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

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

The Committee notes the observations of the Single Confederation of Workers of Colombia (CUT) received on 2 September 2015. The Committee notes the Government’s response to these observations, received 28 November 2015. It will examine the observations of the CUT and the response of the Government thereto in due course.

Legislation. The Committee notes the adoption of Decree No. 1072 of 26 May 2015, which incorporates Decree No. 2923 of 12 August 2011, establishing the quality control system of the general occupational risks system, and Decree No. 1443 of 31 July 2014, setting out provisions for the implementation of the occupational safety and health management system.

Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers. Article 4. Consultation with the most representative organizations of employers and workers on measures to give effect to the Convention. In its previous comments, the Committee requested 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 existing bodies; (2) indicate the scope of consultations held 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 taken to give effect to the Convention. The Committee notes with interest the Government’s indication that the most representative organizations of employers and workers, including the CUT, The Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT), are participating in the consultation. The Government also indicates that the national legislation provides for the representation of employers and workers on the National Council on Occupational Risks, the National Occupational Health Committee and in the sectoral committees. Regarding the consultations held on the formulation, implementation and review of the national policy and the measures taken to give effect to the Convention, the Committee notes the information from the Government that consultations were held on the formulation of abovementioned Decree No. 1072. The Committee requests the Government to continue to provide detailed information on the consultations held and their results.

Article 3. Progressive development of health services for all workers. In its previous comments, the Committee requested the Government to indicate clearly the manner in which occupational health services, as defined by the Convention, are structured; the manner in which the State ensures that such services exist and operate in accordance with the requirements of the Convention; the sectors in which occupational health services are operational; and the plans for their progressive development in other sectors. The Committee notes the Government’s indication in its report that occupational safety and health services are structured by regulations under Decree No. 1072, which incorporates the decrees relating to the occupational risks system. Health services are provided by personnel qualified in occupational health and occupational safety, and health sectoral committees have been set up (mining, electricity, public, construction, banana, sugar, asbestos and health sectors). Lastly, at the enterprise level, there are joint occupational safety and health committees (COPASST) and occupational safety and health watchdogs, as appropriate, established by Decree No. 1072. The Committee requests the Government to continue providing information on the measures adopted or envisaged for the progressive development of health services for all workers, particularly on the creation of sectoral occupational safety and health committees in sectors other than those referenced above.

Article 5. Occupational health services that are adequate and appropriate to the occupational risks of the enterprises. The Committee notes the detailed information provided by the Government in its report concerning health services with the functions outlined in Article 5(a)–(k): (i) occupational risks administrators (ARL) entrusted with most of the functions outlined in Article 5, except the functions outlined in Article 5(a) and (d); (ii) the system to guarantee quality in health and occupational risks and sectoral committees in the respective sectors are responsible for identifying and evaluating risks to health in workplaces, in conformity with Article 5(a); (iii) the national occupational health and safety committee is responsible for developing programmes, pursuant to Article 5(d); (iv) the labour inspectorate is responsible, jointly with the ARL with the function of monitoring, pursuant to Article 5(b) and (f); and (v) all bodies in the system are responsible for the functions provided for under Article 5(e) and (k) concerning advice on occupational health, safety and hygiene, and they participate in the analysis of occupational accidents and cases of occupational disease. The Committee requests the Government to provide information on any other entity which contributes to give effect to Article 5(d) of the Convention. It also requests the Government to continue to provide information on the application of Article 5, including in relation to the size of enterprises and the various sectors of activity.

Article 5(a), (b) and (c). Identification and assessment of risks, surveillance of the factors in the working environment and working practices, and advice on the planning and organization of work, including the design of workplaces. Mining sector. With respect to its previous comments, the Committee notes the information provided by the Government in its report that the total number of workers in mines, as at May 2015, was 153,479, according to the ARL. The Government indicates that workers benefit from the measures referred to in Article 5(a), (b) and (c) of the Convention with the assistance of the ARL. Furthermore, Decree No. 4134 provided for the establishment of the National Mining Agency responsible for promoting safety in mines and coordinating rescue operations with the Mine Safety and Rescue Group. Lastly, in relation to the plans for the establishment of health services in all mines, including those which are not registered, the Government refers to the adoption of the national mine safety policy and the national policy on the formalization of mining, as well as activities carried out between 2012 and 2015 to establish health services specifically in the Sinifaná basin. The Committee requests the Government to provide a copy of the national mine safety policy and the national policy on the formalization of mining.

Article 9(1). Multidisciplinary nature of occupational health services. The Committee notes the Government’s indication that it is taking measures to strengthen the skills of occupational health and safety officials, including their multidisciplinary capacities, and the competencies of occupational safety and health personnel are being updated. In this respect, the Government refers to Resolution No. 4502 of 2012 which regulates the procedure and requirements for awarding and renewing occupational health qualifications, and the number of qualifications awarded in various areas of expertise. The Committee requests the Government to continue providing information on the measures taken or activities carried out to ensure the multidisciplinary nature of the occupational health services.

Article 10. Full professional independence of the personnel providing occupational health services from employers, workers and their representatives. Article 11. Determination by the competent authority of the qualifications required for the personnel providing occupational health services. In relation to its previous comments, the Committee notes that, according to the Government, the personnel providing occupational health services must obtain a licence pursuant to Resolution No. 4502 of 2012. With respect to the professional independence of the personnel providing occupational health services, the Committee notes the Government’s indication in its report that, in conformity with Decree No. 1072, occupational health services are independent. The Committee requests the Government to indicate the legislative provisions which provide expressly for full professional independence of the personnel providing occupational health services from employers, workers and their representatives.

Article 14. Obligation of the employer and of workers to inform the occupational health services of any known factors and any suspected factors in the working environment which may affect the workers’ health. The Committee notes the information provided by the Government that section 2.2.4.6.10(4) of Decree No. 1072 sets forth that workers must duly inform their employer or contractor of any potential risks or hazards in their workplace. Moreover, section 2.2.4.6.5 of the Decree requires enterprises to report to the ARL to which they are affiliated the number and activity of the workers on assignment who have had occupational accidents or suffer from occupational diseases. The Committee requests the Government to indicate whether the employer and workers also have the duty to inform the ARL of any suspected factors in the working environment which may affect the workers’ health, pursuant to this Article of the Convention.

Article 15. Notification to occupational health services of occurrences of ill health among workers and absence from work in order to be able to identify whether there is any relation between ill health and any health hazards. In its previous comments, the Committee requested the Government to indicate whether information is provided to occupational health services on cases of ill health or absence from work in order to be able to identify whether there is any relation between ill health and any health hazards. The Committee notes that, in its report, the Government mentions that cases of ill health or absences must be registered by employers and collected as statistics to develop the occupational safety and health system. Such cases should also be referred, at the enterprise level, to COPASST or the occupational safety and health watchdog. The Committee requests the Government to indicate whether this information is referred to the ARL in order to identify whether there is any relation between ill health and any health hazards as required by this Article of the Convention.