Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Colombia

Asbestos Convention, 1986 (No. 162) (Ratification: 2001)
Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 1994)
Chemicals Convention, 1990 (No. 170) (Ratification: 1994)
Prevention of Major Industrial Accidents Convention, 1993 (No. 174) (Ratification: 1997)

Previous comment on Conventions Nos 162, 170 and 174Previous comment on Convention No. 167: direct request

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine the application of Conventions Nos 162 (asbestos), 167 (OSH in construction), 170 (chemicals) and 174 (major industrial accidents) together in a single comment.

The Committee notes the joint observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 31 August 2018, on the application of Convention No. 162, as well as the Government’s comments on these observations, received on 20 November 2018.

A.Protection against specific risks

1.Asbestos Convention, 1986 (No. 162)

Legislation. The Committee notes with satisfaction the adoption of Act No. 1968 of 2019, which prohibits the use of asbestos on the national territory as from 1 January 2021 and establishes guarantees for the health protection of nationals of Colombia.

Articles 3(2) and 14 of the Convention. Periodic review of national laws and regulations. Labelling of containers and products. With reference to its previous comments, the Committee notes with interestthe adoption of Decision No. 534 of 2020 issuing specific measures respecting the labelling of products containing asbestos, giving effect to a judicial ruling of 2020, which ordered the Ministry of Labour to issue regulations on this matter. The Committee notes that the Decision: (i) provides that all products manufactured, put up for sale, imported, exported or distributed which contain any type of asbestos in any proportion shall be marked with a visible label with the wording “warning this product contains asbestos”, without prejudice to the labelling and information requirements set out in other relevant standards (section 3); and (ii) contains specific provisions requiring that the label is visible immediately, truthful and adequate (section 4). The Committee notes this information, which responds to its previous request.

Articles 4 and 17. Consultations with employers’ and workers’ organizations. Demolition and removal. With reference to its previous comments, the Committee notes that Act No. 1968 of 2019 provides for: (i) the formulation of a public policy for the replacement of previously installed asbestos within a period of five years of its promulgation (section 3); and (ii) the creation of a National Commission for the Replacement of Asbestos, which the Committee observes includes representatives of five ministries and other actors, but does not appear to include representatives of the social partners among its members (section 6). The Government specifies that the policy will be focussed on promoting the overall management of installed asbestos products and their waste, and the strengthening of technical capacities, information management, communication and awareness-raising of strategic actors, based on the implementation of a plan of action for the period 2022–30.

The Committee also notes the Government’s indication that the public policy for the replacement of asbestos is being drawn up by the chemical safety working group of the National Technical Intersectoral Commission for Environmental Health (CONASA), under the leadership of the Ministry of the Environment and Sustainable Development and with the participation of the Ministry of Labour, other Ministries, Government bodies, various actors from the private sector, academics and social organizations. The Government emphasizes that in June 2021 consultations were held and the progress made in drawing up the policy was presented to the various actors, including the National Association of Public Service and Communication Enterprises of Colombia (ANDESCO), the Colombian Fibre Association (ASCOLFIBRAS) and the Colombia Free from Asbestos Foundation (FUNDCLAS). The Committee observes that it appears that workers’ organizations have not been participating in the process of drawing up the public policy for the replacement of asbestos.

The Committee also notes that the ANDI and the IOE indicate in their observations that the materials present in constructions are fibre-cement materials in which the fibres are coated in cement as a binder and there is no indication that friable asbestos has been used in construction in Colombia. With reference to these observations, the Government reiterates that, due to the environmental and geographical conditions in Colombia, asbestos and friable insulation materials containing asbestos have not been used in construction. The Committee requests the Government to adopt the necessary measures to ensure that, within the framework of the public policy for the replacement of installed asbestos it is guaranteed that: (i) both the demolition of installations or structures containing friable asbestos insulation materials, and the removal of asbestos from buildings or structures in which asbestos is liable to become airborne, may be undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work in accordance with the provisions of the Convention and who have been empowered to undertake such work (Article 17(1) of the Convention); (ii) before starting demolition work, the employer or contractor shall be required to draw up a work plan specifying the measures to be taken, including measures to provide all necessary protection to the workers, limit the release of asbestos dust into the air and provide for the disposal of waste containing asbestos (Article 17(2) of the Convention); and (iii) the workers or their representatives are consulted on the work plan referred to above (Article 17(3) of the Convention). The Committee requests the Government to provide information on the results of these measures.

The Committee also requests the Government to provide information on: (i) the process of the preparation and implementation of the public policy for the replacement of installed asbestos; and (ii) the functioning and activities of the National Commission for the Replacement of Asbestos. Moreover, while noting the Government’s indication that it plans to strengthen consultation mechanisms with the most representative organizations of employers and workers with a view to giving effect to the provisions of Act No. 1968 of 2019, the Committee requests it to specify whether the most representative organizations of employers and workers concerned have been consulted in relation to the public policy for the replacement of installed asbestos, including within the framework of the activities of the National Commission for the Replacement of Asbestos.

2.Chemicals Convention, 1990 (No. 170)

Legislation. The Committee notes with satisfaction the promulgation of Decree No. 1496 of 2018 adopting the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The Government indicates that the draft text of the Decree was circulated in the National OSH Committee, which is a technical body composed of representatives of workers, employers and Government bodies.

Articles 9, 10 and 11 of the Convention. Responsibilities of suppliers. Responsibilities of employers for the identification and transfer of chemicals. With reference to its previous comments, the Committee notes that Decree No. 1496 of 2018 (sections 8, 9, 15 and 17), Decree No. 1076 of 2015 issuing the consolidated regulations for the environment and sustainable development sector (sections 2.2.7B.1.3.2(2) and 2.2.7B.1.2.6) and Decision No. 773 of 2021 determining the action to be taken by employers for the application of the GHS in the workplace (sections 5, 6 and 21(2), (4), (5) and (9)) contain provisions which give effect to these Articles of the Convention.

Article 18(1) and (2). Right of workers to remove themselves from danger and to be protected against undue consequences. The Committee once again urges the Government to adopt the necessary measures to ensure that workers have the right 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 for doing so, in accordance with Article 18(1) and (2) of the Convention.

3.Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 4 of the Convention. National policy and consultation of employers’ and workers’ organizations. With reference to its previous comments, the Committee notes with satisfaction the adoption of Decree No. 1347 of 2021 amending Decree No. 1072 of 2015 issuing consolidated labour regulations, with a view to establishing provisions relating to the Programme for the Prevention of Major Accidents (PPAM). The Committee notes that, under the terms of sections 2.2.4.12.1 and 2.2.4.12.6 of the Decree, the PPAM includes all the comprehensive measures, procedures and interventions undertaken to increase the levels of protection of workers, the population and the environment through the management of the risk of major accidents in classified installations. The Committee also notes the Government’s indication that the draft text of the Decree was referred to the National OSH Committee in order to receive its comments. The Committee further notes that sections 2.2.4.12.21 to 2.2.4.12.23 provide for the creation, composition and functions of an interinstitutional technical working group in support of the PPAM composed permanently of representatives of various Government bodies, the responsibilities of which include the preparation of the necessary technical measures for the implementation of the PPAM. In this regard, the Committee recalls that Article 4 of the Convention provides that, in consultation with the most representative organizations of employers and workers, and in light of national conditions and practices, a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents shall be implemented and periodically reviewed. The Committee therefore requests the Government to indicate the measures adopted for the implementation and periodic review of the PPAM in consultation with the representative organizations of employers and workers.

The Committee also notes the Government’s indication concerning the preparation of draft decisions to regulate specific aspects of Decree No. 1347 of 2021, including: the design, implementation and monitoring of the management system for the prevention of major accidents; the identification of hazards, analysis, evaluation and action to deal with risks of major accidents, and the notification, reporting and investigation of major accidents. The Committee encourages the Government, during the process of the adoption of any supplementary regulations under Decree No. 1347 of 2021, to take into account the matters addressed in its direct request on Convention No. 174 with a view to ensuring the conformity of the legal framework for the prevention of major industrial accidents with the Convention.

B.Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 12(1) and (2) of the Convention. Right of workers to remove themselves from a situation of imminent and serious danger to their safety and health, and the employers’ obligation to stop the operation and evacuate workers. The Committee once again requests the Government to adopt the necessary measures to ensure that: (i) national laws or regulations provide that workers shall have the right to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety and health, and the duty to inform their supervisor immediately (Article 12(1) of the Convention); and (ii) where there is an imminent danger to the safety of workers, the employer shall take immediate steps to stop the operation and evacuate workers as appropriate (Article 12(2) of the Convention).

The Committee is raising other matters in a request addressed directly to the Government.