Asbestos Convention, 1986 (No. 162) - Colombia (Ratification: 2001)

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

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 13 (white lead, paint), 136 (benzene), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 170 (chemicals) and 174 (major industrial accidents) together in a single comment.

The Committee notes the observations of the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT), received on 1 September 2018, on the application of Conventions Nos 136 and 162, and the joint observations of the CUT, CTC and CGT, transmitted with the Government’s report, on the application of Conventions Nos 136, 162 and 174. The Committee also notes the Government’s reply, received on 20 November 2018, in relation to the 2018 observations of the CUT, CTC and CGT.

A.General provisions

Occupational Health Services Convention, 1985 (No. 161)

The Committee notes the information provided by the Government in relation to its previous comments on Articles 9(1) and 11 (multidisciplinary nature of occupational health services and qualifications required for persons providing such services) of the Convention.

Articles 2 and 4 of the Convention. Coherent national policy on occupational health services. Implementation measures. Consultation with employers and workers organizations. With reference to its previous comments, the Committee notes the Government’s indication in its report that the National OSH Plan 2022-31 was adopted by Decision No. 3077 of 2022. The Plan was prepared in a consensual manner with all the actors in the General Labour Risks System (SGRL) and seeks to contribute to the improvement of the health and working conditions of all dependent, self-employed and own-account workers and vulnerable groups in the national territory. The Government specifies that the Plan was formulated with the participation of the National OSH Committee (of tripartite composition), Government bodies, employers and trade unions and workers. The Committee also welcomes the fact that the National OSH Plan envisages activities intended to: (i) articulate action for the surveillance of the health of workers with a view to the management of risks at the national and territorial levels (operational item 2.1); articulate action for the provision of services by health-care institutions, health promotion bodies and occupational risk administrators (ARLs) (operational item 2.2); (iii) develop and promote occupational medicine activities for the control of health risks (operational item 4.5); and (iv) promote the OHS management system (SG-SST) in enterprises and compliance with minimum standards (operational item 4.8). The Committee requests the Government to provide information on the progress achieved in the implementation of the National OSH Plan 2022-31, with particular reference to measures relating to occupational health services. The Committee also requests the Government to indicate the measures adopted for the periodic review of the Plan in consultation with the most representative organizations of employers and workers.

Articles 3 to 5. Progressive development of occupational health services for all workers. Consultation and functions. With reference to its previous comments, the Committee notes the Government’s indication in its report that, following the adoption of Decision No. 3710 of 2019, existing sectoral national OSH committees were restructured and others have been established for priority economic sectors, and that there are currently eleven committees at the national level (for the public, agricultural, health, construction, hydrocarbon, mining, electricity, transport, information and communication technology and small and medium-sized enterprise sectors and for pneumoconiosis agents), which are composed of representatives of workers, employers and State bodies, among other actors. The Committee notes this information, which addresses its previous request.

Article 5. Functions of occupational health services. 1. Adequate and appropriate functions for the occupational health risks of the enterprises. With reference to its previous comments, the Committee notes that, according to the information provided by the Government, amendments were made in 2018 and 2022 to Decree No. 1072 of 2015 issuing consolidated labour regulations, which regulates the SG-SST, which has to be implemented by all employers, irrespective of their nature or size, with the participation of workers, with a view to ensuring the application of OSH measures, the improvement of the behaviour of workers, working conditions and environment, and the effective control or risks and hazards at the workplace.

In this regard, the Committee notes that section 2.2.4.6.37 of Decree No. 1072, as amended in 2016 and 2017, provides that all public and private employers, contractors of personnel under any type of civil, commercial or administrative contract, solidarity economy and cooperative organizations, as well as temporary work enterprises, shall replace the occupational health programme by the SG-SST, as from 1 June 2017, and that as from that date a process shall be commenced which shall result in the implementation, follow up and regular inspection of the system. The Committee also notes that Decision No. 312 of 2019 has established minimum standards with which enterprises, employers and contractors must be in compliance within the framework of the SG-SST, and that the standards have been set as a function of the number of workers employed and the risk classification of their work. With reference to the latter issue, the Committee notes that the Decision establishes differentiated minimum OSH standards for three groups of enterprises, employers and contractors, classified according to the level of risk. In relation to the type of risks, the Committee notes that Decree No. 768 of 2022 approved an updated schedule of the classification of economic activities based on the type of risk involved. Recalling that in previous reports the Government indicated that the majority of the functions of occupational health services set out in Article 5 of the Convention are entrusted to occupational risk administrators (ARLs), the Committee requests the Government to provide updated information on the manner in which, within the framework of the SG-SST, such functions are implemented in each of the three groups of enterprises, employers and contractors indicated in Decision No. 312 of 2019, with an indication of whether they continue to be entrusted to the ARLs or to other entities responsible for occupational health services at the enterprise level.

2. Mining sector. The Committee notes the information provided by the Government in reply to its previous request concerning the national policy for the formalization of mining and the national mining safety policy, which has been updated by Decision No. 40209 of 2022, In particular, the Government explains that the policy was updated after a high rate of accidents and fatal occurrences had been noted in the context of the previous policy and that the updated policy has the objective of reducing that rate and improving the safety conditions of work in the mining sector through the development and implementation of a culture of prevention. Within the context of the updated policy, the objective is for the accident rate in mining in Colombia to be reduced by 40 per cent by 2025 in relation to the current rate and by 80 per cent by 2030. The Committee requests the Government to indicate whether specific measures have been adopted in practice to reinforce health services in the mining sector, and particularly: (i) the organization of first aid and emergency treatment (Article 5(j) of the Convention); and (ii) the participation of workers in analysis of occupational accidents and diseases (Article 5(k) of the Convention). The Committee also requests the Government to provide information on the implementation of the updated national mining safety policy, with an indication of the progress achieved in the reduction of the accident rate in the sector.

Article 10. Full professional independence of the personnel providing occupational health services. With reference to its previous comments, the Committee notes the Government’s indication that, in accordance with section 2.2.4.6.29 of Decree No. 1072 of 2015, with a view to complying with the requirement to carry out annual audits of the SG-SST, employers may have recourse to suitable internal personnel, who shall be independent of the activity, area or process under verification. As this provision does not address the substance of its previous comment, the Committee once again requests the Government to indicate the provisions adopted to ensure the full professional independence of the personnel providing occupational health services.

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. With reference to its previous comments, the Committee notes the Government’s indication that section 2.2.4.6.15 of Decree No. 1072 of 2015 provides that the employer shall inform the joint or monitoring OSH committee of the results of working environment evaluations so that it can issue the appropriate recommendations. The Committee requests the Government to indicate whether employers are required to transmit this information to the ARLs or other bodies responsible for health services at the enterprise level.

Article 15. Notification to occupational health services of occurrences of ill health among workers and absence from work. With reference to its previous comments, the Committee notes the Government’s indication that, following its amendment by Decision No. 2851 of 2015, section 3 of Decision No. 156 of 2005 adopting the format of employment injury and occupational disease notifications, provides that: (i) the employer or contractor shall notify the corresponding ARL of the occurrence of an occupational disease, submitting a report for that purpose within two working days of the diagnosis; (ii) workers or their representatives may submit the report to the ARL if the employer has not done so within the time limit indicated; and (iii) on the basis of the report received, among other evidence, the bodies established by law shall determine the origin of the disease. The Committee requests the Government to indicate whether measures have also been adopted to ensure that the ARLs or other entities responsible for health services at the enterprise level are informed of absences from work for health reasons in order to be able to identify whether there is any relation between the reasons for the absence and any health hazards which may be present in the workplace.

B.Protection against specific risks

1.While Lead (Painting) Convention, 1921 (No. 13)

Legislation. With reference to its previous comments, the Committee notes with interest the adoption of Act No. 2041 of 2020, guaranteeing the right of persons to develop physically and intellectually in an environment free from lead, and setting limits for its content in products commercialized in the country.

The Committee also notes the information provided by the Government in relation to its previous comments on Article 5(I) and (II) (requirement to regulate the use of white lead, sulphate of lead and any other product containing these pigments in operations for which their use is not prohibited) of the Convention.

Article 1 of the Convention. Prohibition of the use of while lead, sulphate of lead and all other products containing these pigments. Maximum authorized limit for the use of white pigments. Consultation of employers’ and workers’ organizations. With reference to its previous comments, the Committee notes that section 9 of Act No. 2041 of 2020: (i) prohibits the use, manufacture, import or commercialization in the country of architectural paint (also for decorative use or in the home or works) which contains lead in any of its forms at levels higher than those set out in the technical regulations issued by the Government; and (ii) provides that until such regulations are issued, the prohibition shall apply to architectural paint containing in excess of 90 parts per million (0.009 per cent) of lead. Recalling that, as a general rule, Article 1 of the Convention requires the prohibition of the use of sulphate of lead and all products containing these pigments in the internal painting of buildings, the Committee requests the Government to specify whether this prohibition is included in the prohibition of the use of architectural paint (also for decorative use or in the home or works) which contains lead, as envisaged in section 9 of Act No. 2041 of 2020. The Committee also requests it to provide information on the system that was used to consult the employers’ and workers’ organizations concerned prior to the adoption of the Act. It further requests the Government to provide information on the technical regulations that have been adopted with a view to establishing the maximum limits for lead permitted in paint in accordance with the recommendations of the World Health Organization and the Organisation for Economic Co-operation and Development, in conformity with sections 10 and 17 of the Act.

Also with reference to its previous comments, the Committee notes the Government’s indication in its report that project No. 9771 of the Global Environment Facility (GEF) on Global Best Practices on Emerging Chemical Policy Issues of Concern under the Strategic Approach to International Chemicals Management envisages the promotion of regulatory and voluntary action by governments and industry to phase out lead in paint. The Committee also notes the Government’s indication that the implementation of the project in Colombia commenced in 2019 and that, within the context of the project, a market study on paint in Colombia on the baseline for paint containing lead was undertaken in 2020. The Committee notes that, according to the study, white lead is almost not used in the country. The Committee requests the Government to continue providing information on the measures adopted within the context of project No. 9771 of the GEF, and particularly on those that give effect to the provisions of the Convention.

Article 5(III). Requirement to regulate the use of white lead, sulphate of lead and any other product containing these pigments in operations for which their use is not prohibited. Health surveillance and special precautions. The Committee notes that section 13 of Act No. 2041 of 2020, guaranteeing the right of persons to develop physically and intellectually in an environment free from lead, provides that: (i) prior to the entry of the worker, an initial assessment shall be carried out of the levels of lead to ensure that they are below the legal limits and if the assessment indicates that any worker is subject to exposure that is equal to or higher than those limits, the employer, together with the ARL, shall carry out regular environmental controls with a view to reducing the sources of exposure in the enterprise and the re-establishment of the health of the worker; (ii) in those workplaces in which there exists a risk of exposure to lead, the employer shall carry out an evaluation of the maximum permissible limits of lead in working environments by gathering personal samples, equipping the worker with measuring devices, taking into account the work performed, the working conditions and the duration of exposure; and (iii) the Ministry of Labour, together with the Ministry of Health and Social Protection, shall determine the methods of sampling, conditions for sampling and analysis used and supervise their implementation. The Committee also notes that section 19 of the Act provides that the National OSH Committee shall ensure the execution, evaluation and implementation of the appropriate and necessary action to contribute to the preservation of the health of workers in environments in which lead is present. The Committee takes note of this information, which addresses its previous request.

Article 7. Statistics on lead poisoning among working painters and application in practice. With reference to its previous comments, the Committee notes the Government’s indication that, according to the information provided by the ARLs, in May 2021 there were 18 diagnosed cases of illnesses due to the toxic effects of lead and its compounds, of which ten had occurred in enterprises engaged in the manufacture of electrical accumulators and batteries, and there were no references to cases of lead poisoning or presumed lead poisoning among working painters.

The Committee also notes the Government’s comments in relation to the previous observations of the CUT, in which it refers to the measures adopted to increase the number of labour inspectors, as well as the establishment in 2022 of internal labour inspection groups for occupational risks at both the central level and in various territorial departments and special offices with a view to reinforcing inspection in this respect. The Committee also notes that section 7 of Act No. 2041 of 2020 provides that the health and labour authorities, within the scope of their competences, shall reinforce control and follow-up action with a view to controlling the exposure of workers to lead. The Committee requests the Government to provide information on the measures adopted to ensure the enforcement in workplaces of the prohibition of the use of architectural paints (also for decorative use or in homes or works) containing lead, as envisaged in section 9 of Act No. 2041 of 2020.

2.Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene. With reference to its previous comments, the Committee notes the Government’s indication in its report that, although OSH standards have been adopted that are applicable to workers engaged in high-risk activities, standards have not been adopted on specific substances, such as benzene. The Committee also notes the indication by the CTC, CUT and CGT in their observations that the standards adopted by the Government do not prohibit the use of benzene or of products containing benzene and reiterate that it is necessary for the Government to identify situations of risk in all activities in which workers are exposed to benzene and products containing benzene, which should be enumerated and regulated. The Committee also notes the Government’s reference to a draft Decision adopting technical OSH regulations for the prevention and control of the risk of exposure to benzene and its compounds, which is being reviewed for its technical and legal feasibility and will subsequently be referred for consultation with the actors concerned and published to gather observations. The Committee requests the Government to continue providing information on any progress achieved in the adoption of these regulations, with a view to determining the types of work in which the use of benzene and products containing benzene shall be prohibited.

Article 5. Preventive occupational hygiene and technical measures. With reference to its previous comments, the Committee notes the Government’s indication that: (i) the guide on comprehensive evidence-based occupational health care for workers exposed to benzene and its products (GATISO-BTX-EB) was produced with a view to issuing evidence-based recommendations for the comprehensive management (promotion, prevention, diagnosis, treatment and rehabilitation of central and/or peripheral neurotoxicity associated with occupational exposure to benzene, with the indication that the Occupational Risks Department is reviewing the technical, legal and contractual feasibility of updating the guide; (ii) the ten-year plan for controlling cancer 2012-21 is still in the process of implementation at the national level, with the indication that under strategic item 1 controlling the risk of occupational carcinogens is envisaged (No. 1.5) and the objective is set of between 50 and 70 per cent of formal sector enterprises which handle the five principal occupational carcinogenic substances, which include benzene, will have levels of exposure below the permissible limit value; (iii) in 2016, the occupational cancer epidemiological surveillance system was created with the objective, for preventive purposes, of collecting and analysing reliable and updated information on the characteristics of occupational exposure, of workers exposed to carcinogenic substances and health events related to such exposure to the five carcinogenic substances referred to in the ten-year plan; (iv) in 2017, the Ministry of Labour and the National Cancerology Institute issued a booklet on the prevention of the chemical risk of exposure to asbestos, benzene and silica in motor mechanical workshops in Bogotá, with reference to the possibility of updating the booklet and issuing documents for the dissemination of preventive information; and (v) regulations are in the process of being drawn up on minimum preventive action for work involving toxic and carcinogenic substances, including benzene.

The Committee notes the indication by the CTC, CUT and CGT in their observations that the ARLs are not discharging effectively their function of providing technical support within the framework of the SG-SST and they consider it necessary for them to develop prevention mechanisms in view of the risk arising from benzene and products containing benzene. In this regard, the Government refers to the legislative provisions requiring the ARLs to provide technical advice and assistance to their member enterprises and workers in the context of the implementation of the SG-SST (section 2.2.4.6.9 of Decree No. 1072 of 2015) and regulating the promotional and preventive services for which they are responsible, including the development of risk prevention and surveillance activities and programmes in member enterprises and the provision of technical advice to carry out studies to assess occupational or industrial hygiene, the design and control of technical control measures, based on the risk level, with a view to reducing the exposure of workers to permissible levels (sections 10 and 11 of Act No. 1562 of 2012). The Committee requests the Government to continue providing information on the adoption and implementation of preventive technical and occupational hygiene measures to ensure the effective protection of workers exposed to benzene or products containing benzene, with an indication of the measures adopted in practice by the ARLs and the progress achieved in relation to the action referred to in the previous paragraph.

Article 9(1)(b). Periodic medical examinations of workers. With reference to its previous comments, the Committee notes that section 7.3.2 of the GATISO-BTX-EB indicates the manner in which surveillance must be maintained of the health of workers at risk of developing central or peripheral neurotoxicity and who are exposed to benzene and its derivatives, and that flow chart No. 4 of the guide indicates that the medical surveillance of the neurological pathology of exposed workers shall be carried out annually and if the result of the monitoring is positive, the worker concerned must be removed from exposure to benzene and its derivatives and subsequently reassessed. The Committee notes that section 1 of Decision No. 1013 of 2008 provides that the GATISO-BTX-EB is a required reference for employers and other actors in the SG-SST for the health surveillance of workers exposed to benzene and its derivatives. Nevertheless, the Committee notes the indication by the CTC, CUT and CGT in their observations that, at the operational level, the regular examinations of workers do not correspond to the specific needs and characteristics of the activities that they perform, including in the case of workers exposed to benzene. The Committee requests the Government to provide information on the implementation in practice of the directives contained in the GATISO-BTX-EB on the health surveillance of workers exposed to benzene or products containing benzene.

3.Asbestos Convention, 1986 (No. 162)

Articles 4 and 10 of the Convention. Consultation of employers’ and workers’ organizations. Replacement of asbestos or the total or partial prohibition of its use. With reference to its previous comments, the Committee notes that Act No. 1968 of 2019 provides that: (i) as from 1 January 2021, it shall be prohibited to use, produce, commercialize, import, distribute or export any type of asbestos or products containing asbestos manufactured on the national territory, but that this prohibition does not cover asbestos installed prior to that data (section 2); (ii) as from the adoption of the Act, concessions, licences and permits shall not be granted or extended for the exploitation or exploration for asbestos in the national territory (section 4); (iii) a plan for the adaptation of work and the reconversion of production shall be drawn up for workers in asbestos mines and the asbestos industry (section 5); and (iv) the National OSH Commission on asbestos, chrysotile and other fibres shall cease to function as from 1 January 2021 (section 8).

The Committee also notes the Government’s indication that, within the framework of the Act, Decree No. 402 of 2021 was adopted establishing provisions related to the prohibition of the import and export of asbestos, and the National OSH Commission on pneumoconiosis agents has been established in accordance with Decision No. 3710 of 2019. The Committee notes that sections 29 and 32 of the Decision provide respectively that the National OSH Commission on pneumoconiosis agents is a technical and operational body for the policies and guidance of the SGRL in relation to the exploitation and safe use of pneumoconiosis agents and that it includes representatives of workers and employers among its members. The Government specifies that the Commission includes representatives of the CTC, CUT and CGT.

With regard to consultation, the Committee notes the Government’s indication that: (i) the former National OSH Commission on asbestos, chrysotile and other fibres, in which representatives of the social partners participated, formed part of the working group established to discuss the draft of the Bill prohibiting the use of asbestos; (ii) it is planned to reinforce mechanisms for the consultation of the most representative organizations of employers and workers to give effect to the provisions of Act No. 1968 of 2019; and (iii) in general, in the development and adoption of all rules on asbestos, special importance will be given to consultation and dialogue with workers’ and employers’ organizations. With reference to its request in relation to Articles 4 and 17, contained in its observation on Convention No. 162, the Committee requests the Government to continue providing information on the consultations held on this subject with the most representative organizations of employers and workers concerned, including the consultations held within the context of the National OSH Commission on pneumoconiosis agents.

Articles 19 and 21. Disposal of waste and protection of the environment. Surveillance of workers’ health. The Committee notes that sections 11 and 12 of Act No. 1968 of 2019 provide respectively that: (i) the Ministry of Labour, together with other ministries, shall develop campaigns for the dissemination and promotion of the appropriate handling of installed asbestos and its processing as a hazardous waste in accordance with Decree No. 4741 of 2005, which partially regulates prevention and the handling of hazardous waste and residues produced within the context of the overall management process; and (ii) a comprehensive process shall be established for care of persons exposed to asbestos, through which information and guidance will be provided on the available rights, measures and resources, and health care, including forensic medical and specialized examinations for diagnosis and treatment. The Government indicates that, with a view to the implementation of these provisions, in 2020 virtual consultations were held on the technical guide for the environmental management of asbestos waste, published in 2015, with the environmental authorities in the country (and it is hoped to repeat them face to face) and that the Ministry of Health and Social Protection has prepared a draft Decree issuing guidance for the comprehensive process for the health care of persons exposed to asbestos. The Committee notes the indication by the CTC, CUT and CGT in their observations that the adoption of Act No. 1968 is a positive step, while also expressing concern at the situation and the transition of workers who have been working in the asbestos industry and who suffer from illnesses related to asbestos and may be diagnosed with such diseases subsequently. The Committee requests the Government to continue providing information on the measures adopted or envisaged within the framework of Act No. 1968 of 2019 to give effect to each of the provisions of Article 19 (disposal of waste and protection of the environment). It also requests the Government to provide detailed information on the measures that are being adopted to ensure the necessary surveillance of the health of workers, including following their period of employment, in accordance with Article 21.

Application in practice. The Committee notes the Government’s indication that the Las Brisas mine, located in the north of the department of Antioquia, suspended the extraction of asbestos in 2018, and that it was the only mine for the extraction of asbestos in Colombia. The Government adds that the Ministry of Labour has produced a report on the characterization of asbestos in Colombia in 2015-20, which identifies economic sectors in which there was exposure to asbestos in the production process between 2015 and 2020, and the workers exposed to asbestos over that period. In their observations, the CTC, CUT and CGT call on the Government to provide detailed information on the findings of the report and express concerns with regard to inspection, surveillance and the enforcement of Act No. 1968 of 2019. The workers’ organizations also indicate that the legislation adopted by the Government to give effect to the Convention is not implemented in practice and that there is no information on the number of inspections, penalties and measures adopted to ensure the protection of workers exposed to asbestos. The Committee requests the Government to provide its comments in this regard, and to provide information on the activities undertaken in practice by the labour inspection services, including the penalties imposed, to ensure the application in practice of the provisions of the Convention, and particularly Article 17 (demolition and removal of asbestos from buildings and structures) and 19 (disposal of waste containing asbestos).

4.Chemicals Convention, 1990 (No. 170)

Article 3 of the Convention. Measures to give effect to the Convention and consultation of employers’ and workers’ organizations. The Committee notes the Government’s indication in its report that Decree No. 1630 of 2021 envisages in section 2 the implementation of four management tools: (i) a national inventory of chemicals for industrial use, which will act as a database for storing information on the chemicals produced and imported throughout the national territory; (ii) a tool for the prioritization of chemicals, which will be contained in the national inventory and will serve to identify chemicals considered to have the greatest impact on health and the environment; (iii) the risk evaluation for health and the environment; and (iv) a programme for the reduction and management of risks to the environment and health. The Committee notes that the Decree, in section 4, also contains provisions respecting the environmental monitoring of chemicals used in industry, and monitoring of the health effects of the use of such chemicals. The Committee requests the Government to continue providing information on the measures adopted for the comprehensive management, including the risk management, of chemicals used in industry within the framework of Decree No. 1630 of 2021 and their results, as well as on the consultations held in this regard with the most representative employers’ and workers’ organizations concerned.

Articles 6, 7 and 8. Classification systems. Labelling and marking. Safety data sheets. With reference to its previous comments, the Committee notes that Decree No. 1496 of 2018 provides that: (i) its provisions shall apply throughout the national territory to all natural persons and associations, public and private, in all economic activities involving the extraction, production, import, storage, transport, distribution, commercialization and the various uses of chemicals which have at least one of the characteristics of danger in accordance with the criteria of the Globally Harmonized System for Classification and Labelling of Chemicals (GHS), irrespective of whether they are pure chemicals, diluted solutions or mixtures thereof (section 2); (ii) the classification of the hazards of chemicals shall be undertaken on the basis of the provisions of the GHS (section 4); (iii) labels and safety data sheets shall be adopted as means for the communication of hazards related to chemicals, and the labels shall contain the elements set out in the GHS (sections 1, 6 and 7); and (iv) the automotive land transport of chemicals shall be subject to the regulations respecting the road transport of hazardous goods envisaged in Decree No. 1079 of 2015, issuing consolidated regulations for the transport sector, including the applicable provisions of the GHS. After noting this information, the Committee requests the Government to indicate whether measures have been adopted to ensure that: (i) in the case of other types of transport (other than automotive land transport), the systems and criteria for classification and labelling or marking of chemicals take into account the United Nations Recommendations on the transport of dangerous goods (Articles 6(3) and 7(3)(2) of the Convention); and (ii) the classification systems and their application are progressively extended (Article 6(4) of the Convention).

Article 12(d). Keeping of records of the monitoring of the working environment and of the exposure of workers. With reference to its previous comments, the Committee notes that section 17 of Decree No. 1496 of 2018 provides that the employer shall guarantee that, in workplaces, when chemicals are handled, compliance is ensured with the provisions respecting exposure and monitoring set out in, among others, in Article 12 of the Convention and in Decree No. 1072 of 2015. In this regard, the Committee notes the Government’s reference to section 2.2.4.6.13 of the Decree, which provides that the employer shall keep, for a minimum period of 20 years following the termination of the employment relationship of the worker with the enterprise, the results of epidemiological health profiles and the recruitment, regular and retirement examinations of workers, and the results of measurements and monitoring of the working environment. The Committee requests the Government to indicate the manner in which it is guaranteed that the above information is accessible to workers and their representatives.

Article 18(3) and (4). Information to be provided to workers. With reference to its previous comments, the Committee notes that section 21 of Decision No. 773 of 2021 provides that employers shall: (i) ensure the communication of hazards to all workers in respect of hazardous chemicals to which they may be exposed (section 21.3); (ii) provide capacity-building and training for workers engaged in the handling of hazardous chemicals on labels, pictograms, safety data sheets and the GHS, among other measures, at least once a year, and on the hazards, risks and prevention measures for the safe use of and procedures for action in the event of emergencies involving chemicals (section 21.7); and (iii) ensure that workers are able, at any time, to have access to consult the safety data sheets of all the chemicals that are handled at the workplace (section 21.9). The Committee also notes that section 19 of the Decision provides that in the case of chemicals that include commercially sensitive information, the names of the chemicals, the description of their composition in mixtures, the Chemical Abstract Service (CAS) numbers may be omitted and it shall be indicated on the label and safety data sheet that it is a commercial secret, with the requirement to include the rest of the hazard information concerning the chemical concerned and to ensure that the use of the chemical is not prejudicial to the health and safety of the workers. While noting the provisions of section 21 of Decision No. 773 of 2021, which require employers to provide information to and to train workers principally in relation to hazardous chemicals, the Committee requests the Government to indicate the measures adopted to ensure that, in accordance with Article 18(3)(a) and (b) of the Convention, the workers concerned and their representatives shall have the right to: (i) information on the identity of chemicals used at work, the hazardous properties of such chemicals, precautionary measures, education and training; and (ii) the information contained in labels and the symbols of non-hazardous chemicals. With reference to Article 18(3)(d) of the Convention, the Committee requests the Government to refer to the comments made above on Article 12(d) (keeping of records of the monitoring of the working environment and of the exposure of workers). The Committee also requests the Government to indicate the measures adopted to ensure that, in accordance with Article 18(3)(d) of the Convention, the workers concerned and their representatives shall have the right to obtain any other information required to be kept by the Convention, with an indication of whether they have the right to information relating to the updated inventory of all chemicals that employers are required to keep under the terms of section 21(2) of the above Decision.

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

Articles 1 and 2 of the Convention. Scope of application. The Committee notes that Decree No. 1347 of 2021 provides that the provisions respecting the Programme for the Prevention of Major Accidents (PPAM): (i) shall apply throughout the national territory to natural persons and associations responsible for new and existing classified installations (section 2.2.4.12.2); and (ii) that, nevertheless, the transport of hazardous substances by, among other methods, pipes (except for pumping systems, temporary storage, definitive storage or transfer), the exploration and extraction of mineral and energy resources (with the exception of installations for processing following extraction) and sanitary fillers or safety fillers or cells (section 2.2.4.12.4). The Committee recalls the Government’s indication that the draft text of Decree No. 1347 of 2021 was referred to the National SST Committee for comment. The Committee also considers it appropriate to recall that, in accordance with Article 1(4), 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 detailed information on the manner in which it is ensured that workers engaged in activities related to the transport of hazardous substances through pipes, the exploration and extraction of mining and energy resources and health and safety fillers, with the exceptions referred to above, are provided with protection equivalent to that afforded by the Convention.

Article 5. System for the identification of major hazard installations. With reference to its previous comments, the Committee notes that Decree No. 1347 of 2021 provides for: (i) a system for the classification of installations covered by the PPAM, with reference to a list of chemicals associated with major accidents and their presence above certain minimum threshold limits (section 2.2.4.12.3) and; (ii) those responsible for installations in which chemicals are present shall classify themselves the installations for which they are responsible as being classified or not classified, and register classified installations with the Ministry of Labour, in accordance with the reporting system and periods established (sections 2.2.4.12.7 and 2.2.4.12.8). The Committee notes that section 2.2.4.12.8 of the Decree provides that the Ministry of Labour shall determine the reporting system for classified installations and the reporting periods. The Committee requests the Government to continue its efforts to ensure that the classification system to which it refers is regularly reviewed and updated, in accordance with Article 5(2) of the Convention.

Article 6. Protection of confidential information. With reference to its previous comments, the Committee notes that section 2.2.4.12.15 of Decree No. 1347 of 2021 provides that information on the risks, strategies, action and behaviour to be adopted in the event of major accidents, which shall be provided by those responsible for installations classified with the Ministry of Labour, shall be considered to be information available to members of the public without them having to request it, which shall be made available to the public through the national information system for the management of the risk of disasters. The Committee notes that this provision provides that the Ministry of Labour shall establish guidance on the definition of the information to be provided to the public. The Committee also observes that the provision does not refer to the protection of confidential information. The Committee requests the Government to continue its efforts for the adoption of the necessary measures, in consultation with the representative organizations of employers and workers concerned, to ensure the protection of confidential information that employers transmit or make available to the competent authority, in accordance with Articles 8 (notification), 12 (safety report), 13 and 14 (accident report) of the Convention.

Article 8. Obligation of notification. With reference to its previous comments, the Committee notes that section 2.2.4.12.8 of Decree No. 1347 of 2021 provides that those responsible for installations in which chemicals are present shall classify themselves the installations for which they are responsible as being classified or not classified, and register classified installations with the Ministry of Labour, which shall determine the information to be reported. The Committee observes that this provision does not cover all the elements envisaged in Article 8 of the Convention in relation to the requirement for employers to notify the competent authority of any major hazard installation. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that employers notify the competent authorities: (i) of any major hazard installation which they have identified within a fixed time frame for an existing installation and before it is put into operation in the case of a new installation (Article 8(1)(a) and (b) of the Convention); and (ii) before any permanent closure of a major hazard installation (Article 8(2) of the Convention).

Article 9(d)(ii) and (iii). Information on emergency plans for the competent authorities. With reference to its previous comments, the Committee notes that Decree No. 1347 of 2021 (sections 2.2.4.12.9, 2.2.4.12.10 and 2.2.4.12.17) and Decree No. 1081 of 2015 of the President of the Republic issuing consolidated regulations for the sector (section 2.3.1.5.2.1.1(3.1)) contain provisions which give effect to this Article of the Convention. The Committee takes note of this information, which addresses its previous request.

Articles 10, 11 and 12. Safety report. With reference to its previous comments, the Committee notes that section 2.2.4.12.11 of Decree No. 1347 of 2021 provides that: (i) those responsible for classified installations shall submit the safety report to the Ministry of Labour, in accordance with the provisions issued by the latter; and (ii) the report shall be updated every five years, or in the following cases: when a major accident occurs in the installation; when evidence is found which jeopardizes the safety of the installation through inspection, surveillance and monitoring processes; where there is new technological knowledge relating to the prevention of major accidents; when the list of hazardous chemicals associated with major accidents is modified; or, finally, if new installations are identified that must be classified as a result of new projects, extensions or due to an unexpected condition during operation which presupposes a major risk and which was not identified previously. Section 2.2.4.12.25 of the Decree provides for a period of two years, from the issue of guidance by the Ministry of Labour, for existing classified installations to submit the safety report. The Committee requests the Government to continue its efforts for the adoption of the necessary measures, during the process of the development of the guidance referred to above, to ensure that the safety report for which employers are responsible is drawn up in accordance with the requirements of Article 9 (arrangements at the level of the installation), both for existing major accident installations (within the period following notification prescribed by national laws or regulations) and for any new major hazard installation (before it is put into operation), in accordance with Article 10(1) and (2) of the Convention.

Article 13. Requirement to inform the competent authority of the occurrence of a major accident. With reference to its previous comments, the Committee notes that section 2.2.4.12.12 of Decree No. 1347 of 2021 provides that those responsible for classified installations shall keep a record of incidents and report the occurrence of any major accident within a period of no more than 24 hours of such occurrence. The Committee notes that this provision also requires the Ministry of Labour to determine requirements for the reporting of major accidents. The Committee observes that this provision does not specify the competent authorities or bodies to which a major accident shall be reported, nor that the accident shall be reported as soon as if occurs. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that employers inform the competent authority and other bodies designated for this purpose as soon as a major accident occurs.

Article 14. Accident reporting. With reference to its previous comments, the Committee notes that section 2.2.4.12.13 of Decree No. 1347 of 2021 provides that, when a major accident occurs, the person responsible for the classified installation shall present a detailed report to the Ministry of Labour containing an analysis of the cause of the incident or accident, describing its immediate on-site consequences and any action taken to mitigate its effects. This section also provides that the Ministry of Labour may require the extension of or a more in-depth investigation and that it shall determine the requirements for the investigation of major accidents, as well as the procedure for the delivery of reports of the investigations by those responsible for classified installations, The Committee observes that this provision does not require the report on a major accident to be presented within a fixed time frame. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that the report on a major accident is presented to the competent authority within a pre-established time frame (Article 14(1) of the Convention).

Articles 15 and 16. Plans for emergencies outside the installation. With reference to its previous comments, the Committee notes that Decree No. 1347 of 2021 provides that the person responsible for the classified installation shall deliver to the corresponding municipal or district authorities the following: (i) the emergency and contingency plan, for the purpose of its use as a technical input for the municipal plan for the management of the risk of disasters and the emergency response strategy and that the National Unit for the Management of the Risk of Disasters shall determine the requirements for the inclusion by municipal authorities of the risk of major accidents in municipal risk management (section 2.2.4.12.17); and (ii) specific information for the purposes of territorial planning, in relation to technical analyses of the risks of major accidents included in the safety report for the purpose of the inclusion by the authorities of this information in territorial planning processes, and that the Ministry of Housing, the City and the National Territory shall determine the requirements for the incorporation of the risk of major accidents in territorial planning (section 2.2.4.12.18).

Moreover, sections 2.2.4.12.15 and 2.2.4.12.16 of the Decree provide respectively that: (i) those responsible for classified installations shall provide the Ministry of Labour with information on the risks, strategies, action and behaviour to be adopted in the event of major accidents and that this information shall be considered as information available to members of the public without them having to request it, which shall be made available to the public through the national information system for the management of the risk of disasters; and (ii) the Ministry of Labour shall deliver to the Ministry of Foreign Affairs the information to be exchanged with other States in relation to the prevention, reporting and response to major accidents which could have transboundary effects. In view of the absence of specific provisions in this regard, the Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that: (i) in the context of the territorial management of risks and the processes of territorial planning, emergency plans and procedures containing provisions for the protection of the public and the environment outside the site of each major hazard installation are updated at appropriate intervals and coordinated with the relevant authorities and bodies (Article 15 of the Convention); (ii) the information that is disseminated to members of the public liable to be affected by a major accident shall include information on safety measures and the correct behaviour to adopt in the case of a major accident, and is updated and re-disseminated at appropriate intervals (Article 16(a) of the Convention); (iii) warning is given as soon as possible in the case of a major accident (Article 16(b) of the Convention); and (iv) where a major accident could have transboundary effects, the information required in (ii) and (iii) above is provided to the States concerned (Article 16(c) of the Convention).

Article 17. Comprehensive siting policy. With reference to its previous comments, the Committee recalls the Government’s indication that there are no specific national provisions on the siting policy and it also notes that section 2.2.4.12.18 of Decree No. 1347 of 2021 provides that the Ministry of Housing, the City and the Territory shall determine the requirements for the inclusion of the risk of major accidents into territorial planning. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that the competent authority establishes a comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities, and appropriate measures for existing installations, in accordance with this Article of the Convention.

Article 18. Inspection. The Committee notes the indication by the CTC, CUT and CGT in their observations that, in the context of the ILO Conventions on labour inspection, they have reported the weakening of the labour inspection services and the urgent need to strengthen this mechanism for the enforcement of labour legislation. The Committee also notes that section 2.2.4.12.14 of Decree No. 1347 of 2021 contains provisions on inspection, surveillance and control of compliance with its provisions, as a function entrusted to the Ministry of Labour. The Committee requests the Government to refer to its comments on the application of the Labour Inspection Convention, 1947 (No. 81).

Article 20. Rights of workers and their representatives. With reference to its previous comments, the Committee notes that Decree No. 1347 of 2021 provides that: (i) the person responsible for the classified installation shall ensure the participation of workers in development of risk analyses and the emergency and contingency plan (section 2.2.4.12.19(9)); and (ii) in a classified installation, the workers shall inform the employer, contractor or the competent authorities if any potential danger that they consider could cause a major accident is not taken into account by the employer or contractor (section 2.2.4.12.20(3)). Noting the absence of specific provisions in this regard, the Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that workers and their representatives: (i) are consulted in the preparation of the safety report and accident reports (Article 20(c)(i) and (iii) of the Convention); and (ii) take corrective action and if necessary interrupt the activity where, on the basis of their training and experience, they have reasonable justification to believe that there is an imminent danger of a major accident, without being placed at any disadvantage (Article 20(e) of the Convention).

Article 22. Responsibility ofexporting countries. The Committee observes that Decree No. 1347 of 2021 does not contain provisions which give full effect to this Article of the Convention. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that when, in an exporting State, the use of hazardous substances, technologies or processes is prohibited as a potential source of a major accident, the information on this prohibition and the reasons for it shall be made available to any importing country, in accordance with this Article of the Convention.

C.Protection in specific branches of activity

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

The Committee notes the information provided by the Government in relation to its previous comments on Article 32 (provision of drinking water, facilities for changing clothing, and separate sanitary and washing facilities for men and women workers) of the Convention.

Article 1 of the Convention, Scope of application. The Committee notes the Government’s reply to the previous observations of the CUT, received in 2015, in which it indicates that: (i) the General Labour Risks System (SGRL) also covers workers in the construction sector, who have the same rights as any other affiliated work, since the benefits of the system apply irrespective of the activity undertaken; and (ii) in the construction sector, as of May 2022, a total of 119,553 enterprises were affiliated to ARLs, with the consequent affiliation of 957,444 dependent workers and 33,313 self-employed workers. The Committee takes note of this information, which addresses its previous request.

Articles 3, 4 and 18. Consultations with the most representative organizations of employers and workers. Legislation. Work at heights. With reference to its previous comments, the Committee notes the Government’s indication, on the one hand, that the action of the National OSH Commission for the construction sector is currently regulated by Decision No. 3710 of 2019 (section 26 of which provides that the Commission shall be composed of representatives of employers and workers, among others) and, on the other, that the Commission discussed Decision No. 4272 of 2021 establishing the minimum safety requirements for the performance of work at heights. In this regard, the Committee notes that the Decision provides for: (i) prevention measures to warn and prevent falls by persons and objects during work at heights (sections 3 and 7 to 15); (ii) protection measures to halt falls by persons and objects when they occur or mitigate their effects (sections 3 and 22 to 26); and (iii) the requirement for employers to adopt prevention and protection measures in this regard, including the establishment of a programme of prevention and protection against falls from heights, the provision to workers of the necessary protection devices and the training required to perform their work, without cost to them, and regular inspection of the equipment and systems used for the prevention and protection against falls (sections 4 to 6 and 61). The Committee requests the Government to continue providing information on the consultations held within the framework of the National OSH Commission for the construction sector, and on its results, including the measures adopted as a result of such consultations.

Article 5. Technical standards or codes of practice. The Committee notes the information provided by the Government in response to its previous request in relation to Article 5 (technical standards or codes of practice) of the Convention, in which it refers to the adoption of Decision No. 312 of 2019 establishing minimum standards with which enterprises, employers and contractors shall comply in the context of the SG-SST. The Government indicates that enterprises are required to prepare a self-evaluation report on compliance with these standards. The Committee requests the Government to provide information on the findings of the self-evaluations carried out by enterprises in the construction sector within the context of the SG-SST and on any measures adopted or envisaged in this regard.

Article 8(1) and (2). Cooperation between two or more employers undertaking activities simultaneously at one construction site. The Committee notes the Government’s indication in response to its previous request that, in accordance with section 20 of Decision No. 312 of 2019, although the SG-SST is the responsibility of each employer or contractor, they may associate to share human talent, technological resources, training procedures and activities, emergency brigades, first aid and evacuation, signalling, sports areas, road safety within the context of OHS, and may also undertake activities and develop plans and programmes jointly, without one enterprise or entity assuming or replacing the functions or obligations incumbent by law on the other. The Committee notes that this information does not address its previous request, as it does not cover the requirements of employers, contractors and/or self-employed workers undertaking activities simultaneously at one site, in accordance with this Article of the Convention. The Committee requests the Government to provide information on the measures adopted or envisaged in order to ensure that: (i) when two or more employers undertake activities simultaneously at one construction site, the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, shall be responsible for co-ordinating the prescribed safety and health measures and, in so far as is compatible with national laws and regulations, for ensuring compliance with such measures (Article 8(1)(a) of the Convention); (ii) in so far as is compatible with national laws and regulations, where the principal contractor, or other person or body with actual control over or primary responsibility for overall construction site activities, is not present at the site, a competent person or body at the site shall be nominated with the authority and means necessary to ensure on their behalf coordination and compliance with the measures, as foreseen in the previous subparagraph (Article 8(1)(b) of the Convention); and (iii) whenever employers or self-employed workers undertake activities simultaneously at one construction site, they shall have the duty to cooperate in the application of the prescribed safety and health measures, as may be specified by national laws or regulations (Article 8(2) of the Convention).

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

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.

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

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 Conventions Nos 136 (benzene), 162 (asbestos), 170 (chemicals) and 174 (major industrial accidents) together.

With respect to the application of Convention No. 136, the Committee notes the observations of the General Confederation of Labour (CGT), received on 31 August 2017 and the observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT), received on 1 September 2017.

Benzene Convention, 1971 (No. 136)

The Committee notes the information provided by the Government in reply to its previous comments relating to Articles 2 (substitution of benzene with harmless or less harmful products), 4(2) (prohibition of benzene as a solvent or diluent), 6 (benzene vapour in the atmosphere), 7 (enclosed systems and evacuation of benzene vapours), 8 (personal protection measures), 9 (periodic medical re-examinations) of the Convention, as well as in response to the observations of the CUT and the CGT.

Article 4 of the Convention. Prohibition of the use of benzene. With respect to its previous comment, the Committee notes the Government’s indication in its report that the national legislation determines certain occupations in which the use of products containing more than 1 per cent benzene is prohibited, such as work using paint in the form of spray, in line with section 592 of Resolution 2400 of 1979 (certain provisions on accommodation, sanitation and safety in workplaces). The CGT also indicates that, while the use of benzene has decreased with the prohibition of its use or of products containing benzene as a solvent or diluent, there are other occupations in which workers are exposed to benzene. The CGT, CTC and CUT note that these situations of risk should be specifically listed and regulated by the Government through legislative measures. In this regard, the Committee notes that the adoption of a specific regulation on benzene was discussed at a meeting of the Subcommittee on International Affairs in 2016. The Committee requests the Government to continue providing information in this regard, including on the adoption of specific regulations on benzene.

Article 5. Preventive occupational hygiene and technical measures. The Committee notes that the CTC and the CUT indicate that the Government has not implemented in practice preventive occupational hygiene and technical measures to ensure effective protection for workers exposed to benzene. The CGT indicates that, without implementing them in practice, the following preventive plans against the risk of exposure to benzene have been adopted: (1) the guide on evidence-based comprehensive occupational health care for workers exposed to benzene and its derivatives (GATISO); (2) the ten-year plan for cancer control in Colombia, 2012 21; and (3) the national information system on cancer and cancer monitoring. The Government indicates that the guide is being revised and the Ministry of Labour concluded an agreement with the National Cancer Research Institute and the Labour Risks Administrator with a view to developing a strategy to design actions for the improvement of the conditions of occupational health in vehicle maintenance workshops in Bogota, including on measuring the concentration of benzene in the atmosphere. The Committee requests the Government to provide its comments in respect of the observations of the CGT, CTC and the CUT and to continue providing information on the adoption and implementation of preventive occupational hygiene and technical measures to ensure effective protection for workers exposed to benzene or to products containing benzene, including on the progress achieved regarding the revision of the GATISO.

Article 9(1)(b). Periodic medical re-examinations. In its previous comments, the Committee requested the Government to provide information on the intervals at which periodic re-examinations are to be carried out. The CGT notes, with regard to section 2.4(3) of the Single Regulatory Decree of the Labour Sector (No. 1072 of 2015), that the employer must monitor workers’ health by carrying out recruitment level and periodic examinations. The CGT adds, however, that this provision does not stipulate the periodicity of the medical examinations. The Government indicates that occupational medical assessments must be conducted by physicians specialized in employment medicine or occupational health in accordance with the criteria, methods and procedures defined in the systems for epidemiological surveillance or management systems, in line with the terms established in section 5 of Resolution No. 2346 of 2007 on scheduled periodic medical examinations. In this respect, the Committee notes that the legislation referred to by the Government does not provide for intervals to be fixed for medical examinations. The Committee requests the Government to provide information on the measures adopted or envisaged to fix, by national law, intervals for periodic examinations, to which workers should be subject who are exposed to benzene or products containing benzene, in line with Article 9(1)(b) of the Convention.

Asbestos Convention, 1986 (No. 162)

The Committee notes the information provided by the Government with regard to its previous comments on Article 9(a) (preventive technical measures and adequate work practices in mines), 9 and 15(2) (periodic review of exposure limits), 10 (replacement of asbestos or the total or partial prohibition of its use), 13 (notification to the competent authority), and 20(1) and (3) (measurement of the concentrations of airborne asbestos dust in workplaces and access to the records of the monitoring of the working environment and of the exposure of workers to asbestos) of the Convention, as well as in response to the observations of the CTC, CUT, the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI) to which it referred in its previous comments.

Article 4 of the Convention. Consultations. In its previous comments, the Committee noted that the workers’ and employers’ representatives had been invited to participate in the work of the Occupational Health Commission on Chrysotile Asbestos and Other Fibres (hereinafter the Commission on Asbestos) and requested the Government to provide information on the consultations held in this Commission. The Government indicates that the Commission on Asbestos is composed of representatives of the CTC, CUT and the CGT, which periodically attend its meetings. The ANDI indicates that its representatives were consulted in the plenary of the Commission on Asbestos about measures to give effect to the provisions of the Convention, including the possibility of adopting the necessary preventive and protection measures for workers in the informal economy. The Committee notes that Bill No. 061 of 2017 (on the prohibition of the use of asbestos in the national territory and the establishment of guarantees for the health of the Colombian people), presented in August 2017, provides for the dissolution of the Commission on Asbestos and the establishment of the National Commission for the substitution of Asbestos. The Committee notes, however, that section 5 of this Bill does not include the worker and employer representatives among the members on the Commission. The Committee requests the Government to provide information on the measures adopted or envisaged for consultation with the most representative workers’ and employers’ organizations to give effect to the provisions of the Convention.

Article 9(a). Preventive technical measures and adequate workplace practices in mining. In its previous comments, the Committee requested the Government to provide information on the safety measures in mining in Antioquia. The Committee notes that the Safety Regulation on Underground Mining (Decree No. 1886 of 2015) sets out the minimum standards for the prevention of risks in underground mines and the corresponding surface area, including the application of preventive and safety measures, and penalties drawn up by the competent authority, in line with sections 244 to 261 of the above Regulation. In accordance with section 32 of the Occupational Risk System (Act No. 1562 of 2012), the inspection, monitoring and enforcement of the mining safety standards fall to the National Mining Agency of the Ministry of Mines and Energy. The Government details the inspection and monitoring actions in mines, including the administrative stages for investigations and sanctions of the Territorial Directorate of Antioquia of the Ministry of Labour.

Article 10. Replacement of asbestos or the total or partial prohibition of its use. In its previous comment, the Committee requested the Government to provide information on the outcome of the examination of the possibility of the replacement of asbestos or the total or partial prohibition of its use. The Committee notes that the CGT, CTC and the CUT indicate that some enterprises in Colombia have replaced asbestos with other inoffensive or less harmful products or materials without losing competition or laying off workers and invites the Government to adopt measures in this respect. The Government indicates that it intends to pursue the implementation of a legislative framework to, by surpassing existing regulations to ensure the safe use of asbestos, prohibit the use and handling of asbestos. The Government indicates, however, the a bill on the prohibition of the production, commercialization, export, import and distribution of any kind of asbestos in Colombia, presented in 2015, was unsuitable without carrying out a prior examination concerning the impact that the prohibition of asbestos would have on employment. The Government adds that Bill No. 061 of 2017, presented in August 2017 and welcomed by the Ministry of Labour, was adopted in October 2017 by the VII Commission of the Senate at its first sitting. The Committee requests the Government to continue providing information on the measures adopted or envisaged for the replacement of asbestos or the total or partial prohibition of its use when necessary for the protection of workers’ health and where technically possible.

Chemicals Convention, 1990 (No. 170)

The Committee notes the information provided by the Government in reply to its previous comments on Articles 3 and 4 (consultation), 12(a), (b), (c) (exposure), 13 (employers’ obligation to evaluate the risks and ensure the protection of workers), 15 (information and training), and 17 (workers’ obligations) of the Convention, as well as on the informal sector and the differences in the monitoring in enterprises using chemicals.

Articles 3 and 4 of the Convention. Consultation with the most representative employers’ and workers’ organizations and national policy. In its previous comments, the Committee requested the Government to provide information on the impact of Decree No. 2923 of 2011 (Quality Control System related to the General Occupational Risk System). The Government indicates that this Decree establishes the framework to improve the outcome of occupational safety and health action by developing minimum health standards. The Committee notes the Government’s indication that, in accordance with ILO guidelines on continual improvement through the implementation of an Occupational Safety and Health Management System, the following were adopted: (a) Act No. 1562 of 2012 which provides for the amendment of the Occupational Risk System; (b) Decree No. 1443 of 2014 which sets out provisions for the implementation of the Occupational Safety and Health Management System, compiled by the Single Regulatory Decree of the Labour Sector No.1072 of 2015; and (c) Decree No. 52 of 2017 on the transition to the Occupational Safety and Health Management System, which, from 1 June 2017, replaces the Occupational Health Programme. The Committee also requested the Government to provide information on the consultation with the social partners on the measures intended to give effect to the provisions of the Convention and the safety policy related to the use of chemicals in workplaces. The Government indicates that, at enterprise level, the Occupational Safety and Health Management System should be applied by the employer with the participation of the workers and that the employer should oversee the participation of all workers and their representatives in the Joint Committee on Occupational Safety and Health or the other occupational safety and health oversight mechanisms, in the implementation of policies, activities, programmes and of the Occupational Safety and Health Management System, in line with sections 4 and 8(9) of Decree No. 1443 of 2014. At the national level, consultations were carried out in the National Council on Occupational Safety and Health, a body of the General Occupational Risk System established by Decree No. 1925 of 1994. Furthermore, in line with section 8 of Act No. 1437 of 2011 (Code of Administrative Litigation Procedure), all draft standards are subject to public consultation.

Articles 6, 7 and 8. Classification systems. Labelling and marking. Safety data sheets. In relation with its previous comments, the Committee notes the Government’s indication that the National Intersectoral Technical Commission on Environmental Health (CONASA), set up in 2010 whose main function is to promote the effective coordination between the environmental and health policies and strategies, is tasked, in cooperation with the Chemical Safety Forum, with the implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (SGA) which, in sections 1.4 and 1.5, establishes the harmonized criteria for the notification of hazards through labelling and data sheets. The Government indicates that a draft Decree for the incorporation of the SGA at the national level is being adopted. The Committee requests the Government to continue providing information on the measures adopted or envisaged for the establishment of specific systems and criteria for the classification of all chemicals, including labelling and marking, and to ensure employers are provided with safety data sheets, in conformity with Articles 6, 7 and 8 of the Convention.

Article 12(d) of the Convention. Keeping of records of the monitoring of the working environment and of the exposure of workers. With respect to its previous comment, the Committee notes that sections 155–162 of Resolution No. 2400 of 1979 establish requirements for the adoption of necessary measures for the effective control of harmful substances which may compromise the health of workers owing to the chemical risks to which they are exposed, including exposure limits and their assessment. In line with sections 15(3) and 31 of Decree No. 1443 of 2014, the employer must inform the Joint Committee on Occupational Safety and Health or other occupational safety and health oversight mechanisms of the results of the assessments of the working environment. The Committee notes, however, that the Government does not indicate whether employers must ensure that the records of the monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept for the prescribed period by the competent authority. The Committee requests the Government to provide information on the measures adopted or envisaged to give effect to Article 12(d) of the Convention.

Article 13. Obligation of employers to assess risks and ensure the protection of workers. With respect to its previous comments, the Committee notes that within the framework of the Occupational Safety and Health Management System established by Decree No. 1443 of 2014, the employer must establish an occupational safety and health policy which must, as a minimum, include the following objectives: (1) identify hazards, assess and classify risks, and establish the respective controls; (2) protect the safety and health of all workers, by continually improving the Occupational Safety and Health Management System in enterprises; and (3) comply with the relevant national regulations in force on occupational risks. Furthermore, under the terms of the above Decree, the employer shall use additional methods to complement the assessment of the occupational safety and health risks in chemical-related hazards; when, in the productive process, potentially carcinogenic substances are involved, these should be assessed as a priority, irrespective of the dose and level of exposure. Section 25 of the Decree establishes measures for the prevention, preparation and response to emergencies, including first aid care. The Government also indicates that the compliance of employers with these obligations is guaranteed by monitoring and control of the Ministry of Labour (Decree No. 4108 of 2011 on the objectives and structure of the Ministry of Labour), the occupational risk administrators (Decree No. 1295 of 1994 on the General Occupational Risk System), and the Joint Committee on Occupational Safety and Health or other occupational safety and health oversight mechanisms.

Application of the Convention in the informal sector. In its previous comments, the Committee requested the Government to make efforts to ensure the application of the Convention in all economic activity branches in which chemicals are used, including in the informal sector. The Government indicates that with resources from the Occupational Risk Fund, actions have been carried out for the promotion of health and the prevention of occupational risk directed at informal sector workers, with priority given to the agricultural sector with respect to chemical risk prevention.

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

Article 6 of the Convention. Protection of confidential information. In relation to its previous comment, the Committee notes that Chapter II of the draft decree of 2017 on the adoption of the major accident prevention programme contains several provisions on the communication of information to the public, including on the guidelines for the definition of minimum information to be provided to the public. The Committee notes that the draft decree does not refer to the protection of confidential information. The Committee requests the Government to continue its efforts to adopt the necessary measures to enable the competent authority, following consultation with the most representative workers’ and employers’ organizations concerned, to take special measures to protect confidential information that employers transmit or have available, in accordance with Articles 8 (notification), 12 (safety report), 13 and 14 (accident report) of the Convention and to provide information in this respect.

Article 8. Obligation of notification. With respect to its previous comments, the Committee notes that section 8 of the above draft decree establishes that the Ministry of Labour shall define the information to be reported by those responsible for identified installations. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that employers notify the competent authorities of any major hazard installation within a fixed time-frame for an existing installation and before it is put into operation in the cases of a new installation, as well as before any permanent closure of a major hazard installation, in conformity with Article 8 of the Convention and to provide any information in this respect.

Article 9(d)(ii) and (iii). Information on emergency plans for the public authorities. In its previous comment, the Committee requested the Government to provide information on the effect given to each subparagraph of this Article of the Convention. The Committee notes that, in accordance with section 12 of Decree No. 1443 of 2014, the employer must keep the documents provided for in Article 9 of the Convention available and duly up to date. In relation with the above draft decree, the Committee notes that: (a) section 8 establishes that the Ministry of Labour shall define the information that those responsible for the identified installations shall report; (b) in line with Articles 9 and 10, all the installations identified should implement the Safety Management System for the Prevention of Major Industrial Accidents, which includes the emergency plan. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that employers provide information on potential accidents and site emergency plans, and consult the authorities and bodies responsible for the preparation of emergency plans and procedures for the protection of the public and the environment outside the site of the installation, in line with paragraph (d)(ii) and (iii) of Article 9 of the Convention.

Articles 10, 11, and 12. Safety report. With respect to its previous comment, the Committee notes the Government’s indication that within the Technical Advisory Committee for Technological and Industrial Accidents (CNARIT) and the Committee on Chemical Accidents, an analysis is being performed of the parameters for the preparation of the safety report, in conformity with the Convention. Furthermore, section 11 of the above draft decree sets out that the safety report shall contain technical, managerial, preventive and operational information in relation with the hazards and risks of an identified installation, and the grounds for the measures adopted for the safety of the installation. Those responsible for the installations identified shall be bound to present the safety report to the Ministry of Labour at five-yearly intervals or before if a major accident occurs in the installation. The Committee notes that this provision does not provide for the reviewing, updating and amending of the safety report in the event of a modification which has a significant influence on the level of safety in the installation or its processes or in the quantities of hazardous substances present. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that the employers fulfil their duties to prepare, review, update, amend and transmit to the competent authority the safety report, in conformity with Articles 10, 11 and 12 of the Convention and to provide information in this respect.

Article 13. Obligation to inform the competent authority of the occurrence of a major accident. With respect to its previous comments, the Committee notes that section 12 of the above draft decree establishes, in conformity with Article 13 of the Convention, that in the event of a major accident, those responsible for the identified installations shall report to the bodies designated in the emergency plan as soon as possible. The Committee requests the Government to adopt the necessary measures to ensure that employers inform the competent authority and other bodies designated for this purpose as soon as a major accident occurs, in conformity with Article 13 and to provide information in this respect.

Article 14. Accident report. With respect to its previous comments, the Committee notes that, in accordance with section 12 of Decree No. 1443 of 2014, the employer must keep the reports and investigations into the incidents, and occupational accidents and diseases, in accordance with the legislation in force, available and up-to-date. The Committee notes that section 12 of the above draft decree sets out that, in the event of a major accident or a near miss, those responsible for the identified installations shall report within a period not exceeding 24 hours after the incident, as established by the Ministry of Labour. The report shall be progressively developed until full information is obtained, according to the particularities of the incident and the guidelines in this respect. In line with this section, the Ministry of Labour, with the support of the Ministries of the Environment and Sustainable Development, of Health and Social Protection, and of the National Unit for Disaster Management shall determine the minimum information for the major accident report, the guidelines, the reporting channels and the instruments that should be used, within 24 months of the publication of the decree. The Committee requests the Government to continue its efforts to adopt the necessary measures to give effect to Article 14 of the Convention.

Articles 15 and 16. Plans for emergencies outside the installation. The Committee notes that Chapter II of the above draft decree contains several provisions on communication of information to the public, including for the incorporation of major hazard installations into municipal-level risk management. The Committee requests the Government to continue its efforts to adopt the necessary measures to ensure that emergency plans and procedures containing provisions for the protection of the public and the environment outside the site of each major hazard installation are established, updated at appropriate intervals and coordinated with the relevant authorities and bodies, in conformity with Articles 15 and 16 of the Convention.

Article 17. Comprehensive siting policy. With respect to its previous comments, the Committee notes the Government’s indication that there are no specific national provisions to implement the siting policy. Furthermore, Decree No. 879 of 1998 (land-use plans at municipal and district levels, and land development plans) referred to by the Government, does not provide for adequate separation of major hazard installations from working and residential areas and public facilities, or appropriate provisions in that respect with regard to the existing installations. The Committee notes that section 18 of the above draft decree sets out that the Ministry of Housing, Urban Affairs and Land, with the support of the National Unit for Disaster Risk Management, shall define, within 36 months of the publication of the decree, the guidelines for the incorporation of major hazards into land planning. The Committee requests the Government to continue its efforts to ensure that a comprehensive siting policy is adopted by the competent authority, in conformity with Article 17 of the Convention and to provide information in this respect.

Article 18. Inspection. The Committee notes the observations of the CTC and CUT on the difficulties of the national system of inspection, monitoring and control ensuring compliance with national legislation on the prevention of major industrial accidents. The Committee requests the Government to provide its comments in this respect.

Article 20. Rights and duties of workers and their representatives. In its previous comments, the Committee requested the Government to take the necessary steps to ensure that workers and their representatives are consulted through appropriate mechanisms for cooperation. The Committee notes the observations of the CUT on the lack of a cooperation mechanism at the enterprise level. The Committee notes that the provisions of Decree No. 1443 of 2014 give effect to the requirements of Article 20(a), (b), (d), and the first part of (f). The Committee notes, nevertheless, that the Government does not indicate the measures adopted to ensure that workers and their representatives: (a) are consulted in the preparation of the safety report, the emergency plans and procedures, and the accidents reports; (b) take corrective action and if necessary interrupt the activity where, on the basis of their training and experience, they have reasonable justification to believe that there is an imminent danger of a major accident; and (c) have the right to notify the competent authority of any potential hazards they consider capable of generating a major accident. The Committee requests the Government to adopt the necessary measures to give effect to Article 20(c), (e) and the second part of (f) and to provide information in this respect.

Article 16(c) and 22. Cooperation and coordination in the case of a major accident with transboundary effects. Responsibilities of exporting countries. The Committee notes that section 16 of the above draft decree establishes that the Ministry of Labour shall provide to the Ministry of Foreign Affairs the information to be exchanged with bordering countries in relation with the prevention, reporting and response to major accidents that could have a transboundary effect. The Ministry of Foreign Affairs, with the support of the National Unit for Disaster Risk Management, and the Ministries of the Environment and Sustainable Development, of Health and Social Protection and of Labour, shall define the guidelines for the Exchange of information mentioned in this section within 12 months of the publication of the present decree. The Committee requests the Government to continue its efforts to adopt the necessary measures to: (a) when hazardous substances, technologies or processes, the use of which is prohibited at the national level, are exported, the information on this prohibition and the reasons for it are made available to all importing countries, in accordance with Article 22 of the Convention; and (b) where a major accident could have transboundary effects, the information required is provided to the States concerned, in accordance with Article 16 of the Convention.

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

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

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.]

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

The Committee notes the observations of the Confederation of Workers of Colombia (CTC) of 29 August and 4 September 2015 and the observations of the National Employers Association of Colombia (ANDI) received on 1 September 2015.

The Committee notes the information provided by the Government on the effect given to Article 9(a) and (b) of the Convention (adequate work practices, special rules and procedures) and Article 15(2) (fixing, review and periodical updating of exposure limits). The Committee requests the Government to continue to provide information on any developments in law and in practice on these matters.

Article 10 (replacement of asbestos by other materials or prohibition of the use of asbestos), in conjunction with Article 3(2) (periodic review of national laws and regulations in the light of technical progress and advances in scientific knowledge) and Article 4 (consultation of the most representative organizations of employers and workers concerned). The Committee notes that the CTC indicates that the Government has not taken any measures for the replacement of asbestos and calls for its use to be prohibited. The ANDI considers that the fibres proposed to replace chrysotile asbestos need to be viewed with similar caution in relation to occupational safety and health. The Committee also notes the Government’s indication that the Asbestos Commission is planning, with the participation of workers’ and employers’ organizations, to begin examining the issue of the replacement of asbestos, and that priority has to be given to ensuring the inoffensive or less harmful nature of products that may be proposed as replacements. The Committee requests the Government to provide information on the outcome of the examination of the possibility of the replacement/prohibition of asbestos, as set out in Article 10 of the Convention, in consultation with the most representative organizations of employers and workers concerned, as required by Article 4 of the Convention.

Article 13. Notification of the competent authority by employers of certain types of work involving exposure to asbestos. With reference to its previous comments, the Committee notes that, based on the report of occupational risks administrators, the following economic activities have been identified as involving exposure to asbestos: (1) enterprises engaged in the manufacture of products containing asbestos and thermal insulation work involving asbestos; and (2) enterprises engaged in the manufacture of glass wool products for thermal insulation, slag, rock and mineral wools, and asbestos thread and fabrics. The Committee requests the Government to provide information on the measures adopted to ensure that, in accordance with Article 13 of the Convention, national laws and regulations provide that employers shall notify such types of work to the competent authority.

Article 20(1). Measurement of the concentrations of airborne asbestos dust in workplaces. The Committee notes that, according to the ANDI, both Decision No. 2400 and Decision No. 007 of 2011 establish the requirement for environmental measurements at specified periods. The Committee also notes the Government’s indication that section 2.2.4.6.15 of Decree No. 1072 of 2015 provides that environmental measurements shall be carried out when so required, and it notes that this provision does not specify the intervals, as required by Article 20(1) of the Convention. The Committee recalls that, in accordance with Article 20(1) of the Convention, the competent authority shall specify the intervals and methods to be applied by the employer for the measurement of concentrations of airborne asbestos dust in workplaces. The Committee requests the Government to provide information on the intervals and methods that have been determined for the measurement by the employer of the concentrations of airborne asbestos dust in workplaces.

Article 20(3). Access to the records of the monitoring of the working environment and of exposure of workers to asbestos by workers, their representatives and labour inspection. The Committee notes the Government’s indication that workers have the right to consult their health records. The Committee reminds the Government that this Article refers to the right of workers to have access to records of the monitoring of the concentrations of airborne asbestos dust in workplaces and the exposure of workers to asbestos. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure that the workers concerned, their representatives and the inspection services have access to these records.

Technical assistance. The Committee notes the Government’s indication that it continues to be fully interested in receiving ILO technical assistance.

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

The Committee notes the observations of the Confederation of Workers of Colombia (CTC), received on 29 August and 4 September 2015, and also the observations of the Single Confederation of Workers (CUT), received on 2 September 2015. The Committee further notes the observations of the National Employers Association of Colombia (ANDI), received on 1 September 2015. As regards the latest communications from the CTC, the Committee notes that the CTC indicates that it was unable to formulate them before 1 September because it was on that day that it received a copy of the Government’s report. The Committee requests the Government to send its comments on the abovementioned observations.

Article 3(2) of the Convention. Periodic review of national laws and regulations in the light of technical progress and advances in scientific knowledge. Article 14. Responsibility for adequate labelling of the containers and, where appropriate, products containing asbestos. Definition of materials containing chrysotile. With reference to its previous comments, the Committee notes the Government’s indication in its report that the reference used when issuing Decision No. 007 of 4 November 2011 of the Ministry of Health and Social Security adopting the Regulations on health and safety in relation to chrysotile and other fibres of similar use was the OSHA 1926.1101 standard which, among other provisions, establishes that products shall not be labelled when asbestos is present in a product to a concentration of less than 1 per cent. The Committee already noted that the International Agency for Research on Cancer (IARC) classifies asbestos in all its forms among group 1 carcinogens and that, according to the IARC, scientific knowledge does not allow a limit value to be established below which asbestos might no longer be carcinogenic. The establishment of limit values is conventional and evolutive, and changes according to the country. Taking into account the fact that chrysotile asbestos is classified by the IARC as carcinogenic for humans, that there is no identifiable limit value below which asbestos is not carcinogenic and that Article 14 of the Convention does not establish such limits, the Committee considers that products containing asbestos, irrespective of the percentage, must not be considered “free of asbestos” in relation to the Convention. It should be recalled that Article 14 forms part of Part III of the Convention on “Protective and preventive measures”, and that the measures referred to in the Article need to be considered from this viewpoint. For example, in certain types of work, such as the removal of products containing less that 1 per cent of asbestos, if they were considered to be “free of asbestos”, the necessary preventive and protective measures for workers engaged in this operation would not be taken during removal. As noted above, the Committee indicates that products with less than 1 per cent asbestos are not considered under the Convention to be asbestos free. The Committee therefore urges the Government to re-examine the concept of “free of asbestos” for products containing less than 1 per cent chrysotile fibre in light of its obligations under the Convention and to provide information on measures taken to ensure that labelling is in conformity with the Convention.

Article 4. Consultation of the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention. In relation to its previous comments, the Committee notes with interest the Government’s indication in its report that at the meeting of the Tripartite Subcommittee on International Affairs held on 27 August 2015 it was agreed with the employers and workers that the Ministry of Labour would ask the presidents of the three confederations representing the workers and the employers to appoint one representative each to participate in the National Commission on Chrysotile Asbestos and Other Fibres. The Committee requests the Government to provide information on the consultations on the Convention held in the aforementioned Commission or in any other commission where the three confederations are represented, including the results of such consultations.

Article 9(a). Making work, in which exposure to asbestos may occur, subject to regulations prescribing adequate engineering controls and work practices, including workplace hygiene. Antioquia mine. The Committee notes the Government’s indication that the Antioquia mine is operating and that it provides general information on plans and strategies for occupational health and safety measures at the mine. Mindful of the carcinogenic nature of asbestos and recalling the obligations imposed in Article 9(a) of the Convention for the protection of those working with asbestos, the Committee requests the Government to provide detailed information as to the protective measures and work practices already adopted in relation to the Antioquia mine, and a timetable for any such measures to be adopted in the future.

Article 17. Demolition work. Authorization for demolition work and elimination to be undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work. Requirement to establish a workplan and consultation of the workers or their representatives. In relation to its previous comments, the Committee notes the Government’s indication that asbestos is not used as a thermal insulation material in Colombia, nor is there any evidence of the use of asbestos-based friable insulation materials for construction, hence there is no release of asbestos dust and no workers are exposed to it. The Committee notes that Article 17 of the Convention applies not only to the “demolition of plants or structures containing friable asbestos insulation materials” but also to the “removal of asbestos from buildings or structures in which asbestos is liable to become airborne”. The Committee observes that even though non-friable materials are concerned and regardless of how they are used in building, fibre cement products may contain between 10 and 15 per cent asbestos. There is a risk that such asbestos can become airborne during the removal of asbestos from buildings or structures when the latter are dismantled and fibre cement products and residues are handled. The Committee notes that paragraph 4.5 of Decision No. 007 of 2011 regulates prevention and protection measures in construction, alteration and demolition work, including where the asbestos fibres are encapsulated or fixed in a binding agent. The Committee emphasizes that the terms of Article 17 of the Convention require these measures to be supplemented to ensure that the demolition work referred to by this Article is undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work and who have been empowered to undertake such work. The Committee therefore once again requests the Government to establish a system whereby only employers or contractors who are recognized by the competent authority as qualified to carry out such work in accordance with this provision of the Convention can undertake it, and requests the Government to supply information on this matter. The Committee also requests the Government to draw up a workplan in the terms laid down in Article 17(2) and to provide information in this regard.

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

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its observation, the Committee requests the Government to provide information on the following additional points.

Article 3(2) of the Convention. Periodical review of legislation in the light of technical progress and advances in scientific knowledge. Article 14. Responsibility for adequate labelling of the container and, where appropriate, products containing asbestos; definition of material containing chrysotile. Referring to its previous comments, the Committee notes that, in the Government’s view, paragraph 1.11 of Decision No. 007 issued on 4 November 2011 by the Ministry of Health and Social Security, concerning safety and health regulations for chrysotile and other similar-use fibres is based on the OSHA 1915.1001 standard. According to paragraph 1.11, material containing chrysotile refers to any material whose total mass contains more than 1 per cent of chrysotile and products with less than 1 per cent of chrysotile fibre are considered to be free of chrysotile. The Committee notes that the OSHA 1915.1001 standard refers to shipyards and that the relevant standard would seem to be OSHA 1910.1001. Both OSHA standards stipulate that “asbestos-containing material (ACM) means any material containing more than 1 per cent asbestos”. However, neither of the standards contains any provision to the effect that “products with less than 1 per cent chrysotile fibre are considered to be free of asbestos”. The OSHA 1915.1001 standard refers to “material” and not to “product” and does not at any point refer to the concept “free of asbestos”. The Committee considers that the sentence that has been added in Decision No. 007 referred to above could have implications whose scope needs to be carefully assessed in the light of scientific and technical knowledge. The Committee notes that the International Agency for Research on Cancer (IARC) classifies asbestos in all its forms among group 1 carcinogens and that, according to the IARC, scientific knowledge does not allow a threshold limit value to be established below which asbestos might no longer be carcinogenic. The establishment of threshold limit values is conventional; they are subject to change and do change from country to country. Some countries have set the value at 1 per cent, others at 0.5 per cent and yet others at 0.1 per cent. The Committee considers therefore that, since in materials or products with less than 1 per cent or some other percentage of the fibre, some asbestos fibre is nevertheless still present, to look upon them – and possibly label them – as being “free of chrysotile”, could in certain circumstances, generate situations where for lack of adequate preventive measures workers are placed at risk. Taking into account the considerations above and that neither the Convention nor the OSHA standard, adopted by Colombia as a model, specifies that a product with less than 1 per cent asbestos is “free of asbestos”, the Committee requests the Government to re-examine the concept of “free of asbestos” and to provide information on the matter, including its relevance to labelling.

Article 3. Technical standards. Regarding the question on technical standards posed by the Committee, the Government states that the Ministry of Trade, Industry and Tourism has defined official technical standards and regulations as being mandatory, whereas the ISO 9000 technical standards are not monitored and controlled by the Department of Industry and Trade and compliance with such standards may be required under a contractual relationship between individuals (“particulares”).

Article 9(a). Making all work in which exposure to asbestos may occur subject to regulations prescribing adequate engineering controls and work practices, including workplace hygiene. The Committee takes note of the information provided by the Government regarding the manner in which Decision No. 007 regulates prevention and adequate labour practices. The Committee requests the Government to provide information on the manner in which paragraph 3.3 of Decision No. 007 is implemented in practice.

Article 9(b). Prescribing special rules and procedures, including authorization for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes. The Committee notes the Government’s indication that the only asbestos permitted for industrial or commercial use is chrysotile or white asbestos. However, the Government has not provided all the information requested in its last comments. The Committee requests once again the Government to provide information on special rules and procedures prescribed, including whether the legislation requires authorization, for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes.

Article 11. Prohibition of the use of crocidolite and of products containing this fibre. Article 12. Prohibition of spraying of all forms of asbestos. In relation to its previous comments, the Committee takes note of the Government’s statement that, under paragraph 3.1.1 of the technical annex to Decision No. 007, the only type of asbestos whose industrial or commercial use is permitted is chrysotile or white asbestos and that, by stipulating that this restriction refers to its industrial or commercial use, it covers the use of different types of asbestos as raw materials both in the manufacture of products and in their marketing. The Government also indicates that paragraph 3.1.1 covers the prohibition of chrysotile in its friable form and that no report or complaint has been received regarding the use of this kind of asbestos.

Article 13. Notification of the competent authority by employers of certain types of work involving exposure to asbestos. The Committee notes that, according to the Government, the relevant information will be available during the first quarter of 2014. The Committee again requests the Government to provide information on the implementation in practice of the requirement that the competent authority be notified of certain types of work involving exposure to asbestos, including information on notifications received and on the types of work referred to.

Article 20(3). Access for the workers concerned, their representatives and the inspection services to working environment monitoring records and to records of workers’ exposure to asbestos. Regarding its previous comments, the Committee notes that the report reiterates information that the Government has already provided. The Committee recalls that, according to Article 20 of the Convention, the workers concerned should also have access to the records. It invites the Government to adopt measures to ensure that such access is granted and to submit the information in the next report.

Part V of the report form. Application in practice. Article 5 (Adequate and appropriate systems of inspection, and appropriate penalties); Article 6(2) (Requirement that employers collaborate whenever two or more of them undertake activities simultaneously at one workplace); Article 16 (Requirement that each employer establish practical prevention, control and protection measures); Article 18 (Ban on workers taking home work clothing, special protective clothing or personal protective equipment); and Article 22 (Training). The Committee notes that, according to the Government, Decision No. 007 of 2011 came into force on 4 May 2013, which means that employers must communicate the relevant information to their Labour Risks Administrator in the second half of each year and that the Administrator must report back to the Government in the first quarter of each year. The Committee requests the Government to provide information on the effect given to the Convention in practice, in particular with respect to Articles 5, 6(2), 16, 18 and 22.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report, received on 31 August 2013, in response to its observation of 2012, as well as the joint communication of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), dated 27 August 2013, a communication of the Single Workers’ Union of Materials for the Construction Industry (SUTIMAC), dated 4 June 2013, and a joint communication of the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC) referring to the Government’s report, dated 29 August 2013. The Committee also notes the Government’s comments dated 18 October 2013 regarding the observations made by IOE and ANDI.

Background. The Committee has examined the joint communications that it has received from the CUT and CTC and a communication from SUTIMAC. The Committee notes that the fundamental point made by the IOE–ANDI and SUTIMAC in the communications received in 2013 is that Decision No. 007 of 4 November 2011 issued by the Ministry of Health and Social Security, adopting the safety and health regulations for chrysotile and other fibres of similar use, constitute substantial progress in the application of the Convention. The IOE–ANDI indicate that the regulations are designed to reduce exposure to chrysotile dust in the working environment and to establish feasible and reasonable monitoring procedures and practices so as to bring such exposure below the permitted threshold limit values and to prevent its harmful effects on health. In its comments on these observations, the Government indicates that it is very grateful to receive acknowledgement from the IOE and ANDI that correct and timely effect is being given to various Conventions, including this Convention. The Government adds that Colombia is making great efforts to fulfil the international commitments it has made, with the participation of employers’ and workers’ organizations in the various tripartite forums that exist. SUTIMAC considers that the representativeness of the most representative organizations concerned is guaranteed by the presence of SUTIMAC on the National Occupational Health Commission on Chrysotile Asbestos and Other Fibres (hereinafter National Commission on Chrysotile Asbestos). For several years, the CUT and the CTC have claimed that the most representative organizations are not consulted and have called for a policy aimed at replacing/prohibiting the use of asbestos.

Article 3 of the Convention. Requirement that national laws and regulations prescribe measures for the prevention and control of health hazards due to occupational exposure to asbestos and for their protection against such hazards. In its previous comments, the Committee urged the Government to ensure the rapid adoption of legislation giving effect to the provisions of the Convention. In its comments in 2013, the Committee noted the adoption of Decision No. 007 of 4 November 2011 by the Ministry of Health and Social Security issuing safety and health regulations on chrysotile and other fibres of similar use, marking a significant advance in the application of the Convention. The Committee notes with interest that, according to the Government’s report, the Decision came into force on 4 May 2013 and that its provisions are binding. SUTIMAC states that it was actively involved in convening a group of experts to draft the regulations and that they are an important step forward in protecting workers’ health. A similar view is expressed by the IOE–ANDI.

Article 4. Consultation of the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention. In its previous comments, the Committee, while observing that the Government holds consultations in the National Commission on Chrysotile Asbestos, also noted that the CUT and the CTC were calling for real and effective dialogue and that they considered other forms of consultation to be more appropriate. The Committee noted that section 3(7) of Decision No. 1458 of 2008 includes a trade union delegate or workers’ representative from each fibro-cement enterprise in the National Commission on Chrysotile Asbestos, while section 3(9) includes a trade union delegate or workers’ representative from each friction materials enterprise; and it noted that the CUT and the CTC did not appear to be represented on the National Commission on Chrysotile Asbestos. The Committee notes the indication this year by SUTIMAC that the representative organizations concerned are those that are involved in the productive sectors where the fibre is handled; it also notes that the CUT and CTC repeat their claim that workers’ participation is very limited. The Committee further notes that the Government reiterates the information it provided in its previous report, to the effect that it plans to include a delegate from each of the most representative workers’ organizations in the National Commission on Chrysotile Asbestos. The Committee notes that the view of SUTIMAC on the one hand and of the CUT and CTC on the other differ as to the way in which consultation should be conducted, as well as on matters of substance and it again asks the Government to take the necessary measures rapidly for the inclusion of the most representative employers’ and workers’ organizations concerned in the consultations, as the Government indicated in its two previous reports, and to provide information on this subject. Please also provide information on the matters discussed in the consultations and their outcome.

Article 9(a). Making work in which exposure to asbestos may occur subject to regulations prescribing adequate engineering controls and work practices, including workplace hygiene. Antioquia mine. In its previous comments, the Committee referred to the observations of the CUT and CTC that over 10,000 tonnes of asbestos per year are extracted from the mine located in Antioquia and that the mining involves the use of artisanal techniques, without technology, which is absolutely hazardous for the miners. SUTIMAC observed previously that the mine extracting the chrysotile belongs to the workers, who extract and market the fibre. The Committee notes that, according to the Government’s report, labour inspectors inspected the Las Brisas mine, located in the Solita de Campamento settlement in Antioquia, in June 2013, and found that no mining or mineral extraction was going on; and so assumed that the mine was no longer in operation. The Committee also notes that, in their latest communication, the CUT and CTC indicate that the mine was turned over to the workers as part of their claims, that it was put up for private auction on 22 June 2012 with a licence to exploit 5,500 hectares and to produce 2,000 tonnes of asbestos a month and that the concentration of airborne asbestos dust in the Campamento mine in Antioquia had not been measured at that time, which made the opening of the quarry a matter of concern. SUTIMAC, for its part, states that the mine is in the process of being reopened and that, according to the information at its disposal, the best techniques are being used to ensure compliance with Decision No. 007. SUTIMAC claims that there has been no case of disease connected with the exploitation of the mine. The Committee observes that, in light of the reopening of the mine, the Government has not provided any information on the steps to be taken, but confines itself to indicating that the labour inspectorate established that the mine was not in operation. It also notes that the points of view of SUTIMAC, on the one hand, and of the CUT and CTC, on the other, differ, but that according to SUTIMAC there has been no incidence of disease connected with the mine. Noting that asbestos-related diseases take a long time to manifest themselves, the Committee requests the Government to provide detailed information on the adequate preventive measures and work practices that are being adopted for the reopening of the asbestos mine, including the measurement of the concentration of airborne asbestos dust.

Article 10 (Replacement of asbestos by other materials or prohibition of the use of asbestos), in conjunction with Article 3(2) (Periodic review of national laws and regulations in the light of technical progress and advances in scientific knowledge) and Article 4 (Consultation of the most representative organizations of employers and workers concerned). The Committee notes the information provided by the Government that the technical schedule to Decision No. 007 prohibits the use of amosite, thereby giving effect to Article 10 of the Convention, and that the National Commission on Chrysotile Asbestos has investigated possible substitutes, the safety of which for health has not been proved. It also notes SUTIMAC’s indication that it does not agree with the need to prohibit all types of asbestos, while the CUT and CTC repeat that it is necessary to continue examining the issue of prohibition/replacement. The Committee once again notes that the positions of the CUT and CTC, on the one hand, and SUTIMAC, on the other, differ. The Committee refers to the comments it has been making for some years regarding the observation by the CUT and the CTC that they have not been involved in consultations on the subject, including on the possibility of replacement/prohibition. It also notes that, in addition to their disagreement with the measures adopted, they indicate that they are not represented. The Committee considers that consultations which include all of the most representative employers’ and workers’ organizations concerned would contribute to a more effective application of the Convention. The Committee again requests the Government, in accordance with Article 3(2) of the Convention and in the context of consultations with the most representative employers’ and workers’ organizations concerned, including the CUT and the CTC, as required by Article 4, to examine at regular intervals the possibility of the replacement/prohibition of asbestos, as set out in Article 10 of the Convention, and to provide information on such periodic review, including the consultations held and their outcome.

Article 15(2) (Fixing, periodic review and updating of exposure limits or other exposure criteria in light of technical progress and advances in technological and scientific knowledge) and Article 20(1) (Measurement of the concentration of airborne asbestos dust in workplaces). In its previous comments, the Committee noted the Government’s reiterated statement that the threshold limit value for asbestos is fixed by the American Conference of Industrial Hygienists (ACGIH) of the United States and that Decision 2400 of 1979 (section 154) sets a threshold limit of 0.1 fibre per cubic centimetre of air. The Government states that the National Commission on Chrysotile Asbestos was informed of this threshold limit value, as were labour inspectors during a recent training course. The Committee requests the Government to indicate the steps that have been taken to ensure that enterprises and workers are aware of the threshold limit value and that it is respected. It also requests the Government to provide information on the measures adopted to ensure that employers carry out measurements to guarantee compliance with exposure limits or other exposure criteria, as well as on the application of paragraph 4 of this Article of the Convention (adequate respiratory protective equipment and special protective clothing).

Article 17. Demolition work. Authorization for demolition work and elimination to be undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work. Requirement to establish a workplan and consultation of the workers or their representatives. In its previous comments the Committee again invited the Government to establish a system of authorization under which only employers or contractors recognized by the competent authority as qualified to do so may carry out the work referred to in this Article of the Convention, and to provide information on this subject. It also invited the Government to ensure that regulations are drawn up to comply with the requirement to establish a workplan as set out in paragraph 2 of this Article of the Convention, and to provide information in this respect. The Committee notes that the Government has not supplied the information requested and once again requests it to do so.

Technical assistance. The Committee also notes that, according to the Government’s report, it is very important for it to be able to count on ILO technical assistance so as to continue making progress towards the full implementation of the Convention. The Committee hopes that the Government will avail itself of the technical assistance of the Office.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee refers the Government to its observation and asks it to send further information on the following matters.

Further to its previous comments, the Committee notes the information on the effect given to Articles 5(2), 16, 18(3), 20(2) and 22 of the Convention. The Committee asks the Government to provide further information on the application of these Articles of the Convention in practice.

Definition of material containing chrysotile. In relation to Decision No. 007 of 4 November 2011 of the Ministry of Health and Social Protection adopting the Regulations on safety and health with regard to chrysotile and other fibres, and its technical annex, which will enter into force in May 2013, the Committee notes that paragraph 1.11 of Decision No. 007 states that “material containing chrysotile refers to any material that contains more than 1 per cent (1%) of chrysotile with respect to its total mass. Products with less than 1 per cent (1%) of chrysotile fibre are considered free of chrysotile”. The Committee asks the Government to provide detailed information on the reasons for such a percentage and its impact on the application of this Convention.

Article 6(2). Requirement for cooperation whenever two or more employers undertake activities simultaneously at one workplace. The Committee notes that the Government provides information similar to that sent in its previous report, on the duty incumbent on employers to provide information and take preventive measures, and on the functions of the Occupational Medicine, Health and Safety Committees. It points out, however, that according to this Article of the Convention; “[w]henever two or more employers undertake activities simultaneously at one workplace, they shall cooperate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of the workers he employs. The competent authority shall prescribe the general procedures of this cooperation when it is necessary.” In other words, according to this Article the authority must regulate the requirement for employers to cooperate and, in addition, where appropriate the competent authority must establish procedures for such cooperation. The Committee requests the Government to ensure that its legislation gives effect to this Article of the Convention, and to provide detailed information in this regard.

Article 20(1). The employer shall measure the concentrations of airborne asbestos dust in workplaces and shall monitor the exposure of workers to asbestos at intervals and using methods specified by the competent authority. The Committee requests the Government to provide information on the effect given to this Article of the Convention.

Article 20(3). Access for the workers concerned, their representatives and the inspection services to the records of the monitoring of the working environment and of the exposure of workers to asbestos. The Committee notes that according to the Government’s report, the measurement records must remain available for consultation by the workers’ representatives in the Joint Occupational Health Committee or the occupational supervisor, by the occupational risk administrator and the Ministry for Social Protection or whoever acts on its behalf, from which the Committee infers that labour inspectors are included. The Committee points out that according to this Article of the Convention, the workers concerned should likewise have access to the records. It asks the Government to adopt measures to secure such access for the workers concerned and to provide information on the matter.

Article 20(4). Right of workers or their representatives to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee requests the Government to provide information on the effect given to this Article of the Convention.

Part V of the report form. Application in practice. Further to its previous comments, the Committee notes that Resolution No. 007 will not take effect until May 2013, and therefore that inspectors will be able to impose penalties for breach of the Resolution only from that date. The Committee requests the Government to provide information on the number of workers covered, the number and type of infringements detected, and the number of occupational diseases notified as asbestos-incurred diseases, etc.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report received on 25 September 2012, a communication from the Single Workers’ Union of Materials for the Construction Industry (SUTIMAC) received on 10 April 2012, and a communication from the Confederation of Workers of Colombia (CTC) received on 31 August 2012.

Background. For a number of years the Committee has been asking the Government to adopt legislation which gives effect to the provisions of the Convention. The Committee is also following up on joint communications from the CTC and the Single Confederation of Workers (CUT) dated 2010 and 2011, which claim that no public policies have been established at the national level by the Government for the control and management of asbestos; the legislation is not being aligned to the Convention; technical standards are not being implemented; no measures are being promoted by the Government to eliminate the risk; the Government has transferred all the occupational safety and health obligations to the employer; precarious measures are set out in internal work regulations or in occupational health committees and these are not applied in practice; and there is no national training programme on the handling and use of asbestos. The CUT and the CTC also assert that there is no dialogue with the various social partners; and they conclude that they consider it necessary to adopt a public policy for the total prohibition of asbestos. The CUT and CTC add that over 10,000 tonnes of asbestos per year are extracted from the mine located in the department of Antioquia, which is absolutely hazardous for the miners, as the mining is carried out using artisanal techniques, without technology. The Committee notes that the Government has not sent any comments on the joint communication of 2011.

Communication from SUTIMAC. The trade union asserts that it represents over 4,800 members and represents some 75,000 indirect workers involved in the production and manufacture of high-density fibro-cement and friction materials; that in the context of the joint occupational health committees SUTIMAC has been monitoring the observance of established hazard control measures and the national legislation; that the estimate of 320 deaths per year related to asbestos in Colombia does not reflect the reality experienced by workers in the sector; and that they consider that the measures adopted and pending adoption allow the sector to ensure health and safety at work for persons working with chrysotile fibres. It urges the Government to recruit adequate numbers of duly qualified labour inspectors to ensure that a constant monitoring and verification of safety measures in production plants is carried out, thereby ensuring decent and safe work. SUTIMAC indicates that the mine involved in chrysotile exploitation belongs to the workers engaged in the exploitation and marketing of these fibres. Their representatives form part of the National Commission on Occupational Health in the Absestos Sector.

Communication from the CTC received in 2012. The CTC reiterates the need for the total prohibition of asbestos in Colombia and declares that 44 countries have already totally prohibited the use of asbestos and that in Canada and the United States it has been phased out completely.

Article 3 of the Convention. Legislative measures for the prevention and control of and protection of workers against health hazards. In its previous observation the Committee urged the Government to ensure the rapid adoption of legislation giving effect to the provisions of the Convention, including the adoption of pending draft legislation and the preparation of new legislation where necessary, and asked it to provide information in this respect. The Committee welcomes the adoption of Decision No. 007 of 4 November 2011 of the Ministry of Health and Social Protection adopting the Regulations on safety and health with regard to chrysotile and other fibres and its technical annex, but notes however that it will only enter into force in May 2013. The Government states repeatedly this Decision and its technical annexes will become binding. The Committee notes that these Regulations will constitute an important step towards the effective implementation of the Convention. The Committee further notes that this Decision will respond to certain issues raised by the CUT and CTC, which were referred to above. The Committee requests the Government to continue to supply information on any legislation adopted in relation to the present Convention.

Technical standards. In its previous comment the Committee asked the Government to supply information on the compulsory nature of the technical standards relating to asbestos. The Committee notes that the Government has not provided any information on this matter. The Committee again requests the Government to indicate whether the technical standards relating to the Convention are binding.

Article 4. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. In its previous comments the Committee, while noting that the Government holds consultations within the National Commission on Occupational Health relating to Chrysotile Asbestos and Other Fibres, also noted that the CUT and CTC were calling for real and effective dialogue and that they considered other forums of consultation to be more appropriate. The Committee noted that section 3(7) of Decision No. 1458 of 2008 includes a trade union delegate or workers’ representative from each fibro-cement enterprise in the abovementioned National Commission, while in section 3(9) it includes a trade union delegate or workers’ representative from each friction materials enterprise, and noted that the CUT and CTC did not appear to be represented in this Commission. The Committee expressed its hope that the Government would make efforts to include in consultations other organizations that meet the criterion of the most representative organizations of employers and workers concerned, and asked for information on the outcome of these consultations. The Government indicates that the workers’ representatives participating in the abovementioned Commission include the secretary of SUTIMAC and one of the executive secretaries of the CUT but, with a view to maintaining full participation and in compliance with the Committee’s recommendation, it will include other workers’ organizations in the meetings of the Commission on Asbestos. The Committee requests the Government to indicate which other most representative organizations it has included in the Commission on Asbestos and to provide information on the consultations held concerning measures to be adopted in order to give effect to the provisions of the Convention and on the results thereof. The Government is also requested to provide information on the consultations held regarding the adoption of Decision No. 007 referred to above.

Article 5(1). Enforcement of the laws and regulations adopted pursuant to Article 3 of the Convention through an adequate and appropriate system of inspection. With regard to the comments from SUTIMAC requesting the Government to recruit adequate numbers of duly qualified labour inspectors to ensure that the constant monitoring and verification of safety measures in production plants is continued, thereby ensuring decent and safe work, the Committee requests the Government to take the appropriate steps to ensure an adequate and appropriate inspection system in relation to the present Convention and to supply information in this respect.

Article 9(a). Making work in which exposure to asbestos may occur subject to regulations prescribing adequate engineering controls and work practices, including workplace hygiene. The Committee notes that the Government makes a general reference to Decision No. 007 containing the measures referred to by the present Article of the Convention. The Committee requests the Government to provide information on the manner in which these measures are applied in practice to different types of work in which the worker may be exposed to asbestos, including at the mine referred to in the communications from the CUT, CTC and SUTIMAC.

Article 9(b). Prescribing special rules and procedures, including authorization, for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes. The Committee requests the Government to provide information on the clauses of Decision No. 007 which set forth special rules and procedures, including authorization, for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes.

Article 10 (replacement of asbestos with other materials or prohibition of the use of asbestos) in conjunction with Article 3(2) (periodic review of national laws and regulations in the light of technical progress and advances in scientific knowledge) and Article 4 (consultation of the most representative organizations of employers and workers concerned). The Committee notes that in its communication of 2012, the CTC reiterates the need to revise the legislation in the light of scientific and technical knowledge and to consider the replacement or prohibition of all forms of asbestos, including chrysotile. In its previous comments the Committee recalled that any legislative measure must be the subject of consultation and periodic review in the light of technical progress and advances in scientific knowledge, in accordance with Article 3(2) of the Convention, and that accordingly Article 10 has to be viewed in the light of Article 3(2) and must be the subject of consultations, as required by Article 4 of the Convention. The Committee therefore asked the Government to undertake such a review according to the terms of the abovementioned Articles and to provide information on this matter. The Committee notes the Government’s indication that it has examined the possibility of replacement or prohibition contained in Article 10 of the Convention and for this reason Decision No. 007 explicitly prohibits the use of amphibole types of asbestos and chrysotile in friable, sprayed or sprinkled form. The Committee reminds the Government that the obligation to impose such prohibitions is established in Articles 11 and 12 of the Convention and so, when Article 10 of the Convention refers to replacement or prohibition, it means the other forms of asbestos not covered by Articles 11 and 12 of the Convention. Furthermore, the Government states that it is constantly reviewing this subject and until there is established proof of a less harmful substance to replace chrysotile, it will not consider the feasibility of total prohibition. The Committee requests the Government in accordance with Article 3(2) and in the context of consultations with the most representative employers’ and workers’ organizations concerned, as required by Article 4, to examine at intervals the possibility of replacement or prohibition as set out in Article 10 of the Convention and to provide information on such periodic review, including consultations and the outcome thereof.

Article 11. Prohibition of crocidolite and products containing this fibre. With reference to its previous comments, the Committee notes that section 3.1.1(b) of Decision No. 007 prohibits the use of any amphibole type of asbestos. The Committee requests the Government to indicate whether the aforementioned section also prohibits products containing crocidolite.

Article 12. Prohibition on spraying of all forms of asbestos. With reference to its previous comments, the Committee notes that section 3.1.1(c) of Decision No. 007 prohibits the application of chrysotile asbestos in friable, sprayed or sprinkled form. The Committee requests the Government to supply information on the application of this prohibition in practice.

Article 13. Notification by employers to the competent authority of certain types of work involving exposure to asbestos. The Committee notes the Government’s statement that section 2.2.12 of Decision No. 007 states that employers must send to their occupational risk administration (ARP) during the last quarter of the year, information on operations and workplaces in which the fibres covered by the regulations are present, and also on raw materials or supplies, the working population by levels of risk, and data on morbidity. Furthermore, according to section 2.1.2 of Decision No. 007, each ARP must provide the Directorate-General for Occupational Hazards at the Ministry of Social Protection with information on the number of enterprises, their affiliated workers; the recommended control and prevention measures; and the number of cases of asbestosis and other diseases whose classification testifies to a causal link with exposure to chrysotile asbestos and other similar fibres. The Committee requests the Government to provide information on the application in practice of the obligation to notify the competent authority of specific types of work involving exposure to asbestos, including information on the notifications received and the types of work notified.

Article 14. Responsibility of producers and suppliers of asbestos, and manufacturers and suppliers of products containing asbestos, for adequate labelling. The Committee notes the Government’s indication that section 6.6.2 of Decision No. 007 lays down the obligation to label the initial packaging and states that all bags must be labelled, with the indication that they contain chrysotile and that their contents may be dangerous under certain conditions. Section 3.9 of the same Decision states that products containing chrysotile must bear a symbol with a caption stating “contains chrysotile – do not create or inhale dust – possible danger to health”. The Committee notes that these paragraphs do not indicate who shall be responsible for the labelling. The Committee requests the Government to indicate whether the aforementioned sections place the obligation on the four categories of persons referred to in this Article of the Convention, namely producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos, and also to indicate the manner in which the application of these sections of Decision No. 007 is ensured in practice.

Article 15(2). Fixing, periodic review and updating of exposure limits or other exposure criteria in the light of technical progress and advances in technological and scientific knowledge. In its previous observation the Committee noted the Government’s indication that for 2011 the threshold limit value (TLV) for chrysotile in workplaces was 0.1 fibres per cubic centimetre of air and asked the Government to indicate the text which establishes the limit value for asbestos and the manner in which it is ensured that enterprises and workers are aware of this limit value and that it is respected. The Committee notes the Government’s reference in its report to sections 1.24 and 3.1.2 of Decision No. 007. The Government indicates that to ensure that both workers and occupational hazard administrations are aware of permissible limits for asbestos the regulations are being widely disseminated. However, the Committee notes that the abovementioned sections explain the concept of permissible limits and the method of calculation but do not indicate the permitted limit value, which, as stated by the Government in its previous report, is 0.1 fibres per cubic centimetre of air. The Committee urges the Government to indicate the legislative text which establishes the limit value for asbestos in order to ensure that enterprises and workers are aware of this limit value and that it is respected, and requests it to provide information in this respect.

Article 17. Demolition work. Authorization for demolition or removal work to be undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work. Obligation to draw up a workplan and to consult the workers or their representatives. In its previous comments the Committee urged the Government to give effect to this article in law and in practice and to provide information on this subject. It also asked the Government for information on the allegations from the CUT and CTC concerning the use of crocidolite in the construction sector. The Committee notes the Government’s indication that it has no knowledge of the use of crocidolite or of any complaints relating to its use and that the Ministry of Labour has to be informed for the relevant penalties to be imposed. The Government indicates that section 4.5 of Decision No. 007 gives effect to this Article of the Convention. The Committee notes that the aforementioned section contains instructions relating to prevention and protection measures but does not provide that only employers or contractors who are recognized by the competent authority as qualified to carry out such work shall be able to undertake the demolition of plants or structures containing friable asbestos insulation materials and the removal of asbestos from buildings or structures in which asbestos is liable to become airborne. Nor does it lay down the obligation for the employer or contractor to draw up a workplan specifying the measures to be taken before starting demolition work or to consult the workers or their representatives on the aforementioned workplan. The Committee again requests the Government to establish a system of authorization whereby only employers or contractors who are recognized by the competent authority as qualified to carry out the work referred to by this Article of the Convention shall be able to undertake it, and requests it to provide information on this matter. The Committee also requests the Government to adopt measures incorporating the obligation to establish a workplan in accordance with Article 17(2) and to supply information on this matter.

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

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its observation, the Committee requests the Government to provide additional information on the following matters.

Article 5(2) of the Convention. Appropriate penalties. The Committee notes the information provided by the Government in its report. The Committee requests the Government to provide information on the effect given in law and practice to this Article of the Convention.

Article 6(2). Requirement for cooperation whenever two or more employers undertake activities simultaneously at one workplace. With reference to its previous comments, the Committee notes the Government’s reference to section 16 of Resolution No. 2013 of 1986 of the Ministry of Labour and Social Security and the Ministry of Health, regulating the organization and operation of occupational medicine, health and safety committees at the workplace. The Committee notes that under the terms of that section, whenever two or more employers undertake activities at the same workplace, they may convene joint meetings of the respective occupational medicine, health and safety committees and in common agreement adopt the most appropriate measures relating to the health and safety of workers. The Committee draws the Government’s attention to the fact that this Article of the Convention establishes a requirement for cooperation, while the section mentioned by the Government refers to a possibility, and not a requirement. The Committee also notes that the Convention establishes a duty for employers, and not for occupational medicine, health and safety committees. The Article also provides that, when it is necessary, the competent authority shall prescribe the general procedures of this cooperation. The Committee therefore requests the Government to ensure that the national legislation gives expression to this Article of the Convention and, in the meantime, to ensure that effect is given to this Article in practice and to provide information on this subject.

Article 16. Requirement for the employer to establish practical measures for prevention, control and protection. The Committee notes the Government’s reference to sections 21, 56 and 58 of Legislative Decree No. 1295 of 1994 and sections 1 and 2 of Resolution No. 1016 of 1989 respecting the obligations of employers. The Committee further notes the reference by the Government to the draft Regulations. The Committee observes that the legislation referred to by the Government is of a general nature. The Committee requests the Government to provide information on the manner in which the Government ensures, in law and practice, that in all activities in which workers are exposed to asbestos in the course of their work, employers adopt the measures indicated in this Article.

Article 18(3). Prohibition of workers from taking home work clothing, special protective clothing or personal protective equipment. The Committee notes that section 22 of Resolution No. 2400 of 1979 gives effect to this Article of the Convention. The Committee requests the Government to provide information on the application of this Article in practice.

Article 19. Obligation of employers to dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, or to the population. The Committee notes that section 34 of Resolution No. 2400 provides that the wastes of raw materials or manufactured products, waste water, etc. and harmful or hazardous dust, gas and vapour shall be evacuated or eliminated using appropriate procedures. It also notes the Government’s reference to the draft Regulations. The Committee requests the Government to provide information on the application of this Article in practice.

Article 20(2) and (3). Obligation of the employer to keep records of the working environment and of the exposure of workers for the period prescribed by the competent authority, and the possibility for the workers concerned and their representatives to have access to such records. The Committee notes the indication by the Government that the comprehensive evidence-based guide (GATISO) for pneumoconiosis, in point 5.1, provides guidance for carrying out controls. Nevertheless, the Committee recalls that it requested information previously on the application of paragraphs 2 and 3 relating to the records of monitoring, and not on the methodology for measuring concentrations. The Committee therefore requests the Government to ensure that the legislation gives expression to this Article of the Convention and, in the meantime, to ensure that effect is given to this Article in practice, and to provide information on this subject.

Article 22. Training. The Committee notes the assertion by the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC) that there is no national training programme on the handling and use of asbestos. It also notes the Government’s indication that the enterprises that are members of the National Commission on Occupational Safety in relation to Chrysotile Asbestos and Other Fibres have reported various training and information activities undertaken with their workers, clients and other interested parties. Occupational risk management agencies are also required to train workers and employers. The Government adds that the Ministry of Social Protection has produced the manual “Safe work with fibre-cement bricks, clutches and tiles: Safe work practices”, which was widely distributed at the national level to workers and to maintenance and construction enterprises. The Committee requests the Government to continue providing information on the effect given to this Article of the Convention during the period covered by its next report.

[The Government is asked to reply in detail to the present comments in 2012.]

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s detailed report in reply to its 2010 observation, in which it referred to a communication from the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC), and the pending matters in reply to its direct request of 2005. It further notes a new communication from the CUT and the CTC of 2011, containing comments on the Government’s report, which were forwarded to the Government on 19 September 2011. In their communication of 2011, the CUT and the CTC indicate, among other matters, that the comments made in their 2010 communication continue to be fully relevant, as the Government has not adopted a real practice of the prevention of occupational risks or of occupational safety and health.

Background. The communication of the CUT and the CTC alleges that: public policies have not been established at the national level by the Government for the control and management of asbestos; there is no appropriate legislation, or the will to develop it; technical standards are not implemented; there are no measures promoted by the Government to eliminate the risk and the Government does not have the capacity to control it; the Government has transferred all the occupational safety and health obligations to the employer; precarious measures are set out in internal work rules and in occupational health committees, which are not applied in practice; and there is no national training programme on the handling and use of asbestos. They also assert that there is no dialogue, and that there is a need for real and effective dialogue with the various social partners. They conclude that measures consisting of the establishment of a threshold are not viable, particularly in the construction and mining sectors, for which reason they consider that it is necessary to adopt a public policy of the total prohibition of asbestos. In this respect, they assert that the Government disregards Article 10 of the Convention. The CUT and the CTC add that over 10,000 tonnes of asbestos a year are extracted from the mine located in the department of Antioquia, which is absolutely hazardous for the miners, as the mining is carried out using artisanal techniques, without technology. They add that during the first half of 2007 in the fibre-cement sector, 30,403 tonnes of asbestos were imported. The Committee examines below the points raised, together with the Government’s detailed report in reply to its previous comments.

Article 3. National laws and regulations and measures for the prevention and control of, and protection of workers against, health hazardous. Background. The Committee notes the indication in the communication of the CUT and the CTC that the Government of Colombia considers the present Convention to be an international instrument which is permissive in its objective, and that there is no appropriate legislation and technical standards are not implemented. The Committee notes that, according to the Government’s report, all of the legislation respecting occupational health and employment risks is compulsory for all branches of activity, and that the Government refers in particular to Decree No. 1295 of 1994 determining the organization and administration of the General Employment Risks System, and Resolution No. 1016 of 1989 regulating the organization, operation and form of the Occupational Health Programmes that have to be implemented by employers in the country. It also notes that in 2010 the Government provided information on draft Regulations respecting health and safety in respect of chrysotile and other fibres, and in 2011 it provided a copy of the draft text and indicated that it was in the process of adoption. In its previous comments, the Committee requested the Government to provide information on the legislative measures adopted to give effect to certain Articles of the Convention referred to below.

• -Articles 9 (adequate technical prevention measures or special rules), 13 (notification to the competent authority by employers) and 14 (responsibility of producers, suppliers and manufacturers for labelling). The Committee notes the Government’s indication that effect will be given to these Articles in the draft Regulations, and that information is not provided on the effect given to these Articles at present.
• -Article 11. Prohibition of crocidolite and products containing this fibre. The Committee notes the Government’s indication that crocidolite has not been used since 1985. The Committee further notes the Government’s indication that the Decree ratifying the Convention in itself constitutes a prohibition of crocidolite and the indication that it will be explicitly prohibited in the draft Regulations.
• -Article 12. Prohibition of the spraying of all forms of asbestos. The Committee notes the Government’s indication that in Colombia pulverized forms and asbestos applications in sprays are not used, together with the indication that they will be explicitly prohibited in the draft Regulations.

The Committee notes with concern that up to now very limited legislative effect has been given to the above provisions, although it notes that the adoption of draft Regulations giving expression to the provisions of the present Convention could constitute significant progress in the application of the Convention. The Committee wishes to emphasize that it is essential to give legislative effect to the provisions of the Convention with a view to providing employers and workers with a legislative framework that is in conformity with the Convention so that prevention and protection measures and the exercise of the rights and duties of employers and workers are in conformity with the requirements of the Convention. The Committee therefore urges the Government to ensure the rapid adoption of legislation giving effect to the provisions of the Convention, including the adoption of the pending draft legislative texts, and the preparation of new legislation where necessary, and requests it to provide information in this respect. Referring to the comments of the CUT and the CTC that effect is not given or required to technical standards, the Committee requests the Government to provide information on the compulsory nature of the technical standards respecting asbestos.

Article 4. Consultation of the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the Convention. With reference to its previous comments, the Committee notes the Government’s indication that the National Commission on Occupational Health in the Asbestos Sector was established in 2001 by Resolution No. 00935 of 2001, and that in 2008 the Commission was modified by Resolution No. 1458, with its title being changed to the National Commission on Occupational Safety in relation to Chrysotile Asbestos and Other Fibres. The Government indicates that the Commission has been implementing its programme of meetings and activities. In 2011, the CUT and CTC indicated that the National Commission on Occupational Safety in relation to Chrysotile Asbestos and Other Fibres examined a number of documents which have not yet received the approval of the Ministry of Social Protection. They add that there is no real and effective dialogue and refer to other consultation forums which they consider more appropriate. The Committee also notes that section 3 of the Resolution of 2008, referred to above, in subsection 7, includes in the National Commission on Occupational Safety in relation to Chrysotile Asbestos and Other Fibres a delegate of the trade unions or workers’ representative, and a delegate of each of the fibre cement enterprises, while subsection 9 includes a delegate of the trade unions or workers’ representative, and of each of the enterprises in the friction materials sector. While noting that the Government holds consultations in the National Commission on Occupational Safety in relation to Chrysotile Asbestos and Other Fibres, the Committee also notes the call made by the CUT and the CTC for real and effective dialogue, and further notes that the CUT and the CTC do not appear to be represented on the above Commission. The Committee hopes that the Government will make efforts to include in consultations other organizations which meet the criterion of the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of the present Convention (Article 3) and that it will provide information on the outcome of these consultations.

Article 10 (replacement of asbestos by other materials or the prohibition of the use of asbestos) in conjunction with Article 3(2) (periodic review of national laws and regulations in the light of technical progress and advances in scientific knowledge) and with Article 4 (consultation of the most representative organizations of employers and workers concerned). In its previous comments, the Committee noted that, according to the communication of the CUT and the CTC, the Government disregards Article 10, which provides that where necessary to protect the health of workers and technically practicable (and they emphasize that this is not done in Colombia) national laws and regulations shall provide for one or more of the following measures: (a) replacement; and (b) total or partial prohibition. They add that various international and scientific organizations, including the WHO, have indicated that there is no substantial evidence of a threshold for exposure to asbestos below which cancer is not caused. The Committee further noted that the CUT and the CTC indicated that the Colombian trade union confederations are in agreement that the use of asbestos needs to be prohibited and its replacement promoted. They refer to Resolution No. 001 of 14 December 2006 of the Confederation of Workers of Colombia in this respect and assert that the Convention needs to be applied in domestic legislation and that the use of asbestos should not be allowed. In this regard, the Committee notes the Government’s indication that, based on reference works from the various international organizations, it has recognized on various occasions that the fibres that are being used as possible replacements have not yet been considered less harmful, and that accordingly they do not merit sufficient confidence for it to support the total prohibition of all asbestos fibres. The Government attaches a paper by the Fibre Producers Association of Colombia (ASCOLFIBRAS), which supports the Government’s statement. The Committee recalls that all legislative measures should be the subject of consultation and periodically reviewed in the light of technical progress and advances in scientific knowledge, in accordance with Article 3(2) of the Convention, and that accordingly Article 10 has to be viewed in the light of Article 3(2) and be the subject of consultations, as set out in Article 4 of the Convention. The Committee therefore requests the Government, in accordance with Article 3(2), and within the framework of consultations with the most representative organizations of employers and workers concerned, as required by Article 4, to examine the possibility of replacement/prohibition as set out in Article 10 of the Convention and to provide information on this subject.

Other measures

Article 15(2). The fixing, periodical review and updating of exposure limits or other exposure criteria in the light of technological progress and advances in technological and scientific knowledge. The Committee notes that, according to the Government, Resolution No. 2400 of 1979 of the Ministry of Labour and Social Security adopted as permissible limits the threshold limit values (TLVs) approved by the American Conference of Governmental Industrial Hygienists (ACGIH). The Government indicates that for 2011 the TLV for chrysotile in workplaces is 0.1 fibres per cubic centimetre of air. The Committee notes that section 154 of the above Decree refers to harmful or hazardous substances and indicates that the values shall be established by the ACGIH or by the Ministry of Health. As this section is of a general nature, the Committee requests the Government to indicate the text which establishes the limit value for asbestos and the manner in which it is ensured that enterprises and workers are aware of this limit value and that it is respected.

Article 17. Demolition work. Authorization for demolition work and elimination to be undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work. In its previous comments, the Committee noted that, according to the CUT and the CTC, in 2007 the fibre-cement sector imported 30,403 tonnes of asbestos. Although the sector has adopted certain measures, according to the trade union confederations the Government does not control the measures adopted to eliminate the risk and does not have the capacity to do so. They add that, in the construction sector, asbestos and its handling have serious consequences, that workers are exposed to asbestos when working in demolition and using insulation boards, paint primers, asbestos cables, asbestos textiles, packaging, reinforced plastic, roofs, tiles and pipes, for example, and that most of these products are manufactured using chrysotile and crocidolite or amosite. The Committee notes the Government’s indication that asbestos has not been used in Colombia in the construction of buildings, except for the content of fibre-cement tiles and storage tanks for drinking water, for which reason it is not considered a risk to the health of workers in enterprises engaged in the demolition of buildings, or for the public. The Government adds that the Ministry of the Environment, Housing and Territorial Development issued regulations on water and air pollution caused by asbestos, exposure to asbestos in the repair and demolition of buildings and the elimination of waste containing asbestos, in Decree No. 4741 of 2005. The Government also refers to paragraph 4.5 of the Technical Annex to the draft Regulations, which will cover demolition. The Committee further notes that the paper by ASCOLFIBRAS provided by the Government indicates that fibre-cement is the generic name to identify products manufactured using fibres and a bonding product, such as cement, and that more specifically in fibre-cement products using chrysotile, fibres account for a minimum percentage of the product (between 7 and 10 per cent). It adds that there is no information that activities such as the use of insulation boards, paint primers, insulation tubes and asbestos cables are prevalent in construction in Colombia. The Committee reminds the Government that this Article of the Convention refers to demolition work, which is an activity which liberates asbestos into the air, and that in other periods the percentage of asbestos used in construction may have been greater than that indicated, and that it is during demolition activities that special prevention and protection measures are required. Accordingly, and even though asbestos may only be used in tiles and roofing, and although fibre-cement contains between 7 and 10 per cent of asbestos, the Committee emphasizes that these activities are covered by this Article of the Convention and it therefore urges the Government to give effect to this Article in law and practice, and to provide information on this subject. Please also provide information on the allegations of the CUT and the CTC concerning the use of crocidolite, despite the indication by the Government that this product is prohibited.

Prevention, vigilance and monitoring of the working environment (Article 20). Monitoring of the working environment and the exposure of workers to asbestos, in conjunction with Article 9. Laws or regulations providing that exposure to asbestos shall be prevented or controlled by one or more specific measures. The Committee notes that, according to the CUT and the CTC, there is no determination of the occupational risks related to asbestos in Colombia and measures are not adopted for healthy practices and protection against risks for any workers in relation to asbestos, white lead or any activities in general. The trade union confederations indicate that the Government has not established public policies at the national level for the control and handling of asbestos and they refer to the measures reportedly adopted by certain enterprises through their internal rules, which are only applicable to them. They add that the fibre-cement sector claims to have adopted certain occupational policies in order to claim the safe handling of asbestos in factories, based on precarious measures set out in internal work rules or occupational health committees, which are not normally operational. They assert that the Government has not adapted the legislation with a view to guaranteeing the safety of workers and indicate that there is no control to eliminate the risk and that there is a lack of capacity at the level of the Government. The Committee notes the information provided by the Government on the legislative effect given to Article 9 of the Convention, with reference to the draft Regulations. With regard to Article 20, it notes the Government’s indication that the comprehensive evidence-based guide (GATISO) for pneumoconiosis, in point 5.12, provides guidance for environmental monitoring for aerosols, solids, silica, asbestos and coal. It adds that the workers’ representatives on the National Commission on Occupational Safety in relation to Chrysotile Asbestos and Other Fibres have indicated that the provisions respecting employment risks and occupational health are complied with and that at the time that the report was drafted no complaints had been made concerning failure to comply with the provisions for the control of the risks caused by exposure to asbestos. Moreover, the representatives of the occupational risk management agencies (ARPs) to which enterprises which work with chrysotile are affiliated have indicated that their affiliated enterprises comply with the obligation to control the risks inherent in the use of chrysotile. Furthermore, the function of supervising the controls carried out by their affiliated enterprises is delegated by the State to occupational risk management agencies. In conclusion, the Government indicates in its report that mechanisms have been established to control the risks arising out of work, particularly in relation to the Convention, and it adds that the numbers of labour inspectors have increased and their profile has changed. It further indicates that the Occupational Risks Directorate of the Ministry of Social Protection is developing a public policy to control occupational cancer, based on which the comprehensive evidence-based guide was prepared for pneumoconiosis (silicosis, pneumoconiosis in coal mines and asbestosis) in 2007; the comprehensive occupational health guide for employment-related lung cancer (GATISOCAP) in 2008; the National Plan for the Prevention of Occupational Cancer in Colombia in 2009; and the National Plan for the Prevention of Silicosis, Pneumoconiosis in Coal Mines and Asbestosis. The Committee notes the indication in the paper prepared by ASCOLFIBRAS, which was attached by the Government, that the fibre-cement and friction materials enterprises represented by the Association comply with national and international standards and are certified under NTC-ISO Standard 14001 (Environmental management) and NTC-OSHAS 18001 (Occupational health and safety management). The Committee reminds the Government that the exposure prevention or control measures referred to by Article 9 of the Convention have to be adopted through the laws or regulations indicated in Article 3, as Article 9 establishes the responsibility of employers in relation to various matters, such as the records referred to in Article 20(2) and (3), which also have to be regulated by legislation. On the one hand, the Committee notes the activities undertaken by employers and by the ARPs, although on the other it notes that these activities in relation specifically to asbestos are based on guides and certification standards which are apparently not of a binding nature. The Committee recalls that these Articles of the Convention refer to specific matters which have to be regulated by the Government, in order to establish a clear framework for employers, ARPs and workers in relation to the prevention and control measures that are required. The Committee therefore requests the Government to adopt the necessary measures to give legislative effect to these Articles of the Convention and to provide information on this subject.

Part V of the report form. Application in practice. The Committee notes the information provided by the CUT concerning a study of occupational diseases caused by asbestos, and the Government’s reply indicating that the study was undertaken almost 30 years ago. The Government acknowledges the need to update research in order to know the real impact of the pathologies associated with exposure to asbestos in Colombia and indicates that the National Commission on Occupational Safety in relation to Chrysotile Asbestos and Other Fibres has contacted the University of Bosque and that the Government is willing to support this type of research. It also notes the Government’s statement that one of its priorities is the implementation of the occupational risk information system envisaged in the National Plan for Occupational Health 2008–12, and that the reports on occupational diseases for the period 2001–03 and 2003–05 did not indicate that occupational pathologies associated with exposure to asbestos are among the highest in terms of morbidity and mortality. The Committee requests the Government to provide updated information on the studies referred to and detailed statistical information. Please also provide practical information on the activities carried out by the labour inspection services to supervise the application of the provisions of the Convention and on the penalties applied, in accordance with Article 5 of the Convention.

In light of the above comments, and also taking into account the communication of the CUT and the CTC indicating that Colombia is an important producer and also importer of asbestos, the Committee urges the Government to ensure rapidly that full effect is given to the Convention in law and practice, in consultation with the most representative organizations of employers and workers concerned.

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

[The Government is asked to reply in detail to the present comments in 2012.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s brief report received on 30 August 2010 does not contain replies to all the questions raised in its previous comments and in particular that it does not indicate clearly the sections of the national legislation, including the Colombian technical standards, which, in the Government’s opinion, give effect to the provisions of the Convention. Furthermore, it notes that the Office requested further information on this matter. The Committee also notes the attachments to the Government’s report, received on 27 October 2010, including Ministry of Labour resolution No. 00935 of 25 May 2001 establishing the National Occupational Health Committee for the Asbestos Sector. Section 7 of the resolution lays down the duties of the above Committee which include providing the Government with assistance in developing standards under the present Convention. The Committee also notes the communication by the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC), which was received on 31 August 2010 and sent to the Government on 6 September 2010. The Committee notes that it has not received the further information requested or the Government’s reply to the communication by the trade unions. In this context, at the current session, the Committee will only note the comments submitted by the CUT and the CTC and will examine them in detail at its next session, together with any comments that the Government wishes to make in that regard.

The Committee will indicate at this session the main themes of the above communication, which seem to relate to Articles 10 (replacement/prohibition of asbestos or of certain types of asbestos or products containing asbestos) and 3(2) of the Convention (periodic review of the national legislation in the light of technical progress and advances in scientific knowledge). The trade union confederations state that the Government fails to recognize Article 10, which provides that where necessary to protect the health of workers and technically practicable to adapt the national legislation, which they emphasize has not been done in Colombia, the national legislation shall provide for one or more of the following measures: (a) replacement or (b) total or partial prohibition. They refer to various international scientific organizations such as the WHO, according to which “there is no significant evidence of a threshold for exposure to asbestos below which cancer does not occur”. The communication also indicates that in its report on the Occupational Health Services Convention, 1985 (No. 161), the Government does not refer to the measures taken to give effect to these provisions concerning asbestos (Articles 6(3) and 20); that there is neither prevention nor protection with regard to asbestos (Articles 3, 9 and 15); that there is no national training programme for the handling and use of asbestos (Article 22); and that the technical standards are not imposed (Article 5 of the Convention). The communication refers to these matters, in particular in relation to mining and construction workers. The CUT and the CTC indicate that more than 10,000 tons are extracted every year in the mine located in the department of Antioquía, which is extremely risky given that the exploitation of mining resources is carried out using traditional methods without technology. They also indicate that in 2007 30,403 tons of asbestos were imported by the fibrocement sector. This sector has apparently taken some measures but according to the trade union confederations, there are no control measures to eliminate risk and the Government has taken no measures to that end. They indicate that in the construction sector, asbestos and its handling has serious consequences, that workers are exposed to asbestos when working in demolition and producing insulation boards, paint primers, asbestos cables, asbestos textiles, millboard, packaging, reinforced plastic, roofs, tiles and aqueducts, for example, and that most of these products are developed using chrysotile and crocidolite or amosite. They also indicate that there are an estimated 320 deaths related to asbestos each year, according to estimates by Global Unions, based on ILO methodology. Finally, the trade unions indicate that the Colombian trade union confederations are united in their belief that the use of asbestos should be prohibited and its replacement promoted and they refer to resolution No. 001 of 14 December 2006 of the Confederation of Workers of Colombia and maintain that the Convention be applied in domestic legislation and that the use of asbestos should not be permissible. The Committee requests the Government to provide information on this communication and on the effect given to Article 4 of the Convention, which requires that the most representative organizations of employers and workers be consulted on the measures to be taken to give effect to the provisions of the Convention, and to provide information on that matter.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the Government’s reports. It requests the Government to provide in its next report supplementary information and clarification on the following points.

2. The Government is asked to describe the procedures which should be prescribed in pursuance of Article 6, paragraph 2, of the Convention establishing that whenever two or more employers undertake activities simultaneously at one workplace, they shall cooperate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of the workers he or she employs.

3. The Committee requests the Government to indicate the provisions of national laws and regulations ensuring that:

-         exposure to asbestos is prevented or controlled by one of the measures mentioned in Article 9 (adequate engineering controls or special rules including authorization for the use of asbestos);

-         protection of workers’ health is guaranteed by measures mentioned in Article 10 (replacement of asbestos by other materials or a prohibition of the use of asbestos);

-         the prohibition of crocidolite and products containing this fibre is established (Article 11);

-         the prohibition of spraying of all forms of asbestos is established
(Article 12);

-         employers shall notify to the competent authority certain types of work involving exposure to asbestos (Article 13);

-         producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos shall be made responsible for adequate labelling of the container and, where appropriate, the products, in a language and manner easily understood by the workers and the users concerned, as prescribed by the competent authority (Article 14);

-         the exposure limits and other exposure criteria shall be fixed and periodically reviewed and updated in the light of technological progress and advances in technological and scientific knowledge (Article 15, paragraph 2, in conjunction with Article 3, paragraph 2).

4. The Government is requested to supply information on measures taken or envisaged in order to give effect to Article 16 (employer’s obligation to take practical measures for the prevention and control of the exposure of the workers he or she employs to asbestos and for their protection against the hazards due to asbestos), Article 17 (permission to carry out demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne for employers or contractors recognized by the competent authority as qualified to carry out such work), Article 18, paragraph 3 (prohibition to take home of work clothing and special protective clothing and of personal protective equipment), and Article 19 (employers’ obligation to dispose of waste containing asbestos in a manner that does not pose a health risk to the workers concerned, including those handling asbestos waste, or to the population in the vicinity of the enterprise), Article 20, paragraphs 2 and 3 (the employer’s obligation to keep the records of the monitoring of the working environment and of the exposure of workers to asbestos for a period prescribed by the competent authority and the workers’ and their representatives’ possibility to have access to these records).