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

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

Legislation. The Committee notes that the Government has provided a copy of Decree No. 2923 of 12 August 2011 establishing the Quality Control System of the General Occupational Risks System, which in its introductory paragraphs indicates that indicators will have to be established and such indicators are necessary to assess and monitor the quality of occupational health services. Section 5 refers to a system of minimum standards, but does not specify them. The Committee requests the Government to indicate the impact of this Decree on the application of the present Convention.

The Committee also notes, that in a communication sent in 2011, the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC) raise issues relating to Act No. 55 of 1993 and Legislative Decree No. 1295 of 1994, indicating, among other matters, that the Government does not assume its responsibility, but transfers it to others. They add that Decree No. 2150 of 1995 limits the special controls by the State to enterprises which use hazardous chemicals of a specific category, in accordance with the classification of economic activities set out in Decree No. 1295, and that the others are governed by Decision No. 1016. The Committee requests the Government to indicate the differences in the application of the Convention to enterprises which use hazardous chemicals of the different categories.

Article 1 of the Convention. Application of the Convention to all branches of economic activity in which chemicals are used. In its previous comments, the Committee noted that, according to the CUT and the CTC, protection against risks only covers workers who are in a formal employment relationship. The Committee notes the Government’s indication in its reply that, in the case of the chemicals sector, workers who are not in a formal relationship are not quantified, but that the State provides training through its local agencies and that the present Government’s Develop Plan is intended to reduce informality to rational proportions, as illustrated by Act No. 1429 of 2010 to promote formalization and first jobs, which was adopted recently. It adds that alternative projects are undertaken for the informal and vulnerable population, such as the Public Health Plan. The Committee notes that the health measures indicated by the Government are general in nature, but that the Convention applies to activities which require particular monitoring by the Government to ensure that enterprises in all branches of economic activity in which chemicals are used comply with the requirements of the Convention. The Committee therefore requests the Government to make efforts to ensure the application of the Convention in all branches of economic activity in which chemicals are used and to continue providing information on this subject.

Article 4. Formulation, implementation and periodical review of a coherent policy on safety in the use of chemicals, in consultation with the social partners. Article 3. Requirement to consult the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention. With reference to its previous comments, the Committee notes the Government’s indication that the Ministry of Social Protection, in the context of the Fifth Ibero-American Congress on Employment Risk Prevention: Prevention 2011, hosted the Fourth Meeting for the Prevention and Elimination of Silicosis. The Committee notes that this information does not reply to the question raised by the Committee concerning the effect given to Article 4 of the Convention. The Committee also notes that the CUT and the CTC, in their 2011 comments, reiterate their observations concerning the absence of social dialogue and propose the following, among other, measures: implementing a system of epidemiological monitoring of occupational cancer; articulating monitoring and control systems; increasing the commitments of the various sectors and socializing national plans for the prevention of pneumoconiosis and the control of occupational cancer. The Committee requests the Government to provide information on the consultations held with the most representative organizations of employers and workers concerned with regard to the national policy and the measures to be taken to give effect to the Convention, and the results achieved. It also requests the Government to indicate whether there are any tripartite sectoral commissions to follow-up the policy and the measures to give effect to the Convention.

Article 13. Obligation of employers to assess risks and protect workers by appropriate means. In its previous comments, the Committee noted the indications by the CUT and the CTC that in order to eliminate chemical risks, alternative less toxic materials have to be used, ventilation must be improved, leaks monitored and protective clothing used. They indicate that there are no appropriate prevention plans, control measures are not adopted, appropriate alerts are not given and that the loss of life and cases of permanent incapacity resulting from the handling of certain chemicals are still frequent. The Committee requested the Government to provide information on this subject and on the manner in which the application of the above provisions of the Convention is ensured in practice. The Committee notes that the Government has only provided information of a general nature. The Committee requests the Government to provide information on the manner in which it ensures that employers make an assessment of the risks and ensure the protection of workers by appropriate means. It requests the Government to provide information on the effect given to each of the paragraphs of this Article in law and practice in enterprises in the branches of economic activity in which chemicals are used.

Article 15. Obligation of employers to provide information and training. With reference to its previous comments, the Committee notes the Government’s indication that the administrators of the General Occupational Risks System (ARPs) are required to invest at least 5 per cent of the income that they receive from contributions on occupational prevention programmes and the promotion of occupational health, and that in overall terms they invest no less than 15 per cent in such activities. The Committee notes the Government’s reference to health and safety activities in general, but observes that in relation to this Article the Government is requested to provide information on the manner in which effect is given in law and practice to specific obligations, such as informing workers of the hazards associated with exposure to chemicals used in the enterprise, instructing workers on how to obtain and use the information provided on labels and chemical safety data sheets, among others. The Committee requests the Government to provide information on the effect given to this Article in law and practice in enterprises in branches of economic activity in which chemicals are used.

Article 6. System for the classification of chemicals. Article 7. Requirement to label and mark chemicals. Article 8. Chemical safety data sheets for hazardous chemicals. Article 9. Responsibilities of suppliers. Articles 10 to 12. Responsibilities of employers in relation to the identification of chemicals, their transfer and the exposure of workers to chemicals. Articles 17 and 18. Rights of workers and their representatives, and duties of workers. The Committee notes that the Government has not provided the information requested in the last paragraph of its previous direct request, or has provided brief, incomplete or general information that does not refer to the Articles of the Convention, which does not enable the Committee to gain an idea of the effect given to these Articles of the Convention. The Committee once again requests the Government to indicate in detail the manner in which effect is given in law and in practice to the abovementioned Articles or, where appropriate, on the measures adopted or envisaged for that purpose. The Committee asks the Government, when the Articles include more than one paragraph, to provide clear indications of the effect given to each paragraph.