Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

White Lead (Painting) Convention, 1921 (No. 13) - Colombia (Ratification: 1933)

The Committee notes the communication from the General Confederation of Labour (CGT) sent by the Government on 19 September 2011, indicating that section 242 of the Labour Code prohibits the employment of young persons under 18 years of age and women in painting work of an industrial character involving the use of white lead, sulphate of lead or other products containing these pigments. The CGT calls on the Government and Parliament to prohibit the use of white lead for all persons on the basis of the principle of equality. However, the Committee indicates that this request, which can be examined at national level, is outside the scope of the present Convention.

Communication from the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC). In its comments of 2010, the Committee noted the abovementioned communication and indicated that it would deal with it in 2011. The Committee notes that the Government has not made any comments in this respect. The communication refers to the following issues.

Article 1 of the Convention. Prohibition on the use of white lead, sulphate of lead and all other products containing these pigments, in the internal painting of buildings. The Committee indicates that, under the provisions of article 53 of the National Constitution, the international labour Conventions ratified by Colombia have the force of national law. It indicates that, apart from the above and the regulations concerning young persons and women, and also the definition of lead poisoning as an occupational disease, there are no other regulations in Colombia which govern the use of prohibited substances. Moreover, the low level of unionization and the control of occupational health committees by the employers, and the lack of guarantees from the labour inspectorate, means that it is extremely difficult to verify the effects of harmful substances.

Article 2(2). Obligation to define the limits of various forms of painting, and to regulate the use of white lead, sulphate of lead or other products containing these pigments. The trade union federations state that the regulation of these standards is practically unknown by the workers, that there are no coordinated legal provisions, and that the employers do not provide information on the content of the materials used.

Article 5(1) and (2). Obligation to regulate the use of white lead, sulphate of lead and all products containing these pigments, in operations for which their use is not prohibited, on the principles set forth in the abovementioned paragraphs. The CUT and the CTC states that there are no special regulations, that the vast majority of workers engaged in painting work of an industrial character are in the informal sector or work in small enterprises or craft workshops which are not subject to any legal controls. The union indicates that the risks in this kind of painting work are high but they are not apparent because of the low level of registration in the social security system.

Article 5(3) and (4). Notification of cases of lead poisoning and of suspected lead poisoning. Medical examination. Instructions. The trade union federations state that there are no reliable statistics, there is no monitoring by the competent authorities, and the labour inspectorate and the health authorities are not functioning. They add that there are no awareness-raising activities in this respect.

Article 6. Adoption of measures that give effect to the regulations prescribed in the previous Articles, after consultation with the employers’ and workers’ organizations concerned. The CUT and the CTC indicate that the consultation provided for in this Article does not take place, since the regulation referred to by the previous Articles do not exist.

Article 7. Statistics The communication indicates that there are no tables of statistics in the painting industry concerning workers suffering from lead poisoning. The union refers to a 1996 study which indicates, among other things, that there has been insufficient evaluation of the real magnitude of the health problems resulting from occupational exposure to lead in the informal sector. It states that lead poisoning affects 35 per cent of workers employed in battery factories, and 14 per cent of workers employed in smelting, printing and ceramics.

The Committee draws the Government’s attention to the fact that Articles 1, 2 and 5 of the Convention require the adoption of legislative measures and requests the Government to provide information on the manner in which effect is given in law and in practice to these Articles of the Convention, including the statistical information referred to in Article 7 of the Convention. The Committee also requests the Government to send any comments that it considers relevant in reply to the observations made by the CUT and the CTC.