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

The Committee notes the observations of the Single Confederation of Workers of Colombia (CUT) received on 2 September 2015. The Committee requests the Government to provide its comments in this respect.

The Committee notes the information provided on the following Articles of the Convention: Article 5 (technical standards and codes of practice); Article 26(1) and (3) (requirements for the construction, installation and maintenance of electrical equipment and installations); Article 27(b) (assignment of a competent person responsible for the storage, transportation, handling and use of explosives); Article 28(2) (replacement of hazardous substances by harmless or less hazardous substances); Article 29(1) and (2) (appropriate measures to ensure protection against the risk of fire); Article 30(2) (use of personal protective equipment); and Article 34 (requirements for the reporting of occupational accidents and diseases to the competent authority). The Committee requests the Government to provide information on the application in practice of each of these Articles.

Articles 3 and 4 of the Convention. Consultations with the most representative organizations of the employers and workers concerned. Legislation. The Committee notes the information provided by the Government in its report according to which the National Committee for Occupational Safety and Health in the construction sector holds monthly meetings with the participation of all actors in the sector. As a result of this work, in June 2015, the Ministry of Labour launched the Guide to safe work in excavations to prevent and control occupational risks related to excavation. Action has also been undertaken to improve the registration of workers in the construction sector in the social security system. Construction sector workers represent 11 per cent of the total number of workers registered with the occupational risks system. The Committee notes that the National Committee for Occupational Safety and Health in the construction sector is engaged in updating the regulations for the sector. The Committee requests the Government to continue providing information on the consultations held and their outcome, and on the measures and legislation adopted as a result of the consultations.

Article 8(1) and (2). Cooperation between two or more employers undertaking activities simultaneously at one construction site. The Committee requests the Government to indicate whether section 28 of Decree No. 1072 of 2015 covers cooperation between two or more employers undertaking activities simultaneously at one construction site, and to specify the manner in which it is applied in practice.

Article 12(1) and (2). The right of workers to remove themselves from a situation of imminent and serious danger to their safety and health, and the employer’s obligation to stop the operation and evacuate workers. The Committee notes the Government’s indication that Colombia is a member of the Andean Community of Nations and that section 21 of Decision No. 584 of the Andean Community of Nations is in conformity with Article 12(1) of the Convention on the right of workers to remove themselves from a situation of imminent and serious danger. However, the Committee recalls that Article 12(1) of the Convention has to be given effect by national laws or regulations. The Committee also notes the information provided by the Government on the effect given to Article 12(2) of the Convention on the obligations of employers in the event of imminent danger to the safety of workers. However, it notes that this information refers to the functions of the labour inspectorate and not to the obligations of employers, as required by Article 12(2) of the Convention. The Committee once again requests the Government to adopt the necessary measures to give effect to this Article of the Convention in national legislation, and to provide information in this regard.

Article 32. Provision of drinking water, facilities for changing clothing, and separate sanitary and washing facilities for men and women workers. The Committee once again requests the Government to provide information on the effect given to this Article of the Convention.