Key Benefits:
1998 ACT 436
(February 7)
Official Journal No. 43,241 of 19 February 1998
By means of which Convention 162 on the Use of Asbestos in Conditions of Safety is adopted, adopted in the 72a. Meeting of the General Conference of the International Labour Organization, Geneva 1986.
THE CONGRESS OF COLOMBIA,
Having regard to the text of "Convention 162 on the Use of Asbestos in Safety Conditions", adopted in the 72a. Meeting of the General Conference of the International Labour Organization, Geneva 1986.
(To be transcribed: attached photocopy 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 Labour Conference
Convention 162
" Convention on the Use of Asbestos
under security conditions
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 4, 1986 at its seventh meeting;
recalling the relevant international conventions and recommendations of the work, in particular the Convention and the Recommendation on Professional Cancer, 1974; the Convention and the Recommendation on the Working Environment (Pollution of the air, 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 and the list of occupational diseases, as it was revised in 1980, annexed to the Convention on benefits in the event of accidents at work and occupational diseases, 1964, as well as the Directory of practical recommendations on safety in the use of asbestos, published by the International Labour Office in 1984, which lay down the principles of national policy and of action at national level;
After having decided to adopt various proposals concerning the safety of asbestos use, which is the fourth item on the agenda of the meeting, and
Having decided that these proposals are in the form of an international convention, it adopts, with the date of 24 June of a thousand nine hundred and eighty-six, the present Convention, which may be cited as the Convention on Asbestos, 1986.
APPLICATION FIELD AND DEFINITIONS
1. This Convention applies to all activities in which workers are exposed to asbestos in the course of their work.
2. After consultation with the most representative organisations of employers and workers concerned, and on the basis of an assessment of the risks to health and safety measures applied, any Member ratifying the present The Convention may exclude certain branches of economic activity or certain undertakings from the application of certain provisions of the Convention, where it deems it unnecessary to apply them to such sectors or undertakings.
3. When deciding on the exclusion of certain branches of economic activity or of certain undertakings, the competent authority shall take into account the frequency, duration and level of exposure, as well as the type of work and the conditions reiners in the workplace.
ARTICLE 2o. For the purposes of this Convention:
(a) The term "asbestos" means the fibrous form of the mineral silicates belonging to the groups of metamorphic rocks of the serpentines, that is, chrysotile (white asbestos), and of amphibolites, that is, actinolite, amosite (pardo asbestos, cummingtonita-grunerite), antophilite, crocidolite (blue asbestos), tremolite or any mixture containing one or more of these minerals;
(b) The expression "asbestos dust" means the asbestos particles in the air or the particular asbestos deposited that can be displaced and remain suspended in the air in the workplaces;
(c) The expression "asbestos dust in the air" means, for the purpose of measurement, dust particles measured by gravimetric assessment or other equivalent method;
(d) The expression "breathable asbestos fibres" means asbestos fibres whose diameter is less than three microns and whose length and diameter ratio is greater than 3:1; in the measurement, only the length fibres shall be taken into account greater than five microns;
e) The expression "asbestos exposure" means an exposure at work to breathable asbestos fibres or asbestos dust in the air, originating from asbestos or from minerals, materials or products containing asbestos;
f) The expression "workers" encompasses members of production cooperatives;
g) The expression "representatives of the workers" means the representatives of the workers recognized as such by national legislation or practice, in accordance with the Convention on Workers ' Representatives, 1971.
GENERAL PRINCIPLES
1. National legislation shall prescribe the measures to be taken to prevent and control health risks due to occupational exposure to asbestos and to protect workers against such risks.
2. National legislation adopted pursuant to paragraph 1. This Article shall be reviewed regularly in the light of technical progress in the development of scientific knowledge.
3. The competent authority may allow temporary derogations from the measures prescribed in accordance with paragraph 1. of this Article, under the conditions and within the time limits fixed after consultation with the most representative organisations of employers and workers concerned.
4. Where the competent authority permits derogations in accordance with paragraph 3. This Article shall ensure that the necessary precautions are taken to protect the health of workers.
ARTICLE 4. The competent authority shall consult the most representative employers 'and workers' organizations on the measures to be taken to give effect to the provisions of this Convention.
1. Compliance with the legislation adopted in accordance with Article 3o. of this Convention shall be ensured by means of a sufficient and appropriate inspection system.
2. National legislation shall provide for the necessary measures, including appropriate sanctions, to ensure the effective implementation and enforcement of the provisions of this Convention.
1. Employers shall be responsible for the enforcement of the prescribed measures.
2. Where two or more employers simultaneously carry out activities in the same place of work, they shall cooperate in the application of the prescribed measures, without prejudice to the responsibility for the health and safety of each of them. its own workers. In appropriate cases, the competent authority shall prescribe the general arrangements for such collaboration.
3. Employers must prepare in collaboration with the health and safety services of workers, after consultation with the representatives of the workers concerned, the provisions to be applied in emergency situations.
ARTICLE 7o. Within the limits of its liability, workers must be required to observe the prescribed safety and hygiene slogans to prevent and control the risks involved in the occupational exposure to asbestos, as well as to protect against such risks.
ARTICLE 8o. Employers and workers or their representatives shall collaborate as closely as possible, at all levels in the enterprise, in the application of the measures prescribed in accordance with the present convention.
PREVENTION AND PROTECTION MEASURES
ARTICLE 9o. The national legislation adopted in accordance with Article 3o. This Convention shall provide for the prevention or control of exposure to asbestos by one or more of the following measures:
(a) Submit any work in which the worker may be exposed to asbestos to provisions that prescribe appropriate technical measures of prevention and working practices, including hygiene in the workplace;
b) Establish special rules and procedures, including authorizations, for the use of asbestos or certain types of asbestos or certain products containing asbestos or for certain work processes.
ARTICLE 10. When necessary to protect workers ' health and is technically possible, national legislation must establish one or more of the following measures:
(a) Where possible, the replacement of asbestos, or certain types of asbestos or certain products containing asbestos, by other materials or products or the use of alternative technologies, scientifically recognised by the competent authority as harmless or less harmful;
(b) The total or partial prohibition of the use of asbestos or certain types of asbestos or certain products containing asbestos in certain work processes.
1. The use of crocidolite and products containing this fibre should be prohibited.
2. The competent authority shall be empowered, after consultation with the most representative organisations of employers and workers concerned, to allow derogations from the prohibition provided for in paragraph 1. of this Article where substitution is not reasonable and practicable, provided that measures are taken to ensure that the health of workers is not at risk.
1. The spraying of all forms of asbestos must be prohibited.
2. The competent authority shall be empowered, after consultation with the most representative organisations of employers and workers concerned, to allow derogations from the prohibition provided for in paragraph 1. of this Article, where alternative methods are not reasonable and feasible, provided that measures are taken to ensure that the health of workers is not at risk.
ARTICLE 13. National legislation should provide for employers to notify in the form and with the extent prescribed by the competent authority certain types of work involving an exposure to the asbestos.
ARTICLE 14. Incumbira to the producers and to the asbestos suppliers, as well as to the manufacturers and suppliers of products containing asbestos, the responsibility to roll enough the packaging and, where necessary, the products, in a language and in a manner easily understood by the workers and the users concerned, in accordance with the requirements laid down by the competent authority.
1. The competent authority shall prescribe limits for the exposure of workers to asbestos or other exposure criteria for the assessment of the working environment.
2. The exposure limits or other exposure criteria shall be set and revised and regularly updated in the light of technological developments and the development of technical and scientific knowledge.
3. In all workplaces where workers are exposed to asbestos, the employer must take all appropriate measures to prevent or control the removal of asbestos dust in the air and to ensure that the asbestos dust is observed. exposure limits or other exposure criteria, as well as to reduce exposure to the lowest level that is reasonable and feasible to achieve.
4. Where the measures taken pursuant to paragraph 3. This Article is not sufficient to limit the degree of exposure to asbestos from the specified limits or do not conform to other exposure criteria set out in the application of paragraph 1. of this Article, the employer shall provide, maintain and, if necessary, replace, without incurring costs for the workers, the appropriate respiratory protective equipment and special protective clothing, where appropriate. The respiratory protection equipment shall be in accordance with the rules laid down by the competent authority and shall be used only on a complementary, temporary, emergency or exceptional basis and never in place of technical control.
ARTICLE 16. Each employer shall establish and apply, under its own responsibility, practical measures for the prevention and control of the exposure of its workers to asbestos and for the protection of These are against the risks due to asbestos.
1. Demolition of installations or structures containing friable insulating materials based on asbestos and the removal of asbestos from buildings or buildings where there is a risk that asbestos may be suspended in the air, only may be undertaken by employers or contractors recognised by the competent authority as being qualified to carry out such work in accordance with the provisions of this Convention and have been empowered to do so.
2. Before undertaking the demolition work, the employer or contractor shall draw up a work plan specifying the measures to be taken, including those for:
a) Provide all necessary protection to workers;
b) Limit asbestos dust shedding in the air;
(c) Prevent the disposal of asbestos-containing waste in accordance with Article 19 of this Convention.
3. Workers or their representatives shall be consulted on the work plan referred to in paragraph 2. of this Article.
1. Where asbestos dust may contaminate workers ' personal clothing, the employer shall, in accordance with national legislation and after consultation with the representatives of the workers, provide adequate working clothes which do not will be used outside the workplace.
2. The handling and cleaning of work clothes and special protective clothing shall, after their use, be carried out under conditions under control, in accordance with the requirements of the competent authority, in order to avoid The removal of asbestos dust in the air.
3. National legislation should prohibit workers from bringing work clothes, special protective clothing and personal protective equipment into their homes.
4. The employer shall be responsible for the cleaning, maintenance and deposit of work clothes, special protective clothing and personal protective equipment.
5. The employer must make available to workers exposed to asbestos facilities where they can be washed, bathed or showered in workplaces, as appropriate.
1. In accordance with national legislation and practice, the employer must remove asbestos-containing waste in such a way that there is no risk to the health of the workers concerned, including those handling waste. asbestos, or the population neighbouring the company.
2. The competent authority and employers shall take appropriate measures to prevent the general environment from being contaminated by asbestos dust from workplaces.
MONITORING OF THE WORKING ENVIRONMENT AND THE HEALTH OF WORKERS
1. Where necessary to protect the health of workers, the employer must measure the concentration of asbestos dust in the air at work places and monitor the exposure of workers to asbestos at intervals. determined by the competent authority and in accordance with the methods approved by the competent authority.
2. Records of the controls of the working environment and of the exposure of workers to asbestos shall be kept for a period prescribed by the competent authority.
3. Interested workers, their representatives and the inspection services shall have access to such records.
4. Workers or their representatives must have the right to apply for checks on the working environment and to challenge the results of the checks before the competent authority.
1. Workers who are or have been exposed to asbestos must be able to benefit, in accordance with national legislation and practice, from the medical examinations necessary to keep their health status on the basis of professional risk and to diagnose occupational diseases caused by exposure to asbestos.
2. The health surveillance of workers in relation to the use of asbestos should not entail any loss of income for them. Such surveillance should be free of charge and should take place, as far as possible, during working hours.
3. Workers shall be informed in an appropriate and sufficient manner of the results of their medical examinations and shall be personally advised of their health status in relation to their work.
4. Where it is not advisable from the medical point of view for permanent assignment to work involving exposure to asbestos, every effort must be made to provide the affected worker with other means of maintaining his or her income. compatible with national practice and conditions.
5. The competent authority shall draw up a system of notification of occupational diseases caused by asbestos.
INFORMATION AND EDUCATION
1. In coordination and cooperation with the most representative organisations of employers and workers concerned, the competent authority shall take appropriate measures to promote the dissemination of information and the education of all (a) people who are interested in the health risks of exposure to asbestos, as well as methods of prevention and control.
2. The competent authority shall ensure that the employer is formulated in writing of policies and procedures relating to the education and periodic training measures of workers as regards the risks arising from asbestos. and methods of prevention and control.
3. Employers shall ensure that all workers exposed to or likely to be exposed to asbestos are informed of the health risks involved in their work, are aware of the correct preventive measures and working methods and (i) receive continuing training in this respect
FINAL PROVISIONS
ARTICLE 23. The formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office for registration.
1. This Convention shall bind only those Members of the International Labour Organization 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 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 Convention may denounce it at the end of a period of 10 years from the date on which it was initially put into effect, by means of a report communicated to the Director-General of the Office. 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 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.
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.
ARTICLE 27. 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.
ARTICLE 28. Each time you deem it necessary, the Board of Directors of the International Labour Office will present to the conference a memory on the implementation of the Convention and consider the the question of whether the whole or partial revision of the conference should be included on the agenda.
1. Should the conference adopt a new Convention involving a total or partial revision of the present Convention, 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 25, provided that the new Revising Convention has entered into force;
(b) As from the date of the entry into force of the new 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 been ractified and do not ratify the Convention.
ARTICLE 30. The English and French versions of the text of this convention are equally authentic. "
The undersigned head of the Legal Office of the Ministry of Relations
Foreign
NOTES:
That the present reproduction is a faithful copy of the certified text of the "Convention 162 on the Use of Asbestos in Conditions of Safety," adopted in the 72a. Meeting of the General Conference of the International Labour Organization, Geneva 1986, which is based on the archives of the Legal Office of this Ministry.
Dada en Santa Fe de Bogotá, D. C., a twenty-nine (29) days of July of
thousand nine hundred and ninety-six (1996).
the Chief Legal Officer,
Hector Adolfo Sintura Varela.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D.C., March 19, 1996
Approved. Submit to the consideration of the honorable National Congress for the
constitutional effects.
ERNESTO SAMPER PIZANO
The Ministry of Foreign Affairs,
(Fdo.) Rodrigo Pardo Garcia-Pena.
DECRETA:
ARTICLE 1o. Approve "Convention 162 on the Use of Asbestos in Safety Conditions", adopted in the 72a. Meeting of the General Conference of the International Labour Organization, Geneva 1986.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Convention 162 on the Use of Asbestos in Safety Conditions", adopted in the 72a. Meeting of the General Conference of the International Labour Organization, Geneva, 1986, as provided for in Article 1. of this law is 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,
Amylkar Acosta Medina.
The Secretary General of the honorable Senate of the Republic,
Pedro Pumarejo Vega.
The President of the honorable House of Representatives,
Carlos Ardila Ballesteros.
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
COLOMBIA-NATIONAL GOVERNMENT
Contact and publish.
Execute previous review of the Constitutional Court, according to the article
241-10 of the Political Constitution.
Dada en Santa Fe de Bogota, D. C., on 17 February 1998.
ERNESTO SAMPER PIZANO
The Foreign Minister,
Maria Emma Mejia Velez.
The Minister of Labour and Social Security,
Carlos Bula Camacho.
