Occupational Health in Colombia

REFERENCE FRAMEWORK OF OCCUPATIONAL HEALTH BUSINESS IN COLOMBIA

All companies, whatever their size or activity must have an Occupational Health Program, not only because protecting the health of workers is a moral duty but also because it is a legal obligation noted by several legal regulations imperative compliance. Also, a good program helps to improve the productivity of companies and reports multiple benefits.

Legal Mandate: The legal standards, ranging from the Constitution, through the Labour Code, Law 100 of social security to the decrees 614 of 1984, Resolution 1016 of 1989 and Decree 1295 of 1994, forced to peremptorily employers to insure their employees against occupational hazards and to adopt and develop an Occupational Health Program. If affiliates are not directly responsible for the risks that occur in addition to the sanctions.

The prevention of occupational hazards is the responsibility of employers, as required of Article 56 of Decree 1295/94. Similarly, this rule states that "employers, and the obligation to establish and implement a permanent Occupational Health Program as established by current regulations, are responsible for accidents and occupational diseases arising in its environment of work. "

Points this decree that employers are obliged to inform their workers, the risks may be exposed in the execution of the work assigned or contracted and training them to prevent them.

Factor Productivity: Keeping employees healthy, physically and mentally satisfied with the work they do, it stimulates the production and ownership. Furthermore, the decrease in absences from work, avoid administrative and financial problems.

Remember that the human resource is the most important of all factors of production, so care must be taken with a special dedication.

Full Responsibility: In special circumstances where the employer is at fault in the prevention of occupational hazards that could be considered in addition to the compensation and insurance provided for these cases, the employer may be required by a judicial body to compensate or repair all damages demonstrate that the worker and can be higher than indicated in the tables of compensation established by the regulations.

It is pertinent to cite Article 216 of the Labor Code which states: "... Blame the employer. Where there is unproven fault of the employer, in the occurrence of an accident or occupational disease, is bound to the total compensation for damage ordinary, but the amount of it must be deducted the value of cash benefits paid under the standards set forth in this chapter. "

Responsibilities and Sanctions: Employer not to adopt an Occupational Health Program at your business, is liable to various sanctions ranging from fines to temporary or permanent closure of the business or industry.

In particular, the 1295 Act in its Article 21 Paragraph D, requires employers to plan, implement and monitor compliance with the Occupational Health program and its financing company. In Article 22 Paragraph D, requires workers to comply with the rules, regulations and instructions of the Occupational Health Program of the companies.

In Resolution 1016 of 1989 in Article 4, Paragraph 1, forces employers to have an occupational health program, specific and particular, in accordance with their potential and actual risks according to the number of workers. It also requires employers to allocate financial and human resources and physical prerequisites for the development and enforcement of the Occupational Health Program, according to the severity of the risks and the number of exposed workers. Likewise, the occupational health programs are required to monitor the compliance of Occupational Health in the entire company, and in particular, in each workplace.