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

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

The Committee refers the Government to its observation and asks it to send further information on the following matters.

Further to its previous comments, the Committee notes the information on the effect given to Articles 5(2), 16, 18(3), 20(2) and 22 of the Convention. The Committee asks the Government to provide further information on the application of these Articles of the Convention in practice.

Definition of material containing chrysotile. In relation to 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, which will enter into force in May 2013, the Committee notes that paragraph 1.11 of Decision No. 007 states that “material containing chrysotile refers to any material that contains more than 1 per cent (1%) of chrysotile with respect to its total mass. Products with less than 1 per cent (1%) of chrysotile fibre are considered free of chrysotile”. The Committee asks the Government to provide detailed information on the reasons for such a percentage and its impact on the application of this Convention.

Article 6(2). Requirement for cooperation whenever two or more employers undertake activities simultaneously at one workplace. The Committee notes that the Government provides information similar to that sent in its previous report, on the duty incumbent on employers to provide information and take preventive measures, and on the functions of the Occupational Medicine, Health and Safety Committees. It points out, however, that according to this Article of the Convention; “[w]henever two or more employers undertake activities simultaneously at one workplace, they shall cooperate in order to comply with the prescribed measures, without prejudice to the responsibility of each employer for the health and safety of the workers he employs. The competent authority shall prescribe the general procedures of this cooperation when it is necessary.” In other words, according to this Article the authority must regulate the requirement for employers to cooperate and, in addition, where appropriate the competent authority must establish procedures for such cooperation. The Committee requests the Government to ensure that its legislation gives effect to this Article of the Convention, and to provide detailed information in this regard.

Article 20(1). The employer shall measure the concentrations of airborne asbestos dust in workplaces and shall monitor the exposure of workers to asbestos at intervals and using methods specified by the competent authority. The Committee requests the Government to provide information on the effect given to this Article of the Convention.

Article 20(3). Access for the workers concerned, their representatives and the inspection services to the records of the monitoring of the working environment and of the exposure of workers to asbestos. The Committee notes that according to the Government’s report, the measurement records must remain available for consultation by the workers’ representatives in the Joint Occupational Health Committee or the occupational supervisor, by the occupational risk administrator and the Ministry for Social Protection or whoever acts on its behalf, from which the Committee infers that labour inspectors are included. The Committee points out that according to this Article of the Convention, the workers concerned should likewise have access to the records. It asks the Government to adopt measures to secure such access for the workers concerned and to provide information on the matter.

Article 20(4). Right of workers or their representatives to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee requests the Government to provide information on the effect given to this Article of the Convention.

Part V of the report form. Application in practice. Further to its previous comments, the Committee notes that Resolution No. 007 will not take effect until May 2013, and therefore that inspectors will be able to impose penalties for breach of the Resolution only from that date. The Committee requests the Government to provide information on the number of workers covered, the number and type of infringements detected, and the number of occupational diseases notified as asbestos-incurred diseases, etc.