In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 162 (asbestos), 170 (chemicals) and 174 (major industrial accidents) together.

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

Benzene Convention, 1971 (No. 136)

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

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

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

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

Asbestos Convention, 1986 (No. 162)

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

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

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

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

Chemicals Convention, 1990 (No. 170)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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