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

Benzene Convention, 1971 (No. 136) - Colombia (Ratification: 1976)

The Committee notes the observations of the Single Confederation of Workers (CUT) and the General Confederation of Labour (CGT), both received on 2 September 2015. The Committee requests the Government to provide its comments in this regard.

Legislation. In its previous comments, the Committee noted the Government’s indications that there are no specific legislative provisions on benzene establishing protection measures for workers against risks related to the exposure and use of this substance, as required by Articles 4, 5, 6, 7, 8 and 9 of the Convention. Keeping in mind that standards on protection against occupational cancer may cover certain aspects of the Convention, the Committee requested the Government to provide detailed information on the manner in which those standards cover the provisions of the Convention in respect of exposure to products containing benzene. The Committee notes that in its report the Government reiterates the information that it had already noted and also refers to Decree No. 1072, of 26 May 2015, issuing the Single Regulatory Decree on labour, Chapter 6 of which is entitled “On the management of occupational safety and health”. In this regard, the Committee notes that Chapter 6 establishes general occupational safety and health rules, and does not regulate the specific obligations contained in these Articles of the Convention. The Committee once again urges the Government to give full effect to these Articles of the Convention and to provide detailed information in this regard.

Article 9(1)(b) of the Convention. Periodic medical re-examinations. The Committee takes due note of the fact that Decree No. 1072 of 2015 provides in Chapter 6, section 2.4(3), that the employer shall take action to monitor the health of workers through pre-recruitment, periodic and other medical examinations. In this regard, the Committee recalls that, under the terms of this Article of the Convention, the intervals at which periodic re-examinations are to be carried out shall be fixed by national laws or regulations. The Committee therefore requests the Government to provide information on any measures adopted or envisaged in this regard.

[The Government is asked to reply in detail to the present comments in 2017.]