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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52 OF 1993

(June 9)

Official Journal No. 40,914 of 11 June 1993.

By means of which the "Convention No. 167 and Recommendation No. 175 on Safety and Health in Construction" are approved; adopted by the 75a. Meeting of the ILO General Conference, Geneva 1988

COLOMBIA CONGRESS

Seen the texts of "Convention No. 167 and of Recommendation No. 175 on Safety and Health in Construction", adopted by the 75a. Meeting of the General Conference of the O.I.T., Geneva 1988, which the letter says:

(To be transcribed: photocopies of the integrated texts of the international instruments mentioned, duly authenticated by the Subsecretariat 044 Grade 11 of the Legal Secretariat of the Ministry of Foreign Affairs).

" CONVENTION 167

Building Safety and Health Convention

The General Conference of the International Labour Organization.

Convened in Geneva by the Board of Directors of the International Labour Office and gathered in that city on 1. June 1988 at its seventh meeting:

Remembering relevant international conventions and recommendations of work, and in particular the Convention and Recommendation on Safety Requirements (Building), 1937; the Recommendation on Collaboration to Prevent accidents (building), 1937; the Convention and the Recommendation on radiation protection, 1960; the Convention and the Recommendation on the Protection of Machinery, 1963; the Convention and the Recommendation on the Maximum Weight, 1967; the Convention and the Recommendation on Professional Cancer, 1974; the Convention and the Recommendation on the working environment (air pollution, noise and vibration), 1977; the Convention and the Recommendation on Safety and Health of Workers, 1981; the Convention and the Recommendation on Health Services at Work, 1985; the Convention and the Recommendation on asbestos, 1986, and the list of occupational diseases, as amended in 1980, annexed to the Convention, on benefits in the event of accidents at work, 1964;

After having decided to adopt various proposals regarding safety and health in construction, which is the fourth item on the agenda of the meeting, and

After having decided that these proposals are in the form of an international convention revising the Convention on Safety Requirements (Building), 1937.

Adopts, with the date of twentieth of June of a thousand nine hundred and eighty-eight, this Convention, which can be cited as the Convention on Safety and Health in Construction, 1988:

I. FIELD OF APPLICATION AND DEFINITIONS.

ARTICLE 1o.

1. This Convention applies to all construction activities, that is to say, construction work, public works and assembly and dismantling works, including any process, operation or transport in the works from the preparation of the works until the completion of the project.

2. Any member ratifying this Convention may, after consultation with the most representative organisations of employers and workers concerned, if any, exclude from the application of the Convention or some of its provisions certain branches of economic activity or undertakings in respect of which special problems arise which are of some importance, provided that they ensure a safe and healthy working environment.

3. This Convention also applies to self-employed persons who can designate national legislation.

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ARTICLE 2o. FOR THE PURPOSES OF THIS CONVENTION.

a) The expression "build" encompasses:

i) Building, including excavations and construction, structural transformations, renovation, repair, maintenance (including cleaning and painting works) and demolition of all types of buildings and structures;

(ii) Public works, including excavation work and construction, structural transformation, repair, maintenance and demolition of, for example, airports, docks, ports, canals, reservoirs, water protection works river and sea and avalanches, roads and motorways, railways, bridges, tunnels, viaducts and works related to the provision of services such as communications, drains, sewerage and water and energy supply;

iii) The assembly and dismantling of buildings or structures based on prefabricated elements, as well as the manufacture of such elements in or in the works;

(b) The expression "works" means any place in which any of the works or operations described in subparagraph (a) above are carried out;

(c) The expression "place of work" means all the places where the workers must be the ones to whom they have to attend because of their work, and which are under the control of an employer within the meaning of paragraph e);

d) The expression "worker" means any person employed in the construction;

e) The expression "employer" designates:

i) Any natural or legal person who employs one or more workers in a work, and

ii) According to the case, the main contractor, contractor or subcontractor;

(f) The term "competent person" means the person in possession of appropriate qualifications, such as appropriate training and sufficient knowledge, experience and skills, to perform specific functions under security conditions. The competent authorities may define the appropriate criteria for the designation of such persons and establish the obligations to be assigned to them;

g) The expression "scaffolding" means any provisional, fixed, suspended or movable structure and the components in which it is supported, which serves as a support for workers and materials or allows access to such a structure, excluding apparatus lifts as defined in paragraph (h);

h) The expression "lifting apparatus" means any apparatus, fixed or movable, used to raise or lower persons or loads;

i) The expression "hoisting accessory" means any mechanism or gear by means of which a load can be attached to an elevator, but which is not an integral part of the apparatus or the load.

II. GENERAL PROVISIONS.

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ARTICLE 3o. The most representative organisations of employers and workers concerned shall be consulted on the measures to be taken to give effect to the provisions of this Regulation. Convention.

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ARTICLE 4. Any Member ratifying this Convention shall undertake, on the basis of an assessment of the risks to safety and health, to adopt and maintain in force legislation which ensure the application of the provisions of the Convention.

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ARTICLE 5o.

1. The legislation to be adopted in accordance with Article 4. This Convention may provide for its practical application by means of technical standards or recommendations of practical recommendations or other appropriate methods in accordance with national conditions and practice.

2. In giving effect to Article 4. to the Convention and to paragraph 1 of this Article, any member shall take due account of the relevant standards adapted by the international organisations recognised in the field of standardisation.

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ARTICLE 6o. Measures should be taken to ensure cooperation between employers and workers in accordance with the modalities defined in national legislation, in order to promote safety and health in works.

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ARTICLE 7o. National legislation should provide that employers and self-employed persons shall be required to comply with the prescribed safety and health measures at the workplace.

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ARTICLE 8o.

1. When two or more employers perform activities simultaneously in the same work:

(a) The coordination of the prescribed safety and health measures, and to the extent that it is compatible with national law, the responsibility for ensuring the effective enforcement of such measures shall be the responsibility of the contractor principal or other person or body exercising effective control or having the primary responsibility for the set of activities in the work;

(b) Where the principal contractor or the person or body exercising effective control or has the principal responsibility for the work is not present in the workplace, it shall, to the extent that it is compatible with the law, national, attribute to a competent person or body present in the work the authority and means necessary to ensure on its behalf the coordination and implementation of the measures provided for in paragraph (a);

(c) Each employer shall be responsible for the application of the prescribed measures to workers under its authority.

2. Where employers or self-employed persons carry out activities simultaneously in the same work, they shall be obliged to cooperate in the application of the prescribed safety and health measures laid down by the legislation. national.

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ARTICLE 9o. The persons responsible for the design and planning of a construction project shall take into consideration the safety and health of the construction workers, in accordance with national legislation and practice.

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ARTICLE 10. National legislation shall provide that workers shall have the right and the duty to participate in the establishment of safe working conditions in any workplace to control the work equipment and methods, and to express their opinion on the working methods adopted as soon as they can affect safety and health.

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ARTICLE 11. National legislation must stipulate that workers will have the obligation to:

a) Cooperate as closely as possible with their employers in the implementation of the prescribed health and safety measures;

b) Reasonably Keep for your own safety and health and that of other persons who may be affected by their acts or omissions at work;

(c) Use the means at your disposal and not misuse any device that has been provided to you for your own protection or that of others;

(d) Inform without delay its immediate superior and the worker's security delegate, if any, of any situation which may lead to a risk and to which they cannot adequately cope on their own;

e) Meet the prescribed health and safety measures.

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ARTICLE 12.

1. National legislation must provide that every worker shall have the right to move away from a danger situation where he has reasonable grounds to believe that such a situation poses an imminent and serious risk to his or her safety and health; and the obligation to report this without delay to its hierarchical superior.

2. Where there is an imminent risk to the safety of workers, the employer shall take immediate measures to interrupt the activities and, if necessary, to evacuate the workers.

III. Prevention and PROTECTION MEASURES

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ARTICLE 13. SECURITY IN THE WORK PLACES.

1. All appropriate precautions must be taken to ensure that all workplaces are safe and are free of risks to the safety and health of workers.

2. They must be provided, maintained in good condition and where necessary, secure means of access and exit at all workplaces.

3. All appropriate precautions must be taken to protect people in or around a work from all the risks that may arise from it.

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ARTICLE 14. SCAFFOLDING AND LADDERS.

1. Where the work cannot be carried out with full safety from the ground or from the ground or part of a building or other permanent structure, it shall be mounted and maintained in good condition of safe and adequate scaffolding or use any other other equally safe and adequate means.

2. In the absence of other secure means of access to jobs at high points, appropriate and good quality ladders should be provided. These must be properly established to prevent any involuntary movement.

3. All scaffolding and ladders must be constructed and used in accordance with national legislation.

4. The scaffolding must be inspected by a competent person in the cases and times prescribed by national legislation.

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ARTICLE 15. LIFTING APPARATUS AND LIFTING ACCESSORIES.

1. All lifting apparatus and all hoisting fittings, including their constituent elements, fixations, anchorages and supports, shall:

a) Being of good design and construction, being manufactured with good quality materials and having the appropriate resistance for the use to which they are intended;

b) Install and use correctly;

c) Staying in good working order;

d) Be tested and tested by a competent person at the time and in the cases prescribed by national legislation; test results and tests must be recorded;

e) Be managed by workers who have received appropriate training in accordance with national legislation.

2. Persons shall not be placed, lowered or transported by any lifting apparatus unless it has been constructed and installed for this purpose in accordance with national law, except in the case of a situation of urgency in which the avoid a risk of serious injury or fatal accident, when the lifting device can be safely used.

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ARTICLE 16. TRANSPORT VEHICLES AND MACHINERY FOR THE MOVEMENT OF LAND AND MATERIAL HANDLING.

1. All vehicles and all machinery for the movement of land and material handling shall:

a) Being of good design and construction, taking into account, as far as possible, the principles of ergonomics;

b) Staying in good condition;

c) Be properly used;

d) Be managed by workers who have received adequate training in accordance with national legislation;

2. In all works in which vehicles and machinery for the movement of land or material handling are used;

a) Secure and appropriate access paths for them should be provided;

b) Traffic should be organized and controlled in such a way as to ensure its safe use.

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ARTICLE 17. MANUAL INSTALLATIONS, MACHINES, EQUIPMENT AND TOOLS.

1. Installations, machines and equipment, including hand tools, whether or not powered by motor, shall:

a) Being of good design and construction, taking into account, as far as possible, the principles of ergonomics;

b) Staying in good condition;

(c) Use only in the works for which they have been designed, unless a use for other purposes than the originally intended purpose has been the subject of a complete assessment by a competent person who has concluded that no risk is present;

d) Be managed by workers who have received appropriate training.

2. In appropriate cases, the manufacturer or the employer shall provide appropriate instructions for safe use in an intelligible form for users.

3. Facilities and pressure equipment shall be tested and tested by a competent person, in cases and times prescribed by national legislation.

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ARTICLE 18. JOBS AT HEIGHTS, INCLUDING ROOFS.

1. Provided that this is necessary to prevent a risk or when the height of the structure or its slope exceeds those laid down by national legislation, preventive measures must be taken to prevent the falls of workers and other materials or articles.

2. Where workers have to work on or near roofs or any other area covered with fragile material, through which they may fall, preventive measures must be taken to ensure that they do not tread in the absence of such fragile material. or they can fall through it.

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ARTICLE 19. EXCAVATIONS, WELLS, EMBANKMENTS, UNDERGROUND WORKS AND TUNNELS. In excavations, wells, embankments, underground works or tunnels, appropriate precautions must be taken:

a) Disposing appropriate proppations or resorting to other means to prevent workers from the risk of crumbling or shedding of land, rocks or other materials;

b) To prevent the hazards of falls of people, materials or objects, or of water irruption in the excavation, well, embankment, underground work or tunnel;

(c) To ensure sufficient ventilation in all workplaces, in order to maintain an atmosphere suitable for respiration and to maintain fumes, gases, vapours, dust or other impurities at levels other than hazardous or harmful to health and are in conformity with the limits laid down by national legislation.

(d) For workers to be able to be safe in the event of a fire or an irruption of water or materials;

e) To prevent workers from risks arising from possible underground hazards, particularly the circulation of fluids or the existence of gas bags, by carrying out appropriate investigations in order to locate them.

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ARTICLE 20. COMPRESSED AIR CASHEWS AND DRAWERS.

1. The ataguies and the compressed air drawers shall:

a) Being of good construction, being made of suitable and solid materials and having sufficient strength;

(b) Be provided with means to enable workers to be safe in the event of water or material disruption.

2. The construction, placement, modification or disassembly of an ataguia or compressed air drawer shall be carried out only under the direct supervision of a competent person.

3. All the ataguies and the compressed air drawers shall be examined by a competent person at prescribed intervals.

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ARTICLE 21. COMPRESSED AIR JOBS.

1. Works in compressed air must be carried out only under conditions prescribed by national legislation.

2. Compressed air work shall be carried out only by workers whose physical fitness has been checked by medical examination, and in the presence of a person competent to supervise the development of operations.

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ARTICLE 22. FRAMES AND FORMWORK.

1. The assembly of armors and their elements of formwork, propping and burnings shall only be carried out under the supervision of a competent person.

2. Appropriate precautions must be taken to protect workers from the risks involved in the temporary fragility or insteadiness of a structure.

3. The formwork, proppant and burs shall be designed, constructed and preserved in such a way as to securely hold all the loads to which they may be subjected.

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ARTICLE 23. WORKERS ABOVE A SURFACE OF WATER. Where work is carried out above or near the immediate proximity of a water surface, appropriate arrangements shall be made for:

a) Prevent workers from falling into water;

b) Save any worker in danger of drowning;

c) Previewing secure and sufficient means of transport.

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ARTICLE 24. DEMOLITION WORK. When demolition or structure may pose risks to workers or to the public:

(a) Precautions shall be taken and appropriate methods and procedures shall be adopted including those necessary for the disposal of waste or waste in accordance with national legislation;

b) Jobs must be planned and executed only under the supervision of a competent person.

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

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ARTICLE 26. ELECTRICITY.

1. All electrical equipment and installations must be constructed, installed and maintained by a competent person, and used in such a way as to prevent any danger.

2. Before starting construction works as in the course of their execution, appropriate measures must be taken to ensure that there is a cable or electrical apparatus under stress in the works or above or below them and to prevent any risk that their existence could be for the workers.

3. The laying and maintenance of cables and electrical equipment in the works must be in response to the technical rules and regulations applied at the national level.

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ARTICLE 27. EXPLOSIVES. Explosives shall only be stored, transported, handled or used:

(a) Under the conditions prescribed by national law;

b) By a competent person, who must take the necessary steps to avoid any risk of injury to workers and others.

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ARTICLE 28. HEALTH RISKS.

1. Where a worker may be exposed to any chemical, physical or biological hazard to such a degree that it is likely to be hazardous to his health, appropriate exposure prevention measures shall be taken.

2. The exposure referred to in paragraph 1 of this Article shall be prevented:

a) Replacing hazardous substances with harmless or less dangerous substances, provided that this is possible, or

b) Applying technical measures to installation, machinery, equipment or processes, or

(c) Where it is not possible to apply paragraphs (a) or (b), using other effective measures in particular for the use of personal protective clothing and equipment.

3. Where workers are required to enter an area where there may be a toxic or harmful substance or the atmosphere of which may be deficient in oxygen or flammable, appropriate measures must be taken to prevent any risk.

4. They shall not be destroyed or otherwise disposed of in the works, if this can be detrimental to health.

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ARTICLE 29. FIRE PRECAUTIONS.

1. The employer must take all appropriate measures to:

a) Avoid fire risk;

b) Fast and effectively extinguish any fire outbreak;

c) Ensure the rapid and safe evacuation of people.

2. Sufficient and appropriate means to store flammable liquids, solids and gases shall be provided.

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ARTICLE 30. PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT.

1. Where adequate protection against risks of accidents or damage to health, including those arising from exposure to adverse conditions, cannot be ensured by other means, the employer shall provide and maintain, at no cost to workers, clothing and personal protective equipment suitable for the types of work and risks, in accordance with national legislation.

2. The employer shall provide the workers with adequate means to enable the use of personal protective equipment and to ensure the correct use of such equipment.

3. Personal protective clothing and equipment must comply with the rules laid down by the competent authority, taking into account, as far as possible, the principles of ergonomics.

4. Workers will have an obligation to use and properly care for the personal protective clothing and equipment provided to them.

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ARTICLE 31. FIRST AID. The employer shall be responsible for ensuring at all times the availability of adequate means and personnel with appropriate training to provide first aid. The necessary arrangements must be made to ensure the evacuation of injured workers in the event of accidents or suddenly ill in order to provide them with the necessary medical assistance.

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ARTICLE 32. WELLNESS.

1. In any work or at a reasonable distance from it, a sufficient supply of drinking water must be available.

2. In any work or at a reasonable distance from it, and depending on the number of workers and the duration of the work, the following services shall be provided and maintained:

a) Sanitary and toilet facilities;

b) Facilities to change clothes and to save and dry them;

c) Local to eat and to be kept during work interruptions caused by the weather.

3. Separate toilet and toilet facilities should be provided for workers and workers.

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ARTICLE 33. INFORMATION AND TRAINING. It shall be provided to workers in a sufficient and appropriate manner:

a) Information about the risks to their safety and health to which they may be exposed in the workplace;

b) Instruction and training on the means available to prevent and control such risks and to protect them.

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ARTICLE 34. DECLARATION OF ACCIDENTS AND DISEASES. National legislation shall stipulate that accidents and occupational diseases shall be declared to the competent authority within a period of time.

IV. APPLICATION

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ARTICLE 35. Each member must:

(a) Adopt the necessary measures, including the establishment of appropriate sanctions and corrective measures to ensure the effective implementation of the provisions of this Convention;

b) Organise appropriate inspection services to monitor the implementation of the measures to be taken in accordance with the Convention and provide those services with the necessary means to perform their task or to ensure that they are carried out adequate inspections.

V. FINAL PROVISIONS

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ARTICLE 36. This Convention revises the Convention on Safety Requirements (Building), 1937.

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

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ARTICLE 38.

1. This Convention shall bind only those members of the International Labour Organisation whose ratifications have been registered by the Director-General.

2. It shall enter into force twelve months after the date on which the ratifications of two members have been registered by the Director-General.

3. From that moment on, this Convention shall enter into force for each Member twelve months after the date of its ratification.

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ARTICLE 39.

1. Any Member who has ratified this Convention may denounce it at the end of a period of 10 years from the date on which it has initially entered into force, by means of an act communicated to the Director-General of the Office for registration. International Labour. The complaint shall not take effect until one year after the date on which it was registered.

2. Any Member who has ratified this Convention and who, within one year of the expiry of the ten-year period referred to in the preceding paragraph, does not make use of the right of denunciation provided for in this Article, shall be obliged to new ten-year period, and may subsequently denounce this agreement at the end of each ten-year period, under the conditions laid down in this article.

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ARTICLE 40.

1. The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of any ratifications, declarations and complaints communicated to him by the Members of the Organization.

2. Upon notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall draw the attention of the Members of the Organization on the date of entry into force of this Convention.

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ARTICLE 41. The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of the registration and in accordance with Article 102 of the Charter of United Nations, complete information on all ratifications, statements and reports of denunciation registered in accordance with the preceding articles.

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ARTICLE 42. Each time the Board of Directors of the International Labour Office deems it necessary, it shall present to the Conference a report on the implementation of the Convention and shall consider the The question of whether to include on the agenda of the Conference the question of its full or partial review.

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ARTICLE 43.

1. Should the Conference adopt a new convention involving a total or partial revision of the present, and unless the new convention contains provisions to the contrary:

(a) The ratification by a Member of the new revising Convention will involve "ipso jure", the immediate denunciation of this Convention, notwithstanding the provisions contained in Article 34, provided that the new revising Convention has entered into force;

(b) As from the date of the entry into force of the new revising Convention, this Convention shall cease to be open for ratification by the Members.

2. This Convention shall remain in force in any event, in its present form and content, for Members who have ratified it and do not ratify the Convention.

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ARTICLE 44. The English and French versions of the text of this Convention are equally authentic. "

The undersigned 044 Grade 11 of the Legal Undersecretary of the Ministry of Foreign Affairs.

NOTES:

That the present reproduction is a faithful and integral photocopy of the certified text of the " Convention number 167 on Safety and Health in Construction, adopted by the 75a. ILO General Conference in June 1988 ", which is based on the archives of the Legal Secretariat of the Ministry of Foreign Affairs.

Dada en Santafe de Bogota, D.C., a los twenty-two (22)

days of the month of November of a thousand nine hundred and ninety-one (1991).

The Legal Sub-secretariat,

CLARA INES VARGAS DE LOSADA.

" INTERNATIONAL WORK CONFERENCE

Recommendation 175.

Recommendation on safety and health in construction.

The General Conference of the International Labour Organization:

Convened in Geneva by the Board of Directors of the International Labour Office and gathered in that city on 1. June 1988 at its seventh meeting:

Remembering relevant international conventions and recommendations of work, and in particular the Convention and Recommendation on Safety Requirements (Building), 1937; the Recommendation on Collaboration to Prevent accidents (building), 1937; the Convention and the Recommendation on radiation protection, 1960; the Convention and the Recommendation on the Protection of Machinery, 1963; the Convention and the Recommendation on the Maximum Weight, 1967; the Convention and the Recommendation on Professional Cancer, 1974; the Convention and the Recommendation on the working environment (air pollution, noise and vibration), 1977; the Convention and the Recommendation on Safety and Health of Workers, 1981; the Convention and the Recommendation on Health Services at Work, 1985; the Convention and the Recommendation on asbestos, 1986, and the list of occupational diseases, as amended, in 1980, annexed to the Convention, on benefits in the event of accidents at work, 1964;

After having decided to adopt various proposals concerning the safety and health of the construction, which is the fourth item on the agenda of the meeting, and

Having decided that these proposals are in the form of a recommendation that complements the Convention on Safety and Health in Construction,

Adopts, with a date of 20 June of a thousand nine hundred and eighty-eight, this Recommendation, which can be cited as the Recommendation on Safety and Health in Construction, 1988;

I. FIELD OF APPLICATION AND DEFINITIONS.

1. The provisions on safety and health in the 1988 construction of the Convention (hereinafter referred to as "the Convention") and this Recommendation should apply in particular to:

(a) Building and public works and the assembly and dismantling of buildings and structures based on prefabricated elements, as defined in Article 2 (a). of the Convention;

b) The construction and assembly of drilling towers of offshore oil installations while they are being built on land.

2. For the purposes of this Recommendation:

a) The expression "build" encompasses:

i) Building, including excavations and construction, structural transformations, renovation, repair, maintenance, (including cleaning and painting), demolition of all types of buildings and structures;

(ii) Public works, including excavation work and construction, structural transformation, repair, maintenance and demolition of, for example, airports, docks, ports, canals, reservoirs of works of protection against river and sea waters and avalanches, roads and motorways, railways, bridges, tunnels, viaducts and public works related to the provision of services, such as communications, drainage, sewerage and water and energy supply:

III) The assembly and disassembly of buildings and structures based on prefabricated elements, as well as the manufacture of such elements in the works or in their vicinity;

(b) The expression "works" means any place in which any of the works and operations described in subparagraph (a) above are carried out;

(c) The expression "place of work" means all the places in which the workers must be or to whom they have to attend because of their work and which are under the control of an employer, within the meaning of paragraph (f);

d) The expression "worker" means any person employed in the construction;

e) The expression "employee representatives" means persons recognized as such by national legislation or practice;

f) The expression "employer" designates:

i) Any natural or legal person employing one or more workers in their works, and

ii) According to the case, the main contractor, contractor or subcontractor;

g) The term "competent person" means the person in possession of appropriate qualifications, such as appropriate training and sufficient knowledge, experience and skills to perform specific functions under security conditions. The competent authorities may define the appropriate criteria for the designation of such persons and determine the obligations to be assigned to them;

(h) The term "scaffolding" means any provisional, fixed, suspended or movable structure, and the components in which it is supported, to support workers and materials and to allow access to such a structure, excluding apparatus lifts as defined in paragraph i);

i) The expression "lifting apparatus" means all apparatus, fixed or mobile, used to raise or lower persons or loads;

(j) The expression "hoisting accessory" means any mechanism or apparatus by means of which a load can be attached to an elevator, but which is not an integral part of the apparatus or the load.

3. The provisions of the Recommendation should also apply to those self-employed persons who will designate national legislation.

II. GENERAL PROVISIONS

4. National legislation should provide that employers and self-employed persons have a general obligation to ensure safety and health conditions at the workplace and to comply with the prescribed measures in the field of health and safety at work. safety and health.

5.1. Where two or more employers carry out activities in the same work, they should be obliged to cooperate with each other and with any other person involved in the works, including the owner or his representative, for the purposes of compliance. of the measures prescribed in the field of safety and health.

5.2. The final responsibility for the coordination of safety and health measures in the works should be the responsibility of the main contractor or any other person responsible for the execution of the work.

6. National legislation or the competent authority should provide for the measures to be taken to establish cooperation between employers and workers in order to promote safety and health in the works. These measures should include:

(a) The creation of representative health and safety committees for employers and workers, with the powers and obligations attributed to them;

(b) The choice or appointment of a worker's security delegate, with the powers and obligations attributed to them:

c) The designation by employers of persons with appropriate qualifications and experience to promote safety and health;

d) The training of security delegates and members of security committees.

7. The persons responsible for the preparation and planning of a construction project should take into consideration the safety and health of construction workers, in accordance with national legislation and practice.

8. The design of the machinery for construction works, tools, personal protective equipment and other similar elements should take into account the principles of ergonomics.

III. PREVENTION AND PROTECTION MEASURES.

9. Construction and building works should be planned, prepared and properly performed for:

a) Prevent the risks that the workplace may pose as soon as possible;

b) Avoid excessive or unnecessarily fatigued postures and movements;

c) Organising the work taking into account the safety and health of workers;

d) Use appropriate materials or products from the point of view of safety and health;

e) Employing working methods that protect workers against the harmful effects of chemical, physical and biological agents.

10. National legislation should provide for the notification to the competent authority of the construction works of dimensions, duration or prescribed characteristics.

11. In any workplace, workers should have the right and the duty to participate in the establishment of safe working conditions, in so far as they control the equipment and working methods and express their opinion on the work procedures adopted which may affect their safety and health.

Job places security.

12. Should be developed and implemented in the works of order and cleaning programmes in which it is envisaged:

a) The proper storage of materials and equipment;

b) Evacuation of waste and debris at appropriate intervals.

13. When there is no other means to protect workers from a drop from a height, they should:

a) Installing and maintaining appropriate safety nets or tarps, or

b) Facilitate and use appropriate safety harnesses.

14. The employer should provide the workers with adequate means to enable them to use personal protective equipment and ensure their correct use. Personal protective clothing and equipment should comply with the rules laid down by the competent authority, taking into account, as far as possible, the principles of ergonomics.

15.1. The safety of machinery and equipment used in construction should be examined and verified by type or separately, as appropriate, by a competent person.

2. National legislation should take into account that some occupational diseases may be caused by machines and systems designed without the principles of ergonomics being taken into account.

Andamiages.

16. All the scaffolding and elements that make up them should be constructed with suitable materials of good quality, having the dimensions and resistance appropriate for the purposes for which they are used and maintained in good condition.

17. All scaffolding should be properly designed, mounted and preserved in order to prevent its collapse or accidental displacement while normally used.

18. The work platforms, walkways and scaffolding ladders should be of such dimensions and be constructed and protected in such a way as to avoid the fall of persons or the injury of these due to the fall of objects.

19. No scaffolding should be overloaded or misused.

20. Scaffolding should only be mounted, modified in a major way or dismantled by a competent person or under his supervision.

21. The scaffolding, in accordance with national legislation, should be inspected and the results recorded by a competent person:

a) Before you use them;

b) Later at prescribed intervals;

c) After any modification, period of non-use, exposure to weather or seismic or other circumstances that may have altered its resistance or its stability.

Lift appliances and hoisting accessories.

22. National legislation should specify lifting appliances and hoisting fittings which should be examined and verified by a competent person:

a) Before you use them for the first time;

b) After being mounted on a work;

c) Later at the intervals prescribed by this national legislation;

d) After any major modification or repair.

23. The results of the examinations and tests of hoisting devices and fittings made in accordance with paragraph 22 should be entered in a register and, where appropriate, be made available to the competent authority, the employer and the workers or their representatives.

24. Any lifting apparatus having a single maximum working load and any lifting fixture should clearly indicate the value of the load.

25. Any lifting apparatus whose maximum workload is variable should be provided with means which clearly indicate to its operator each of the maximum loads and the conditions under which it may be applied.

26. No lifting apparatus or hoist fitting should be subjected to a load exceeding its maximum load or maximum workload, except for testing purposes, according to the guidelines and under the supervision of a competent person.

27. Any lifting apparatus and any lifting device should be fitted in a suitable manner, in particular in order to allow sufficient space between moving parts and fixed parts and to ensure the stability of the apparatus.

28. Whenever this is necessary to prevent a danger, no lifting apparatus should be used without adequate means or systems of signalling.

29. Drivers and operators of lifting equipment determined by national legislation should:

a) Haber reached the prescribed minimum age;

b) Poseer appropriate qualifications and training.

Transport vehicles and earthmoving machinery.

30. Drivers and operators of vehicles and machinery for the movement of land or material handling should have received training and passed the tests required by national legislation.

31. There should be means or signalling systems or other appropriate means of control to prevent the risks inherent in the movement of vehicles and machinery for the movement of land and material handling. Special safety precautions should be taken in vehicles and machinery when they are manoeuvring back.

32. Preventive measures should be taken to prevent vehicles and machinery from land movements and material handling from falling into excavations or water.

33. Where appropriate, machinery for the movement of land and material handling should be equipped with protective structures to prevent the operator from being crushed in case the machine is flying, or to protect it from the fall of materials.

Excavations, wells, embankments, underground works and tunnels.

34. Burnings or other propping systems used in any part of an excavation, well, embankment, underground work or tunnel should only be constructed, modified or dismantled under the supervision of a competent person.

35. 1) All parts of an excavation, well, embankment, underground work or tunnel where there are persons employed should be inspected by a competent person at the time and the cases prescribed by national legislation, and the results should be registered.

2) Only after such an inspection should work be started on them.

Jobs in compressed air.

36. Measures relating to compressed air work prescribed in accordance with Article 21 of the Convention should include provisions governing the conditions under which the work, facilities and equipment required to be carried out must be carried out. use, medical supervision and control of workers and the duration of work carried out in compressed air.

37. Only someone in a compressed air drawer should be allowed to work if it has been previously inspected by a competent person within the time limit set by the national legislation: the results of the inspection should be recorded.

Pill Hinca.

38. Every team of hincar piles should be well designed and constructed in view, as far as possible, of the principles of ergonomics: it should be maintained in good condition.

39. The pile of piles should only be carried out under the supervision of a competent person.

Jobs above a water surface.

40. Provisions relating to works above a surface of water taken in accordance with Article 23 of the Convention should include, where appropriate, the supply and use, in an appropriate and sufficient manner, of:

a) Barriers, safety nets and security harnesses;

b) Lifeguard, lifeguard, manned boats that can be powered; when necessary, and lifebuoys;

c) Means of protection against risks such as those that may be presented by reptiles and other animals.

Health hazards.

41. 1) The competent authority should establish an information system, based on the results of international scientific research, providing information to architects, contractors, employers and representatives of the workers on the health risks related to the harmful substances used in the construction industry.

2) Manufacturers and traders of products used in the construction industry should provide information about any health risk associated with them with the products, as well as the precautions to be taken. be taken.

3) The use of materials containing harmful substances and the disposal or disposal of waste should safeguard the health of workers and the public and ensure the protection of the environment, as prescribed by the national legislation.

4) Dangerous substances should be clearly designated and provided with a label containing their relevant characteristics and the instructions for use. Such substances should be handled in accordance with the conditions prescribed by national legislation or the competent authority.

5) The competent authority should determine the hazardous substances whose use should be prohibited in the construction industry.

42. The competent authority should keep records of the control of the working environment and of the assessment of the health of workers for a period prescribed by national legislation.

43. The manual lifting of excessive loads, the weight of which is at risk for the health and safety of workers, should be avoided by reducing the weight or use of mechanical appliances or by other measures.

44. Every time the use of new products, machinery or working methods is introduced, special attention should be given to informing and training workers as regards their consequences for the health and safety of workers. workers.

Dangerous atmospheres.

45. The measures relating to dangerous atmospheres prescribed in accordance with Article 28 (3) of the Convention should include a prior written authorisation or permission from a competent person or any other system under which the competent authority is responsible. access to an area where there may be a dangerous atmosphere only possible after the specified operations have been carried out.

Fire precautions.

46. Where this is necessary to prevent a risk, workers should be adequately instructed on the measures to be taken in the event of a fire, including the use of means of evacuation.

47. Whenever appropriate, emergency exits in the event of a fire shall be visually and conveniently observed.

Risks due to radiation.

48. The competent authority should draw up and enforce stringent safety regulations for construction workers engaged in maintenance, renovation, demolition and dismantling of any building where there may be a risk of exposure to ionising radiation, especially in the nuclear energy industry.

First aid.

49. The arrangements under which first aid means and personnel should be provided in accordance with Article 31 of the Convention should be laid down in national law, drawn up after consultation of the competent health authority and the most representative organisations of employers and workers concerned.

50. Where the work involves risks of drowning, choking or shock, first aid staff should be competent in resuscitation techniques and other techniques of rescue and rescue operations.

Wellbeing.

51. In appropriate cases, depending on the number of employed persons, the duration of the work and the place in which the work is carried out, there should be adequate facilities to serve meals and drinks at the site or in the immediate vicinity. prepare them, if they are not available otherwise.

52. Suitable accommodation should be provided to workers in the work in remote work, where there is not sufficient means of transport between the works of their homes or other suitable accommodation. Separate health and toilet facilities and dormitories should be provided for workers and workers.

IV. EFFECTS ON PREVIOUS RECOMMENDATIONS

53. This Recommendation replaces the Recommendation on Safety Requirements (Building), 1937, and the Recommendation on Collaboration to Prevent Accidents (Building). 1937 '.

The undersigned 044 Grade 11 of the Foreign Ministry's Deputy Legal Secretary,

NOTES:

That the present reproduction is a faithful and integral photocopy of the certified text of the " Recommendation number 175 on Safety and Health in Construction, adopted by the 75a. ILO General Conference in June 1988 ", which is based on the archives of the Legal Secretariat of the Ministry of Foreign Affairs.

Dada en Santafe de Bogota, D.C., a los twenty-two (22)

days of the month of November of a thousand nine hundred and ninety-one (1991).

Legal Undersecretary,

CLARA INES VARGAS DE LOSADA.

TABLE No. 1

POPULATION STRUCTURE OCCUPIED IN CONSTRUCTION BY OCCUPATION TYPE

1. Employee employment ............................. 152,000

-Microenterprises ...................................... 66,000

-Medium and large company ............................. 78,000

-Government ............................................ 8,000

2. Independent employment ............................... 64,600

-Own account ...................................... 44,500

a) Informals ........................................ 42,000

b) Prof. and Technicians ................................... 2,500

-Patterns ............................................ 20.100

a) Micro entrepreneurs .................................. 15.300

b) Medians and large entrepreneurs ..................... 4,800

3. Other jobs ........................................ 900

-Family workers ............................... 900

-Domestic Service .....................................               --

TOTAL ............................................... 217,500

(in the four metropolitan areas: Bogota, Cali, Barranquilla, and Medellin, representing 32% of the working population).

NOTE: Tables No. 2 on employment in the building sector and No. 3 on the rate per 1,000 workers, due to their extension, are omitted from publication. The complete tables are published in the Official Journal of the European Communities on 11 June 1993.

Executive Branch of the Public Power-Presidency of the Republic

Santafe de Bogota, D.C.,

Approved. Submit to the consideration of the

honorable National Congress for the

constitutional effects.

(Fdo.) CESAR GAVIRIA TRUJILLO

The Foreign Minister,

NOEMI SANIN DE RUBIO.

DECRETA:

ARTICLE 1o. Approve the " Convention number 167 and the Recommendation number 175 on Safety and Health in Construction, adopted by the 75a. Meeting of the General Conference of the International Labour Organization ILO, Geneva 1988 ".

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Convention number 167 and the Recommendation number 175 on Safety and Health in Construction", adopted by the 75a. Meeting of the ILO General Conference, Geneva 1988, which, by the first article of this law, are approved, will force the country from the date on which the international link with respect to them is perfected.

ARTICLE 3o. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic,

TITO EDMUNDO RUEDA GUARIN,

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the Honorable House of Representatives,

CESAR PEREZ GARCIA.

The Secretary General of the Honorable House of Representatives,

DIEGO VIVAS TAFUR.

Republic of Colombia-National Government

Contact, publish, and execute,

prior to review by the Court

Constitutional, in accordance with the provisions

to article 241-10 of the Political Constitution.

Dada en Santafe de Bogota, D.C., a nine (9)

June of a thousand nine hundred and ninety-three (1993)

CESAR GAVIRIA TRUJILLO

The Deputy Foreign Minister,

in charge of the

Minister's Office,

WILMA ZAFRA TURBAY.

The Minister of Labour and Social Security,

LUIS FERNANDO RAMIREZ ACUNA

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