Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Colombia (Ratification: 1976)

The Committee notes the Government’s report for the period ending 31 July 2000. It would be grateful if the Government would supply further information on the following matters.

1. Safety and service conditions for labour inspectors working in agricultural undertakings. While noting with interest the information concerning the conclusion of agreements between the labour inspectorate and certain public and private institutions such as the national apprenticeship service (SENA), the Colombian family welfare institute (ICBF) and university institutions with a view to providing labour inspectors working in rural zones with the means of transport and technical support necessary for the performance of their duties, the Committee remains concerned at the precarious security situation in respect of working conditions of labour inspectors whose right to life and physical integrity, according to the Government, is constantly threatened in a context of armed conflict. The Committee would be grateful if the government would supply copies of the abovementioned decree relating to means of transport and technical support for labour inspectors and also furnish precise information on any concrete measures taken or contemplated with a view to providing the security necessary for labour inspectors in the performance of their duties.

2. Association of labour inspection services in the preventive control of new plant, new materials or substances and new methods of handling or processing products. While noting that, in conformity with Act No. 100 of 1993, training of workers and employers in the prevention of occupational risks is provided within the framework of the general system of occupational risks, the Committee would be grateful if the Government would supply further information indicating how effect is given to Article 17 of the Convention under which the labour inspection services in agriculture should be associated, in such cases and in such manner as may be determined by the competent authority, in the preventive control of new plant, new materials or substances, and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

3. Articles 19, 26 and 27. Referring to the Government’s report on the application of section 4 of Decree No. 1530 of 1996, the Committee notes that in cases of industrial accidents or occupational illness leading to the worker’s death, the inspection service in association with the joint committee on industrial safety, must carry out an inquiry within 15 days into the causes of the accident or illness and provide a report to the administrative service responsible for occupational risks on which it depends. This service transmits the report, accompanied by its opinion, to the general directorate for further action and possible application of sanctions. Noting that no reference is made in this matter to any notification of pertinent information to the labour inspection services, the Committee reminds the Government that, pursuant to Article 19 of the Convention,the labour inspectorate shall be notified of occupational accidents and cases of occupational disease occurring in the agricultural sector in such cases and in such manner as may be prescribed by national laws or regulations (paragraph 1) and that, as far as possible, inspectors shall be associated with any enquiry on the spot into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences (paragraph 2). The Committee also recalls that statistics of occupational accidents and occupational diseases must be included among the information provided by the central inspection authority in the annual report for which the times for communication to the ILO as well as the content are set out in Articles 26 and 27 of the Convention.The Committee notes with regret, once again, that no such report has been communicated to the ILO. It therefore requests the Government to supply in its next report specific information on how effect is given to Article 19, paragraphs 1 and 2, and to take the necessary measures, as speedily as possible, with a view to ensuring fulfilment by thecentral labour authority for inspection in agriculture of its obligation to prepare, publish and communicate an annual report in compliance with the form and content set out in Articles 26 and 27.

The Committee is also addressing a request on other points directly to the Government.