ACT 1562

(July 11)

Official Journal No. 48.488 of 11 July 2012

CONGRESS OF THE REPUBLIC

By which the Labor Risk System is modified and other provisions on Occupational Health are dictated.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. Definitions:

General System of Occupational Risks: It is the set of public and private entities, rules and procedures, aimed at preventing, protecting and caring for workers from the effects of diseases and accidents which may occur on occasion or as a result of the work they develop.

The current occupational health provisions related to the prevention of work accidents and occupational diseases and the improvement of working conditions are an integral part of the General System of Occupational Risks.

Occupational Health: The term "Safety and Health at Work", defined as the discipline that deals with the prevention of injuries and diseases caused by working conditions, and the protection and promotion of the health of workers. It aims to improve conditions and the working environment, as well as health at work, which entails the promotion and maintenance of the physical, mental and social well-being of workers in all occupations.

Occupational Health Program: hereinafter referred to as the Health and Safety Management System at Work SG-SST. This System consists in the development of a logical and staged process, based on continuous improvement and which includes policy, organization, planning, implementation, evaluation, audit and improvement actions with the objective of anticipate, recognise, assess and control risks that may affect safety and health at work.

PARAGRAFO. The use of the above definitions does not prevent the existing rights from being maintained with the previous definitions.

ARTICLE 2o. Amend article 13 of Decree-Law 1295 of 1994, which will remain so:

Article 13. Affiliates. They are affiliated with the General System of Labor Risks:

a) In mandatory form:

1. Dependent workers at national or foreign level, linked by written or verbal work contract and public servants; persons linked through a formal contract for the provision of services with entities or institutions public or private, such as civil, commercial or administrative contracts, with a duration of more than one month and precisely the situations of time, mode and place in which the provision is made.

2. The Cooperative and the Associated Work Workers are responsible in accordance with the law, the process of affiliation and the payment of the contributions of the associated workers. For such purposes, all existing legal provisions on the subject for dependent workers are applicable and in the same way occupational health obligations are applicable, including the conformation of the Committee Occupational Health Joint (Copaso).

3. Retirees or pensioners, who are reintegrated into the workforce as dependent workers, linked by work contract or as public servants.

4. Students from all academic levels of public or private educational institutions who are required to carry out work that means a source of income for the respective institution or whose training or training activity is a requirement for the completion of their studies, and involves an occupational risk, in accordance with the regulations that for the purpose is issued within the year following the publication of this law by the Ministry of Health and Social Protection.

5. Independent workers who work in activities listed by the Ministry of Labour as high risk. Payment of this affiliation shall be on behalf of the contractor.

6. Members of the agremations or associations whose work means the source of income for the institution.

7. The active members of the National Sub-System of First Response and the payment of the affiliation shall be in charge of the Ministry of the Interior, in accordance with the relevant regulations.

b) On a voluntary basis:

Independent workers and informal workers, different from those established in the literal (a) of this Article, may be listed in the Labor Irrigation System as long as they are also relevant to the contributory health and compliance regime. with the regulations to be issued by the Ministry of Health and Social Protection in coordination with the Ministry of Labour, in which the value of the contribution will be established according to the type of occupational risk to which it is exposed population.

PARAGRAFO 1o. In the regulations that are issued for the linkage of these workers, all the obligations of the System of Labor Risks that are applicable to them and with precision of the situations of time, mode, and place in which the capability is performed.

PARAGRAFO 2o. In the regulations issued by the Ministry of Health and Social Protection in coordination with the Ministry of Labour in relation to the persons referred to in the Literal (b) of this Article, indicate that they may be affiliated with the social security system through agremations or non-profit associations, by profession, trade or activity, under the supervision and control of the Ministry of Health and Social Protection.

PARAGRAFO 3o. For the performance of Occupational Prevention, Promotion and Health activities in general, the independent worker is assimilated to the dependent worker and the contractor's affiliation to the system will be the contractor's account and the payment on behalf of the contractor; except as stipulated in the number six (6) of this same article.

ARTICLE 3o. ACCIDENT AT WORK. It is an accident of work every sudden event that occurs due to cause or time of work, and that produces in the worker an organic injury, a functional or psychiatric disturbance, an invalidity or death.

It is also an accident of work that occurs during the execution of orders from the employer, or contractor during the execution of a job under its authority, even outside the place and hours of work.

It is also considered an accident of work that occurs during the transfer of the workers or contractors from their residence to the workplaces or vice versa, when the transport is provided by the employer.

It will also be considered as an accident of work that occurred during the exercise of the trade union function even if the worker is on union leave whenever the accident occurs in compliance with that function.

In the same way, it is considered an accident of work that is produced by the execution of recreational, sports or cultural activities, when acting on behalf of the employer or the user company in the case of workers from temporary service companies who are on a mission.

ARTICLE 4. OCCUPATIONAL DISEASE. It is occupational disease that is contracted as a result of exposure to risk factors inherent in the work activity or the means in which the worker has been forced to work. The National Government will determine, on a regular basis, the diseases that are considered as work and in cases where a disease does not appear in the table of occupational diseases, but the causal relationship with the factors of occupational risk will be recognised as occupational disease, as laid down in the existing legal rules.

PARAGRAFO 1o. The National Government, prior to the National Labour Risk Council, will determine, on a regular basis, the diseases that are considered to be labor.

PARAGRAFO 2o. For this purpose, the Ministry of Health and Social Protection and the Ministry of Labour will carry out an update of the table of occupational diseases for at least every three (3) years on the basis of technical studies funded by the National Labour Risk Fund.

ARTICLE 5o. SETTLEMENT BASE INCOME. It is understood by base income to liquidate the economic benefits as follows:

a) For work accidents

The average of the Quotation Basis (IBC) of the six (6) months prior to the occurrence of the accident at work, or fraction of months, if the time worked in this company was less than the stated and registered contribution base Occupational Risk Management Entity to which you are affiliated;

b) For occupational disease

The average of the last year, or fraction of the year, of the Quotation Basis (IBC) prior to the date when the origin of the work disease was first called.

In case the first-chance rating is performed when the worker is disengaged from the company, the average of the last year, or fraction of the year, is taken if the time worked is lower than the Base Income of the Quotation. (IBC) declared and registered in the last Occupational Risk Management Entity to which it was affiliated prior to such qualification.

PARAGRAFO 1o. The sums of money that the Labor Risk Management Entities must pay for economic benefits should be indexed, based on the Consumer Price Index (CPI) at the time of the certified payment by the National Administrative Department of Statistics, DANE.

PARAGRAFO 2o. For the payment of the temporary disability allowance, the benefit will be recognized based on the last (IBC) paid to the Occupational Risk Management Entity prior to the start of the disability The occupational risk administrators must assume the payment of the pension and health insurance, corresponding to the employers or the independent workers, during the periods of temporary incapacity and up to an Income Base Quotation equivalent to the value of the incapacity. The ratio will be the same set for these systems in the 1993 100 Act.

PARAGRAFO 3o. The payment of the temporary incapacity will be assumed by the Health Promoter Entities, in case the qualification of origin at the first opportunity is common; or by the Administration of Occupational Risks where the qualification of the origin at first opportunity is a job and if there is a dispute it will continue to cover such temporary incapacity in this way until there is a firm opinion on the part of the Regional or National Board if appeals to the latter, when the payment corresponds to the Labor Risk Management and is in The same percentage stipulated by the current regulations for the contributory regime of the General System of Social Security in Health, once the opinion is in firm will be able between them to carry out the respective rempurses and the ARP will recognize the worker as the difference in case the firm opinion indicates that it corresponds to an employment source.

PARAGRAFO 4o. The economic subsidy for rehabilitation favorable to the Pension Fund Administrator will be recognized in the terms of the article 142 of Decree-law 19 of 2012 or the rule that modifies or replaces it.

ARTICLE 6o. AMOUNT OF CONTRIBUTIONS. The amount of contributions for the case of workers linked by work contracts or as public servants may not be less than 0.348%, nor greater than 8.7%, of the Income Base Income (IBC) of the the workers and their payment shall be borne by the respective employer.

The same percentage of the amount of the contributions will be applied to the persons linked through a formal contract for the provision of personal services, however, their affiliation will be in charge of the contractor and the payment in charge of the contractor, except as stipulated in literal (a) numeral 5 of article 2or of this law.

The Ministry of Labor in coordination with the Ministry of Health and Social Protection in terms of its competence will adopt the table of minimum and maximum contributions for each kind of risk, as well as the ways in which a company can achieve decrease or increase the rate of contribution according to its claims, severity and compliance with the Health and Safety Management System at Work SG-SST.

ARTICLE 7o. EFFECTS DUE TO THE NON-PAYMENT OF CONTRIBUTIONS TO THE GENERAL SYSTEM OF OCCUPATIONAL RISKS. The default in the payment of contributions to the General System of Occupational Risks during the validity of the employment relationship and the contract for the provision of services, does not generate the Automatic challenge of worker affiliates.

In the event in which the employer and/or contractor is in arrears to make contributions to the General System of Occupational Risks, he/she will be responsible for the expenses incurred by the Occupational Risk Management Entity for the assistance benefits granted, as well as the payment of the contributions in arrears with their respective interests and the payment of the economic benefits to which they may have taken place.

The liquidation, duly supported, performed by the Labor Risk Management Entities for the purpose of the given Prstations, the contributions due and interest for arrears, shall be the executive merit.

It is understood that the affiliated company is in arrears when it has not complied with its obligation to pay the corresponding contributions within the term stipulated in the legal norms in force. For this purpose, the respective Occupational Risk Management Entity must send to the last known address of the affiliated company or contractor a communication by registered mail within a period not exceeding one (1) month after the payment of contributions. The communication shall constitute the undertaking or contractor affiliated in arrears. Copy of this communication must be sent to the representative of the Workers in the Joint Committee on Occupational Health (Copaso).

If two (2) months from the date of registration of the communication continues the default, the Administrative Risk Management will give notice to the Company and the corresponding Territorial Directorate of the Ministry of Labor for the purposes relevant.

The administrator must take the consecutive registration of the above notices, and the company reported in arrears will not be able to submit to state procurement processes.

PARAGRAFO 1o. When the Labor Risk Management Entity, after all the means necessary for the recovery of sums due to the General System of Labor Risks, has been exhausted, verify that it has been the commercial registration for final liquidation or a definitive closure of the employer has been given and the relevant evidence in its possession, in accordance with the rules in force on the matter, may terminate the affiliation of the company, but you will not be able to ignore the welfare and economic benefits of the workers of that undertaking, to which there is a place according to the regulations in force as a result of accidents of work or occupational disease that have occurred in force of the affiliation.

PARAGRAFO 2o. Without prejudice, the employer's responsibility to assume the employment risks of its employees in the event of default in the payment of the premiums or compulsory contributions and of the one that applies to the the contractor, it is up to all the entities managing occupational risks to advance the actions of recovery, prior to the formation of the company, employer or contractor in arrears and the written requirement where the value due and the number of workers affected.

For that purpose, the settlement by which the labor risk manager determines the value due, will lend executive merit.

PARAGRAFO 3o. The Pensional and Parafiscal Management Unit, UGPP, will monitor and control the actions of determination, collection, persuasive collection and collection to be carried out by the Risk Administrators Labor.

PARAGRAFO 4o. The Ministries of Labor and Health will regulate the possibility of contributions to the Integral Social Security System and other parafisals of some or some sectors in advance.

ARTICLE 8o. REPORT OF INFORMATION OF ACTIVITIES AND RESULTS OF PROMOTION AND PREVENTION. The Occupational Risk Management Entity must present to the Ministry of Labor a report of activities that are developed in its affiliated companies during the year and the results achieved in terms of the control of the most prevalent risks in promotion and the reductions achieved in the rates of accidents and occupational diseases as a result of their prevention measures. Such results shall be the essential reference for the change in the amount of the contribution, the monitoring and compliance shall be carried out in accordance with the guidelines established by the Ministry of Labour.

This report should be submitted semi-annually to the Ministry of Labour's Territorial Directorates for monitoring and verification of compliance.

failure of the programs to promote the health and prevention of accidents and diseases, as defined in the table established by the Ministry of Health and Social Protection and the Ministry of Labor, will carry a fine of up to five hundred. (500) statutory minimum monthly salaries in force on the date on which it is imposed. The fines will be gradual according to the seriousness of the infringement and always follow due process, which will go to the Labor Risk Fund, as established in the system of quality assurance in occupational risks.

PARAGRAFO 1o. In the event of non-compliance with Occupational Risk Administrators of the promotion and prevention services established in the current regulations, the employer or contractor will inform the Directorate Territorial of the Ministry of Labor for verification and corresponding decision, whose second instance will be the Labor Risk Directorate of the Ministry of Labor.

ARTICLE 9o. Amend article 66 of Decree-Law 1295 of 1994, which will remain so:

Article 66. Monitoring High-Risk Companies. The Labour Risk Management Entities and the Ministry of Labour will monitor, as a matter of priority and directly or through appropriate third parties, high-risk companies, especially in the implementation of the Health Programme. Occupational according to the Quality Assurance System, the Labor Risk Control Systems and the Special Measures of Promotion and Prevention.

Companies where you process, manipulate, or work with toxic or carcinogenic substances or disease-causing agents included in the work disease table that you treat in article 3or This law shall comply with a minimum number of preventive activities in accordance with the joint regulations issued by the Ministry of Labor and Health and Social Protection.

ARTICLE 10. STRENGTHENING THE PREVENTION OF OCCUPATIONAL RISKS IN MICRO AND SMALL ENTERPRISES IN THE COUNTRY. The Industrial Risk Management Entities will strengthen the activities of promotion and prevention in micro and small enterprises that they have high claims or are classified as high risk.

The Ministry of Labor will define the technical criteria based on which the Labor Risk Management Entities will focus their promotion and prevention actions in order to strengthen these activities in the micro and For this purpose, small businesses will be taken into account the frequency, severity and cause of accidents and occupational diseases in these companies, as well as the technical criteria defined by the Ministry of Health and Social Protection in relation to membership of workers affiliated to micro and small enterprises.

PARAGRAFO. Within the campaigns susceptible to reproduction in physical or electronic media and general activities of promotion and prevention of occupational risks that are carried out periodically by the Administrative Entities Labor Risks will involve workers from the informal sector of the economy, under the supervision and control of the Ministry of Labor.

ARTICLE 11. PROMOTION AND PREVENTION SERVICES. Of the total contribution, the minimum activities of promotion and prevention in the General System of Labor Risks by the Administrative Entities of Labor Risks will be as follows:

1. Basic activities scheduled and evaluated in accordance with the Employment Risk indicators for companies corresponding to five per cent (5%) of the total contribution, at least the following shall be:

(a) Programs, campaigns and education and prevention actions aimed at ensuring that their affiliated companies are aware of, comply with the technical standards and regulations in occupational health, issued by the Ministry of Labour;

b) Programs, campaigns, and education and prevention actions aimed at ensuring that their affiliated companies comply with the development of the basic level of the annual work plan of their Occupational Health Program;

c) Basic technical advice for the design of the Occupational Health Program and the annual work plan of all companies;

d) Basic training for emergency brigade assembly, first aid, and occupational health quality system;

e) Training to the members of the joint occupational health committee in those companies with a larger number of 10 workers, or to occupational health care workers, who perform the same occupational health functions, in companies with a fewer than 10 workers;

f) Promoting healthy lifestyles and working styles, according to the epidemiological profiles of companies;

g) Investigation of occupational accidents and occupational diseases presented by employees of their affiliated companies.

2. Of the ninety-two percent (92%) of the total listing, the Labor Risk Management Entity will allocate at least ten percent (10%) for the following:

a) Development of regular programs for prevention and control of occupational risks and comprehensive rehabilitation in affiliated companies;

b) Support, advisory and development of campaigns in their affiliated companies for the development of activities for the control of risks, the development of epidemiological surveillance systems and the evaluation and formulation of adjustments to the plan of annual work of the companies. The two main objectives of this obligation are: permanent monitoring of working conditions and health, and effective control of risk;

(c) Work risk managers should develop programs, campaigns, create or implement mechanisms and actions to prevent secondary damage and sequelae in the event of partial disability and disability, to achieve the comprehensive rehabilitation, rehabilitation and relocation processes;

d) Design and consultancy in the implementation of areas, jobs, machinery, equipment and tools for the processes of reinsertion of work, in order to intervene and avoid accidents at work and occupational diseases;

e) Provide technical advice for the evaluation of occupational or industrial hygiene studies, design and installation of engineering control methods, according to the degree of risk, to reduce the exposure of workers to permissible levels.

The Financial Superintendency, may reduce and percentage of ten percent (10%) defined in numeral 2 of this article, according to the sufficiency of the quotation rate, only when it is required to increase the reserves to cover the claims by the Administrative Entities of Occupational Risks.

3. Up to three (3%) of the total contribution will be allocated to the Labour Risk Fund. The National Government through the Ministry of Finance and Public Credit, Labor and Health and Protection will fix the corresponding amount prior to technical and financial study that supports this variation. The study may be contracted with resources from the Labor Risk Fund.

PARAGRAFO 1o. Labor risk managers cannot displace the human resource or fund the activities that are the law of the employer, and must grant all promotion and prevention services without any discrimination, under the principle of solidarity, without taking into account the amount of the contribution or the number of affiliated workers.

PARAGRAFO 2o. In all cities or municipalities where there are workers affiliated to the General System of Labor Risks, the occupational risk managers must develop the activities of promotion and prevention with an interdisciplinary group trained and licensed under his or her own occupational health or contracted under his/her responsibility. In order to extend the coverage, the implementation of these activities may be carried out through virtual accompanying schemes and IT and communication technologies, without prejudice to the personal follow-up required by the said activities. management.

PARAGRAFO 3o. The Labor Risk Management Entity must present a plan with programs, goals and amount of resources to be developed during the year in promotion and prevention, to the Ministry of Labor for the purposes of monitoring and compliance with the guidelines established by the Directorate of Occupational Risks, hereinafter referred to as the Directorate for Occupational Risks.

PARAGRAFO 4o. The administrative expenses of the Labor Risk Management Entities will be limited. The Ministry of Labor may define such limits, prior to technical concept, of the National Council of Labor Riegos according to variables such as company size, number of workers, class of risk, operating costs necessary to guarantee compliance with existing legal standards, among others.

PARAGRAFO 5o. Insurance intermediation work will be voluntary in the occupational risk class, and will be legally reserved for insurance brokers, agencies and insurance agents, who credit their suitability. professional and the required human and operational infrastructure in each category for the purpose, who will be registered with the Ministry of Labour. Those who act in the intermediary role, before the same employer, will not be able to receive additional remuneration from the occupational risk manager for the provision of occupational health care or preventive services.

If any intermediary is used, your remuneration will be paid from the own resources of the Labor Risk Administrator.

ARTICLE 12. OBJECT OF THE LABOR RISK FUND. amend Article 22 of Law 776 of 2002, which replaced article 88 of Decree-Law 1295 of 1994, which will be so:

The Labor Risk Fund aims to:

a) Advance studies, campaigns and actions of education, prevention and investigation of accidents at work and occupational diseases throughout the national territory and implement massive programs of prevention in the citizen and school field promote healthy conditions and culture of prevention, in accordance with the guidelines of Law 1502 of 2011;

b) Advance studies, campaigns and actions of education, prevention and investigation of work accidents and occupational diseases in the vulnerable population of national territory;

c) Research studies that support decisions in financial, actuarial or technical matters may also be funded for the development of the General System of Occupational Risks, as well as for creating and implementing a system Unique System Information and a Quality Assurance System of Workplace Risk System Management;

d) Grant an economic incentive to the premium for occupational risk insurance as an incentive to the savings of the population of which Article 87 of Law 1328 of 2009 and/or the population in a formalisation programme and in accordance with the regulations which the Ministry of Labour will issue for the purpose of promoting and promoting policies in the process of labour formalisation;

e) Create a labor risk information system from the resources of the Labor Risk Fund;

f) Financing the implementation of advocacy and prevention activities within primary health care programs;

g) Advance inspection, surveillance and control actions on the actors of the Occupational Risk System; within the scope of their competence;

h) Payment of the fiduciary order and its audit and other resources resulting from the management of the fund.

PARAGRAFO. The resources of the Labor Risk Fund do not belong to the General Budget of the Nation, they may not be used for administrative and operating expenses of the Ministry or for objects other than the fund provided for in this law, shall be handled in a fiduciary order, administered by a financial institution monitored by the Financial Superintendency. At least the average returns on the financial market must be guaranteed at least.

ARTICLE 13. SANTIONS. Modify the number 2, literal a), of article 91 of Decree-Law 1295 of 1994, as follows:

Non-compliance with occupational health programs, occupational health standards, and the employer's own obligations, provided for in the General System of Occupational Risks, will carry a fine of up to five hundred (500) minimum wages. legal monthly, graduated according to the seriousness of the infringement and previous due process for the Labor Risk Fund. In the event of a recurrence in such conduct or for non-compliance with the corrective measures to be taken, formulated by the Labour Risk Management Entity or the Ministry of Labour duly demonstrated, the suspension of the activities up to a hundred and twenty (120) days or final closure of the company by the Territorial Directorates of the Ministry of Labour, guaranteeing due process, in accordance with the article 134 of Law 1438 of 2011 on the subject of sanctions.

Add in article 91 of Decree-Law 1295 of 1994, as amended by article 115 of Decree 2150 of 1995, the following point:

In case of an accident that causes the death of the worker where the non-compliance with the occupational health rules is demonstrated, the Ministry of Labor shall impose a fine of not less than twenty (20) minimum monthly legal salaries in force, nor more than one thousand (1,000) minimum monthly legal salaries in force for the Labor Risk Fund; in the event of a recurrence for non-compliance with the promotion and prevention corrective measures formulated by the Risk Management Entity At work or the Ministry of Labour once the circumstances have been verified, the suspension of activities or final closure of the company by the Territorial Directorates of the Ministry of Labour, always guaranteeing due process.

The Ministry of Labor shall regulate within a period not greater than one (1) year counted from the issuance of this law, the criteria for the graduation of the fines referred to in this Article and the guarantees to be respected. for due process.

ARTICLE 14. QUALITY ASSURANCE IN OCCUPATIONAL HEALTH AND OCCUPATIONAL HAZARDS. For the purpose of operating the Mandatory System of Quality Assurance of the General System of Occupational Risks, which must be met by the members of the General Risk System Work will be carried out to verify compliance with the minimum standards established in the aforementioned quality assurance system, which will be carried out directly or through suitable third parties selected by the Ministry of Education. He worked according to the regulations he issued in this regard, prioritizing the companies with higher rates of accidents and deaths.

The cost of verification visits will be assumed in equal parts by the respective Occupational Risk Insurance Entity to which the employer is affiliated and with resources from the Labor Risk Fund according to the regulations issued by the Ministry of Labour.

The verification of compliance with the minimum standards by the Health Services Institutions that provide Occupational Health services will be performed by the departmental and District Health Entities within the verification of compliance with the conditions for the enablement and with its own resources.

PARAGRAFO. Dependent, independent workers, non-uniformed police personnel, and civilian personnel of the Military Forces will be required to meet the minimum standards of the Quality of Labor Risks related to the performance of their duties and obligations established in the current regulations of the system of occupational hazards.

ARTICLE 15. INSPECTION, SURVEILLANCE AND CONTROL IN ECONOMIC PERFORMANCE. In the face of the disputes presented before the qualification in the first opportunity, only the submission to the Validity Qualification Boards as set out in the article 142 of Decree number 19 of 2012. In addition to the powers laid down in Articles 84 and 91 of Decree No 1295 of 1994, it is for the Financial Superintendence to sanction the Workplace Risk Administrators, when they fail to comply with the terms and regulations governing the payment of financial benefits.

The territorial addresses of the Ministry of Labor shall forward to the Financial Superintendence of Colombia the complaints, and the communications, reports or evidence of their visits, related to the payment of the payment of the economic performance of occupational risks, without prejudice to the competence of the Territorial Directorates to bring forward administrative work investigations or for violation of the rules on occupational risks.

ARTICLE 16. Article 42 of Act 100, 1993, will be as follows:

Article 42. Nature, administration and operation of the Regional and National Validity Rating Boards. The Regional and National Boards of Invalidity Rating are agencies of the Social Security System of the national order, of legal creation, attached to the Ministry of Labor with legal personality, of law private, non-profit, interdisciplinary, subject to tax review, with technical and scientific autonomy in the expert opinions, the decisions of which are binding, without prejudice to the second instance corresponding to the the National Board of Rating of Invalidity, in respect of regional and according to the regulations to be determined by the Ministry of Labour.

It will be in accordance with the regulations determined by the Ministry of Labor, integration, operational management and financial, the terms in time and procedure for the issuance of opinions, operation and the inspection, surveillance and control of these aspects, as well as the regionalization of the country for the functioning of the Boards, fee scale to its members, operating procedures and replenishment resources and appeal.

PARAGRAFO 1o. Members of the National and Regional Invalidity Rating Boards shall be governed by this law and their regulations, act within the respective period and, if necessary, will remain in their posts until the new members are held for the corresponding period, will be appointed according to the regulations that for the effect issue the Ministry of Labor.

PARAGRAFO 2o. Social security entities and members of the Regional and National Invalidity Boards and professionals who qualify, will be jointly and severally responsible for the opinions they produce. harm to members or to the Administrators of the Integral Social Security System, when this is fully proven.

It is the obligation of the different actors of the Social Security Systems in Health and Occupational Risks to provide timely delivery of the required information and of which it is available to substantiate the qualification of the origin, among the entities competent to qualify the worker.

PARAGRAFO 3o. The Ministry of Labor must organize within six (6) months of the entry into force of this law, the structure and operation of the Invalidity Rating Boards as part of the of the structure of the Ministry of Labour.

ARTICLE 17. NATIONAL AND REGIONAL BOARD FEES. The fees to be cancelled to the Regional and National Validity Rating Boards, in advance, will be paid by the Pension Fund Administrator in case the First-chance origin qualification is common; in case the qualification of origin is at the first opportunity the payment must be covered by the Occupational Risk Management, in accordance with the regulations issued by the Ministry of Labour.

The Ministry of Labor within six (6) months following the enactment of this law, will regulate the matter and will fix the fees of the members of the boards.

PARAGRAFO. The rating boards will receive the resources in advance, but the members ' fees will only be paid until the respective opinion has been issued and delivered, resources that must be be differentiated and fully identifiable in accounting.

ARTICLE 18. Add a paragraph to Article 142 of Decree number 19, 2012. Without prejudice to this article, in respect of the qualification at first opportunity, it is up to the Regional Boards to qualify in the first instance the loss of work capacity, the state of invalidity and determine its origin.

The National Rating Board is responsible for the resolution of the disputes that are submitted to the Regional Boards for their decision.

< *Text corrected in the terms of the statement C-458-15 > The rating will be performed based on the single manual for the qualification of invalidity, issued by the National Government, in force at the date of qualification, which shall contain the technical-scientific criteria for the assessment and qualification of loss of percentage work capacity by systems to a deficiency, disability and disabled that have generated sequelae as a result of illness or accident.

ARTICLE 19. Article 43 of Act 100, 1993, will be as follows:

Article 43. Impediments, recusal and sanctions. The main and alternate members of the Regional and National Boards, in odd numbers, will be appointed, according to the regulations issued by the Ministry of Job. The members shall be individuals who exercise a public function in the provision of such service and as long as they are part of the Validity Qualification Boards, they may not have any connection, nor shall they carry out activities related to the qualification of the origin and degree of loss of the work capacity or administrative or commercial tasks in the Administrative Entities of the System Integral Social Security, nor with its management, surveillance and control entities.

The members of the Boards will be subject to the regime of impediments and recusal applicable to the Judges of the Republic, in accordance with the provisions of the Code of Civil Procedure and their processing will be carried out in accordance with the article 30 of the Administrative Contentious Code and, as to individuals exercising public functions, the Single Disciplinary Code applies to them.

PARAGRAFO 1o. The members of the National Board and those of the Regional Invalidity Rating Boards do not have the character of public servants, do not pay salaries, or social benefits and are only entitled to the fees established by the Ministry of Labour.

PARAGRAFO 2o. Members of the National Board and those of the Regional Invalidity Rating Boards may not remain more than two (2) continuous periods.

ARTICLE 20. SUPERVISION, INSPECTION AND CONTROL OF INVALIDITY QUALIFICATION BOARDS. The Ministry of Labour will implement an Annual Visits Plan for the supervision, inspection and administrative, operational and financial management of the Validity Rating Boards and will verify, among other aspects, the times of case resolution, the notification and actual participation of the parties involved in the processes, the due process compliance and the respect of the rights legal of all parties.

It will also implement a system of information on the status of each processing process and will be able to impose fines in particular on each member of the boards up to a hundred (100) monthly minimum legal salaries, graduated according to the the seriousness of the fault, for violation of the rules, procedures and regulations of the General System of Occupational Risks. The fines levied will be in favor of the Labor Risk Fund.

PARAGRAFO. The Comptroller General of the Republic will have the fiscal control over the monies that enter the Invalidity Rating Boards for being public money.

The Attorney General's Office will have disciplinary control over the members of the Validity Rating Boards for being individuals who exercise public functions.

ARTICLE 21. OCCUPATIONAL HEALTH OF THE TEACHERS. The Ministry of National Education and the National Fund of Social Teachers of the Magisterium will establish the Manual of Qualification of Invalidity and Table of Occupational Diseases for the Teachers affiliated to the Ministry of Education. This fund will also establish the implementation of occupational health programs, the joint health committees, the promotion and prevention activities, and the epidemiological surveillance systems. The adoption and implementation of the above will not affect the special health exception regime that according to article 279 of Law 100 of 1993 is in force for the Fund's members. National of Social Benefits of the Magisterium. The previous activities will be regulated within one year by the Ministry of National Education, counted from the current law.

ARTICLE 22. PRESCRIPTION. The pension tables and other benefits established in the General System of Professional Risks are prescribed in the term of three (3) years, counted from the date on which it is generated, concretized and determines the right.

ARTICLE 23. OCCUPATIONAL HEALTH LICENSES. The Ministry of Health and Social Protection shall regulate in the term of six (6) months, counted from the validity of this law, the procedure, requirements for the granting and renewal of the occupational health licenses to natural and legal persons, who must at least understand: requirements, experience, field of action according to their profession, national and departmental coverage, academic training, and validity of the license. The issuance, renewal, surveillance and control of occupational health licenses shall be carried out by departmental and district health entities.

The issuance and renewal of occupational health licenses will be recognized for university professionals with specialization in occupational health, university professionals in an occupational health area, health technologists occupational and occupational health technicians, all of them with degrees obtained in a higher education institution duly approved by the Ministry of National Education.

ARTICLE 24. FLOW OF RESOURCES BETWEEN THE OCCUPATIONAL RISK SYSTEM AND THE GENERAL HEALTH SOCIAL SECURITY SYSTEM. To ensure the adequate and timely flow of resources between the Occupational Risk and Social Security Systems in Health, they will apply the following rules, without prejudice to the provisions of Article 6or Decree-Law 1295 of 1994:

1. The Labor Risk Administrators, ARL, will pay to the Health Promoter Entities, EPS, the value of the care and economic benefits of qualified first-chance events as of labor origin included those paid within the three years prior to that qualification and which have been assumed by the Health Promoter Entities, EPS, the reimbursement shall be made within 30 calendar days after the filing of the application, provided that the same complies with the the requirements laid down in the regulation which the Ministry has issued or issued for the purpose Health and Social Protection in coordination with the Ministry of Labor and without any serious and serious objection to the origin of the request for reimbursement by the Labor Risk Administrator, ARL. In case of objection or glosa, this will be defined by the mechanisms of dispute resolution provided in the legal norms in force and in any case, in the event in which there is no solution by this means, the responsible of the payment will be determined, once there is a firm opinion of the respective Validity Rating Board.

2. When the Labor Risk Administrators, ARL, do not pay within the deadlines set in the number before the Health Promoter Entities, EPS, being the Labor Risk Administrators, ARL, obliged to do so, or if the glosas They are unfounded, they will have to recognize delinquent interests in favor of the EPS, from the date of filing of the request for reimbursement, liquidated to the current maximum legal moratorium rate that governs for all the financial obligations applicable to social security.

The EPS must compensate the service provider or the supplier of the goods in the same way, when their payment has been conditioned, without prejudice to the legal rights of the conditioning.

3. The presentation of the request for reimbursement made by the Health Promoter Entity EPS before the Occupational Risk Administrator, ARL, interrupts the prescription of the collection account, as long as the requirements of the application are met. a regulation issued or issued by the Ministry of Health and Social Protection in coordination with the Ministry of Labour.

The terms of prescription will continue to be governed by the laws in force.

The provisions in this numeral will not revive already prescribed situations.

The right to request reimbursements between health systems and occupational risks and vice versa for the cost of health benefits arising from a work illness or accident at work, prescribes within five (5) years, from the last of the dates listed below:

(a) The date of the first opportunity rating of the event or sequel's work origin by the EPS, when such qualification is not subject to controversy by the administrators or the user;

b) The date of qualification of the work origin of the event or of the sequel by the Regional Board of Invalidity, when such qualification is not subject to appeal to the National Board of Invalidity Rating;

(c) The date of the qualification of the work origin of the event or of the sequel by the National Board of Invalidity Rating;

d) The date of submission of the IPS invoice to the EPS, meeting the required requirements.

However, it shall be three (3) years for the prescription in the case of payment of temporary incapacity benefits, for which the term shall be counted from the moment when the opinion is signed as set out in paragraph 3. of article 5or of this law.

ARTICLE 25. Add article 4or Decree number 1295 of 1994, features of the System, with the following paragraph:

PARAGRAFO. Any extension of coverage will have prior technical and financial study to ensure the financial sustainability of the General System of Occupational Risks.

ARTICLE 26. Modify the literal g) and add paragraph 2 to article 21 of Decree number 1295, 1994 as follows:

g) Facilitate the spaces and times for the training of the workers in their care in the field of occupational health and to advance the programs of promotion and prevention in charge of the Administration of Occupational Risks.

PARAGRAFO 2o. Concerning telework, the employer's obligations in occupational hazards and in the Health and Safety Management System in the SG-SST work are those defined by the current regulations.

ARTICLE 27. Modify the literal d), and add a paragraph to article 22 of Decree 1295, 1994 as follows:

d) Meet the standards, regulations and instructions of the Safety and Health Management System at the company's SG-SST Work and regularly assist in the promotion and prevention programs advanced by the Risk Administrators Labor.

PARAGRAFO. With regard to teleworking, the obligations of teleworker in occupational hazards and in the System of Safety and Health Management in the SG-SST work are those defined by the current regulations.

ARTICLE 28. The sources of resources to be assigned to the National Institute of Health for occupational health research will be as follows:

A percentage of what is received by the Labor Risk Fund corresponding to 1% of the 3% who receive the labor risk fund from the total system contributions.

By international cooperation resources.

The National Risk Board will determine annually, the amount of resources from the National Health Institute's Labor Risk Fund for Labor Health Research.

ARTICLE 29. The National Institute of Health as a scientific-technical authority in health will exercise the direction, coordination and execution of policies of scientific research in health, promote the Research in occupational health, will establish priority lines of research in occupational health with the scientific society in medicine of the work of the problems of higher incidence and prevalence in the health of the workers.

The National Institute of Health will develop research projects in occupational health and will actively and compulsorily convene all the actors in the system and research groups and institutions to participate in research in occupational health, according to the lines of research established as priorities.

ARTICLE 30. REPORT OF ACCIDENT AT WORK AND OCCUPATIONAL DISEASE. When the Ministry of Labor detects omissions in the reports of accidents at work and occupational diseases that therefore affect the computation of the Index of Disabling Injuries (ILI) or the Evaluation of the occupational health program by employers or contractors and user companies, may impose a fine of up to one thousand (1,000) minimum monthly legal salaries in force, without prejudice to other fines than for other failure to comply with the competent authority.

ARTICLE 31. SPECIFIC DESTINATION OF SYSTEM RESOURCES. In development of the provisions of Article 48 (48 of the Political Constitution, the resources of the Social Security System in Occupational risks including paid contributions, technical reserves, and mathematical reserves constituted for the payment of system pensions, as well as their financial returns, provided that they are intended to support financially the benefits of the General System of Occupational Risks, may not be taxed with taxes, fees or contributions from the National Order or in favor of Territorial Entities.

ARTICLE 32. SPECIAL COMMISSION OF LABOUR INSPECTORS IN THE FIELD OF OCCUPATIONAL HAZARDS AND THE NATIONAL SYSTEM OF LABOUR INSPECTORS. The Ministry of Labour shall establish a Standing and Special Commission of Labour Inspectors to be responsible for the work of the Labour Inspectorate. prevention and promotion in the field of occupational hazards and the monitoring of strict compliance with the rules on the prevention of accidents at work and occupational diseases, and the enforcement and enforcement of the standards for occupational health and industrial safety.

This Commission will have a National character and to have coverage throughout the National Territory, may when it considers it appropriate, create temporary or permanent along with the Territorial Addresses of the Ministry of Labor, Subcommissions Regional or Labour Inspectors Delegates for the purposes of prevention and promotion in the field of occupational hazards and other relevant occupational health and industrial safety purposes.

For the purposes set out in this Article, the inspectors shall carry out periodic and permanent visits to the various ARLs and enterprises affiliated to the General System of Occupational Risks, and shall be empowered to require the various managers and companies for the purposes of compliance with the rules and provisions of the system and other concordant ones, the sanctions of which shall be imposed by the Territorial Director and his second instance shall be the Directorate of Labour Risks.

The Special Commission of Labour Inspectors for the Prevention and Promotion of Occupational Risks, will be responsible for the priority competence to know of the reconciliations arising from accidents at work and diseases employment, as well as the others arising from conflicts related to the general system of occupational risks. Similarly, regional subcommittees or delegated work inspectors shall have such preferential competence at the regional level.

Work inspectors who integrate any of the commissions set out in this Article or who are appointed as regional delegates for the purposes of prevention and promotion in the field of occupational risks, shall be required to training in this subject of at least forty (40) hours, dictated by experts on this subject and/or by academic institutions suitable for this purpose.

The National System of Labor Inspections will be created in the same way, under the direction and control of the Ministry of Labor, or who will do its times, which will be made up of the labor inspectors, the labor inspectors, the Inspection, Surveillance and Control coordinators, interdisciplinary support staff and will count on the concurrence of all the agencies of the different state entities that carry out in situ inspection visits to the different companies located in the national territory. The staff assigned by the respective Territorial Director or by the Director (a) of Inspection, Surveillance, Control and Territorial Management of the central level, to carry out the on-the-spot visits different to the inspectors of the work, when carrying out a Visit, should seek to observe the working environment, the working environment and the working conditions of the workers. In such cases, they may receive complaints from workers independently without the presence of employers or employers or contractors, in order to refer them to the labour inspectors, within a period of not more than 48 hours, together with any Recommendation for the intervention of the labour inspectorates in the companies visited.

The Labour Inspectors of the respective jurisdiction or those designated by the Director (a) of the Central Level Territorial Inspection, Surveillance, Control and Management shall report to the place where there are indications on alleged irregularities in compliance with the labour or employment risk standard or where the shortcomings that originated the observations were detected within five (5) days of receipt of the complaint, if required.

The Ministry of Labour will reorganize the competences of the Territorial Directorates in matters of inspection, surveillance, control and territorial management, in matters of occupational and occupational risks.

The Minister of Labor Relations of the Ministry of Labor through the Directorate of Inspection, Surveillance, Control and Territorial Management, will exercise a PREFERENTIAL POWER in the face of the investigations and actions that are carried out within the System of Inspection, Surveillance and Control in the entire National Territory, having the authority to decide whether a Territorial Directorate or the assigned inspectors, continue and/or terminate an advanced administrative investigation by another Territorial Directorate or if it is directly assumed by the Directorate of Inspection, Surveillance, Control and Territorial Management of the central level.

Without prejudice to the activities of the Labour Inspectors, the Deputy Minister of Labour Relations of the Ministry of Labour, through the Directorate of Inspection, Surveillance, Control and Territorial Management, will be able to assume the control of investigations and actions when deemed relevant, for which a Special Investigations Unit attached to the Office of the Vice-Ministry of Labor Relations will be created.

Corresponds to the Directorate General of Inspection, Surveillance, Control and Territorial Management, previous instructions and guidelines of the Viceministerium of Industrial Relations, articulating and developing the mechanisms through which the timely intervention by the Special Investigations Unit, which will enable it to know, initiate, advance and complete any administrative action within the framework of the Ministry of Labour's powers, as well as to commission and advance administrative investigations into occupational or occupational risks, with your own staff or with inspectors or multidisciplinary personnel from other jurisdictions or Territorial Addresses.

The Special Investigations Unit will be aware of and will fail in the first instance on matters related to Labor Risks; and will know or decide in the second instance the Directorate of Occupational Risks.

PARAGRAFO. The inspection, surveillance and control of the Ministry of Labour in the System of Safety and Health Management at Work SG-SST of the mining sector will be to verify compliance with standards of the General System of Professional Risks. In the event that in a visit or investigation there are possible violations of mining safety standards set out in Decree 1335 of 1987, Decree 2222 of 1993, Decree 35 of 1994 or rules that modify or add to it will have to transfer it by competition to the National Mining Agency. In the audit visits of the National Mining Agency of the Ministry of Mines and Energy where possible violations of the General System of Professional Risks different to mining safety are found, it must be transferred by competence of the Territorial Directorate of the Ministry of Labour. In any case, the inspection, surveillance and control of the application of the mining safety standards will be carried out by the National Mining Agency of the Ministry of Mines and Energy according to the current regulations.

ARTICLE 33. VALIDITY AND REPEAL. This law governs from the date of its publication and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

JUAN MANUEL CORZO ROMAN.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

SIMON GAVIRIA MUNOZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada in Bogotá, D. C., on July 11, 2012.

JUAN MANUEL SANTOS CALDERÓN

The Deputy Minister General of the Ministry of Finance and Public Credit, in charge of the office of the Minister of Finance and Public Credit,

GERMAN MAPLE ZAPATA.

The Deputy Minister of Social Protection of the Ministry of Health and Social Protection, in charge of the office of the Minister of Health and Social Protection,

NORMAN JULIO MUNOZ MUNOZ.

The Minister of Labor,

RAFAEL PARDO WHEEL