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

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

Other comments on C162

Observation

Direct Request

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

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

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

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

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

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

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

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

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