Observación (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre el asbesto, 1986 (núm. 162) - Colombia (Ratificación : 2001)

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Observación

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

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

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

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

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

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

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

Other measures

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

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

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

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

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

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

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