LAW 378 1997
Official Gazette No. 43081 of July 11, 1997
Through which the "Convention number 161 on health services approved in the work "adopted by the 71st Session of the General Conference of the International Labour Organization, ILO, Geneva, 1985. Summary
THE CONGRESS OF THE REPUBLIC DECREES
having regard to the text of the "Convention number 161 on health services at work" adopted by the 71st Session of the General Conference of the International Labour Organization, Geneva, 1985.
(to be transliterated: copy of the full text of that instrument, duly authenticated by the chief in charge of the Legal Office of the Ministry of Foreign Affairs attached). INTERNATIONAL LABOUR CONFERENCE
Convention 161 "CONVENTION ON HEALTH SERVICES AT WORK"
The General Conference of the International Labour Organisation
convened at Geneva by the Governing Body of the International Labour Office, and having met in that city on June 7, 1985 at its seventy-first meeting;
Given that the protection of workers against disease, whether or not professional, and against occupational accidents is one of the tasks assigned to the International Labour Organization by its Constitution;
Recalling international conventions and recommendations in the field of labor, especially the recommendation on the protection of the health of workers, 1953; the recommendation on occupational medicine services, 1959; the Convention on the workers' representatives 1971, and the Convention and Recommendation on Safety and Health, 1981, which establish the principles of national policy and action at the national level;
Having decided upon the adoption of certain proposals concerning health services work in question is the fourth item of rden day of the meeting, and
Having determined that these proposals shall take the form of an agreement international adopts date of June 26 in 1985, this Convention, which may be cited as the Convention on health services, 1985:
PART I. PRINCIPLES OF NATIONAL
POLICY ARTICLE 1o. For the purposes of this Convention:
a) The term "health services at work" means a preventive and with essentially responsible for advising the employer, workers and their representatives in the company about service functions: | || i) the requirements for establishing and maintaining a safe work environment and healthy which will facilitate optimal physical and mental health in relation to work;
Ii) The adaptation of work to the capabilities of workers in light of their physical and mental health;
B) The ®representantes expression of workers in the undertaking means persons who are recognized as such under national legislation or practice.
. In light of national conditions and practice and in consultation with employers' organizations and most representative workers, where they exist, each Member shall formulate, implement and periodically review a coherent national policy on health services at work.
1. Each Member undertakes to develop progressively occupational health services at work for all workers, including public sector and the members of production cooperatives in all branches of economic activity and all enterprises. The provisions made should be adequate and appropriate to the specific risks that prevail in business.
2. When they can not immediately be established health services at work for every business, every member concerned shall draw up plans for the establishment of such services in consultation with employers' organizations and most representative workers, where they exist.
3. Each Member concerned shall indicate, in the first report on the implementation of the Convention submitted under article 22 of the Constitution of the International Labour Organization, the plans prepared in accordance with paragraph 2 of this Article, and indicate in subsequent reports any progress in their application.
. The competent authority shall consult the organizations of employers and most representative workers, where they exist, on the measures to be taken to give effect to the provisions of this Convention.
The 5th ARTICLE. Without prejudice to the responsibility of each employer for the health and safety of workers in his employment, and given the need for workers to participate in health and safety at work, health services at work should ensure the following functions as are adequate and appropriate to the risks of the company for health at work:
a) Identification and assessment of risks that may affect health in the workplace;
B) Monitoring of environmental factors of work and working practices which may affect workers' health, including sanitary installations, canteens and housing where these facilities are provided by the employer;
C) advice on planning and organization of work, including the design of workplaces, on the choice, maintenance and condition of machinery and equipment and on substances used in work;
D) Participation in the development of programs for the improvement of working practices as well as testing and evaluation of new equipment, in relation to health;
E) Advice on health, safety and hygiene at work and ergonomics, as well as in equipment for individual and collective protection;
F) Monitoring of workers' health in relation to work;
G) Promoting the adaptation of work to the workers;
H) Assistance for the adoption of measures of vocational rehabilitation;
I) Collaboration in the dissemination of information, training and education on health and hygiene and ergonomics;
J) Organization of first aid and emergency care;
K) participation in analysis of occupational accidents and occupational diseases.
PART III. ORGANIZATION
. For the establishment of health at work provisions should be adopted:
a) through legislation;
B) collective agreements or other agreements between employers and workers concerned; or
c) In any other manner approved by the competent authority, after consultation with the representative organizations of employers and workers concerned.
1. Health services at work can be organized, as appropriate, such as services for a single company or common to several enterprises.
2. In accordance with national conditions and practice, occupational health services may be organized by:
a) Companies or groups of undertakings concerned;
B) public authorities or official services;
C) social security institutions;
D) any other bodies authorized by the competent authority;
E) A combination of any of the above formulas;
. The employer, workers and their representatives, where they exist, shall cooperate and participate in the implementation of measures relating to the organization and other aspects of health services at work, on an equitable basis.
1. In accordance with national law and practice, occupational health services should be multidisciplinary. The composition of the personnel shall be determined depending on the nature of the tasks to be performed.
2. Health services at work perform their duties in cooperation with other departments in the company.
3. In accordance with national law and practice, steps should be taken to ensure adequate cooperation and coordination between health services at work and, where appropriate, with other services involved in the granting of benefits relating to health.
ARTICLE 10. The personnel providing health services at work shall enjoy full professional independence both from the employer and employees and their representatives, where they exist, in relation to the functions listed in Article 5th.
Article 11. The competent authority shall determine the qualifications required for the personnel to provide health services at work, depending on the nature of the functions to be performed and in accordance with national law and practice.
Article 12. Monitoring the health of workers in relation to work shall not mean for them any loss of income, should be free and, as far as possible during working hours.
ARTICLE 13. All workers should be informed of the health risks involved in their work.
Article 14. The employer and the workers should inform health services in the work of any known factors and any suspected factors in the working environment which may affect the health of workers.
Article 15. Health services at work must be informed of cases of illness among workers and absence from work for health reasons, in order to identify any relationship between the causes of illness or absence and health risks that may arise in the workplace. Employers should not instruct the staff of health services at work to verify the reasons for absence from work. PART V.
ARTICLE 16. Once established health services at work, national legislation shall designate the authority or authorities responsible for supervising the operation of and for advising.
Article 17. The formal ratifications of this Convention shall be communicated for registration, the Director General of the International Labour Office.
1. This agreement 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 by the CEO.
3. Thereafter, this Convention shall enter 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, the Director General of the International Labour Office Work. 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 that, 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.
Article 20. The Director General of the International Labour Office shall notify all Members of the International Labour Organisation registration of all ratifications and denunciations communicated to him by 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 draw the attention of the members of the Organisation to the date on which comes into effect this agreement.
Article 21. 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 information on ratifications and acts of denunciation registered in accordance with the preceding articles.
ARTICLE 22. 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 imply, ipso jure the immediate denunciation of this Convention, notwithstanding the provisions of Article 19, provided that the new revising Convention has entered into force;
B) From the date of entry into force of the new revising Convention, the present Convention shall cease to be open to ratification by members.
2. This agreement shall remain in force in any case, in its actual form and content for those Members which have ratified and not ratified the revising Convention.
Article 24. The English and French versions of the text of this Convention are equally authoritative "
The Chief signed
charge of the Legal Office of the Ministry of Foreign Affairs DECLARES
That this reproduction is faithful copy taken from the certificate text of the "Convention number 161 on Health Services at Work" adopted by the 71st Session of the General Conference of the International Labour Organization - ILO, Geneva , in 1985 (1985), a document that is on file in the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, to
nineteen (19) days of March
of in 1996 (1996).
The Chief Legal Office (E)
SONIA PEREIRA PORTILLA. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC
Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes.
(Sgd.) Ernesto Samper Pizano
The Minister of Foreign Affairs,
(Sgd.) RODRIGO GARCIA-PARDO PEÑA. DECREES
ARTICLE 1o. Approval of the "Convention number 161 Health Services at Work" adopted by the 71st session of the General Conference of the International Labour Organization, Geneva 1985. Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "number 161 on Health Services at Work Convention", adopted by the 71st session of the General Conference of the International Labour Organization, Geneva 1985, that article 1. this law passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3o. This law applies from the date of publication.
The President of the honorable Senate,
LUIS FERNANDO LONDOÑO CAPURRO.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
GIOVANNI LAMBOGLIA MAZZILLI.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Prior review
Constitutional Court, pursuant to Article
241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on July 9, 1997.
Ernesto Samper Pizano Minister of Foreign Affairs, EMMA MEJIA VELEZ MARIA
The Minister of Labour and Social Security,
IVAN MORENO NESTOR ROJAS.