Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Colombia (Ratification: 1997)

With reference to its observation, the Committee requests the Government to provide information on the following additional points.

Article 6 of the Convention. Special provision to protect confidential information transmitted or made available in accordance with Articles 8, 12, 13 or 14, so long as this provision does not lead to serious risk to the workers, the public or the environment. The Committee notes that the Government refers to the protection of information on workers’ health. However, the information referred to in this Article is that specified in Articles 8 (Existence and closure of any major hazard installation), 12 (Safety reports), 13 and 14 (Notification and detailed report of a major accident, including its causes and consequences). Please provide information on the protection measures referred to in this Article read in conjunction with Articles 8, 12, 13 or 14 of the Convention, including information on the competent authority and the consultations held with the representative employers’ and workers’ organizations concerned.

Article 8. Notification of the existence and closure of any major hazard installation. The Committee notes that the Government refers to Act No. 1450 of 2011, section 218 of which regulates the national inventory of disaster-prone settlements. Please indicate whether the content of “disaster-prone settlements” covers the definition of “major hazard installation” set out in Article 3(1)(c) of the Convention. Please also provide information on notification as referred to in Article 8 of the Convention.

Article 9. Documented system of major hazard prevention. The Committee notes that the Government supplies information on the minimum health measures to be taken by work centres, the establishment of an occupational health programme and an occupational health programme for all enterprises. The Committee points out, however, that this Article requires a system with very specific measures, which are set forth in subparagraphs (a)–(g). The Committee requests the Government to provide detailed information on the effect given to each subparagraph of this Article in respect of major hazard installations.

Articles 13 and 14. Notification and detailed report on major accidents, including causes and consequences. The Committee notes that the information send by the Government refers to the notification of occupational accidents. The Committee points out that these Articles of the Convention refer to major industrial accidents as defined in Article 3(1)(d) of the Convention. Please take the necessary measures to give effect to these articles of the Convention and to provide information in this regard.

Article 17. Comprehensive sitting policy for major hazard installations. The Committee notes that, according to the Government, as regards workplaces, responsibility for the appropriate separation of major hazard installations from working areas lies with the Ministry of Labour. As regards the siting of major hazard installations in relation to residential areas and public facilities, the Government indicates that the State deals with these matters through the National System for Disaster Prevention and Assistance. The Committee notes that the Government refers to a series of preventive functions pertaining to the Disaster Prevention and Assistance Directorate, and gives the titles of numerous laws which do not appear to be fully relevant to this Article of the Convention. The Committee requests the Government to specify the provisions of the laws that implement the comprehensive siting policy arranging for the separation of proposed major hazard installations from working and residential areas and public facilities, which draws on Part II of the Convention (periodic review of the policy by the competent authority after consultation with the most representative organizations of employers and workers and with other interested parties who may be affected).

Article 20. Rights of workers and their representatives. The Committee notes that the Government supplies information on the rights of workers in general rather than those specific to major accidents. Furthermore, since, as the Committee observed in its comments on Articles 10, 11 and 12, the information supplied by the Government is not clear as to the existence of safety reports, and workers are therefore unable to exercise their rights in respect of such reports as subparagraph (c) of Article 20 of the Convention requires. The Committee requests the Government to take the necessary measures to give effect to this Article 20 of the Convention and to provide information on them for each paragraph.