Through Which The "convention Number 167 And Recommendation No. 175 On Safety And Health In Construction", Adopted By The 75Th. Meeting Of The General Conference Of The Ilo, Geneva, 1988

Original Language Title: Por medio de la cual se el "Convenio número 167 y la recomendación número 175 sobre Seguridad y Salud en la Construcción", adoptados por la 75a. Reunión de la Conferencia General de la OIT, Ginebra, 1988

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LAW 52 OF 1993
(June 9)
Official Gazette No. 40914 of 11 June 1993.
Through which the "Convention No. 167 and Recommendation No. 175 on approving safety and Health in Construction "; adopted by the 75th. Meeting of the General Conference of the ILO, Geneva, 1988 Summary

Term Notes
THE CONGRESS OF COLOMBIA
having regard to the texts of the "Convention No. 167 and Recommendation No. 175 on Safety and Health in Construction", adopted by the 75th. Meeting of the General Conference of the ILO, Geneva, 1988, which literally say:
(To be transcribed: enclosed photocopies of the full texts of these international instruments, duly authenticated by the Undersecretariat 044 Grade 11 of the Undersecretariat legal Ministry of Foreign Affairs).
"
CONVENTION Convention 167 on Safety and Health in Construction
The General Conference of the International Labour Organization.
Convened at Geneva by the Governing Body of the International Labour Office and having met in that city on June 1, 1988 at its seventy-fifth session.
Recalling international conventions and recommendations of relevant work and in particular the Convention and Recommendation on safety provisions (building), 1937, the Recommendation collaboration for accident prevention (building), 1937, the Convention and Recommendation on radiation protection, 1960, the Convention and Recommendation on the protection of machinery, 1963, the Convention and Recommendation maximum weight, 1967 , the Convention and Recommendation on professional, cancer 1974, the Convention and Recommen-dation on the working environment (air pollution, noise and vibration), 1977; the Convention and Recommendation on Safety and Health, 1981; the Convention and Recommendation on Health Services, 1985; the Convention and Recommendation asbestos, 1986, and the list of occupational diseases, as amended in 1980, annexed to the Convention on benefits in case of accidents, 1964;
Having decided upon the adoption of certain proposals concerning safety and health in construction, which is the fourth item on the agenda of the meeting, and
Having determined that these proposals shall take the form of a international Convention revising the Convention on the safety provisions (building) Convention, 1937.
adopts this twentieth day of June in 1988, this Convention, which may be cited as the Occupational safety and health construction, 1988:
I. SCOPE AND DEFINITIONS.
ARTICLE 1o.
1. This Convention applies to all construction activities, namely building work, public works and the works of assembly and disassembly, including any process, operation or transportation in the works since the preparation of the works until the end of the project.
2. Each Member which ratifies this Convention may, after consultation with the most representative organizations of employers and workers concerned, if any, exclude from the application of the Convention or some of its provisions branches of economic activity or companies for which special problems of a substantial nature, provided guarantee them an environment safe and healthy work arise.
3. This Convention workers also applies self-employed may designate national legislation.
Article 2.
. FOR THE PURPOSES OF THIS CONVENTION.
A) The term "construction" covers:
i) building, including excavation and the construction, structural alteration, renovation, repair, maintenance (including cleaning and painting) and demolition of all types of buildings and structures;
Ii) public works, including excavation and the construction, structural alteration, repair, maintenance and demolition of, for example, airports, docks, harbors, canals, reservoirs, protection works of river water and sea and avalanches, roads and highways, railways, bridges, tunnels, viaducts and works related to the provision of services such as communications, drainage, sewerage, water and energy supply;
Iii) The assembly and disassembly of buildings or structures based on prefabricated elements, and the manufacture of these elements in the works or nearby;

B) The term "works" means any site at which any of the processes or operations described in a) above are carried out;
C) The term "workplace" means all places where workers need to be those who have to go because of their work and which are under the control of an employer within the meaning of paragraph and);
D) The "worker" means any person engaged in construction;
E) The term "employer" means:
i) Any natural or legal person who employs one or more workers on a construction site, and
ii) Where appropriate, the principal contractor, the contractor or subcontractor;
F) The term "competent person" means a person possessing adequate qualifications, such as suitable training and knowledge, experience and sufficient skills to perform specific functions in safety. The competent authorities may define appropriate criteria for the designation of such persons and determine the duties to be assigned to them;
G) The term "scaffold" means any temporary structure, fixed, suspended or mobile, and components that support them, to serve as supporting workers and materials or to gain access to that structure, excluding appliances elevators defined in paragraph h);
H) The term "lifting device" means all apparatus, fixed or mobile appliance used for raising or lowering persons or loads;
I) The term "lifting gear" means any gear or even by means of which a load can be attached to a lifting appliance but which is not an integral part of the appliance or load.
II. GENERAL DISPOSITION.

ARTICLE 3. You should consult the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of this Convention.

ARTICLE 4. Each Member which ratifies this Convention undertakes, based on an assessment of the risks that exist for safety and health, to adopt and maintain in force legislation to ensure the implementation of the provisions of the Convention.

The 5th ITEM.
1. The legislation adopted in accordance with article 4. of this Convention may provide for their practical application through technical standards or codes of practice or other appropriate methods consistent with national conditions and practice recommendations.
2. In giving effect to the 4th article. the Convention and paragraph 1 of this Article, each member shall take due account of the relevant standards adopted by recognized international organizations in the field of standardization.

ARTICLE 6o. Steps must be taken to ensure cooperation between employers and workers in accordance with the modalities defined by national legislation to promote safety and health at construction sites.

ARTICLE 7. The national legislation should provide that employers and self-employed workers have to comply in the workplace measures prescribed safety and health.

Article 8.
1. When two or more employers undertake activities simultaneously at one construction site:
a) The coordination of the measures prescribed safety and health, and to the extent that it is compatible with national law, responsibility for ensuring effective implementation of such measures be undertaken by a prime contractor or other person or body with actual control over or primary responsibility for all activitie ades in the work;
B) When the main contractor or the person or body with actual control over or primary responsibility for the work, is not present in the workplace, should, as far as is compatible with national legislation , attributed to a person or a competent body at the site with the authority and means necessary to ensure on his behalf co-ordination and implementation of the measures provided for in paragraph a);
C) Each employer shall be responsible for the implementation of required workers under his authority.
2. When employers or self-employed persons undertake activities simultaneously at one construction will be obliged to cooperate in the implementation of the measures prescribed safety and health determined by national law.

Article 9. Those responsible for the design and planning of a construction project should take into account the safety and health of construction workers in accordance with national law and practice.


ARTICLE 10. National legislation should provide that in any workplace workers have the right and duty to participate in ensuring safe working conditions to the extent that control equipment and working methods, and to express their views on the working methods adopted as they may affect safety and health.

ARTICLE 11. National legislation should stipulate that workers will be required to:
a) To cooperate as closely as possible with their employers in the implementation of the measures prescribed safety and health;
B) reasonably ensure their own safety and health and that of others who may be affected by their acts or omissions at work;
C) Use the means at their disposal and not improperly use any device that has been provided for their own protection or that of others;
D) promptly inform their immediate supervisor and safety representative of the workers, if any, of any situation which in his opinion could present a risk and which they can not properly deal with themselves;
E) Comply with the prescribed measures for safety and health.
ARTICLE 12.

1. National legislation should provide that a worker has the right to remove themselves from danger when he has reasonable grounds to believe that this situation presents an imminent and serious risk to their safety and health, and the obligation to inform without delay his superior.
2. When there is an imminent risk to the safety of workers, the employer shall take immediate steps to stop the operation and, if necessary, proceed to the evacuation of workers.
III. PREVENTION AND PROTECTION

ARTICLE 13. SAFETY IN THE WORKPLACE.
1. all appropriate measures to ensure that all workplaces are safe and without risk to the safety and health of workers precautions should be taken.
2. should be provided and maintained in good condition and indicated where necessary, safe means of access and egress from all workplaces.
3. all appropriate measures to protect persons who are in a work or nearby, all risks that may arise from the same precautions should be taken.
ARTICLE 14.
SCAFFOLDING AND LADDERS.
1. Where work can not safely be done from the ground or from the ground or part of a building or other permanent structure, shall be provided and maintained in good safe and suitable scaffold or the use of other equally safe means and suitable.
2. In the absence of other safe means of access to jobs in high spots, stairs should be provided adequate hand and good quality. These shall be property secured against inadvertent movement.
3. All scaffolds and ladders shall be constructed and used in accordance with national legislation.
4. Scaffolds shall be inspected by a competent person in cases and at times prescribed by national legislation.

ARTICLE 15. LIFTING AND ACCESSORIES LIFTING.
1. Every lifting appliance and every item of lifting gear, including their constituent elements, attachments, anchorages and supports, shall:
a) Be of good design and construction, be made of materials of good quality and adequate strength for use they are intended;
B) correctly installed and used;
C) maintained in good working order;
D) be examined and tested by a competent person at such times and in cases prescribed by national legislation; the results of examinations and tests shall be recorded;
E) they are operated by workers who have received appropriate training in accordance with national legislation.
2. They shall be raised, lowered or carried by a lifting appliance unless it has been built and installed for this purpose in accordance with national, unless legislation in case of an emergency situation where you have to avoid a risk of serious injury or fatal accident, when the lifting appliance can be safely used.

ARTICLE 16. TRANSPORT VEHICLES AND EQUIPMENT earthwork and material handling.
1. All vehicles and all earthmoving machinery and materials handling should:
a) Be of good design and construction, taking into account, as far as possible, the principles of ergonomics;

B) To keep in good condition;
C) be properly used;
D) be operated by workers who have received appropriate training in accordance with national legislation;
2. In all the works in which vehicles and earthmoving machinery or materials handling used;
A) shall be provided safe means of access and appropriate for them;
B) should be organized and controlled traffic so that their use is guaranteed safely.

ARTICLE 17 FACILITIES, MACHINES, EQUIPMENT AND TOOLS.
1. Plant, machinery and equipment, including hand tools, whether or not power driven, shall:
a) Be of good design and construction taking into account as far as possible, of the principles of ergonomics;
B) To keep in good condition;
C) Be used only for work for which they have been designed unless a use for other purposes than originally planned have been subject to a full assessment by a competent person who has concluded that such use is safe;
D) be operated by workers who have received appropriate training.
2. In appropriate cases, the manufacturer or the employer will provide adequate instructions for safe use in an intelligible form for users.
3. The facilities and pressure equipment must be examined and tested by a competent person in cases and at times prescribed by national legislation.

ARTICLE 18 WORK AT HEIGHTS INCLUDING THE ROOFS.
1. Whenever it is necessary to prevent a risk or where the height of the structure or its slope exceeds that prescribed by national legislation, preventive measures should be taken to prevent the fall of workers and tools or other objects or materials.
2. When workers have to work on or near roofs or other places covered with fragile material, through which can fall, preventive measures must be taken to avoid inadvertently walk on the fragile material or may fall through it.

ARTICLE 19. Excavations, wells, earthworks, underground works and tunnels. In excavations, pits, earthworks, underground works or tunnels proper precautions should be taken:
a) by suitable shoring or other means to prevent workers the risk of a fall or dislodgement of earth, rock or other materials;
B) To prevent fall hazards of people, materials or objects or the inrush of water into the excavation, shaft, earthworks, underground works or tunnel;
C) To ensure adequate ventilation at all workplaces in order to maintain a fit for breathing and atmosphere keep fumes, gases, vapors, dust or other impurities to levels which are not dangerous or harmful to health and are within the limits set by national legislation.
D) to enable workers to reach safety in the event of fire or an inrush of water or material;
E) To avoid risk to workers arising from possible underground dangers such as the circulation of fluids or the presence of pockets of gas, by undertaking appropriate in order to locate research.
ARTICLE 20.
cofferdams and CAISSONS.
1. Cofferdams and caissons must:
a) Be of good construction, be made of suitable and sound material and of adequate strength;
B) be provided with means to enable workers to reach safety in the event of an inrush of water or material.
2. The construction, positioning, modification or dismantling of a cofferdam or caisson must take place only under the direct supervision of a competent person.
3. All cofferdams and caissons will be examined by a competent person at prescribed intervals.

ARTICLE 21. WORK IN AIR.
1. Work in compressed air shall be carried only under conditions prescribed by national legislation.
2. Work in compressed air shall be carried only by workers whose physical fitness has been established by a medical examination, and in the presence of a competent person to oversee the development of operations.
ARTICLE 22.
FRAMES AND FORMWORK.
1. The erection of structural frames and its elements of formwork, falsework and shoring should be done only under the supervision of a competent person.

2. They shall be adequate to protect workers from the risks associated with the fragility or temporary inestabi-lity of a structure.
3. Formwork, falsework and shoring shall be so designed, constructed and maintained that it will safely support all loads that may be subjected.

ARTICLE 23. WORKERS OVER AN AREA OF WATER. Where work is done over or immediate aproximidad of a water surface, they should be adequate provision:
a) prevent workers from falling into water;
B) the rescue of workers in danger of drowning;
C) Provide safe and adequate means of transport.

ARTICLE 24. DEMOLITION WORK. When the demolition or structure might present danger to workers or to the public:
a) precautions should be taken and appropriate methods and procedures including those for the disposal of waste or residues, in accordance with national law be adopted;
B) The work must be planned and undertaken only under the supervision of a competent person.

ARTICLE 25. LIGHTING. In all workplaces and elsewhere of the work for which he may have to pass a worker must be a sufficient and appropriate, including lighting, where applicable, portable lamps.

ARTICLE 26. ELECTRICITY.
1. All electrical equipment and installations shall be constructed, installed and maintained by a competent person, and so used as to guard against danger.
2. Before starting construction during their implementation should take appropriate measures to ensure the existence of any cables or electrical apparatus under tension in the works or above or below them and prevent any risk that their existence could entail for workers.
3. The laying and maintenance of cables and electrical appliances in the works must comply with technical standards and rules applied at the national level.

ARTICLE 27. EXPLOSIVES. Explosives shall not be stored, transported, handled or used
a) Under the conditions prescribed by national legislation;
B) By a competent person, who shall take the necessary measures to avoid any risk of injury to workers and others.

ARTICLE 28. HEALTH HAZARDS.
1. When a worker can be exposed to any chemical, physical or biological hazard to such a degree that may be dangerous to your health should be appropriate exposure prevention measures.

2. Exposure referred to in paragraph 1 of this Article shall be prevented:
a) replacing hazardous substances by harmless or less hazardous substances wherever this is possible, or
b) technical measures applied to the installation, the machinery, equipment or processes, or
c) Where it is not possible to apply paragraphs a) or b) above, other effective measures, in particular the use of clothes and personal protective equipment.
3. When workers are required to enter an area where there may be a toxic or harmful substance or whose atmosphere may be oxygen deficient or flammable, appropriate measures must be taken to prevent any risk.
4. They must be destroyed or otherwise disposed of as waste material in the works, if it can be harmful to health.

ARTICLE 29. FIRE PRECAUTIONS.
1. The employer shall take all appropriate measures:
a) avoid the risk of fire;
B) combat quickly and efficiently any outbreak of fire;
C) To ensure rapid and safe evacuation of people.
2. adequate means must be provided and appropriate for storing liquids, solids and gases.

ARTICLE 30. CLOTHING AND PERSONAL PROTECTIVE EQUIPMENT.
1. When not warranted by other means adequate protection against risk of accident or injury to health, including those resulting from exposure to adverse conditions, the employer shall provide and maintain at no cost to workers, clothing and personal protective equipment suitable the types of work and risks, in accordance with national legislation.
2. The employer must provide workers with adequate means to enable the use of personal protective equipment and ensure correct use of them.
3. Clothing and personal protective equipment shall comply with the standards set by the competent authority, taking into account as far as possible, of the principles of ergonomics.

4. Workers are obliged to use and care adequately clothing and personal protective equipment to be supplied.

ARTICLE 31. FIRST AID. The employer is responsible for ensuring at all times the availability of adequate resources and staff properly trained to give first aid. They should take the necessary measures to ensure the evacuation of injured workers in case of accidents or sudden illness to dispensarles necessary medical care.

ARTICLE 32 WELFARE.
1. In every work or a reasonable distance from it, there should be a sufficient supply of potable water.
2. In every work or a reasonable distance from it, and depending on the number of workers and hours of work shall be provided and maintained the following services:
a) sanitary and washing facilities;
B) facilities for changing clothes and for the storage and drying;
C) premises for eating and for taking shelter during interruption of work due to adverse weather.
3. sanitation and washing facilities should be provided separately for male and female workers.

ARTICLE 33. INFORMATION AND TRAINING. It should be provided to workers adequately and appropriately:
a) Information on the risks to safety and health which they may be exposed in the workplace;
B) Instruction and training available means to prevent and control such risks and to protect themselves.

ARTICLE 34 STATEMENT OF ACCIDENTS AND DISEASES. National legislation should provide that accidents and occupational diseases to the competent authority within a deadline.
IV. APPLICATION

ARTICLE 35. Each member shall:
a) Take the necessary measures, including the establishment of appropriate penalties and to ensure the effective implementation of the provisions of this Convention corrective measures;
B) organize appropriate inspection services to supervise the implementation of the measures adopted in accordance with the Convention and provide these services with the necessary means to perform their task or satisfy itself that are carried out proper inspections.
V. FINAL PROVISIONS

Article 36 This Convention revises the Convention on the Safety Provisions (Building) Convention, 1937.

Article 37. The formal ratifications of this Convention shall be communicated for registration, the Director General of the International Labour Office.
ARTICLE 38.

1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the CEO.
2. It shall enter into force twelve months after the date on which the ratifications of two Members have been registered by the CEO.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
ARTICLE 39.

1. Each Member which has ratified this Convention may denounce it after the expiration of a period of ten years from the date on which the Convention first comes into force, by an act communicated for registration, the Director General of the International Labour Office . Such denunciation shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which, within one year after the expiration of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period ten years, and thereafter, may denounce this Convention at the expiration of each period of ten years under the conditions laid down in this article.
ARTICLE 40.

1. The Director General of the International Labour Office shall notify all Members of the International Labour Organization the registration of all ratifications and denunciations communicated by the Members of the Organization.
2. When notifying the Members of the Organisation of the registration of the second ratification that has been communicated, the Director General shall draw the attention of the Members of the Organisation to the date on which comes into force this Convention.


ARTICLE 41. The Director General of the International Labour Office shall inform the Secretary General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered in accordance with the preceding articles.

ARTICLE 42. Whenever necessary the Governing Body of the International Labour Office shall submit to the Conference a report on the implementation of the Convention and shall examine the desirability of placing on the agenda of the Conference the question of Total or partial revision.
ARTICLE 43.

1. Should the Conference adopt a new Convention entailing a total or partial revision of this, and unless the new Convention otherwise provides:
a) The ratification by a Member of the new revising Convention will involve " ipso jure "immediate denunciation of this Convention, notwithstanding the provisions of Article 34, provided that the new revising Convention has entered into force;
B) From the date of entry into force of the new revising Convention, this Convention shall cease to be open to ratification by the Members.
2. This Agreement shall continue in force in any case, in its actual form and content for those Members which have ratified and not ratified the revising Convention.

ARTICLE 44. The English and French versions of the text of this Convention are equally authoritative "
The undersigned Secretary 044 Grade 11 of the Legal Secretariat of the Ministry of Foreign Affairs DECLARES
..
That this reproduction is faithful and complete the certificate text of the "167th Convention on Safety and Health in Construction, adopted by the 75th photocopy. General Conference of the ILO in June 1988, "which is on file in the Legal Secretariat of the Ministry of Foreign Affairs.
Given in Bogota, DC, on the twenty (22) days of
November in 1991 (1991).
Legal Undersecretary, AGNES CLARA
VARGAS DE LOSADA.
"INTERNATIONAL LABOUR CONFERENCE Recommendation 175.

Recommendation safety and health construction.
The General Conference of the International Labour Organisation
convened at Geneva by the Governing Body of the International Labour Office, and having met in its 1o. June 1988 at its seventy-fifth session:
Recalling international conventions and recommendations of relevant work and in particular the Convention and Recommendation on Safety Provisions (Building), 1937; Recommendation collaboration for Accident Prevention (Building), 1937; the Convention and Recommendation on Radiation Protection, 1960; the Convention and Recommendation on the protection of Machinery, 1963; the Convention and Recommendation Maximum Weight, 1967; the Convention and Recommendation Occupational Cancer, 1974; the Convention and Recommendation on the working environment (air pollution, noise and vibration), 1977; the Convention and Recommendation on Safety and Health, 1981; the Convention and Recommendation on Health Services, 1985; the Convention and Recommendation asbestos, 1986, and the list of occupational diseases, as amended in 1980, annexed to the Convention on benefits in case of accidents, 1964;
Having decided upon the adoption of certain proposals concerning the safety and health of construction, which is the fourth item on the agenda of the meeting, and
Having determined that these proposals shall take the form of a recommendation supplementing the safety and health in construction,
adopts this twentieth day of June in 1988, this recommendation, which may be cited as the safety and health in construction, 1988 ;
I. SCOPE AND DEFINITIONS.
1. The provisions on safety and health in the construction of the Convention 1988 (hereinafter referred to as "the Convention") and of this Recommendation should be applied in particular:
a) The building and public works and assembly and dismantling of buildings and structures based on prefabricated elements, as defined in paragraph a) of Article 2. the Convention;
B) The construction and assembly of rigs offshore installations while they are building on land.
2. For the purposes of this Recommendation:

A) The term "construction" covers:
i) building, including excavation and the construction, structural alteration, renovation, repair, maintenance (including cleaning and painting) the demolition of all types of buildings and structures;
Ii) public works, including excavation and the construction, structural alteration, repair, maintenance and demolition of, for example, airports, docks, harbors, canals, reservoirs protection works of river water and sea and avalanches, roads and highways, railways, bridges, tunnels, viaducts and works related to the provision of services such as communications, drainage, sewerage and water supply and energy:
III) the assembly and disassembly of buildings and based structures prefabricated elements, and the manufacture of these elements in the works or nearby;
B) The term "works" means any site at which any of the processes or operations described are carried out in the preceding paragraph a);
C) The term "workplace" means all places where workers need to be or who have to go by reason of their work and which are under control of an employer within the meaning of paragraph f );
D) The "worker" means any person engaged in construction;
E) The term "workers' representatives" means persons who are recognized as such by national law or practice;
F) The term "employer" means:
i) Any natural or legal person who employs one or more workers in his works, and
ii) Where appropriate, the principal contractor, the contractor or subcontractor;
G) The term "competent person" means a person possessing adequate, such as suitable training qualifications and knowledge, experience and sufficient to perform specific functions in safety skills. The competent authorities may define appropriate criteria for the designation of such persons and determine the duties to be assigned to them;
H) The term "scaffold" means any temporary structure, fixed, suspended or mobile, and components that support them, to serve as supporting workers and materials and allow access to said structure, excluding appliances elevators defined in paragraph i);
I) The term "lifting device" means all apparatus, fixed or mobile appliance used for raising or lowering persons or loads;
J) The term "lifting gear" means any gear or tackle by means of which a load can be attached to a lifting appliance but which is not an integral part of the appliance or load.
3. The provisions of this Recommendation should also apply to those self-employed be specified by national legislation.
II. GENERAL PROVISIONS
4. National legislation should require that employers and self-employed workers have a general duty to ensure safety and health in the workplace and to fulfill the prescribed safety measures and health.
5.1. When two or more employers undertake activities at one construction site, they should be required to cooperate with each other and with any other person involved in the works, including the owner or its representative for the purposes of compliance with the prescribed measures on security and health.
5.2. The ultimate responsibility for the coordination of safety measures and health at construction sites should rest with the principal contractor or any other person ultimately responsible for the execution of the work.
6. National legislation or the competent authority should provide for measures to be taken to establish cooperation between employers and workers to promote safety and health at construction sites. These measures should include:
a) The creation of committees safety and health representative of employers and workers, with the powers and duties attributed to them;
B) The election or appointment of delegate safety of workers, with the powers and duties attributed to them:
c) The appointment by the employer of people with appropriate qualifications and experience to promote safety and health;
D) The training of safety delegates and safety committee members.

7. Persons responsible for the preparation and planning of a construction project should take into account the safety and health of construction workers in accordance with national law and practice.
8. The design of construction machinery, tools, personal protective equipment and other similar equipment should take into account the principles of ergonomics.
III. PREVENTION AND PROTECTION.
9. The construction and building should be planned, prepared and undertaken as appropriate to:
a) Prevent as soon as possible the risks which may arise from the workplace;
B) Avoid work positions and excessively or unnecessarily strenuous movements;
C) Organize work taking into account the safety and health of workers;
D) Use materials which are suitable from the point of view of safety and health products;
E) Use working methods that protect workers from the harmful effects of chemical, physical and biological agents.
10. National legislation should provide that the competent authority notify the construction of such size, duration or characteristics prescribed.
11. In any workplace, workers should have the right and duty to participate in ensuring safe working conditions, to the extent that control equipment and working methods and to express their views on the working procedures adopted which may affect their safety and health.
Safety in the workplace.
12. Should be developed and implemented in the programs work order and cleanliness in which it is intended:
a) Proper storage of materials and equipment;
B) The removal of waste and debris at appropriate intervals.
13. When there is no other means to protect workers from a fall from a height, should:
a) be installed and maintained in good condition networks or appropriate safety tarps or
b) provided and safety harnesses used suitable.
14. The employer should provide workers with adequate means to enable the use of personal protective equipment and ensure their proper use. Clothing and personal protective equipment should conform to the standards set by the competent authority, taking into account as far as possible, of the principles of ergonomics.
15.1. The safety of machinery and equipment used in construction should be examined and tested by type or individually, as appropriate, by a competent person.
2. National legislation should take into account that occupational diseases may be caused by machinery apparatus and systems without taken into consideration the principles of ergonomics.
Scaffolds.
16. All scaffolds and component elements should be constructed of suitable materials and good quality, having appropriate for the purposes for which they are used and maintained in good size and strength.

17. Every scaffold should be properly designed, erected and maintained so as to prevent collapse or accidental displacement when properly used.
18. Work platforms, gangways and scaffolding stairways should be of such dimensions and so constructed and protected so as to prevent the fall of persons or damage to them due to falling objects.
19. No scaffold should be overloaded or otherwise misused.
20. Scaffolds should not be erected, modified or removed important by a competent person or under the supervision way.
21. Scaffolds, in accordance with national legislation, should be inspected and the results recorded by a competent person:
a) Before using them;
B) subsequently at prescribed intervals;
C) after any alteration, interruption in use, exposure to weather or seismic conditions or other circumstances that have affected their strength or stability.
Lifting appliances and lifting gear.
22. National legislation should prescribe the lifting appliances and items of lifting gear which should be examined and tested by a competent person:
a) Before first use;
B) after erection on a site;
C) subsequently at intervals prescribed by such national laws;
D) after any substantial alteration or repair.

23. The results of the examinations and tests of lifting devices and accessories lifting gear carried out in accordance with paragraph 22 should be recorded in a register and, where appropriate, be made available to the competent authority and to employers and workers or their representatives.
24. Every lifting appliance having a single safe working load and every item of lifting gear should be clearly marked with the value of the load.
25. Every lifting appliance having a load is variable, they should be provided with means to indicate clearly to the driver each maximum safe working load and the conditions that may apply.
26. No lifting appliance or lifting gear should be subject to a higher loading or peak workloads, except for load testing purposes, according to the guidelines and under the supervision of a competent person.
27. Every lifting appliance and every item of lifting gear should be properly installed, in particular in order to leave enough space between fixed and mobile elements and ensure the stability of the appliance.
28. Where this is necessary to prevent danger, no lifting appliance should not be used without the provision suitable means or signaling systems have.
29. The drivers and operators of lifting determined by national legislation should:
a) have reached the minimum age prescribed;
B) Possess appropriate qualifications and training.
Vehicles and transport equipment earthwork.
30. The drivers and operators of vehicles and earthmoving machinery or materials handling should have received training and passed the tests required by national legislation.
31. There should be media or signaling systems or other appropriate control means to prevent the risks inherent in the movement of vehicles and machinery earthmoving and materials handling. Special safety precautions should be taken for vehicles and equipment when maneuvering backwards.
32. Preventive measures should be taken to prevent vehicles and earthmoving machinery and materials handling into excavations or into water.
33. When appropriate, machinery earthmoving and materials handling should be equipped with protective structures to prevent the operator from being crushed if the machine tip over, or to protect you from falling material.
Excavations, shafts, earthworks, underground works and tunnels.
34. The timbering Shoring or other systems used in any part of an excavation, shaft, earthworks, underground works or tunnel should not be erected, altered or dismantled under the supervision of a competent person.
35. 1) All parts of an excavation, shaft, earthworks, underground works or tunnel in which there are persons employed should be inspected by a competent person at the times and cases prescribed by national legislation, and the results recorded.

2) Only after such an inspection should begin work on them.
Work in compressed air.
36. The measures regarding work in compressed air prescribed pursuant to Article 21 of the Convention should include provisions regulating the conditions to be carried out the work, facilities and equipment must be used, the medical supervision and control of workers and duration of work in compressed air.
37. should only be allowed to work in a caisson if it has been inspected by a competent person within the period prescribed by national legislation: inspection results should be recorded.
Pile driving.
38. All pile-driving equipment should be designed and built taking into account as far as possible, of the principles of ergonomics should be kept in good condition.
39. The pile driving should be done only under the supervision of a competent person.
Work above a water surface.
40. The provisions regarding work over a water surface taken in accordance with Article 23 of the Convention should include, where appropriate, the provision and use of suitable and adequate-:
a) Barriers, networks security and safety harnesses;
B) Lifejackets, lifejackets, that can be manned boats motor; when necessary, and lifebuoys;
C) Means of protection against risks such as may reptiles and other animals.

Health Risks.
41. 1) The competent authority should establish an information system on the basis of the results of international scientific research, to provide information for architects, contractors, employers and workers' representatives on the health risks associated with hazardous substances used in the construction industry.
2) Manufacturers and retailers of products used in the construction industry should provide with the products information on any health risks associated with them and on the precautions to be taken.
3) the use of materials containing hazardous substances and in the removal and disposal of waste should safeguard the health of workers and the public and the environmental protection, as prescribed by national legislation.
4) Dangerous substances should be clearly designated and provided with a label giving their relevant characteristics and instructions for use. Such substances should be handled under conditions prescribed by national legislation or the competent authority.
5) The competent authority should determine which hazardous substances should be prohibited from use in the construction industry.
42. The competent authority should keep records of monitoring the working environment and assessment of workers' health for a period prescribed by national legislation.
43. The manual lifting of excessive weights which presents a risk to the health and safety of workers should be avoided by reducing their weight or the use of mechanical devices or by other measures.
44. Whenever the use of new products, equipment and working methods enter special attention should be agreed to inform and train workers with regard to its consequences for the health and safety of workers.
Hazardous atmospheres.
45. The measures prescribed hazardous atmospheres in accordance with paragraph 3 of Article 28 of the Convention should include prior authorization or written permission from a competent person or any other system whereby access to an area where it can be a hazardous atmosphere only made possible after the operations specified.
Fire precautions.
46. Where it is necessary to prevent a risk, it should be suitably trained workers on measures to be taken in case of fire, including the use of means of escape.
47. Whenever appropriate, emergency exits in case of fire shall be indicated visually and conveniently.
Risks from radiation.
48. The competent authority should develop and enforce strict safety regulations with respect to construction workers engaged in maintenance, renovation, demolition or dismantling of any building where the risk of exposure to ionizing radiation, especially in the nuclear power industry .
First Aid.
49. The manner in which they should be given the means and first aid personnel, in accordance with Article 31 of the Convention should fix national legislation, drawn up after consulting the competent health authority and the most representative organizations of employers and workers concerned.
50. When the work involves risk of drowning, asphyxiation or electric shock first aid personnel should be proficient in the use of resuscitation and other life-saving techniques and in rescue operations.
Welfare.
51. In appropriate cases and depending on the number of employed workers, working time and place that is done, there should be at the job site or nearby suitable facilities serving food and drinks or allow prepare, in case that are not available to them otherwise.
52. Suitable accommodation should be made available to workers in remote work from their homes, when there are sufficient means of transport between their homes works or other suitable accommodation. They should be provided with separate sanitary, washing and sleeping for workers and working facilities.
IV. EFFECT ON EARLIER RECOMMENDATIONS

53. This Recommendation replaces the Recommendation concerning Safety Provisions (Building), 1937, and Recommendation collaboration to prevent accidents (building). 1937 "
The undersecretary signed 044 Grade 11 of the Legal Secretariat of the Ministry of Foreign Affairs DECLARES
.
That this reproduction is faithful copy of the certificate and integrates text of the" Recommendation No. 175 on safety and Health in Construction, adopted by the 75th. General Conference of the ILO in June 1988, "which is on file in the Legal Secretariat of the Ministry of Foreign Affairs.
Given in Bogota, DC, on the twenty (22) days of
November in 1991 (1991).
Legal Secretary,
AGNES CLARA VARGAS DE LOSADA.

TABLE 1 STRUCTURE oF THE POPULATION iN CONSTRUCTION bY TYPE oF OCCUPATION || . | ............................. 152,000 paid employment 1
- Microenterprise .......... ............................ 66,000
- Medium and large enterprises ............. ................ 78,000
- Government ............................ ................ 8,000
2. Self-employment ..........................
.... 64,600 - 44,500 ...................................... self Employed
a) Informal ........................................ 42,000
b) Prof. and Technical ................................... 2,500
- Patrons ... ......................................... 20,100
a) Micro entrepreneurs. ................................. 15,300
b) medium and large businesses .......
4800 .............. 3. Other jobs ........................................ 900
- family workers. .............................. 900
- domestic Service ............. ........................ -
TOTAL .................... ........................... 217,500
(in the four metropolitan areas: Bogotá, Cali, Barranquilla and Medellin, represent 32% of the working population).
NOTE: Pictures No. 2 on employment in the building sector and No. 3 on the rate per 1,000 workers, owing to its size, its publication is omitted. The complete tables are published in the Official Gazette dated June 1993. 9/11
Executive Branch of Public Power - Presidency of the Republic
Santafe de Bogota, DC,
Approved. Submit to the consideration of the honorable

National Congress for constitutional purposes.
(Sgd.) César Gaviria Trujillo
The Minister of Foreign Affairs, Noemi Sanin
RUBIO. DECREES
:
ARTICLE 1o. Apruébanse the "Convention number 167 and Recommendation No. 175 on Safety and Health in Construction, adopted by the 75th. Meeting of the General Conference of the International Labour Organization ILO, Geneva 1988". Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Convention number 167 and Recommendation No. 175 on Safety and Health in Construction", adopted by the 75th. Meeting of the General Conference of the ILO, Geneva, 1988, that the first article of this law is passed, they will force the country from the date the international bond in respect thereof is perfected.
ARTICLE 3. This Law governs from the date of publication.
The President of the honorable Senate,
TITO EDMUND WHEEL GUARIN,
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives,
CÉSAR PÉREZ GARCÍA.
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
TAFUR.
Republic of Colombia - National Government
communication, publication ordered,
prior review by the Constitutional Court
, pursuant to Article 241-10
to the Constitution Politics.
Given in Bogota, DC, nine (9)
June in 1993 (1993)

César Gaviria Trujillo Vice Minister of Foreign Affairs, responsible

functions of the Office of the Minister,
WILMA HARVEST TURBAY.
The Minister of Labour and Social Security, Luis Fernando Ramírez




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