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Safety and Health in Construction Convention, 1988 (No. 167) - Colombia (RATIFICATION: 1994)

Article 3 of the Convention. Consultations with the most representative organizations of the employers and workers concerned. Further to its previous comments, the Committee notes that according to the Government, the National Occupational Health Committee of the Construction Sector, responsible for promoting, supporting and monitoring the implementation, development and consolidation of the public policy on the promotion of occupational health and the prevention of occupational risks in the construction sector, has held meetings since May 2002. The topics it has addressed include social security evasion on the part of a large percentage of employers and the breach of occupational health provisions, with implications for mortality and morbidity that are shown in the statistics supplied by the Government. The Committee trusts that these consultations will lead to the identification of the occupational safety and health problems facing the sector and the adoption of measures to resolve them. The Committee asks the Government in its next report to supply information on the subjects addressed by the abovementioned committee and in particular on the measures taken or envisaged to tackle such problems, particularly the evasion and circumvention of social security requirements as far as to the present Convention and the failure to apply occupational safety and health provisions, along with information on the application of such measures in practice.

Article 4. Legislation ensuring the application of the Convention adopted on the basis of an assessment of safety and health hazards. The Committee notes the information supplied by the Government to the effect that the process to update Resolution No. 2413 of 1979 issuing safety and health regulations for the construction industry is still under way. The National Committee referred to in the previous paragraph took part in this process and the draft text is currently before the Directorate of Occupational Hazards. Bearing in mind that ever since the Convention was ratified, the Committee has been noting that the process to update the abovementioned regulations is under way, it asks the Government to provide information on the obstacles to completion of this process. It also asks the Government to take the necessary steps to complete the draft and to ensure that the final text gives effect to the provisions of this Convention, and to report on progress made.

Article 5(1) and (2). Technical standards or codes of practice. The Committee notes that according to the Government, high-rise work accounts for 25 per cent of accidents in the sector with very serious consequences, such as invalidity and death, and that for this reason Resolutions Nos 3673 of 2008 and 736 of 2009 were issued setting forth technical regulations for safety in high-rise work. Furthermore, noting the Government’s statement that regulations on asbestos are being drafted and bearing in mind its observations of 2010 and 2011 on the Asbestos Convention, 1986 (No. 162) concerning, inter alia, communications from trade unions, indicating that asbestos handling has serious consequences in the construction sector in Colombia, the Committee requests the Government to adopt the necessary technical standards at an early date and to report on this matter.

Article 8(1) and (2). Cooperation between two or more employers undertaking activities simultaneously at one construction site. Further to its previous comments, the Committee notes that the Government has provided a copy of the Single Circular of 2004 indicating that effect was given to this provision of the Convention, but observes that the Circular in question appears not to give effect to this Article of the Convention. It also notes the copy of the draft resolution “to regulate the general occupational health provisions for the construction sector”, sent with the report, and notes that although section 2 refers to activities carried on simultaneously, it does not provide for the cooperation laid down in this Article of the Convention. The Committee urges the Government to give effect to this Article of the Convention in law and in practice and to provide information on the matter, including information on any relevance that the Single Circular of 2004 may have to this provision of the Convention.

Article 12(1) and (2). The worker’s right to removal in case of imminent and serious danger to his or her safety and health, and the employer’s obligation to stop the operation and evacuate workers. The Committee notes that under section 3.L of the draft regulations on the sector, the employer has a duty to take immediate measures, to interrupt activities and, if necessary, to authorize evacuation of the personnel when an imminent risk to the latter’s safety is identified on the site. The Committee observes, however, that the draft does not establish the workers’ right to removal from a hazardous situation when they have reasonable grounds for believing that there is an imminent and serious danger to their safety and health. The Committee requests the Government to take the necessary steps to give effect to this provision of the Convention in its legislation and, once such provisions have been adopted, to ensure that this right is exercised in practice, and to provide detailed information on the matter.

Article 26(1) and (3). Requirements concerning the construction, installation and maintenance of electrical equipment. The Committee notes that Resolution No. 180372 of 2004 gives effect to Article 26(3) of the Convention. Noting that the Government has provided no information on Article 26(1), which concerns a “competent person”, the Committee points out that according to Paragraph 2(g) of the Safety and Health in Construction Recommendation, 1988 (No. 175), the term “competent person” means a person possessing adequate qualifications, such as suitable training and sufficient knowledge, experience and skill for the safe performance of the specific work. The competent authorities may define appropriate criteria for the designation of such persons and may determine the duties to be assigned to them. The Committee requests the Government to provide information on the manner on which it ensures that effect is given to Article 26(1) of the Convention.

Article 30(2). Providing the workers with appropriate means to enable them to use individual protective equipment and ensuring its proper use. Article 32. Provision of drinking water and separate sanitary and washing facilities and clothing rooms for men and women workers. The Committee notes that the draft regulations on occupational health for the construction sector will give effect to these provisions of the Convention. It requests the Government to provide information on all developments regarding this text and, once the draft has been adopted, to take the necessary measures to ensure that its provisions are applied in practice, and to provide information on the matter.

Article 34. Requirements for reporting occupational accidents and diseases to the competent authority. The Committee asks the Government to state whether the legislation sets a time limit for reporting occupational accidents and diseases to the competent authorities.

Article 27(b). Appointing a competent person to be responsible for storing, transporting, handling or using explosives; Article 28(2)(a) replacing hazardous substances by harmless or less hazardous substances; and Article 29(1) and (2). Appropriate measures to ensure protection against risks due to fire. The Committee notes that the Government provides no information on these Articles. It once again asks the Government to supply information on the effect given to these Articles of the Convention.

Part VI of the report form. Application in practice. The Committee notes the information supplied by the Government to the effect that the construction sector employs approximately 915,000 workers and that in 2006, only 33.2 per cent of total workers in the sector were protected by the General Occupational Risk System (SGRP), 39.7 per cent in 2007, and 51.34 per cent in 2008. The Government states that 9.82 per cent of SGRP members suffered accidents, which were fatal in the case of 83 workers. The Government also states that for construction workers who are not affiliated to the SGRP, there is no information on accident trends. The Committee notes the national meetings on occupational health in the construction sector and the development of a handbook as a tool for all involved in order to make occupational health management operational. The Committee requests the Government to continue to provide information on the practical effect given to the Convention, and in particular on the progress in the size of the SGRP membership.