Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Colombia

Asbestos Convention, 1986 (No. 162) (Ratification: 2001)
Chemicals Convention, 1990 (No. 170) (Ratification: 1994)
Prevention of Major Industrial Accidents Convention, 1993 (No. 174) (Ratification: 1997)

In order to provide a comprehensive view of the issues relating to the application of the ratified occupational safety and health Conventions, the Committee considers it appropriate to examine Conventions Nos 162 (asbestos), 170 (chemicals) and 174 (major industrial accidents) together.

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), and the observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), on the application of Convention No. 162, which were received in 2016. The Committee also notes the observations of the CTC and the CUT on the application of Convention No. 174, received in 2015, and the Government’s reply in this regard.

Convention No. 162: Asbestos

Articles 3(2) and 14 of the Convention. Periodic review of national laws and regulations. Labelling. In its previous comments, the Committee indicated that, for the purposes of the Convention, products which contain less than 1 per cent of asbestos are not considered as products “free of asbestos”. Accordingly, with a view to ensuring that the labelling of products is in conformity with the Convention, the Committee urged the Government to provide information on the measures adopted to re-examine the concept of “free of asbestos”, as set out in the Regulations on health and safety in relation to chrysotile and other fibres of similar use (Decision No. 007 of 4 November 2011 of the Ministry of Health and Social Security). The Committee notes the Government’s indication in its report that the matter is being assessed and it is hoped to reach agreement with the social partners on the referral for consideration to the National Occupational Safety Commission on Chrysotile Asbestos and Other Fibres of the re examination of the standard as indicated by the Committee and accordingly to consider, determine and update the concept of “free of asbestos”. In this respect, the ANDI and the IOE indicate that they would support the development of a technical document to supplement the Decision and clarify the prevention and protection measures that are necessary under the Convention. The Committee requests the Government to provide information on the outcome of the consultations and the decision that is adopted in relation to the re-examination of the regulatory definition of “free of asbestos” and to ensure that all products containing asbestos are labelled in accordance with Article 14 of the Convention. It also requests the Government to provide information on the measures taken to monitor the application of Article 14 of the Convention in practice.

Article 17. Demolition work. In its previous comments, the Committee requested the Government to establish a system under which only employers or contractors who are qualified can carry out the types of work referred to by this Article of the Convention and which would give effect to the requirement for the employer or contractor to draw up a workplan, as provided in Article 17(2). The Government indicates that, in view of the geothermic situation of the country, asbestos and friable insulation materials containing asbestos have never been used in construction. The Government also indicates that regulation No. 4.5 of the Regulations on health and safety in relation to chrysotile and other fibres of similar use contains provisions on construction, modification, demolition and removal work, in accordance with Article 17(2) of the Convention. However, the Government adds that the current regulations do not provide for a system under which only employers or contractors recognized by the competent authority as qualified may carry out the types of work referred to in this Article of the Convention. The ANDI and the IOE also indicate that they would support the development of a technical document to supplement the Regulations and ensure compliance with the requirements of Article 17 of the Convention. Noting the Government’s explanations and the position of the ANDI and the IOE in this regard, the Committee once again requests the Government to take the necessary measures to ensure that only employers or contractors recognized by the competent authority as qualified may carry out the types of work referred to in Article 17 of the Convention.

Convention No. 170: Chemicals

Article 9 of the Convention. Responsibilities of suppliers. With reference to its previous comments on the responsibilities of suppliers, the Committee notes the Government’s reference to Decisions Nos 331 of 1993 and 399 of 1997 of the Andean Community. However, these decisions only apply to the international road transport of goods and to international multimodal transport, and do not cover the provisions of the Convention. The Committee once again requests the Government to provide information on the measures adopted or envisaged in respect of the responsibilities of suppliers, whether they are manufacturers, importers or distributors of chemicals, in accordance with Article 9 of the Convention.

Articles 10 and 11. Responsibilities of employers for the identification and transfer of chemicals. With reference to its previous comments, the Committee notes the Government’s indication that a draft Decree for the transposition to the national level of the Globally Harmonized System of Classification and Labelling of Chemicals is in the process of being adopted. The Committee requests the Government to ensure that the Decree in the process of being adopted provides for the responsibilities of employers with respect to the identification and transfer of chemicals, in accordance with Articles 10 and 11 of the Convention.

Article 18. Rights of workers to remove themselves from danger and to obtain information. With reference to its previous comments, the Committee notes that, in accordance with section 3 of Decision No. 2400 of 1979 (certain provisions concerning accommodation, and health and safety at the workplace), workers are required to notify immediately their superiors of the existence of defects or faults in plant, machinery, work processes and operations and the hazard control system. The Committee nevertheless observes that the provision referred to by the Government does not specifically establish the right of workers to remove themselves from danger and to obtain the information set out in Article 18(3) and (4) of the Convention. The Committee once again requests the Government to provide information on the measures adopted or envisaged to establish the right of workers: (a) to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health, and to be protected against undue consequences of such action; and (b) to obtain information in accordance with Article 18(3) and (4) of the Convention.

Convention No. 174: Prevention of major industrial accidents

Article 4 of the Convention. National policy and consultation of the social partners. In its previous comments, the Committee requested the Government to provide information on: (a) the content of the national policy, specifically in relation to the risk of major accidents with respect to protection of workers, the public and the environment; and (b) the consultations held with the social partners in this regard. The Committee notes that, within the framework of Act No. 1523 of 2012 (national policy and national system for the management of the risk of disasters), Decree No. 308 of 2016 (National Plan for the Management of the Risk of Disasters, (PNGR 2015–25)) was adopted and envisages the implementation of various information management projects relating to the risk of disasters of technological origin. The Committee also notes the preliminary draft of the Decree on the adoption of the Programme for the Prevention of Major Accidents transmitted by the Government. The Government indicates that the draft Decree has received comments from the various actors in the National System for the Management of the Risk of Disasters in the context of the Technical Advisory Commission on Industrial and Technological Risks (CNARIT), established as part of the national policy under Decision No. 1770 of 2013. The Government adds that the draft Decree was opened to public consultation on 31 October 2017 for a period of 14 days, during which comments were received from the public. Nevertheless, the Committee notes the observations of the CUT on the lack of participation by workers’ representatives in the CNARIT and in other inter-institutional dialogue bodies envisaged by the national system for the management of the risk of disasters. The Committee also notes that the draft Decree does not apply to the exploration and extraction of mineral and energy resources or to sanitary landfills and security landfills or cells. In this respect, the Committee recalls that, in accordance with Article 1(4) of the Convention, the Government may, after consulting the representative organizations of employers and workers concerned, exclude from the application of the Convention installations or branches of economic activity for which equivalent protection is provided. The Committee requests the Government to provide information on the measures adopted or envisaged for the consultation of the most representative organizations of employers and workers in relation to the formulation, implementation and periodic review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee requests the Government to provide detailed information on the manner in which the exploration and extraction of mineral and energy resources and sanitary and security landfills are covered by protection equivalent to that set out in the Convention.

Article 5. System for the identification of major hazard installations. In its previous comments, the Committee requested the Government to adopt measures for the identification of major hazard installations in consultation with the social partners. The Committee notes the observations of the CUT concerning the absence of a system of identification. The Committee also notes that the third follow-up and evaluation report of the PNGR (August 2017) emphasizes the progress made in relation to the classification and enumeration of hazardous installations due to chemical risks. In this regard, sections 7 and 8 of the draft Decree on the Programme for the Prevention of Major Accidents establishes a mechanism to compile information on installations exposed to the risk of major accidents, which shall be determined by the Ministry of Labour during the 12 months following the publication of the Decree. The Committee requests the Government to provide information on the progress achieved, in consultation with the most representative organizations of employers and workers and other interested parties who may be affected, in the establishment of a system for the identification of major hazard installations, in accordance with Article 5 of the Convention.

The Committee is raising other matters relating to the application of the occupational safety and health Conventions (protection against specific risks) in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2018.]