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

Asbestos Convention, 1986 (No. 162) - Colombia (Ratification: 2001)

The Committee notes the Government’s report received on 25 September 2012, a communication from the Single Workers’ Union of Materials for the Construction Industry (SUTIMAC) received on 10 April 2012, and a communication from the Confederation of Workers of Colombia (CTC) received on 31 August 2012.

Background. For a number of years the Committee has been asking the Government to adopt legislation which gives effect to the provisions of the Convention. The Committee is also following up on joint communications from the CTC and the Single Confederation of Workers (CUT) dated 2010 and 2011, which claim that no public policies have been established at the national level by the Government for the control and management of asbestos; the legislation is not being aligned to the Convention; technical standards are not being implemented; no measures are being promoted by the Government to eliminate the risk; the Government has transferred all the occupational safety and health obligations to the employer; precarious measures are set out in internal work regulations or in occupational health committees and these are not applied in practice; and there is no national training programme on the handling and use of asbestos. The CUT and the CTC also assert that there is no dialogue with the various social partners; and they conclude that they consider it necessary to adopt a public policy for the total prohibition of asbestos. The CUT and CTC add that over 10,000 tonnes of asbestos per 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. The Committee notes that the Government has not sent any comments on the joint communication of 2011.

Communication from SUTIMAC. The trade union asserts that it represents over 4,800 members and represents some 75,000 indirect workers involved in the production and manufacture of high-density fibro-cement and friction materials; that in the context of the joint occupational health committees SUTIMAC has been monitoring the observance of established hazard control measures and the national legislation; that the estimate of 320 deaths per year related to asbestos in Colombia does not reflect the reality experienced by workers in the sector; and that they consider that the measures adopted and pending adoption allow the sector to ensure health and safety at work for persons working with chrysotile fibres. It urges the Government to recruit adequate numbers of duly qualified labour inspectors to ensure that a constant monitoring and verification of safety measures in production plants is carried out, thereby ensuring decent and safe work. SUTIMAC indicates that the mine involved in chrysotile exploitation belongs to the workers engaged in the exploitation and marketing of these fibres. Their representatives form part of the National Commission on Occupational Health in the Absestos Sector.

Communication from the CTC received in 2012. The CTC reiterates the need for the total prohibition of asbestos in Colombia and declares that 44 countries have already totally prohibited the use of asbestos and that in Canada and the United States it has been phased out completely.

Article 3 of the Convention. Legislative measures for the prevention and control of and protection of workers against health hazards. In its previous observation the Committee urged the Government to ensure the rapid adoption of legislation giving effect to the provisions of the Convention, including the adoption of pending draft legislation and the preparation of new legislation where necessary, and asked it to provide information in this respect. The Committee welcomes the adoption of Decision No. 007 of 4 November 2011 of the Ministry of Health and Social Protection adopting the Regulations on safety and health with regard to chrysotile and other fibres and its technical annex, but notes however that it will only enter into force in May 2013. The Government states repeatedly this Decision and its technical annexes will become binding. The Committee notes that these Regulations will constitute an important step towards the effective implementation of the Convention. The Committee further notes that this Decision will respond to certain issues raised by the CUT and CTC, which were referred to above. The Committee requests the Government to continue to supply information on any legislation adopted in relation to the present Convention.

Technical standards. In its previous comment the Committee asked the Government to supply information on the compulsory nature of the technical standards relating to asbestos. The Committee notes that the Government has not provided any information on this matter. The Committee again requests the Government to indicate whether the technical standards relating to the Convention are binding.

Article 4. Consultations with the most representative organizations of employers and workers concerned regarding the measures to be taken to give effect to the provisions of the Convention. In its previous comments the Committee, while noting that the Government holds consultations within the National Commission on Occupational Health relating to Chrysotile Asbestos and Other Fibres, also noted that the CUT and CTC were calling for real and effective dialogue and that they considered other forums of consultation to be more appropriate. The Committee noted that section 3(7) of Decision No. 1458 of 2008 includes a trade union delegate or workers’ representative from each fibro-cement enterprise in the abovementioned National Commission, while in section 3(9) it includes a trade union delegate or workers’ representative from each friction materials enterprise, and noted that the CUT and CTC did not appear to be represented in this Commission. The Committee expressed its hope that the Government would make efforts to include in consultations other organizations that meet the criterion of the most representative organizations of employers and workers concerned, and asked for information on the outcome of these consultations. The Government indicates that the workers’ representatives participating in the abovementioned Commission include the secretary of SUTIMAC and one of the executive secretaries of the CUT but, with a view to maintaining full participation and in compliance with the Committee’s recommendation, it will include other workers’ organizations in the meetings of the Commission on Asbestos. The Committee requests the Government to indicate which other most representative organizations it has included in the Commission on Asbestos and to provide information on the consultations held concerning measures to be adopted in order to give effect to the provisions of the Convention and on the results thereof. The Government is also requested to provide information on the consultations held regarding the adoption of Decision No. 007 referred to above.

Article 5(1). Enforcement of the laws and regulations adopted pursuant to Article 3 of the Convention through an adequate and appropriate system of inspection. With regard to the comments from SUTIMAC requesting the Government to recruit adequate numbers of duly qualified labour inspectors to ensure that the constant monitoring and verification of safety measures in production plants is continued, thereby ensuring decent and safe work, the Committee requests the Government to take the appropriate steps to ensure an adequate and appropriate inspection system in relation to the present Convention and to supply information in this respect.

Article 9(a). Making work in which exposure to asbestos may occur subject to regulations prescribing adequate engineering controls and work practices, including workplace hygiene. The Committee notes that the Government makes a general reference to Decision No. 007 containing the measures referred to by the present Article of the Convention. The Committee requests the Government to provide information on the manner in which these measures are applied in practice to different types of work in which the worker may be exposed to asbestos, including at the mine referred to in the communications from the CUT, CTC and SUTIMAC.

Article 9(b). Prescribing special rules and procedures, including authorization, for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes. The Committee requests the Government to provide information on the clauses of Decision No. 007 which set forth special rules and procedures, including authorization, for the use of asbestos or of certain types of asbestos or products containing asbestos or for certain work processes.

Article 10 (replacement of asbestos with other materials or 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 Article 4 (consultation of the most representative organizations of employers and workers concerned). The Committee notes that in its communication of 2012, the CTC reiterates the need to revise the legislation in the light of scientific and technical knowledge and to consider the replacement or prohibition of all forms of asbestos, including chrysotile. In its previous comments the Committee recalled that any legislative measure must be the subject of consultation and periodic review 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 must be the subject of consultations, as required by Article 4 of the Convention. The Committee therefore asked the Government to undertake such a review according to the terms of the abovementioned Articles and to provide information on this matter. The Committee notes the Government’s indication that it has examined the possibility of replacement or prohibition contained in Article 10 of the Convention and for this reason Decision No. 007 explicitly prohibits the use of amphibole types of asbestos and chrysotile in friable, sprayed or sprinkled form. The Committee reminds the Government that the obligation to impose such prohibitions is established in Articles 11 and 12 of the Convention and so, when Article 10 of the Convention refers to replacement or prohibition, it means the other forms of asbestos not covered by Articles 11 and 12 of the Convention. Furthermore, the Government states that it is constantly reviewing this subject and until there is established proof of a less harmful substance to replace chrysotile, it will not consider the feasibility of total prohibition. The Committee requests the Government in accordance with Article 3(2) and in the context of consultations with the most representative employers’ and workers’ organizations concerned, as required by Article 4, to examine at intervals the possibility of replacement or prohibition as set out in Article 10 of the Convention and to provide information on such periodic review, including consultations and the outcome thereof.

Article 11. Prohibition of crocidolite and products containing this fibre. With reference to its previous comments, the Committee notes that section 3.1.1(b) of Decision No. 007 prohibits the use of any amphibole type of asbestos. The Committee requests the Government to indicate whether the aforementioned section also prohibits products containing crocidolite.

Article 12. Prohibition on spraying of all forms of asbestos. With reference to its previous comments, the Committee notes that section 3.1.1(c) of Decision No. 007 prohibits the application of chrysotile asbestos in friable, sprayed or sprinkled form. The Committee requests the Government to supply information on the application of this prohibition in practice.

Article 13. Notification by employers to the competent authority of certain types of work involving exposure to asbestos. The Committee notes the Government’s statement that section 2.2.12 of Decision No. 007 states that employers must send to their occupational risk administration (ARP) during the last quarter of the year, information on operations and workplaces in which the fibres covered by the regulations are present, and also on raw materials or supplies, the working population by levels of risk, and data on morbidity. Furthermore, according to section 2.1.2 of Decision No. 007, each ARP must provide the Directorate-General for Occupational Hazards at the Ministry of Social Protection with information on the number of enterprises, their affiliated workers; the recommended control and prevention measures; and the number of cases of asbestosis and other diseases whose classification testifies to a causal link with exposure to chrysotile asbestos and other similar fibres. The Committee requests the Government to provide information on the application in practice of the obligation to notify the competent authority of specific types of work involving exposure to asbestos, including information on the notifications received and the types of work notified.

Article 14. Responsibility of producers and suppliers of asbestos, and manufacturers and suppliers of products containing asbestos, for adequate labelling. The Committee notes the Government’s indication that section 6.6.2 of Decision No. 007 lays down the obligation to label the initial packaging and states that all bags must be labelled, with the indication that they contain chrysotile and that their contents may be dangerous under certain conditions. Section 3.9 of the same Decision states that products containing chrysotile must bear a symbol with a caption stating “contains chrysotile – do not create or inhale dust – possible danger to health”. The Committee notes that these paragraphs do not indicate who shall be responsible for the labelling. The Committee requests the Government to indicate whether the aforementioned sections place the obligation on the four categories of persons referred to in this Article of the Convention, namely producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos, and also to indicate the manner in which the application of these sections of Decision No. 007 is ensured in practice.

Article 15(2). Fixing, periodic review and updating of exposure limits or other exposure criteria in the light of technical progress and advances in technological and scientific knowledge. In its previous observation the Committee noted the Government’s indication that for 2011 the threshold limit value (TLV) for chrysotile in workplaces was 0.1 fibres per cubic centimetre of air and asked 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. The Committee notes the Government’s reference in its report to sections 1.24 and 3.1.2 of Decision No. 007. The Government indicates that to ensure that both workers and occupational hazard administrations are aware of permissible limits for asbestos the regulations are being widely disseminated. However, the Committee notes that the abovementioned sections explain the concept of permissible limits and the method of calculation but do not indicate the permitted limit value, which, as stated by the Government in its previous report, is 0.1 fibres per cubic centimetre of air. The Committee urges the Government to indicate the legislative text which establishes the limit value for asbestos in order to ensure that enterprises and workers are aware of this limit value and that it is respected, and requests it to provide information in this respect.

Article 17. Demolition work. Authorization for demolition or removal work to be undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work. Obligation to draw up a workplan and to consult the workers or their representatives. In its previous comments the Committee urged the Government to give effect to this article in law and in practice and to provide information on this subject. It also asked the Government for information on the allegations from the CUT and CTC concerning the use of crocidolite in the construction sector. The Committee notes the Government’s indication that it has no knowledge of the use of crocidolite or of any complaints relating to its use and that the Ministry of Labour has to be informed for the relevant penalties to be imposed. The Government indicates that section 4.5 of Decision No. 007 gives effect to this Article of the Convention. The Committee notes that the aforementioned section contains instructions relating to prevention and protection measures but does not provide that only employers or contractors who are recognized by the competent authority as qualified to carry out such work shall be able to undertake the demolition of plants or structures containing friable asbestos insulation materials and the removal of asbestos from buildings or structures in which asbestos is liable to become airborne. Nor does it lay down the obligation for the employer or contractor to draw up a workplan specifying the measures to be taken before starting demolition work or to consult the workers or their representatives on the aforementioned workplan. The Committee again requests the Government to establish a system of authorization whereby only employers or contractors who are recognized by the competent authority as qualified to carry out the work referred to by this Article of the Convention shall be able to undertake it, and requests it to provide information on this matter. The Committee also requests the Government to adopt measures incorporating the obligation to establish a workplan in accordance with Article 17(2) and to supply information on this matter.

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 2013.]