Ensuring a safe and healthy workplace is a fundamental aspect of operating in Colombia. The country has established a robust legal framework aimed at protecting employees from occupational hazards and promoting well-being in all work environments. Compliance with these regulations is not just a legal obligation but also crucial for fostering a productive and sustainable workforce.
Navigating the specifics of Colombian health and safety requirements can be complex, involving various decrees, resolutions, and technical standards. Employers must understand their duties regarding risk prevention, emergency preparedness, accident reporting, and the establishment of internal safety management systems to ensure full compliance and the welfare of their personnel.
Health and Safety Laws and Regulatory Framework
Colombia's occupational health and safety (OHS) framework is primarily governed by the Ministry of Labor and the Ministry of Health and Social Protection. The system is known as the System of Management of Occupational Safety and Health (SG-SST), established by Decree 1072 of 2015, which consolidated previous labor regulations. This decree mandates that all employers, regardless of size or sector, must implement an SG-SST.
Key regulations include:
| Regulation | Description |
|---|---|
| Decree 1072 of 2015 | Single Regulatory Decree of the Labor Sector, consolidating OHS regulations. |
| Resolution 0312 of 2019 | Defines the minimum standards for the implementation of the SG-SST. |
| Law 1562 of 2012 | Modifies the General System of Professional Risks. |
| Decree 1443 of 2014 | Precursor to SG-SST requirements, integrated into Decree 1072. |
These regulations provide the foundation for establishing, documenting, implementing, and maintaining an OHS management system within every organization.
Occupational Health and Safety Standards and Practices
The SG-SST requires employers to adopt specific standards and practices to identify, assess, and control workplace risks. A core component is the risk assessment process, which involves systematically identifying hazards, evaluating the associated risks, and determining appropriate control measures. This assessment must be documented and updated regularly.
Another critical element is the establishment of a Workplace Safety and Health Committee (COPASST) in companies with 10 or more employees. For companies with fewer than 10 employees, a Workplace Safety and Health Promoter must be appointed. COPASST is a bipartite committee composed of representatives from both the employer and employees, responsible for promoting OHS activities, inspecting workplaces, and collaborating on risk prevention.
Training requirements are also mandatory. Employers must provide ongoing training to employees on OHS topics relevant to their specific roles and workplace hazards. This includes training on the SG-SST itself, risk prevention, emergency procedures, and the safe use of equipment and materials. Training must be documented.
Documentation obligations under the SG-SST are extensive and include:
- OHS policy and objectives
- Risk assessment matrix
- Emergency plan
- Training records
- Records of OHS inspections
- Accident and incident investigation reports
- Records of medical examinations
- SG-SST implementation plan and evaluations
Workplace Inspection Processes and Requirements
Workplace inspections are a key part of maintaining a safe environment and ensuring compliance. Internal inspections are conducted by the employer, often with the participation of COPASST or the OHS Promoter, to identify hazards, evaluate the effectiveness of control measures, and verify compliance with internal procedures and legal requirements. These inspections should be planned, documented, and followed up with corrective actions.
External inspections can be carried out by the Ministry of Labor or the Professional Risk Administrator (ARL) to which the company is affiliated. These inspections verify the implementation and effectiveness of the SG-SST and compliance with OHS regulations. Employers must cooperate with inspectors and provide access to relevant documentation and work areas. Non-compliance identified during inspections can result in penalties.
Workplace Accident Protocols and Reporting
Colombian law mandates specific protocols for responding to workplace accidents and occupational diseases. In the event of an accident or the diagnosis of an occupational disease, the employer must provide immediate first aid and ensure the affected employee receives necessary medical attention through the ARL.
Reporting is a crucial step. All workplace accidents and occupational diseases must be reported to the ARL and the EPS (Health Promoting Entity) within specific timeframes. Serious accidents must also be reported to the Ministry of Labor.
| Event | Reporting Deadline | Reported To |
|---|---|---|
| Workplace Accident | Within two working days following the event. | ARL, EPS |
| Serious Workplace Accident | Immediately, in addition to the standard report. | ARL, EPS, Ministry of Labor |
| Occupational Disease | Within two working days following diagnosis. | ARL, EPS |
Furthermore, employers are required to investigate all workplace accidents and incidents to determine their causes and implement preventive measures to avoid recurrence. The investigation report must be documented.
Employer and Employee Responsibilities for Workplace Safety
Both employers and employees have defined responsibilities within the Colombian OHS system.
Employer Responsibilities:
- Implement, maintain, and improve the SG-SST.
- Allocate necessary financial, technical, and human resources for OHS.
- Identify hazards, evaluate and assess risks, and establish controls.
- Develop and implement preventive and corrective action plans.
- Provide OHS training to all employees.
- Conduct medical examinations (pre-employment, periodic, and exit).
- Investigate workplace accidents and occupational diseases.
- Report accidents and diseases to relevant entities.
- Ensure employees participate in OHS activities.
- Provide appropriate personal protective equipment (PPE).
Employee Responsibilities:
- Comply with the SG-SST policies and procedures.
- Report hazards and risks identified in their workplace.
- Participate in OHS training and activities.
- Use PPE correctly.
- Attend medical examinations.
- Collaborate in the investigation of accidents and incidents.
- Look after their own health and safety and that of others affected by their actions.
Adherence to these responsibilities by both parties is essential for creating a safe working environment and ensuring compliance with Colombian OHS regulations.
