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

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

The Committee notes the Government’s report in reply to its observation of 2010, in which it referred to a communication of the Single Confederation of Workers (CUT), and the Confederation of Workers of Colombia (CTC). It also notes two new communications, one from the CUT and the CTC and the other from the General Confederation of Workers (CGT), containing comments on the Government’s report ,which were forwarded to the Government on 19 September 2011.

Article 2 of the Convention. Formulation, implementation and periodical review of a coherent national policy on occupational health services. Article 4. Consultation of the most representative organizations of employers and workers on the measures to be taken to give effect to the Convention. In its previous comments, the Committee noted the Government’s indications concerning the national occupational safety and health policy, and it pointed out to the Government that the national policy referred to in the present Convention is the national policy on occupational health services, as defined in Article 1 of the Convention, namely services entrusted with essentially preventive functions and which are responsible for advising the employer, the workers and their representatives in the enterprise of the requirements for establishing and maintaining a safe and healthy working environment and the adaptation of work to the capabilities of workers. The Committee requested the Government to provide further information on the content of its national health services policy and to indicate whether the policy was formulated, implemented and reviewed in consultation with the social partners. The Committee notes that the report does not contain specific information on the policy on occupational health services. The Government indicates that there exist in the country forums for the participation of workers and employers, such as the National Council on Occupational Risks, the National Occupational Health Committee and commissions in various sectors. It further notes that, according to the report, the issue of the coherent national policy on occupational health services will be raised in the National Council for Occupational Risks, and the necessity will be reviewed of adopting a specific policy on health services. The CUT and the CTC indicate that the report contains a good proposal, but no tangible measures to identify and prevent the high rate of accidents, especially in activities such as mining, which involve exposure to chemicals and other high-risk products. They add that the Government does not indicate or specify in its report the measures that have to be adopted. They emphasize that there is no dialogue with the various social actors. The Committee reminds the Government that the requirement of a national policy on health services is a fundamental element of the application of the Convention, and that this involves, in the first place, the formulation of the policy, the monitoring of its implementation and, based on the results achieved, the review of the policy at appropriate intervals, all of which is to be undertaken in consultation with the most representative organizations of employers and workers. The Committee therefore requests the Government to: (1) indicate whether the most representative organizations of employers and workers are represented on the National Council on Occupational Risks, the National Occupational Health Committee and other bodies that are operational; (2) indicate the forum for consultation with the most representative organizations of employers and workers; and (3) indicate the consultations held on the formulation, implementation and review of the national policy and the measures to be taken to give effect to the provisions of this Convention, and on the outcome of such consultations.

Article 3. Progressive development of health services for all workers. The Committee notes that, according to the report, in over 50 per cent of workplaces evaluated, occupational safety activities are carried out and that it is hoped that this figure will increase with the implementation of the Quality Control System of the General Occupational Risks System. The Committee notes that the Government bases the establishment of occupational health services on Resolution No. 1016 of 1989, which regulates the organization, operation and structure of the occupational health programmes that are to be developed by employers in the country and by the administrators of the General System of Occupational Risks (ARP). The Committee notes that, according to the CUT and CTC, Resolution No. 1016 of 1989 is not a solution, and that it demonstrates the withdrawal of the State, which transfers to employers the responsibility for allocating the indispensable physical and financial resources for the development and implementation of occupational health programmes. They add that, although legislation exists in Colombia, it is not precise and does not determine clearly the parameters established by the legislation governing occupational health services. They add that the will is lacking for the implementation of the Convention, under state responsibility and direction, and that the system that prevails in the country is not based on prevention as, when a worker is already ill, the ARP, which have been privatized since 1993, begin to provide services, but do not play a preventive role. The Committee draws the Government’s attention to the fact that its information on occupational health activities is more general than occupational health services. The latter are defined in Article 1 and are entrusted with the functions set out in Article 5(a)–(k) of the Convention. The Committee requests the Government to indicate clearly the manner in which occupational health services, as defined by the Convention and the Occupational Health Services Recommendation, 1985 (No. 171), are structured, and the manner in which the State ensures that such services exist and operate in accordance with the requirements of the Convention. Please indicate the sectors in which occupational health services are operational and the plans for their progressive development in other sectors.

Article 5. Occupational health services that are adequate and appropriate to the occupational risks of the enterprise. In its previous comments, the Committee requested the Government to indicate clearly the services in the country which discharge the functions set out in Article 5, and to provide detailed information on the manner in which effect is given in law and practice to each of the clauses of this Article. The Committee notes that the Government has not provided information on each of the functions set out in this Article, and that the information supplied is of a general nature. The Government refers to Resolution No. 1016 and explains its view that a service involves structure, results and processes and that occupational health programmes are equivalent to occupational health services. The Committee considers that, although programmes may provide the basis for health services, it is necessary to ascertain whether such programmes discharge the functions set out in each of the clauses of the present Article, which are all distinct functions. The Committee therefore once again requests the Government to provide comprehensive information on the effect given in law and practice to the functions set out in Article 5(a)–(k) of the Convention.

Article 5(a). Identification and assessment of risks. Clause (b). Surveillance of the factors in the working environment and working practices. Clause (c). Advice on the planning and organization of work, including the design of workplaces. The Committee recalls its previous comments relating to the alleged lack of prevention in mines and the deaths that have occurred, among others, in the San Fernando coal mine, where 73 workers died, the Government has reported that, in view of the fact that the mining sector has become one of the most important economic activities, the structure and functions of the Colombian Institute of Geology and Mining (INGEOMINAS) are being reviewed with a view to strengthening inspection, supervision and control of occupational health standards in the sector. The Government indicates that communication campaigns have been strengthened to promote a culture of self-awareness by miners, and various direct interventions have been undertaken in mines. The Committee notes the newspaper articles supplied by the CGT containing information in a project to reduce deaths in coalmines and its indication that the project is based on the approach that accidents in coalmines are due to the lack of safety technology, the lack of training for owners and workers, and unlawful activities, and that the aim is to reduce by half the number of accidents by 2014. The article also indicates that in 2010 there were 173 deaths resulting from employment accidents in this sector. The Committee requests the Government to indicate the total number of workers in the mines in the country, and the number of workers in mines who in practice benefit from the functions indicated in clauses (a), (b) and (c) of this Article of the Convention. It also requests the Government to provide information on the plans for the establishment of health services in all mines, including those that are not registered, as is the case of the Sinifaná basin, to which it referred in its last comment.

Part VI of the report form. Application in practice. The Committee notes that, according to the communications of the CUT and the CTC, statistics are not updated by the Government, which is an obstacle to prevention and to the implementation, control and effectiveness of safety standards. The Committee requests the Government to provide information on this subject.

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