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

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

The Committee notes the Government’s detailed report of 31 August 2013 and the joint communication of 29 August 2013 of the Single Confederation of Workers (CUT) and the Confederation of Workers of Colombia (CTC), forwarded to the Government on 16 September 2013. The communication of the CUT and the CTC contains detailed comments on the Government’s report. The salient points of their comments are that the report brings to light a lack of clarity in the Government’s understanding of the concept of major industrial accidents, as it sometimes provides information on industrial accidents, and on other occasions it refers to disasters of various kinds. In their view, such ambiguity is alarming and has repercussions in terms of failure to apply the Convention. They give detailed allegations of non-compliance with Articles 4, 5, 6, 8, 9, 12, 13, 14, 15, 18, 19, 20 and 21 of the Convention. The Committee requests the Government to make any comments it deems fit so that they can be examined together with the communication from the CUT and the CTC.

Article 4 of the Convention. Formulation, adoption, implementation and review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the information in the Government’s report that the formulation, adaptation and review of occupational risk policies as they concern national circumstances and practice regarding the prevention of major accidents are carried out by the National Committee and sectional occupational health committees, the National Council on Occupational Hazards and the national occupational health committees. The Government also indicates that the Ministry of Labour implements activities, programmes and policies for the prevention of major accidents, in accordance with sections 9, 10 and 11 of Act No. 1562 of 2012. The Committee notes that section 9 provides that the occupational risk management bodies and the Ministry of Labour shall supervise high-risk enterprises as a matter of priority or through suitable third parties, in particular with regard to the implementation of the Occupational Health Programme, occupational risk monitoring systems and the special promotion and prevention measures; and that section 10 refers to micro and small enterprises and section 11 to occupational risk protection and promotion services. The Committee observes, however, that the information supplied by the Government is not relevant to the content of this Article of the Convention. As the Committee has pointed out before, one of the main objectives of the Convention is to ensure that governments take the requisite measures to prevent major industrial accidents so that their effects can be minimized in so far as is reasonably possible. The focus of this Convention is not only on the management of accidents in such installations, nor on environmental law, but on the management of major industrial accidents to which not only workers, but also the environment and the public are exposed. Although national policy issues are closely related to the matters covered by the national occupational safety and health policy, the national policy issues that are specific to this Convention differ in terms of their objective and focus. Neither labour legislation, nor environmental legislation, is sufficient to give effect to the present Convention. Indeed, as indicated in paragraph 1 of Article 4, the policy has to be a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents, and consultations have to be held with the representatives of employers and workers, and also with other interested parties that may be affected. The Committee requests the Government to indicate the most representative organizations of employers and workers consulted and to specify the other parties concerned who may be affected and who must therefore be consulted in accordance with this Article of the Convention. It would also be grateful if the Government would provide information on the content of its national policy specifically concerning the risk of major accidents for the protection of workers, the public and the environment.

Article 5. System for the identification of major hazard installations, as defined in Article 3(c) of the Convention. The Committee notes the Government’s indication that major hazard installations are identified in occupational health programmes or occupational safety and health management systems, and, as part of state policy, the Ministries of Health and Social Welfare, the Interior, and Justice, and municipalities, town planners, fire brigades and law enforcement authorities keep registers of hazardous installations and substances. The Government adds that those responsible for determining whether work centres are high risk are first and foremost the employers, followed by the health and works authorities and the Ministry of Labour, which keep registers. The Committee notes that it is not clear from this information that a system for the identification of major hazard installations or a competent authority exists within the meaning of this Article of the Convention. The Committee reminds the Government that Article 5 of the Convention provides that the competent authority or a body approved or recognized by the competent authority shall, after consulting the most representative organizations of employers and workers and other interested parties who may be affected, establish a system for the identification of major hazard installations as defined in Article 3(c), and it requests the Government to take the necessary measures to give full effect to this Article and to provide detailed information on these matters, including on consultations, the competent authority and the system of identification referred to in this Article of the Convention.

Articles 10, 11 and 12. Safety report. Review, updating and amending the safety report. Transmission to the competent authority. The Committee notes that, according to the Government, enterprises have occupational preventive medicine programmes and industrial safety and health programmes and that the subprogrammes establish that enterprises must have a complete overview of risk factors for the purposes of prevention and information. Furthermore, employers are required to make available the occupational health programme, signed by the employer and the official responsible. The Committee points out that not all documents concerning occupational safety and health conditions constitute a safety report within the meaning of Article 10 of the Convention, and notes that it is not clear from the information sent by the Government that a safety report is produced. In so far as there is no evidence that such a report exists, effect cannot be given to Articles 11 (updating) and 12 (transmission) of the Convention. The Committee observes that the safety report referred to in these Articles of the Convention is a specific document to be prepared by employers in accordance with the provisions of Article 9 of the Convention, and requests the Government to take the necessary steps to give effect to this Article of the Convention and to provide information on this point.

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