Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Colombia

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1967)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1976)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations on the application of Conventions Nos 81 and 129 submitted jointly by the Confederation of Workers of Colombia (CTC), the General Confederation of Labour (CGT) and the Single Confederation of Workers of Colombia (CUT), transmitted together with the Government’s reports. The Committee also notes the observations of the National Employers Association of Colombia (ANDI), received on 1 September 2023.

Articles 3(1), 7(3), 9, 13, 14, 20 and 21 of Convention No. 81 and Articles 6(1), 9(3), 11, 18, 19, 26 and 27 of Convention No. 129. Labour inspection functions in the area of occupational safety and health (OSH). Industrial accidents and cases of occupational disease. In relation to its previous comments, the Committee notes the Government’s indication that, in accordance with section 8 of Act No. 1610 of 2013 of the Labour Inspectorate, labour inspectors are empowered to order the closure of a workplace where there are conditions endangering the life, physical integrity and safety of the workers, without requiring the violation to be serious. However, the Committee notes that Decision No. 3029 of 2022 empowers the inspectors to order a prohibition or a stoppage in the event of serious and imminent risk (section 2(10)), while Article13(2)(b) of Convention No. 81 and Article18(2)(b) of Convention No. 129 empower labour inspectors to adopt measures with immediate executory force, in the event of imminent danger to health or safety, without requiring the danger to be serious.

The Committee requests the Government to consider amending Decision No. 3029 of 2022 to ensure that labour inspectors are empowered to adopt measures with immediate executory force, in the event of imminent danger to health or safety, without requiring the danger to be serious, in accordance with Articles 13(2)(b) of Convention No. 81 and 18(2)(b) of Convention No. 129.

With respect to the composition of the internal working groups on occupational risks inspection and their functions, the Government reports that these groups are composed of labour inspectors whose functions are set out in section 2 of Decision No. 3029 of 2022 and encompass inter alia the coordination and realization of inspection activities in application of OSH standards, assistance for workplaces in implementing actions to prevent industrial accidents and occupational disease, and interventions in the economic sectors with the highest rates of occupational accidents and diseases.

With regard to the high rate of accidents in the mining sector, the Committee notes that the Government indicates: (i) the number of occupational accidents and diseases recorded between 2019 and 2022 in the different economic sectors, including the number of deaths of workers; (ii) the number of fatal accidents of workers in the mining sector between 2005 and 2023, and the causes of the accidents, including explosions and contaminated environments inside the mines; and (iii) the number of preventive inspections in mines with the highest rates of accidents, and the provision of training for labour inspectors in the mining sector to strengthen activities to prevent occupational risk.

The Committee also notes that the CUT, the CTC and the CGT allege that during the course of 2022, 23 per cent of labour inspectors were adequately trained in OSH.

The Committee once again requests the Government to provide statistical information on the preventive measures taken by inspectors to: (i) to make or cause to make orders that alterations to the installation, plant, premises, tools, equipment or machines are carried out, within a specified time limit, as may be necessary to ensure compliance with the legal provisions relating to health or safety (alteration orders) (Article 13(2)(a) of Convention No. 81 and Article 18(2)(a) of Convention No. 129); and (ii) to make or cause to make orders requiring measures with immediate executory force, which can go as far as halting the work, in the event of imminent danger to the health or safety of workers (Article 13(2)(b) of Convention No. 81 and Article 18(2)(b) of Convention No. 129).

The Committee also requests the Government to provide information on the measures taken to continue providing OSH training to labour inspectors, as well as on the number of OSH inspections carried out in the mining sector and the results of such inspections.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors. Frequency of inspections. In response to its previous comments, the Committee notes the information provided by the Government on the number of labour inspector posts (1,259) and the number of inspectors effectively assigned to a post, which rose by 335 inspectors between 2021 and 2022 (1,151 inspectors in 2022 compared to 816 inspectors in 2021) and their geographic distribution (144 inspectors fall under the Bogota D.C. regional directorate and the remainder under other regional directorates) and the number of vacant labour inspector posts (108). The Committee also notes that the number of labour inspections, including in the agricultural sector, rose from 7,194 in 2018 to 14,688 in 2022.

The Committee notes that the CUT, the CTC and the CGT allege that the number of labour inspectors has not been increased, which makes it difficult to conduct inspections and monitor compliance with labour standards.

While welcoming the increase in the number of inspectors and of inspections carried out, the Committee expects that the Government will continue to take appropriate measures to ensure that the number of labour inspectors is sufficient to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions.

Articles 17 and 18 of Convention No. 81 and Articles 22 and 24 of Convention No. 129. Discretion to give a warning or advice. Imposition of penalties. Discretionary powers of labour inspectors to give a warning or advice, instead of initiating legal proceedings. With reference to its previous comments, the Committee notes with interest the Government’s indication that Decision No. 772 of 2021, which establishes guidelines for the exercise of the preventive function in the form of prior notice, was derogated by Decision No. 4798 of 29 of November 2022.

Suspension or termination of administrative penalty proceedings. With reference to its previous comments, the Committee notes with interest the Government’s information that, in accordance with section 372 of Act No. 2294 of 2023, section 200 of Act No. 1955 of 2019 was repealed. This section empowered the Ministry of Labour to suspend or terminate administrative penalty proceedings for violation of labour standards, other than those relating to labour formalization. The Government also indicates that the power of the Ministry of Labour set out in section 200 above is not applied in practice.

With regard to the allegations of the CUT, the CTC and the CGT indicating that: (i) according to the 2022 quarterly inspection bulletins of the Ministry of Labour, 573 agreements were signed between the Ministry of Labour and several employers for the suspension and termination of administrative proceedings under section 200 of Act No. 1955 of 2019; and (ii) despite the repeal of section 200 above, the Ministry of Labour continues to generate such agreements under Decree No. 1368 of 2022, which regulates the operation of the agreements that were provided for in the repealed standard, the Committee requests the Government to provide its comments.

The Committee is raising other matters in a request addressed directly to the Government.