LAW 55 OF 1993
Official Gazette No. 40,936., 6 July 1993.
Through which the "Convention No. 170 and Recommendation No. 177 on approving Safety in the Use of Chemicals at work "adopted by the 77th. Meeting of the General Conference of the ILO, Geneva, 1990 Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Convention No. 170 and Recommendation No. 177 on Safety in the Use of Chemicals at Work" adopted by the 77th. Meeting of the General Conference of the ILO, Geneva, 1990 which reads:
(To be transliterated: enclosed photocopies of the full texts of these international instruments, duly authenticated by the Legal Undersecretary of the Ministry of Foreign Affairs .
INTERNATIONAL LABOUR CONFERENCE Convention 170
CONVENTION oN SAFETY iN tHE USE
oF CHEMICALS aT WORK
the General Conference of the International Labour Organization convened in Geneva by the Governing Body of the International Labour Office, and having met in that city on June 6, 1990, in his seventy-seventh session;
Noting the international conventions and recommendations of relevant work and in particular the Convention and benzene recommendation, 1971, 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 of workers 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 and professional diseases 1964;
Noting that the protection of workers against the harmful effects of chemicals also contributes to protecting the general public and the environment;
Noting that access to information about chemicals used at work meets a need and a right of workers;
Whereas it is essential to prevent disease and accidents caused by chemicals at work or reduce their occurrence:
a) Ensuring that all chemicals are evaluated in order to determine the hazards;
B) Providing employers obtain systems to suppliers information about the chemicals used at work so that they can implement effective programs to protect workers from the hazards caused by chemicals;
C) providing workers with information about the chemicals used in the workplace, as well as appropriate preventive enabling them to participate effectively in measures protection programs, and
d) Establishing the basic guidelines of such programs to ensure the use of chemicals safely;
Referring to the need for cooperation within the International Program on Chemical Safety between the International Labour Organization, the United Nations Environment Programme and the World Health Organization, as well as with the United Nations Organization for Food and Agriculture and the United Nations Organization for Industrial Development, and observing instruments, codes and guidelines issued by these organizations;
Having decided upon the adoption of certain proposals concerning the safe use of chemicals at work issue is the fifth item on the agenda of the meeting, and
Having determined that these proposals shall take the form of an international Convention, adopts this fifth day of June in 1990, the following Convention, which may be cited as the chemicals Convention, 1990:
PART I. SCOPE AND DEFINITIONS ARTICLE
1. This Convention applies to all branches of economic activity in which chemicals are used.
2. After consultation with the most representative organizations of employers and workers concerned, and on the basis of an assessment of the hazards and protective measures to be applied, the competent authority of a Member which ratifies the Convention:
A) may exclude from the application of the Convention or certain provisions thereof, particular branches of economic activity, undertakings or products:
i) When the application raises special problems of a substantial, and
ii) when the protection conferred as a whole, in accordance with national law and practice, is not less than that resulting from the full application of the provisions of the Convention;
B) shall make special provision to protect confidential information whose disclosure to a competitor would be detrimental to the activity of the employer, provided that the safety and health of workers are not compromised.
3. The Convention does not apply to items which, under normal or reasonably foreseeable use, do not expose workers to a hazardous chemical.
4. The Convention does not apply to organisms, but does apply to chemicals derived from organisms.
. For the purposes of this Convention:
a) The term "chemicals" means chemical elements and compounds, and mixtures thereof, whether natural or synthetic;
B) The term "hazardous chemical" includes any chemical which has been classified as hazardous in accordance with Article 6 or for which relevant information exists to indicate that the chemical is hazardous;
C) The term "use of chemicals at work" means any work activity which may expose a worker to a chemical, and includes:
i) The production of chemicals;
Ii) The handling chemicals;
Iii) The storage of chemicals;
Iv) The transport of chemicals;
V) the disposal and treatment of waste chemicals;
Vi) The emission of chemicals resulting from work;
Vii) the maintenance, repair and cleaning of equipment and containers for chemicals;
D) The term "branches of economic activity" covers all branches in which workers are employed, including the public service;
E) The term "article" means an object which is manufactured with a specific shape or design or that is in its natural shape, and whose use wholly or partly of shape or design characteristics depend;
F) The term "workers 'representatives" means persons who are recognized as such by national law or practice in accordance with the Convention on the workers' representatives, 1971. PART II
. GENERAL PRINCIPLES
ARTICLE 3o. You should consult the most representative organizations of employers and workers concerned on the measures to give effect to the provisions of the Convention.
. Each Member shall, in consultation with the most representative organizations of employers and workers and taking into account national conditions and formulate, implement and periodically review a coherent policy on safety in the use of chemicals at work practice.
The 5th ARTICLE. The competent authority if justified on safety and health, should be able to prohibit or restrict the use of certain hazardous chemicals, or to require advance notification and the use of these products authorization.
PART III. CLASSIFICATION AND RELATED MEASURES
. Classification systems.
1. The competent authority or approved or recognized by the competent authority agencies in accordance with national or international standards, shall establish appropriate systems and specific criteria for classifying all chemicals depending on the type and degree of physical risk and involving health, and to assess the relevance of the necessary information to determine its danger.
2. The hazardous properties of mixtures of two or more chemicals may be determined by evaluating the risks posed by chemicals that form.
3. In the case of transport, such systems and criteria shall take into account the United Nations Recommendations on the Transport of Dangerous Goods.
4. The classification systems and their application shall be progressively extended.
Article 7. LABELING AND MARKING.
1. All chemicals shall be marked to allow identification.
2. Hazardous chemicals shall in addition be an easily understandable label for workers who provide essential information regarding their classification, the hazards and safety precautions to be observed.
3. 1) The requirements for marking or labeling chemicals pursuant to paragraphs 1 and 2 of this Article shall be established by the competent authority or by an approved or recognized by the competent authority in accordance with national or international standards body.
2) In the case of transport, such requirements shall take into account the United Nations Recommendations on the Transport of Dangerous Goods.
. Safety data sheet.
1. Employers who use hazardous chemicals are required to provide safety data sheet containing detailed essential information regarding their identity, their pro-supplier, classification, hazards, safety precautions and emergency procedures.
2. The criteria for the preparation of safety data sheet shall be established by the competent authority or by an approved or recognized by the competent authority in accordance with national or international standards body.
3. The chemical or common name used to identify the chemical in the safety data sheet shall be the same as that on the label.
Article 9. RESPONSIBILITIES OF SUPPLIERS.
1. Providers, whether manufacturers, importers or distributors of chemicals should ensure that:
a) The chemicals have been classified in accordance with Article 6, based on the knowledge of their properties and a search available information or assessed in accordance with paragraph 3 of this Article;
B) such chemicals are marked so as to indicate their identity in accordance with paragraph 1 of Article 7;
C) Hazardous chemicals supply are labeled in accordance with paragraph 2 of Article 7;
D) are prepared and provided to employers, under paragraph 1 of Article 8 safety data sheet on hazardous chemicals.
2. Suppliers of hazardous chemicals shall ensure that are prepared and provided to employers, by a method in accordance with national law and practice, labels and safety data sheet reviewed whenever new relevant information becomes available in health and safety .
3. Suppliers of chemicals which have not yet been classified in accordance with Article 6 shall identify the chemicals they supply and assess the properties of these chemicals on the basis of the information available, in order to determine whether they are dangerous.
PART IV. EMPLOYERS LIABILITY
ARTICLE 10. IDENTIFICATION.
1. Employers should ensure that all chemicals used at work are labeled or marked in accordance with the provisions of Article 7 and that the safety data sheet have been provided with as provided in Article 8 and are put to available to workers and their representatives.
2. Employers receiving chemicals that have not been labeled or marked in accordance with the provisions of Article 7 or which have not been provided safety data sheet as provided for in Article 8, shall obtain the relevant information from the supplier or other sources of information reasonably available, and must not use chemicals before disposing of such information.
3. Employers should ensure that they are only used those products falling under the provisions of Article 26 or identified or assessed under paragraph 3 of Article 9 and labeled or marked in accordance with Article 7, and they take all precautions during use.
4. Employers shall maintain a record of hazardous chemicals used in the workplace, with references to data sheets appropriate security. The register shall be accessible to all workers concerned and their representatives.
ARTICLE 11. TRANSFER OF CHEMICALS.
Employers shall ensure that when chemicals are transferred into other containers or equipment, the contents of the latter so that the workers are informed of the identity of these products, the risks associated with their use indicated and all safety precautions should be taken.
ARTICLE 12. EXPOSURE. Employers shall:
a) Ensure that their workers are not exposed to chemicals above exposure limits or other exposure criteria for the evaluation and control of the working environment established by the competent authority or by an approved or recognized by the competent authority in accordance with national or international standards body;
B) assess the exposure of workers to hazardous chemicals;
C) To monitor and record the exposure of workers to hazardous chemicals when this is necessary to protect their safety and health or when prescribed by the competent authority;
D) Ensure that data on environmental monitoring work and the exposure of workers using hazardous chemicals are kept for a period prescribed by the competent authority and are accessible to the workers and their representatives .
ARTICLE 13. OPERATIONAL CONTROL. Employers should assess the risks arising from the use of chemicals at work, and ensure the protection of workers against such risks by appropriate means, and in particular:
a) choice of chemicals that eliminate or minimize the degree of risk;
B) Choosing technology that eliminates or minimizes the risk;
C) Applying appropriate technical control measures;
D) Adopting systems and work methods that eliminate or minimize the risk;
E) Taking adequate occupational hygiene measures;
F) If the measures just stated are not sufficient by providing, at no cost to the worker, personal protective equipment and protective clothing, ensuring proper maintenance and ensuring the use of such means of protection.
2. Employers shall:
a) Limit exposure to dangerous to protect the safety and health of workers chemicals;
B) provide first aid;
C) Take measures to cope with emergency situations.
ARTICLE 14. ELIMINATION. Hazardous chemicals which are no longer required and containers which have been emptied but which may contain residues of hazardous chemicals should be handled or removed so as to remove or minimize risks to safety and health, as well as for the environment, in accordance with national law and practice.
ARTICLE 15. INFORMATION AND TRAINING. Employers shall:
a) Inform workers about the dangers of exposure to the chemicals used in the workplace;
B) instruct workers on how to obtain and use the information in the labels and safety data sheet;
C) Use safety data sheet, together with specific information workplace, as a basis for the preparation of instructions to workers, which should be written if any;
D) Train workers continuously on the procedures and practices to be followed for the safe use of chemicals at work.
ARTICLE 16. COOPERATION. Employers in the framework of their responsibilities, should cooperate as closely as possible with workers or their representatives regarding the safe use of chemicals at work.
PART V. DUTIES OF WORKERS
1. Workers should cooperate as closely as possible with their employers in the context of the responsibilities of and comply with all established procedures and practices for the safe use of chemicals at work.
2. Workers shall take all reasonable steps to eliminate or minimize for themselves and for others the risks involved in the use of chemicals at work.
RIGHT OF WORKERS AND THEIR REPRESENTATIVES
1. Workers should have the right to remove themselves from danger resulting from the use of chemicals when they have reasonable grounds to believe that there is a serious and imminent risk to their safety or health, and should indicate without delay to your supervisor.
2. Workers who remove themselves from danger in accordance with the provisions of the preceding paragraph or who exercise any other rights under this Convention shall be protected against undue consequences of this act.
3. The workers concerned and their representatives shall have the right to obtain:
a) Information identifying the chemicals used at work, the hazardous properties of such chemicals, precautionary measures to be taken, education and training;
B) The information contained in labels and markings;
C) The safety data sheet;
D) Any other information required to be maintained under the provisions of this Convention.
4. When disclosure to a competitor of the specific identity of an ingredient of a chemical could be harmful to the activity of the employer, the employer may, in providing the information referred to in paragraph 3 above, protect that identity in accordance with the provisions established by the competent authority in accordance with Article 1, paragraph 2, section b).
PART VII. STATE RESPONSIBILITIES
Article 19. When in a dangerous exporting Member State the use of chemicals has been fully or partially prohibited for reasons of safety and health at work, the State must communicate that fact and the reasons for it to the knowledge of all It exporting country.
Article 20. The formal ratifications of this Convention shall be communicated to registration, the Director General of the International Labour Office.
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director General.
2. It shall enter into force twelve months after the date on which the ratifications of two Members have been registered with the Director General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
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 to 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 of 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.
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 24. The Director General of the International Labour Office shall communicate to 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 25. Whenever deemed necessary, the Governing Body of the International Labour Office shall present to the Conference a report on the implementation of the Convention and shall examine the desirability of placing on the agenda of the Conference question of its full or partial revision.
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 shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 22, 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 27. The English and French versions of the text of this Convention are equally authoritative. INTERNATIONAL LABOUR CONFERENCE
Recommendation 177 RECOMMENDATION ON SAFETY
USE OF CHEMICALS AT WORK
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 6, 1990, in his seventy-seventh session;
Having decided upon the adoption of certain proposals concerning the safe use of chemicals at work, which is the fifth item on the agenda of the meeting, and
Having determined that these proposals the form of a supplementary Recommendation chemicals Convention, 1990,
Adopts June 25 of 1990, the following Recommendation, which may be cited as the chemicals Recommendation, 1990: || | I. GENERAL DISPOSITION.
1. The provisions of this Recommendation should be applied in conjunction with those of the Chemicals Convention, 1990 products (hereinafter referred to as "the Convention").
2. It should consult the most representative organizations of employers and workers concerned on the measures to be adopted to give effect to the provisions of the Recommendation.
3. The competent authority should specify categories of workers who for reasons of safety and health, are not allowed to use certain chemicals or are allowed to use only under conditions prescribed in accordance with national legislation.
4. The provisions of this Recommendation should also apply to such self-employed determined by national legislation.
5. The special provisions established by the competent authority to protect confidential information in accordance with paragraph 2 b), and Article 18, paragraph 4, Article 1 of the Convention should:
a) limit the disclosure of confidential information those who need it in relation to the safety and health of workers;
B) Ensure that those who obtain confidential information agree to use it only to meet the needs of health and safety and to protect its confidentiality in all other cases;
C) Ensure that relevant confidential information be disclosed immediately in an emergency;
D) Establish procedures to consider promptly the validity of any request for confidentiality and the need that the information withheld can respond when there is a disagreement regarding disclosure.
II. CLASSIFICATION AND RELATED MEASURES
6. The criteria for the classification of chemicals established pursuant to paragraph 1 of Article 6 of the Convention should be based on their characteristics and including:
a) toxic properties, including both acute and chronic health effects anywhere in the body;
B) chemical or physical characteristics, including flammable, explosive, oxidising and dangerously reactive properties;
C) corrosive and irritant properties;
D) allergenic and sensitizing effects;
E) carcinogenic effects;
F) teratogenic and mutagenic effects, and
g) effects on the reproductive system.
7. 1) To the extent that it is reasonably practicable, the competent authority should establish and periodically update an integrated chemical elements and compounds used at work, together with relevant information on risks list.
2) For chemical elements and compounds that are not yet included in the consolidated list, the manufacturers or importers should be required, unless exempt, to transmit to the competent authority before use at work and consistent with the need to protect confidential information, in accordance with paragraph 2 b) Article 1 of the Convention, the information needed to keep the list.
LABELING AND MARKING 8. 1) The labeling and marking requirements of chemicals established pursuant to Article 7 of the Convention should be such and enable persons handling or using chemicals to recognize and distinguish between them both when receiving and when using them, to ensure safety in use.
2) The labeling requirements for hazardous chemicals should, in accordance with existing national or international systems:
a) The information to be included on the label, including, if appropriate:
i ) trade designations;
Ii) Identification of the chemical;
Iii) Name, address and telephone number of the supplier;
Iv) Hazard symbols;
V) Nature of the special risks associated with the use of the chemical;
Vi) safety precautions;
Vii) Identification of the lot;
Viii) a statement that can be obtained from the employer for a safety data sheet with additional information;
Ix) the classification assigned under the system established by the competent authority;
B) Legibility, durability and size of the label;
C) uniformity of labels and symbols including the color.
3) The label should be easily understandable for workers.
4) In the case of chemicals not covered by subparagraph 2) of this paragraph, the marking may be limited to the identification of the chemical.
9. Where it is possible to label or mark a chemical in the container size or nature of the package, should be provided by other effective means of recognition such as tagging or accompanying documentation. However, all the containers of hazardous chemicals should take appropriate indications or symbols on the risks inherent hazards of the products they contain.
Safety data sheet
10. 1) The criteria for the preparation of safety data sheet for hazardous chemicals should, where appropriate, to ensure that they contain essential information, in particular:
a) Identification of chemicals and the manufacturer (including the trade name or common name of the chemical, as well as detailed information on the supplier or manufacturer);
B) Composition and information on ingredients (so that they can be clearly identified for the purpose of conducting a hazard evaluation);
C) Identification of risks;
D) measures for first aid;
) Measures in case of fire;
F) Measures in case of accidental release;
G) Handling and storage;
H) controls in case of exposure and personal protection (including possible methods of monitoring exposure levels in the workplace);
I) Physical and chemical properties;
J) stability and reactivity;
K) toxicological information (including the potential routes of entry into the body and the possibility of synergism with other chemicals used or other risks at work);
L) ecological information;
M) Information on disposal of the product;
N) Iinformaciones on transport;
O) regulatory information;
P) other information (including the date of preparation of the safety data sheet).
2) The names or concentrations of the ingredients referred to in paragraph b) of subparagraph 1) of this paragraph may be omitted in the safety data sheet where they constitute confidential information in accordance with Article 1, paragraph 2 b) of the Convention. In accordance with paragraph 5 of the Recommendation, the information should be disclosed upon request in writing to the competent authority, employers, workers and representatives of the workers who agree to use the information only for the in order to protect the safety and health of workers no longer disclose it.
III. RESPONSIBILITIES OF EMPLOYERS Surveillance exposure
11.1) Where workers are exposed to hazardous chemicals, the employer should be required to:
a) limit exposure to these products to protect the health of workers;
B) Evaluate and monitor the concentration of chemicals in airborne workplace and, if necessary, keep a record of these measurements.
2) Workers and their representatives and the competent authority should have access to these records.
3) Employers should keep the records provided in this paragraph during the period determined by the competent authority.
OPERATIONAL CONTROL WITHIN THE WORKPLACE
12.1) Employers should take measures to protect workers from the dangers arising from the use of chemicals at work; These measures should be based on criteria established in accordance with paragraphs 13 to 16.
2) In accordance with the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, adopted by the Governing Body of the International Labour Office work, a national or multinational enterprise with more than one establishment should take, without discrimination, security measures to prevent and control health risks due to occupational exposure to hazardous chemicals and to protect workers against those risks in all its establishments, regardless of the place or country in which they are.
13. The competent authority should ensure that criteria are established to safely use hazardous chemicals; These criteria should take into account, as appropriate:
a) The risk of acute or chronic diseases due to entry into the body by inhalation, skin absorption or ingestion;
B) The risk of injury or illness in case of contact with skin or eyes;
C) The risk of injury from fire, explosion or other events resulting from physical properties or chemical reactivity;
D) The precautions to be taken:
i) the choice of chemicals that eliminate or minimize such risks;
Ii) the choice of processes, technology and installations that eliminate or minimize such risks;
Iii) use and proper maintenance of engineering control measures;
Iv) Adopting systems and work methods that eliminate or minimize such risks;
V) Taking appropriate personal hygiene and providing adequate santiarias facilities;
Vi) the provision, maintenance and ensuring the use of personal protective equipment and adequate, at no cost to workers protective clothing where the above measures have not proved sufficient to eliminate such risks;
Vii) Using signs and notices;
Viii) Getting ready to deal adequately emergencies.
14. The competent authority should ensure that criteria are established to safely store hazardous chemicals; these criteria should include, as appropriate, provisions on:
a) Compatibility and separate storage of chemicals;
B) The properties and amount of chemicals to be stored;
C) Safety and location of stores, and access to them;
D) construction, nature and integrity of storage containers;
E) The loading and unloading of containers;
F) The labeling requirements and relabelling;
G) Precautions to be taken against accidental release, fire, explosion and chemical reactivity;
H) temperature, humidity and ventilation;
I) precautions and procedures in case of spillage;
J) procedures in an emergency;
K) possible physical and chemical changes in stored chemicals.
15. The competent authority should ensure that criteria are established in conformity with national and international transport regulations for the safety of workers involved in the transport of dangerous chemicals; These criteria should take into account, as appropriate:
a) the properties and quantity of chemicals to be transported;
B) the nature integrity and protection of packagings and containers used in transport, including pipelines;
C) the characteristics of the vehicle used for transport;
D) the routes to be followed;
E) the training and qualifications of transport workers responsible;
F) labeling requirements;
G) loading and unloading;
H) how to proceed in case of spills.
16.1) The competent authority should ensure that criteria consistent with national and international regulations on the disposal of hazardous waste regarding the procedures to be followed for the disposal and treatment of hazardous waste and hazardous chemicals are established in order to ensure the safety of workers in them.
2) These criteria should include provisions covering, as applicable:
a) the method of identification of waste;
B) the handling of contaminated containers;
C) the identification, construction, nature, integrity and protection of waste containers;
D) the effects on the environment of work;
E) the demarcation of disposal areas;
F) the provision, maintenance and use of personal protective equipment and protective clothing;
G) methods of disposal or treatment.
17. The criteria established in accordance with the Convention and Recommendation chemicals should be as consistent as possible with the protection of the general public and the environment and the criteria established for that purpose.
MEDICAL SURVEILLANCE 18.1) the employer or the competent authority should be required under national law and practice, by a method consistent with national law and practice, such medical surveillance of orkers necessary :
a) to evaluate the health of workers regarding the risks arising from their exposure to chemicals;
B) to diagnose illnesses and injuries at work due to exposure to hazardous chemicals.
2) When the results of tests and medical examinations reveal clinical or preclinical effects, measures should be taken to prevent or reduce exposure of the workers concerned and to prevent further deterioration of their health.
3) The results of medical examinations should be used to determine health status with respect to exposure to chemicals, and in no way discriminatory purposes to workers.
4) Records of medical surveillance of workers should be kept for a period of time and by persons determined by the competent authority.
5) Workers should have access to their own medical records, either personally or through their own physicians.
6) the confidentiality of personal medical records should be respected in accordance with generally accepted principles of medical ethics.
7) The results of medical examinations should be clearly explained to the workers concerned.
8) Workers and their representatives should have access to studies from medical records, if they do not individually identify the workers.
9) The results of medical records should be made available to prepare appropriate health statistics and epidemiological studies, provided anonymity is maintained, where this may aid in the recognition and control of occupational diseases.
EMERGENCY FIRST AID AND 19. In accordance with the provisions established by the competent authority it should require employers to provide procedures (including means for dispensing first aid) to act in emergencies and accidents resulting from the use of hazardous chemicals at work, and ensure that workers are trained in such procedures.
COOPERATION 20. Employers and workers and their representatives should cooperate as closely as possible in the implementation of the measures prescribed in accordance with Recommendation.
21. Workers should be required to:
a) to ensure, as far as possible, for their own safety and health and the safety and health of other persons who may be affected by their acts or omissions at work, under the training and with instructions given by their employer;
B) use properly all means available for their protection or that of others;
C) report forthwith to their supervisor any situation which they believe could present a risk, and which they can not properly deal with themselves.
22. The advertising material concerning hazardous chemicals intended for use at work should call attention to the dangers posed and the need to take precautions.
23. Suppliers should, on request, provide employers with such information that is available and necessary for the evaluation of any unusual hazards which might result from a particular use of a chemical at work.
V. WORKERS 'RIGHTS
24.1) Workers and their representatives should have the right to:
a) obtain the employer's safety data sheet and other information enabling them to take adequate precautions, in cooperation with the employer, to protect workers against the risks from the use of hazardous chemicals at work;
B) request the employer or the competent authority conducting research on the potential risks associated with the use of chemicals at work, and participate in such investigations.
2) When the information requested is confidential in accordance with Article 1, paragraph 2, b), and Article 18, paragraph 4 of the Convention, employers may require the workers or their representatives to limit their use to assessment and prevention of potential risks associated with the use of chemicals at work, and take reasonable steps so that this information is not disclosed to potential competitors measures.
3) In accordance with the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, multinational enterprises should make the workers concerned, representatives of workers, to the competent authority and the organizations of employers and workers in all countries in which they operate, on request, information about the rules and procedures regarding the use of hazardous chemicals relevant to their local operations, which they observe in other countries.
25.1) Workers should have the right:
a) of alert, their representatives, the employer or the competent authority about the potential dangers that may arise from the use of chemicals at work;
B) to remove themselves from danger resulting from the use of chemicals when they have reasonable grounds to believe that there is a serious and imminent risk to their safety or health, and should inform their supervisor immediately;
C) if their health status increases the risk of damage, for example by raising a hazardous chemical, to be held in an alternative job that does not require the use of this product, if available of such work and that the workers concerned have the qualifications or can reasonably be trained for such alternative work;
D) obtain compensation if the case referred to in paragraph preceding loses his job;
E) to adequate medical treatment and compensation for injuries and diseases resulting from the use of chemicals at work.
2) workers from danger in accordance with the provisions of paragraph b) of subparagraph 1) or who exercise any of their rights under this Recommendation should be protected against undue consequences act.
3) Where workers have removed themselves from danger in accordance with the provisions of paragraph b) of subparagraph 1), employers, in cooperation with workers and their representatives, should immediately investigate the risk and take all measures corrective may be necessary.
4) If pregnant or breastfeeding, workers should have the right to alternative work not involving exposure to hazardous chemicals to the health of the fetus or infant, or use, where such work is available and the right to return to their previous jobs at the right time.
26. Workers should receive:
a) information on the classification and labeling of chemicals and safety data sheet in a form and language that is easily understood.
B) Information on risks which may involve use of hazardous chemicals in their work;
C) written or oral instructions based on the safety data sheet and, if necessary, specific to the workplace;
D) Training and, if necessary, retraining in the methods of prevention and control of such risks available as well as on methods to protect against them, including correct methods of storage, transport and disposal, and as emergency and first aid.
Certified true copy and complete the Spanish text,
by the Director General of the International Labour Office.
The Legal Adviser, International Labour Office,
Public Power Executive Branch - President of the Republic
Santafe de Bogota, DC. Approved
. Sométese for consideration by the honorable
National Congress for Constitutional effects.
(. Signed) César Gaviria Trujillo
The Minister of Foreign Affairs,
RUBIO Noemi Sanin DECREES:
ARTICLE 1o. Apruébanse the "Convention No. 170 and Recommendation No. 177 on the safe use of chemicals at work, adopted by the 77th Session of the General Conference of the International Labour Organisation." Geneva, 1990. | Article 2. ||. In accordance with the provisions of article 1. 7a Act. 1974, the "Convention No. 170 and Recommendation No. 177 on Safety in the Use of Chemicals at Work, adopted by the 77th. Meeting of the General Conference of the ILO", Geneva 1990, the article 1 of this Act are passed, they will force the country from the date the international bond in respect thereof is perfected.
ARTICLE 3o. This Law governs from the date of publication.
Republic of Colombia - National Government
Contact published and complied.
After review by the Constitutional Court
accordance with Article 241-10
of the Constitution.
Given in Bogota, DC, two (2) days
of July in 1993 (1993)
The President of the honorable Senate, TITO
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
Hnorable The President of the House of Representatives,
CÉSAR PÉREZ GARCÍA.
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
César Gaviria Trujillo Minister of Foreign Affairs, Noemi Sanin
The Minister of Labour and Social Security,
Luis Fernando Ramírez.