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

Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Colombia (Ratification: 1997)

Articles 4 and 17 of the Convention. Formulation, adoption, implementation and review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. Comprehensive siting policy. The Committee notes the Government’s reference to the National Plan for the Prevention of Occupational Cancer, which is not relevant to the present Convention, and that it has not provided the information requested in its previous comments. Furthermore, in its previous comment, the Committee reached the conclusion that the legislation is only in conformity with a few of the provisions of the Convention. The Committee wishes to emphasize that one of the principal objectives of the Convention is to ensure that governments take the required measures to prevent major industrial accidents so that their effects can be minimized in so far as is reasonably possible. The focus of this Convention is not only on the management of accidents in such installations, nor on environmental law, but on the management of major industrial accidents in which not only workers, but also the environment and the public are exposed. Although issues relating to the national policy are closely related to the matters covered by the national occupational and safety and health policy (OSH), the national policy issues that are specific to this Convention differ in terms of their objective and focus. Neither labour legislation, nor environmental legislation, is sufficient to give effect to the present Convention. Indeed, as indicated in paragraph 1 of this Article, the policy has to be a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents, and consultations have to be held with the representatives of employers and workers, and also with other interested parties. Furthermore, in accordance with Article 17 of the Convention, this policy includes a comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities. Reminding the Government of its obligation to adopt a policy that gives effect to the Convention, the Committee urges it: to adopt a coherent national policy concerning the protection of workers, the public and the environment; to adopt the preventive and protective measures referred to in paragraph 2 of Article 4 of the Convention, including the policy referred to in Article 17; and, to provide detailed information on this subject. Furthermore, recalling that the Office’s technical assistance is at its disposal, the Committee invites the Government to examine the possibility of having recourse to such assistance for the implementation of the Convention, and to provide information on any needs in this respect.

[The Government is asked to report in detail in 2013.]