Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Inspection Convention, 1947 (No. 81) - Colombia (Ratification: 1967)

Referring to its observation, the Committee draws in addition the Government’s attention to the following points.

Articles 3, 4 and 9 of the Convention. Structure and operation of the national system of inspectors in relation to occupational safety and health conditions. The Committee notes that section 32 of Act No. 1562 of 11 July 2012, which modifies the system of occupational risks, provides for the creation of the “national system of labour inspectors” under the direction and supervision of the Ministry of Labour. This system will comprise the labour inspectorates, labour inspectors, coordinating bodies for inspection, supervision and monitoring and inter-disciplinary support staff and will include the presence of various state bodies which undertake in situ inspections in enterprises. The same provision provides for the creation by the Ministry of the Special National Standing Committee on labour inspection relating to occupational risks, which will be tasked with prevention and promotion with regard to occupational risks and enforcement of standards relating to the prevention of occupational accidents and diseases and of occupational safety and health (OSH). If the Special Committee sees fit to do so, it may establish on a temporary or permanent basis regional subcommittees or appoint “delegated” inspectors to the territorial directorates for the same purposes. In the context of such committees, inspectors must conduct periodic visits to the various occupational risk insurers (ARL) and the enterprises affiliated to the system. These committees are also empowered to examine settlements established in the case of industrial accidents and occupational diseases. The Committee requests the Government to clarify the relationship between the “national system of labour inspectors” and the current inspection system and state whether the existing corps of labour inspectors will be incorporated in the system established by this Act.

The Committee also requests the Government to specify the criteria to be taken into account by the Special National Standing Committee on labour inspection relating to occupational risks in order to establish regional subcommittees or create “delegated” inspector posts of a permanent or temporary nature and also to clarify whether such posts have already been created and, if so, to provide details of their geographical distribution.

Article 13. Preventive function of labour inspection. The Government indicates that in conformity with section 91 of Decree No. 1295 of 1994, the territorial director may impose fines and order the suspension of activities for up to six months, wherever an imminent danger exists owing to failure to comply with instructions for the prevention of occupational risks specifically ordered by the Ministry’s technical directorate for occupational risks. The Committee requests the Government to clarify whether the power to take such action exists in cases where there is an imminent danger without the instructions or orders issued by the Ministry’s technical directorate for occupational risks having been disregarded, and to clarify the duty of labour inspectors in this context and in what manner they discharge it. The Committee also requests the Government to indicate the measures taken in both law and practice which empower labour inspectors to issue orders or have orders issued requiring alterations to the plant, assembly or working methods within a specific time limit, as may be necessary to secure compliance with the legal provisions relating to the health or safety of the workers.

Articles 5 and 14. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Government indicates that Act No. 1562 of 2012 also assigns to the Deputy Minister of Labour Relations the responsibility for formulating and coordinating mechanisms for the timely intervention of the Special Investigations Unit in the conduct of investigations into occupational risks with its own staff or with multi-disciplinary staff from other authorities or territorial directorates. It also declares that regulations to implement the abovementioned Act, which will make for improvements in the mechanisms for notification to the labour inspectorate of industrial accidents and cases of occupational disease, are in the process of being drawn up. It also indicates that the inspection services of government bodies such as the Health Supervisory Board, the Economic Solidarity Supervisory Board, the Colombian Institute of Family Welfare (ICBF) and the National Training Institute (SENA) cooperate with the Ministry of Labour. A joint circular was reportedly signed between the Economic Solidarity Supervisory Board and the former Ministry of Social Protection in 2009 in order to determine the respective powers of each body in this context. Furthermore, an inter-institutional agreement has reportedly been signed with the Colombian Institute of Geology and Mining (INGEOMINAS), the “Positiva” Occupational Risk Insurer (ARP) and SENA with a view to coordinating activities undertaken by these bodies in the mining sector. The Committee requests the Government to provide information on the measures taken with a view to improving the mechanism for the notification of industrial accidents and cases of occupational disease to the labour inspection services, including copies of any legislative texts adopted or promulgated to this end. It also requests the Government to provide detailed information on procedures for cooperation between the labour inspection services and the other signatories to the abovementioned inter-institutional agreement in relation to the mining sector, on the activities undertaken in this context and on the practical effects of this cooperation.