT and CTC declare that, despite the existence of regulations, the real problem of substance is that protection against risks covers only workers who are in a formal employment relationship and are consequently insured. They indicate that most workers are in the informal and self-employed sectors and that there is no system of prevention or protection for them with regard to occupational accidents and diseases.

–      Article 13. Obligation of employers to assess risks and protect workers by appropriate means. The CUT and CTC indicate that in order to eliminate risks from the use of chemicals, alternative less toxic materials must be used, ventilation must be improved, leaks must be monitored and protective clothing must be used. Nevertheless, they state that there are no adequate plans for prevention, no monitoring measures are taken, there are no alerts when needed and frequent loss of life or cases of permanent disability still result from the handling of certain chemicals.

–      Article 15. Obligation of employers to provide information and training. As regards training, the CUT and CTC indicate that many workers have a basic knowledge but are unaware of regulations on industrial safety and consequently of instructions concerning the handling of chemicals, and that certain companies disregard these requirements in order to pay lower wages.

The Committee requests the Government to supply information on the points listed above and in particular on the manner in which the application of the abovementioned provisions is ensured in practice.

The Committee is raising a number of other points in a request addressed directly to the Government.

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