Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Colombia (Ratification: 1976)

The Committee notes the Government’s indication in reply to its request for information on instances of threats against labour inspectors and on the response to them that there have been no cases where the physical safety of labour inspectors during inspections in agricultural undertakings has been endangered. It also notes the observations made by the Confederation of Workers of Colombia (CTC) received by the Office on 29 August 2015, which confirm this.

Articles 6(a) and (b), 18, 19(2), 22 and 24 of the Convention. Preventive and control activities concerning the application of occupational health and safety conditions in agriculture. The Committee previously noted a high incidence of occupational accidents and diseases in agriculture in the undertakings affiliated to the social security system of occupational risks, it requested information on the preventive measures taken by labour inspectors to ensure the safety and health of workers, as well as the involvement of labour inspectors in the investigation of occupational accidents and diseases.

The Committee notes the Government’s reference in its report to the powers contained in legislation permitting labour inspectors to make orders with immediate executory force, in the event of conditions that constitute a risk to the safety of workers, including those provided for in Decree No. 0472 of March 2015. This Decree also anticipates that an enterprise might be permanently closed in the event of repeated violations. The Committee further notes that the Government provides general information on the investigations undertaken in the agricultural sector (350 in 2013 and 171 in 2014), but does not provide the requested information on the number and nature of preventive measures ordered.

In this regard, the Committee notes the information in the 2013 annual report on the work of the labour inspection services that 14.86 per cent of all occupational accidents related to the agricultural sector, and that the rate of occupational disease in agriculture was the highest among all sectors. It also notes from the same report that only 309,688 workers in the agricultural sector are affiliated to the social security system covering occupational accidents and diseases, whereas the workforce in this sector is 3.55 million. It notes that one of the objectives in a Memorandum of Understanding signed in June 2015 between the ILO and the Government to promote decent work in agriculture concerns the extension of the coverage of social security, including occupational risks. It finally notes from the statistics provided in the Government’s report that in 2014, only six sanctions were imposed for non-compliance with requirements in the area of occupational safety and health. The Committee requests the Government to provide detailed information on the nature and number of preventive activities ordered by labour inspectors to ensure the safety and health of workers in agriculture (including the number of cases in which the stoppage of work or the closure of enterprises was ordered). It requests the Government to continue to provide information on the penalties imposed (including the legal provisions to which they relate).

Article 15(1)(b). Transport facilities. In its previous comment under Convention No. 81, the Committee noted the Government’s commitment to improve the financial resources of the labour inspectorate and its indication that a special budget in the amount of 539,657.906 Colombian pesos (COP), approximately US$259,613, had been assigned for transport facilities and travel expenses. It also noted the observations of the Single Confederation of Workers of Colombia (CUT) under Convention No. 81, according to which labour inspection remained focused on urban areas.

The Committee notes the Government’s indication in its report that it has embarked on a procurement procedure to provide the labour inspection services with adequate transport facilities, dependent upon the needs in different regions of the country. The Committee also notes the Governments indications that, in view of the current limitations of the material resources, funds will be sought from the National Planning Department for a project which should enable labour inspectors to reach remote areas of the country, most of which are in rural zones. The Committee requests the Government to provide information on the measures taken to improve the transport facilities of the labour inspection services, including the progress made with the purchase of vehicles. Please also describe the availability of transport facilities in the different territorial services of the labour inspection services.

Article 17. Association of the labour inspection services in agriculture in preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety of workers. The Committee notes that the Government, in reply to its previous requests on the effect given to the above Article in law and practice, once again refers to the preventive powers of labour inspectors in the national legislation in the event of an imminent risk to the safety and health of workers, including the powers of the territorial directorates to order the suspension of activities. The Committee recalls that Article 17 concerns the preventive control of new plant, new materials or substances and new methods of handling or processing products. The provisions referred to by the Government appear to concern measures that may be taken after a plant has already entered into operation, after materials or substances are already being used, and after the methods of handling or processing products are already in place. The Committee once again requests the Government to ensure that steps are taken to give effect both in law and in practice to this provision of the Convention.

Articles 26 and 27. Annual report containing information on the work of the labour inspection services in agriculture. The Committee notes that the 2013 annual report on the work of the labour inspection services also contains information on the work of the labour inspection services in the agricultural sector, including statistics of the number of workers employed in agricultural undertakings, statistics of inspection visits and statistics of occupational accidents and diseases (without indicating their causes). The Committee notes that statistics concerning violations and penalties imposed were not included in the 2013 annual report, but that such statistics are provided by the Government in its report. It notes that the 2014 annual report on the work of the labour inspection services has not yet been received. The Committee hopes that the 2014 annual labour inspection report will soon be received at the ILO, and trusts that future reports on the work of the labour inspection services in agriculture will be published and regularly communicated to the ILO, either separately or as part of the general annual report on the activities of the labour inspection services, and that they will contain information on all the subjects covered by Article 27(a)–(g).