Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

White Lead (Painting) Convention, 1921 (No. 13) - Colombia (Ratification: 1933)

The Committee notes the observations of the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), both received on 2 September 2015.

Legislation. The Committee notes the Government’s indication in its report that the Ministry of Labour is preparing a draft standard to regulate the minimum preventive activities in enterprises that process, handle or work with toxic or carcinogenic substances or with agents causing the illnesses included in the schedule of occupational diseases. The Government indicates that this draft refers to chemicals, including lead and its toxic agents. The Committee requests the Government to provide a copy of the standard when it has been adopted, and to indicate how it gives effect to the provisions of the Convention.

Article 1 of the Convention. Prohibition on the use of white lead, sulphate of lead and all other products containing these pigments in the internal painting of buildings. In its previous comments, the Committee requested the Government to indicate the manner in which effect is given in law and practice to the prohibition set forth in Article 1 of the Convention. While noting the list provided by the Government of regulatory provisions governing the use of chemicals, the Committee observes that these provisions do not give effect to the prohibition set forth in Article 1. The Committee notes the CGT’s observation that the only direct prohibition of white lead that exists is section 242(2) of Legislative Decree No. 2663, of 5 August 1950, issuing the Substantive Labour Code. According to the CGT, this provision protects only pregnant women and minors, and fails to cover a large number of workers who may be affected by accidents involving this chemical. The Committee also notes the Government’s indications that the Ministries of Environment and Development, Trade, Industry and Tourism, Labour, Health and Social Protection, at the initiative of the United Nations Industrial Development Organization (UNIDO) and the Centre for Cleaner Production, are in the process of presenting a project to the Global Environment Fund for the “Elimination of lead in painting in the Andean free-trade region”. The Committee requests the Government to provide information on the national legislation giving effect to the prohibition set forth in Article 1. The Committee also requests the Government to provide information on the project for the “Elimination of lead in painting in the Andean free-trade region” in relation to the effective application of this Article.

Article 5(I) and (II). Requirement to regulate the use of white lead, sulphate of lead and any other product containing these pigments in operations for which their use is not prohibited, in accordance with the principles set forth in these paragraphs. In its previous comments, the Committee requested the Government to provide information on the special regulations on white lead, sulphate of lead and other products containing these pigments. While noting the regulatory provisions indicated by the Government, the Committee observes that they do not include regulations on the use of white lead, sulphate of lead or any other product containing these pigments which give effect to the provisions of Article 5(I) and (II). In its previous comments, the Committee also noted that the Confederation of Workers of Colombia (CTC) and the CUT indicated that the majority of workers engaged in painting work of an industrial character are in the informal economy or work in small enterprises or workshops which are not subject to any legal controls. In this respect, the Government refers to Act No. 1562 of 11 July 2012 to extend the occupational risks system to self employed workers with formal service provision contracts and indicates that section 10 of the Act strengthens occupational risk prevention in the country’s micro- and small enterprises. The Committee requests the Government to provide information on the legislative measures regulating the use of white lead, sulphate of lead and any other product containing these pigments in operations for which their use is not prohibited, in accordance with Article 5(I) and (II).

Article 5(III) and (IV). Notification of cases of lead poisoning and of suspected lead poisoning. Medical examination. Instructions. With reference to its previous comments on the manner in which effect is given in law and practice to this Article of the Convention, the Committee notes Resolution No. 2346 of 11 July 2007 regulating the performance of occupational medical examinations and the management and content of occupational clinical records, which requires employers to conduct pre-occupational, periodic and post occupational medical examinations. The Government indicates that, in the case of an enterprise that uses white lead, the employer must establish, within its epidemiological surveillance programmes, the medical supervision which corresponds to the danger to which the workers are exposed. The Committee also notes the standards cited by the Government as instructions for the prevention and promotion of occupational safety and health (OSH) for painters. It also notes the publication by the Ministry of Environment and Sustainable Development of the “Guides for safe handling and environmental management of 25 chemicals”, which include lead monoxide.

Article 6. Adoption of measures that give effect to the regulations prescribed in the previous Articles, after consultation with the employers’ and workers’ organizations concerned. With reference to its previous comments on the absence of consultation alleged by the CUT and the CTC, the Committee notes the Government’s indication that all proposed standards relating to OSH are submitted for consideration by all the parties through the Ministry of Labour’s web page. The Committee also notes that, according to the Government, all policies relating to OSH are adopted in the National Council on Occupational Risks, which includes representatives of employers and workers.

Article 7. Statistics. While noting the statistical data provided by the Government, the Committee notes that it does not specify, in reply to the Committee’s request in its previous comments, how many cases of occupational diseases diagnosed in enterprises in the painting sector were cases of lead poisoning. The Committee requests the Government to provide statistics on lead poisoning in relation to the morbidity and mortality of working painters.

Practical application. The Committee notes the observations of the CUT, indicating that the Ministry of Labour does not have the human, financial or technical resources to enforce compliance with the limits imposed with respect to the use of white lead, sulphate of lead or other products containing these pigments in the national industry or in imported paints. The CUT also refers to a lack of inspectors to monitor the application of the Convention, particularly in relation to Articles 1, 2, 3, 5, 6, 7 and 8, and indicates that, although regulations are in place, the Government does not have sufficient resources to ensure compliance with the international obligations it has accepted and the measures adopted. The Committee reminds the Government that it can avail itself of the technical assistance of the Office in this regard. The Committee requests the Government to provide its comments with respect to the observations made by the CUT.