Occupational Health Services Convention, 1985 (No. 161) - 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).

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

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

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

Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers. Article 4. Consultation with the most representative organizations of employers and workers on measures to give effect to the Convention. In its previous comments, the Committee requested the Government to: (1) indicate whether the most representative organizations of employers and workers are represented on the National Council on Occupational Risks, the National Occupational Health Committee and other existing bodies; (2) indicate the scope of consultations held with the most representative organizations of employers and workers; and (3) indicate the consultations held on the formulation, implementation and review of the national policy and the measures taken to give effect to the Convention. The Committee notes with interest the Government’s indication that the most representative organizations of employers and workers, including the CUT, The Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT), are participating in the consultation. The Government also indicates that the national legislation provides for the representation of employers and workers on the National Council on Occupational Risks, the National Occupational Health Committee and in the sectoral committees. Regarding the consultations held on the formulation, implementation and review of the national policy and the measures taken to give effect to the Convention, the Committee notes the information from the Government that consultations were held on the formulation of abovementioned Decree No. 1072. The Committee requests the Government to continue to provide detailed information on the consultations held and their results.

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

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

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

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

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

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

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

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

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

Legislation. The Committee notes that the Government has provided a copy of Decree of No. 2923 of 12 August 2011 establishing the quality control system of the General Occupational Risks System. The Committee requests the Government to indicate the impact of this Decree on the application of the present Convention.

Article 9(1). Multidisciplinary nature of occupational health services. With reference to its previous comments, the Committee notes the Government’s indication that section 2 of Decision No. 1016 refers to the inter-disciplinary nature of the occupational health programme, which also benefits from the advice of the occupational risk administrators (ARPs). Please indicate the manner in which the Government ensures compliance with this Article.

Article 10. Full professional independence of the personnel providing occupational health services from employers, workers and their representatives. Article 11. Determination by the competent authority of the qualifications required for the personnel providing occupational health services. 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 that the Government has not provided information on the effect given to these Articles and it once again requests the Government to provide information on these subjects.

Article 15. Notification to occupational health services of occurrences of ill health among workers and absence from work in order to be able to identify whether there is any relation between ill-health and any health hazards. In its previous comments, the Committee noted that, according to the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC), this provision is not applied and workers have to wait to be affected by a chronic or degenerative disease before being able to address their employer or insurers for the respective studies to be commenced. The Committee notes that, according to the Government’s report, the obligation to report employment accidents and occupational diseases rests with employers and that the diagnosis of occupational diseases has increased from 23.6 per thousand workers in 2000 to 138 per thousand workers in 2010. The Committee points out that this Article requires, not the notification of the competent authorities, but that occupational health services shall be informed, with a view to identifying whether there is any relation between ill health and health risks, but that the Government’s report appears to be referring to notification of the competent authority. The Committee requests the Government to indicate whether information is provided to occupational health services for the purpose indicated in this Article.

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

The Committee notes the Government’s report in reply to its observation of 2010, in which it referred to a communication of the Single Confederation of Workers (CUT), and the Confederation of Workers of Colombia (CTC). It also notes two new communications, one from the CUT and the CTC and the other from the General Confederation of Workers (CGT), containing comments on the Government’s report ,which were forwarded to the Government on 19 September 2011.

Article 2 of the Convention. Formulation, implementation and periodical review of a coherent national policy on occupational health services. Article 4. Consultation of the most representative organizations of employers and workers on the measures to be taken to give effect to the Convention. In its previous comments, the Committee noted the Government’s indications concerning the national occupational safety and health policy, and it pointed out to the Government that the national policy referred to in the present Convention is the national policy on occupational health services, as defined in Article 1 of the Convention, namely services entrusted with essentially preventive functions and which are responsible for advising the employer, the workers and their representatives in the enterprise of the requirements for establishing and maintaining a safe and healthy working environment and the adaptation of work to the capabilities of workers. The Committee requested the Government to provide further information on the content of its national health services policy and to indicate whether the policy was formulated, implemented and reviewed in consultation with the social partners. The Committee notes that the report does not contain specific information on the policy on occupational health services. The Government indicates that there exist in the country forums for the participation of workers and employers, such as the National Council on Occupational Risks, the National Occupational Health Committee and commissions in various sectors. It further notes that, according to the report, the issue of the coherent national policy on occupational health services will be raised in the National Council for Occupational Risks, and the necessity will be reviewed of adopting a specific policy on health services. The CUT and the CTC indicate that the report contains a good proposal, but no tangible measures to identify and prevent the high rate of accidents, especially in activities such as mining, which involve exposure to chemicals and other high-risk products. They add that the Government does not indicate or specify in its report the measures that have to be adopted. They emphasize that there is no dialogue with the various social actors. The Committee reminds the Government that the requirement of a national policy on health services is a fundamental element of the application of the Convention, and that this involves, in the first place, the formulation of the policy, the monitoring of its implementation and, based on the results achieved, the review of the policy at appropriate intervals, all of which is to be undertaken in consultation with the most representative organizations of employers and workers. The Committee therefore requests the Government to: (1) indicate whether the most representative organizations of employers and workers are represented on the National Council on Occupational Risks, the National Occupational Health Committee and other bodies that are operational; (2) indicate the forum for consultation with the most representative organizations of employers and workers; and (3) indicate the consultations held on the formulation, implementation and review of the national policy and the measures to be taken to give effect to the provisions of this Convention, and on the outcome of such consultations.

Article 3. Progressive development of health services for all workers. The Committee notes that, according to the report, in over 50 per cent of workplaces evaluated, occupational safety activities are carried out and that it is hoped that this figure will increase with the implementation of the Quality Control System of the General Occupational Risks System. The Committee notes that the Government bases the establishment of occupational health services on Resolution No. 1016 of 1989, which regulates the organization, operation and structure of the occupational health programmes that are to be developed by employers in the country and by the administrators of the General System of Occupational Risks (ARP). The Committee notes that, according to the CUT and CTC, Resolution No. 1016 of 1989 is not a solution, and that it demonstrates the withdrawal of the State, which transfers to employers the responsibility for allocating the indispensable physical and financial resources for the development and implementation of occupational health programmes. They add that, although legislation exists in Colombia, it is not precise and does not determine clearly the parameters established by the legislation governing occupational health services. They add that the will is lacking for the implementation of the Convention, under state responsibility and direction, and that the system that prevails in the country is not based on prevention as, when a worker is already ill, the ARP, which have been privatized since 1993, begin to provide services, but do not play a preventive role. The Committee draws the Government’s attention to the fact that its information on occupational health activities is more general than occupational health services. The latter are defined in Article 1 and are entrusted with the functions set out in Article 5(a)–(k) of the Convention. The Committee requests the Government to indicate clearly the manner in which occupational health services, as defined by the Convention and the Occupational Health Services Recommendation, 1985 (No. 171), are structured, and the manner in which the State ensures that such services exist and operate in accordance with the requirements of the Convention. Please indicate the sectors in which occupational health services are operational and the plans for their progressive development in other sectors.

Article 5. Occupational health services that are adequate and appropriate to the occupational risks of the enterprise. In its previous comments, the Committee requested the Government to indicate clearly the services in the country which discharge the functions set out in Article 5, and to provide detailed information on the manner in which effect is given in law and practice to each of the clauses of this Article. The Committee notes that the Government has not provided information on each of the functions set out in this Article, and that the information supplied is of a general nature. The Government refers to Resolution No. 1016 and explains its view that a service involves structure, results and processes and that occupational health programmes are equivalent to occupational health services. The Committee considers that, although programmes may provide the basis for health services, it is necessary to ascertain whether such programmes discharge the functions set out in each of the clauses of the present Article, which are all distinct functions. The Committee therefore once again requests the Government to provide comprehensive information on the effect given in law and practice to the functions set out in Article 5(a)–(k) of the Convention.

Article 5(a). Identification and assessment of risks. Clause (b). Surveillance of the factors in the working environment and working practices. Clause (c). Advice on the planning and organization of work, including the design of workplaces. The Committee recalls its previous comments relating to the alleged lack of prevention in mines and the deaths that have occurred, among others, in the San Fernando coal mine, where 73 workers died, the Government has reported that, in view of the fact that the mining sector has become one of the most important economic activities, the structure and functions of the Colombian Institute of Geology and Mining (INGEOMINAS) are being reviewed with a view to strengthening inspection, supervision and control of occupational health standards in the sector. The Government indicates that communication campaigns have been strengthened to promote a culture of self-awareness by miners, and various direct interventions have been undertaken in mines. The Committee notes the newspaper articles supplied by the CGT containing information in a project to reduce deaths in coalmines and its indication that the project is based on the approach that accidents in coalmines are due to the lack of safety technology, the lack of training for owners and workers, and unlawful activities, and that the aim is to reduce by half the number of accidents by 2014. The article also indicates that in 2010 there were 173 deaths resulting from employment accidents in this sector. The Committee requests the Government to indicate the total number of workers in the mines in the country, and the number of workers in mines who in practice benefit from the functions indicated in clauses (a), (b) and (c) of this Article of the Convention. It also requests the Government to provide information on the plans for the establishment of health services in all mines, including those that are not registered, as is the case of the Sinifaná basin, to which it referred in its last comment.

Part VI of the report form. Application in practice. The Committee notes that, according to the communications of the CUT and the CTC, statistics are not updated by the Government, which is an obstacle to prevention and to the implementation, control and effectiveness of safety standards. The Committee requests the Government to provide information on this subject.

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

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

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

Article 2 of the Convention. Measures taken for periodic review of a coherent national policy on occupational health services. The Committee notes that, according to the Government, the national occupational health policy is defined and updated every four years by means of an occupational health plan, and that the current plan covers the period 2008–12. The Committee points out that the national policy referred to in this Convention is the national policy on occupational health services as defined in Article 1 of the Convention, namely, services entrusted with essentially preventive functions and responsible for advising the employer, the workers and their representatives on the requirements for establishing and maintaining a safe and healthy working environment and the adaptation of work to the capabilities of workers. The Committee requests the Government to provide further information on the content of its national health services policy and to state whether the policy was formulated and implemented and has been reviewed in consultation with the social partners.

Article 3(1). Progressive development of health services for all workers. The Committee takes note of the information supplied by the Government but points out that it does not include the requisite information on occupational health services. The Committee requests the Government to provide detailed information on the application of this Article as regards the health services.

Article 5. Functions of the occupational health services. The Committee notes that, according to the Government, Resolution No. 1016 of 1989 regulates the occupational health programmes that employers must develop, and that the subprogrammes on preventive medicine and occupational medicine refer to some of the aspects covered by this Article of the Convention. The Committee notes, however, that in the information provided, the Government refers to a programme without specifying the services that perform the functions laid down in this Article. The Committee asks the Government to indicate clearly which services in Colombia perform the functions specified in Article 5, and to provide detailed information on the manner in which effect is given in law and in practice to each item of this Article.

Noting that the Government has continued to provide information on health programmes and plans without making specific reference in its replies to occupational services, it again requests the Government to provide the information required by Articles 9(1), 10–12 and 14 of the Convention taking into account the definition of occupational health services set out in Article 1 of this Convention.

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

Part VI of the report form. Application of the Convention in practice. Communication from the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC). The Committee notes the Government’s report and a communication from the CUT and the CTC received on 31 August 2010 and sent to the Government on 6 September 2010. The Committee notes that the Government’s comments on the communication have not as yet been received. The Committee will examine the communication at its next session together with any comments the Government may wish to make. It will set out below the main matters raised. The CUT and the CTC indicate that the main problem relates to the practical application of the Convention rather than the relevant legislation. The communication refers, in particular, to the following matters.

Articles 2 and 3 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services. Progressive development of such services. The communication indicates that the Occupational Risk Administrators (ARP) are in charge of health services and that they have no preventive duties, that their membership rate is extremely low, only 36 per cent of workers being members, which means that, out of 19 million workers, 12 million have no cover whatsoever.

Articles 5 and 8. Occupational health services that are adequate and appropriate to the occupational risks of the undertaking. Cooperation between the employer, the workers and their representatives. The abovementioned organizations raise the following matters:

–      High rate of occupational accidents. According to the CUT and the CTC, Government action is limited to the hiring of occupational risk insurers, and the inefficiency of prevention is reflected in the high rate of occupational accidents. They indicate that between 2008 and May 2010, 1,221,619 occupational accidents were reported, of which only 868,791 were recognized as occupational accidents. Furthermore, taking into account only the figures for those recognized as such, the monthly average of occupational accidents is 29,958 which amounts to 968.1 accidents per day.

–      Non-application of regulations. The CUT and the CTC state that in its report, the Government merely lists functions of the subprogramme on preventive and occupational medicine, on which the trade union organizations were not consulted. Furthermore, Colombia cannot continue to hide behind regulations that are not applied, and it must take the necessary administrative and budgetary measures to comply with the Convention. They also indicate a lack of participation by workers and assert that although forums for dialogue do exist officially, they do not operate in practice.

–      Absence of supervision of work environment factors. The organizations allege, in particular, a lack of prevention in mines and indicate that on 16 June 2010 an occupational accident occurred in the San Fernando coalmine causing 73 deaths, among other reasons because the risks were not identified and there was no monitoring of the work environment factors. Furthermore, of the 29 mines operating legally in the Sinifaná basin, only five meet all requirements and, in the others, the main requirements that are not fulfilled relate to safety and health.

Article 15. Notification to occupational health services of occurrences of ill health and absence from work for health reasons in the interests of identifying any relation between the ill health and health hazards. The CUT and the CTC assert that this provision is not applied and that workers must wait until a disease becomes chronic or degenerative before asking the employer or insurers to have the necessary studies carried out.

The Committee asks the Government to supply information on the application in practice of the abovementioned Articles, indicating the proportion of workers covered by the functions set forth in Article 5 of the Convention. If, as provided in Article 3(2), occupational health services cannot be immediately established for all undertakings, the Committee requests the Government to provide information on the plans for establishing such services, drawn up in consultation with the most representative organizations of employers and workers. The Committee will examine the Government’s report together with its comments on the present communication.

Plan of Action 2010–16. While noting that the abovementioned organizations refer to the absence of a policy on occupational safety and health, the Committee points out that this is not a subject covered by the present Convention. It wishes to take this opportunity to inform the Government that in March 2010, the Governing Body adopted the Plan of Action 2010–16 to achieve widespread ratification and effective implementation of the Occupational Safety and Health Convention, 1981 (No. 155), its Protocol of 2002 and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.). The Committee points out that, under this Plan, the Office provides technical assistance to any governments wishing to bring their legislation and practice into conformity with these key occupational safety and health Conventions, with a view to promoting ratification and effective implementation of these instruments. The Committee reminds the Government that the Office is at its disposal for the preparation of reports on ratified Conventions. The Committee invites the Government to supply information on any needs that may arise in this regard.

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

[The Government is asked to reply in detail to the present comments in 2011.]

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

The Committee notes the Government’s reports. It requests the Government to provide with its next report information on the following points:

Article 2 – the measures adopted for periodical review of the coherent national policy on occupational health services;

Article 3, paragraph 1 – the manner in which is ensured that occupational health services are developed for all workers;

Article 5 – the detailed description of the functions of occupational health services;

Article 9, paragraph 1 – the information on measures ensuring the multidisciplinary nature of the occupational health services;

Articles 10 to 12 – the measures ensuring the professional independence of personnel of occupational health services; the surveillance (free of charge) of workers’ health; the information of workers of health hazards at work;

Article 14 – the measures ensuring the information of occupational health services on known and suspected factors which may affect the workers’ health;

Part V of the report form – information on the manner in which the Convention is applied in practice supplying extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, disaggregated by sex, if available, the number and nature of infringements reported, etc.