ACT 436 OF 1998
Official Gazette No. 43,241, of February 19, 1998 I
Through which Convention 162 concerning Asbestos is approved in safety "adopted in the 72nd. Session of the General Conference of the International Labour Organization, Geneva, 1986. Summary Notes
Effective CONGRESS oF COLOMBIA,
having regard to the text of the "Convention 162 concerning asbestos in safety ", adopted at the 72nd session of the General Conference of the International Labour Organization, Geneva 1986.
(to be transcribed. photocopy of the full text of that instrument is attached, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs). International Labour Conference
Convention 162 "Convention concerning asbestos
the General Conference of the Organization International Labour
convened at Geneva by the Governing Body of the International Labour Office, and having met in that city on June 4, 1986 at its seventy-second session;
Recalling international conventions and recommendations of the relevant work, in particular 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, 1981; the Convention and Recommendation on health services, 1985 and the list of occupational diseases as revised in 1980, annexed to the Convention concerning benefits in case of accidents and occupational, 1964 diseases and the code of practice on safety in the use of asbestos, published by the International Labour Office in 1984, which establish the principles of national policy and action at the national level;
Having decided upon the adoption of certain proposals concerning the safe use of asbestos, which is the fourth item on the agenda of the meeting, and
Having determined that these proposals shall take the form of a international convention, adopts June 24 of in 1986, this Convention, which may be cited as the asbestos Convention, 1986
PART I. SCOPE AND DEFINITIONS ARTICLE
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 organizations of employers and workers concerned, and based on an assessment of the risks posed to health and security measures, each Member which ratifies this Convention may exclude certain branches of economic activity or certain companies from the application of certain provisions of the Convention if it considers unnecessary application to these branches or undertakings.
3. When deciding on the exclusion of certain branches of economic activity or undertakings, the competent authority shall take into account the frequency, duration and level of exposure and the type of work and conditions in the workplace.
. For the purposes of this Convention:
a) The term "asbestos" means the fibrous form of mineral silicates belonging to the groups of metamorphic rocks of the serpentine group, ie chrysotile (white asbestos), and amphibolites , ie actinolite, amosite (brown asbestos, cummingtonite-grunerite), anthophyllite, crocidolite (blue asbestos), tremolite or any mixture containing one or more of these;
B) The term "asbestos dust" means airborne particles of asbestos in airborne or particular asbestos which are liable to become suspended in the air in workplaces;
C) The term "airborne asbestos dust in the air" means, for purposes of measurement, dust particles measured by gravimetric assessment or other equivalent method;
D) The term "respirable asbestos fibers" means asbestos fibers having a diameter less than three microns and whose length and diameter ratio greater than 3: 1; measurement, only fibers greater than five microns length is taken into account;
E) The term "exposure to asbestos" means exposure at work to respirable asbestos fibers or asbestos dust suspended in the air, originating from asbestos or from minerals, materials or products containing asbestos;
F) The term "workers" includes the members of production cooperatives;
G) The term "workers' representatives" means the workers' representatives recognized as such by national law or practice, in accordance with the Convention on the workers' representatives, 1971. PART II
. GENERAL PRINCIPLES
1. National law 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 1o. of this Article shall be periodically reviewed in the light of technical progress in the development of scientific knowledge.
3. The competent authority may permit temporary derogations from the measures prescribed under paragraph the 1st character. of this Article, under the conditions and within the deadlines set after consultation with the most representative organizations of employers and workers concerned.
4. Where the competent authority permits exceptions under the 3rd paragraph with. of this Article shall ensure that the necessary measures to protect workers' health precautions.
. The competent authority shall consult the most representative organizations of employers and workers concerned on the measures to be taken to give effect to the provisions of this Convention.
The 5th ARTICLE.
1. The observance of the legislation adopted pursuant to article 3. of this Convention shall be secured by an adequate and appropriate system of inspection.
2. The national legislation should provide the necessary measures, including appropriate penalties, to ensure effective implementation and enforcement of the provisions of this Convention.
1. Employers are responsible for compliance with the prescribed measures.
2. When two or more employers undertake activities simultaneously at one workplace, they should cooperate in implementing the prescribed measures, without prejudice to the liability of each for the health and safety of its employees. In appropriate cases, the competent authority shall prescribe general procedures for this collaboration.
3. Employers shall, in collaboration with the health and safety of workers, in consultation with representatives of the workers concerned, the provisions to be implemented in emergencies.
Article 7. Within the limits of its responsibility, it should be required workers to observe the safety and prescribed to prevent and control the risks to health professional exposure to asbestos hygiene and to protect against such risks.
. Employers and workers or their representatives should work as closely as possible at all levels in the company, in the implementation of the measures prescribed under this agreement.
PREVENTIVE MEASURES AND PROTECTION
Article 9. National legislation adopted pursuant to article 3. this Convention shall provide for the prevention or control of exposure to asbestos by one or more of the following measures:
a) making work in which the worker may be exposed to asbestos regulations prescribing prevention techniques and practices good working practices, including hygiene in the workplace;
B) Establish special rules and procedures, including authorization, 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 the health of workers and technically practicable, national laws shall establish one or more of the following measures:
a) Whenever possible, replacement of asbestos or of certain types of asbestos or certain products containing asbestos by other materials or products or the use of alternative technology, scientifically evaluated by the competent authority as harmless or less harmful;
B) total or partial ban on 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 fiber should be prohibited.
2. The competent authority shall be empowered, after consultation with the most representative organizations of employers and workers concerned, to permit derogations from the prohibition in paragraph 1o. of this Article when replacement is not reasonably practicable, provided that steps are taken to ensure that the health of workers is not placed at risk.
1. Spraying it should be prohibited all forms of asbestos.
2. The competent authority shall be empowered, after consultation with the most representative organizations of employers and workers concerned, to permit derogations from the prohibition in paragraph 1o. of this Article when alternative methods are not reasonably practicable, provided that steps are taken to ensure that the health of workers is not placed at risk.
ARTICLE 13. National legislation should provide that employers notify in the manner and to the extent prescribed by the competent authority, certain types of work involving exposure to asbestos.
Article 14. It is for the producers and suppliers of asbestos and manufacturers and suppliers of products containing asbestos, labeling sufficient responsibility for packaging and, where necessary, products in a language and in an easily understandable by workers and the users concerned, according to the prescriptions of the competent authority.
1. The competent authority shall prescribe limits for the exposure of workers to asbestos or other exposure criteria for evaluating the working environment.
2. The exposure limits or other exposure criteria shall be fixed and periodically reviewed and updated in the light of technological progress and the development of technical and scientific knowledge.
3. In all workplaces where workers are exposed to asbestos, the employer shall take all appropriate measures to prevent or control the release of asbestos dust in the air and to ensure that the exposure limits or other criteria are observed exposure and to reduce exposure to the lowest level that is reasonably practicable.
4. If the measures taken under paragraph 3o. of this Article are not sufficient to circumscribe the degree of exposure to asbestos dentr specified or do not conform to other exposure criteria set under the 1st paragraph limits. of this Article, the employer shall provide, maintain and replace if necessary, without incurring costs for workers, the respiratory protective equipment that is appropriate and special protective clothing when appropriate. The respiratory protective equipment must conform to the standards set by the competent authority and only be used with additional, temporary, emergency or exceptional and never an alternative to technical control.
ARTICLE 16. Each employer shall establish and implement, on its own responsibility, practical measures for the prevention and control of exposure of workers to asbestos and for their protection against hazards due to asbestos.
1. Demolition of plants or structures containing friable asbestos insulation materials, asbestos and the removal of asbestos from buildings or structures when there is a risk that asbestos can enter airborne, shall be undertaken only by employers or contractors who are recognized by the competent authority as qualified to carry out such work in accordance with the provisions of this Convention and have been empowered to do.
2. Before undertaking the demolition work, the employer or contractor shall prepare a work plan in which the measures to be taken are specified, including those designed to:
a) provide all necessary protection to the workers;
B) limit the release of asbestos dust in the air;
C) provide for the disposal of waste containing asbestos in accordance with Article 19 of this Convention.
3. workers or their representatives should be consulted on the work plan the 2nd paragraph refers to. of this Article.
1. When asbestos dust can contaminate the personal clothing of workers, the employer, in accordance with national legislation and consultation with workers' representatives, shall provide appropriate work clothing not worn outside the workplace.
2. The handling and cleaning of work clothing and special protective clothing after use, must be carried out in under controlled conditions, in accordance with the provisions of the competent authority, in order to prevent the release of asbestos dust in the air.
3. National legislation should prohibit workers from taking home work clothing, special protective clothing and personal protective equipment.
4. The employer is responsible for cleaning, maintenance and storage of work clothing, special clothing protection and personal protective equipment.
5. The employer shall make available to workers exposed to asbestos facilities to wash, bathe or shower at the workplace, as appropriate.
1. In accordance with national law and practice, employers shall dispose of waste containing asbestos so that any risk to the health of the workers concerned, including those handling asbestos waste does not occur, or the population neighboring the business.
2. The competent authority and the employer shall take appropriate measures to prevent the general environment is contaminated by asbestos dust released from the workplace measures.
SURVEILLANCE WORKING ENVIRONMENT AND WORKERS 'HEALTH
1. When necessary to protect the health of workers, the employer shall measure the concentration of asbestos dust suspended in the air in workplaces and monitor the exposure of workers to asbestos at intervals determined by the competent authority and in accordance with methods approved by it.
2. The records of the monitoring of working environment and exposure of workers to asbestos shall be kept for a period prescribed by the competent authority.
3. They have access to such records workers concerned, their representatives and the inspection services.
4. Workers or their representatives shall have the right to request the monitoring of the working environment and to challenge the results of the checks to the competent authority.
1. Workers who are or have been exposed to asbestos shall be provided, in accordance with national law and practice, the necessary medical tests to VIGIL their health status according to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos .
2. Monitoring the health of workers in relation to the use of asbestos should not result in any loss of income for them. Such monitoring should be free and should take place as far as possible during working hours.
3. Workers should be informed properly and sufficiently the results of their medical examinations and receive individual advice concerning their health in relation to their work.
4. When inadvisable from the medical point of view the permanent assignment to work involving exposure to asbestos should be made every effort to provide the workers concerned with other means of maintaining their income, consistent with national practice and conditions.
5. The competent authority shall develop a system of notification of occupational diseases caused by asbestos. PART V.
INFORMATION AND EDUCATION ARTICLE 22.
1. In coordination and collaboration with the most representative organizations of employers and workers concerned, the competent authority shall take appropriate measures to promote the dissemination of information and education of all concerned about the risks to health from exposure to asbestos and methods of prevention and control.
2. The competent authority shall ensure the formulation by employers, written policies and procedures relating to measures of education and periodic training of workers regarding the hazards due to asbestos and methods of prevention and control.
3. Employers should ensure that all workers exposed or potentially exposed to asbestos are informed of the health risks involved in their work, in preventive measures and correct work practices and receive continuing training in these fields.
PART VI. FINAL PROVISIONS
Article 23. 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 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 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 27. 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 28. 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 the question of its total 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 25, 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 ractificado not ratified the revising Convention.
Article 30. The English and French versions of the text of this Convention are equally authoritative "
The undersigned head of the Legal Office of the Ministry of Foreign Affairs
That this reproduction is faithful copy taken from the certificate text of the "Convention 162 concerning Asbestos in safety", adopted at the 72nd. Session of the General Conference of the International Labour Organization, Geneva 1986, which lies in the archives of the Legal Office of the Ministry
Given in Santa Fe de Bogota, DC, twenty-nine (29) days of July
in 1996 (1996)
Chief Legal Office,.. | Adolfo Hector Varela || Sintura.
EXECUTIVE BRANCH PUBLIC POWER
PRESIDENCY oF tHE REPUBLIC Santa Fe de Bogota, DC, March 19, 1996 Approved
. Undergo consideration of the honorable National Congress for constitutional purposes
Ernesto Samper Pizano the Ministry of Foreign Affairs,
(Sgd.) Rodrigo Pardo Garcia-Peña. DECREES
ARTICLE 1o. Approval of the "Convention 162 concerning Asbestos in safety", adopted at the 72nd. Meeting of the General Conference of the International Labour Organization, Geneva 1986.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Convention 162 concerning Asbestos in safety", adopted at the 72nd. Meeting of the General Conference of the International Labour Organization, Geneva, 1986, by article 1. this law passed, will force the country from the date the international link regarding the same is perfected.
ARTICLE 3o. This law applies from the date of publication.
The President of the honorable Senate,
Amylkar Acosta Medina.
The Secretary General of the honorable Senate, Pedro Pumarejo
The President of the honorable House of Representatives, Carlos Ardila
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court, under Article
241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on 17 February 1998.
Ernesto Samper Pizano Minister of Foreign Affairs, Emma Mejia Velez
The Minister of Labour and Social Security, Carlos Bula Camacho