1997 378 ACT
Official Journal, No. 43,081 of 11 July 1997
By means of which the "Convention number 161, on health services at work" adopted by the 71st Meeting of the General Conference of the International Labour Organization, ILO, Geneva, 1985, is approved.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Convention No. 161 on Health Services at Work" adopted by the 71st General Conference of the International Labour Organization, Geneva, 1985.
(To be transcribed: photocopies of the full text of the International Instrument mentioned, duly authenticated by the head of the Legal Office of the Ministry of Foreign Affairs).
INTERNATIONAL WORK CONFERENCE
"CONVENTION ON HEALTH SERVICES AT WORK"
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 June 7, 1985 at its seventh meeting;
Taking into account that the protection of workers against diseases, whether or not they are professional, and against accidents at work is one of the tasks assigned to the International Labour Organization by its Constitution;
recalling the international conventions and recommendations of the work in the field, and in particular the recommendation on the protection of workers ' health, 1953; the recommendation on the medical services of work, 1959; the Convention on Workers ' Representatives 1971, and the Convention and the Recommendation on Safety and Health of Workers, 1981, which lay down the principles of national policy and action at national level;
After having decided to adopt various propositions concerning health services in the work question that constitutes the fourth point of the meeting day, and
After having decided that these proposals are in the form of an international convention, it adopts with date twenty-six of June of one thousand nine hundred and eighty-five, this Convention, which may be cited as the Convention on Services of health at work, 1985:
PRINCIPLES OF A NATIONAL POLICY
ARTICLE 1o. For the purposes of this Convention:
(a) The expression "health services at work" means services which are primarily preventive and responsible for advising the employer, the workers and their representatives in the enterprise about:
i) The necessary requirements for establishing and maintaining a safe and sound working environment conducive to optimal physical and mental health in relation to work;
(ii) The adaptation of work to the capacity of workers, taking into account their state of physical and mental health;
b) The expression ® representatives of workers in the company ¯ designates persons recognized as such under national law or practice.
ARTICLE 2o. In the light of national conditions and practice and in consultation with the most representative employers 'and workers' organizations, where they exist, any member shall formulate, apply and to review regularly a coherent national policy on health services at work.
1. Every member undertakes to progressively establish health services at work for all workers, including those in the public sector and members of production cooperatives, in all branches of economic activity and in all companies. The provisions adopted should be appropriate and appropriate to the specific risks prevailing in companies.
2. Where health services cannot be immediately established at work for all undertakings, any member concerned shall draw up plans for the establishment of such services, in consultation with employers 'and employers' organisations. more representative workers, where they exist.
3. Any member concerned shall indicate, in the first report on the application of the Convention which he submits pursuant to Article 22 of the Constitution of the International Labour Organization, the plans he has drawn up in accordance with the 2 of this Article, and shall state in subsequent memories any progress made in its implementation.
ARTICLE 4. The competent authority shall consult the most representative employers 'and workers' organizations, where they exist, on the measures to be taken to give effect to the provisions of this Convention.
ARTICLE 5o. Without prejudice to the responsibility of each employer with regard to the health and safety of workers to whom it employs and taking into account the need for workers to participate in health and safety at work, health services at work must ensure the following functions that are appropriate and appropriate to the company's risks to health at work:
(a) Identification and assessment of risks that may affect health in the workplace;
(b) Monitoring of work environment factors and working practices that may affect the health of workers, including health facilities, dining rooms and accommodation, where such facilities are provided by the employer;
(c) Advice on the planning and organisation of work, including the design of workplaces, on the selection, maintenance and status of machinery and equipment and on the substances used at work;
d) Participation in the development of programs for the improvement of work practices, as well as in the testing and evaluation of new equipment, in relation to health;
e) Advice on health, safety and hygiene at work and ergonomics, as well as on individual and collective protective equipment;
f) Surveillance of workers ' health in relation to work;
g) Promoting the adaptation of work to workers;
h) Assistance for the adoption of professional rehabilitation measures;
i) Collaboration in the dissemination of information, in training and education in health and hygiene at work and ergonomics;
j) Organization of first aid and emergency care;
(k) participation in the analysis of accidents at work and occupational diseases.
ARTICLE 6o. For the establishment of health services at work, provisions must be adopted:
a) By the legislative path;
b) By collective agreements or other agreements between employers and workers concerned; or
(c) In any other manner as agreed by the competent authority, after consultation with representative organisations of employers and workers concerned.
1. Health services at work can be organised, as the case may be, as services for a single company or as services common to several companies.
2. In accordance with national conditions and practice, health services at work may be organised by:
a) The companies or groups of companies involved;
b) Public authorities or official services;
c) Social security institutions;
d) Any other body empowered by the competent authority;
e) A combination of any of the above formulas;
ARTICLE 8. 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 in the on a fair basis.
1. In accordance with national legislation and practice, health services at work should be multidisciplinary. The composition of the staff must be determined according to the nature of the tasks to be performed.
2. Health services at work must fulfil their duties in cooperation with other services in the enterprise.
3. In accordance with national legislation and practice, measures should be taken to ensure appropriate cooperation and coordination between health services at work and, where appropriate, with other services involved in the work. the granting of benefits in respect of health.
ARTICLE 10. Staff providing health services at work shall enjoy full professional independence both with regard to the employer and the workers and their representatives, where they exist, in relationship to the functions stipulated in article 5or.
ARTICLE 11. The competent authority shall determine the qualifications required of the staff to provide health services at work, in accordance with the nature of the duties to be performed and compliance with national law and practice.
ARTICLE 12. The health surveillance of workers in relation to work should not mean for them any loss of income, it should be free and, as far as possible, during the working hours.
ARTICLE 13. All workers must be informed of the health risks associated with their work.
ARTICLE 14. The employer and the workers must inform the health services in the work of any known factor and of any suspicious factor of the working environment that may affect the health of the workers.
ARTICLE 15. Health services at work must be informed of cases of illness among workers and of work absences for health reasons, in order to be able to identify any the relationship between the causes of illness or absence and the health risks that may arise in the workplace. Employers should not commission health services personnel at work to verify the causes of the absence of work.
ARTICLE 16. Once health services are established at work, national legislation must designate the authority or authorities responsible for monitoring its operation and advising them.
ARTICLE 17. The formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office for registration.
1. This convention shall only bind those members of the International Labour Organization whose ratifications the Director General has registered.
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 point on, this Convention shall enter into force for each member twelve months after the date of its ratification.
1. Any member who has ratified this agreement may denounce it at the expiration of a period of ten years, from the date on which it was initially put into effect, by means of a communicated act, for registration, to the Director-General of the International Labour Office. 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 For a further period of 10 years, the Convention may be terminated at the end of each 10-year period, subject to 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 Organization of the registration of all ratifications, declarations and complaints. communicate to the members of the organization.
2. When 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.
ARTICLE 21. 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 the ratifications, statements and reports of denunciation that you have recorded in accordance with the preceding articles.
ARTICLE 22. Each time you deem it necessary, the Board of Directors of the International Labour Office shall present to the Conference a report on the implementation of the Convention, and shall consider the the question of whether the whole or partial revision of the conference should be included on the agenda.
1. In case the Conference adopts 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 agreement will entail, ipso jure, the immediate denunciation of this agreement, notwithstanding the provisions contained in article 19, provided that the new convention reviewer 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 continue in force in any event, in its present form and content, for the members who have ratified it and do not ratify the Convention.
ARTICLE 24. The English and French versions of the text of this convention are equally authentic. "
The Chief Officer in charge of the Office
Legal of the Ministry of Foreign Affairs.
That the present reproduction is faithful photocopy taken from the certified text of the "Convention number 161, on Health and Work Services", adopted by the 71st Meeting of the General Conference of the International Labour Organization- ILO, Geneva, one thousand nine hundred and eighty-five (1985), a document that rests in the archives of the Legal Office of this Ministry.
Dada en Santa Fe de Bogotá, D. C., a
the nineteen (19) days of the month of March
of a thousand nine hundred and ninety-six (1996).
Chief Legal Officer (E),
SONIA PEREIRA PORTILLA.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C.
Approved. Submit to consideration
of the honorable National Congress for
the constitutional effects.
(Fdo.) ERNESTO SAMPER PIZANO
The Foreign Minister,
(Fdo.) RODRIGO PARDO GARCIA-PENA.
ARTICLE 1o. Approve the "Convention number 161 on Health Services at Work", adopted by the 71st meeting of the General Conference of the International Labour Organization, Geneva 1985.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Convention number 161 on Health Services at Work", adopted by the 71st meeting of the General Conference of the International Labour Organization, Geneva 1985, which was adopted by Article 1. of this law will be approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law applies as of the date of its publication.
The President of the honorable Senate of the Republic,
LUIS FERNANDO LONDONO CAPURRO.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
GIOVANNI LAMBOGLIA MAZZILLI.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Contact and post.
Execute previous Court review
Constitutional, according to the article
241-10 of the Political Constitution.
Dada en Santa Fe de Bogotá, D. C., a july 9 de 1997.
ERNESTO SAMPER PIZANO
The Foreign Minister,
MARIA EMMA MEJIA VELEZ.
The Minister of Labour and Social Security,
NESTOR IVAN MORENO ROJAS.