SAFETY AND HEALTH MANAGEMENT SYSTEM AT WORK

In accordance with the requirements of Law 1562 of 2012, Law 1610 of 2013, The Decree 1443 of 2014, Decrees 472 and 1072 of 2015, Resolution 1111 of 2017 and other regulations, all Colombian companies must have a SYSTEM OF MANAGEMENT OF SAFETY AND HEALTH AT WORK (SG-SST) focused on the inherent risks of each of its activities, formulated by qualified personnel. According to this, COMPANIES AND CONTRACTORS ARE RESPONSIBLE FOR THE SAFETY AND HEALTH OF BOTH WORKERS AND CONTRACTORS: they must be responsible for the health and safety of their employees, derived from the exercise of their duties.
WHAT ARE USUAL FAILURES IN COMPANIES REGARDING SG-SST?

The most common instances of non-compliance stem from companies being unaware of the regulations.

The second most common reason for non-compliance is the lack of budget allocated for identifying and addressing risks.

The third has to do with gaps in the technical competence and experience of some of the people in charge of the SG-SST, who may lack the information and enough training in order to protect the workers and the company.

WHAT ARE THE RISKS?
Not adhering to the SG–SST, not managing of the identified risks (identification, prevention, preparation for response and recovery), and / or not complying with the corrections and recommendations provided in promotion and prevention activities, entails the following risks:
  • accidents with deaths and injuries.
  • Loss of assets.
  • Temporary or permanent interruption of processes.
  • Non-recognition of payments by insurers, including ARLs.
  • Non-fulfilment of client expectations
  • Loss of clients.
  • Barriers in negotiations with new clients (regulations require that in order to contract a supplier in any branch, the contractor must verify its compliance with SG-SST.
  • Exclusion from contracts with the State.
  • Deterioration of the work environment.
  • Failure to comply with internal policies and goals.
  • Poor public image of the company.
  • Decrease in the nominal and / or share value.
And other implications for the business’ continuity, which may even force the firm out of the market. This can include the following business sanctions:
  • Up to one thousand (1,000) monthly legal minimum salaries, without prejudice to the other fines that the competent authority may impose for other breaches.
  • Closure of the company or paralysis of its activities for up to 30 business days, by the Labor and Social Security Inspectors.
  • Closure of the company for up to 120 business days or definitive closure of the establishment, by the Territorial Directors of Labor and Social Security.
The suspension or closure does not affect the payment of wages or benefits to workers, WHICH MUST CONTINUE BEING COVERED BY THE EMPLOYER OR CONTRACTOR even if the operation and income of the company are suspended or closed. Companies or contractors who do not comply with the provisions of the SG–SST also risk labor and economic demands by their employees (or their family members), either after an accident or even when an accident has not yet occurred. These multi-million dollar lawsuits are becoming more frequent and are generally won by the plaintiff. In the event of Occupational Accidents, the lack of the SG – SST does not allow minimizing its recurrence.
INSPECTIONS BY THE MINISTRY OF LABOR:

The Ministry of Labor has been making unannounced inspections to companies since June 2017, to review their compliance with SG-SST.  hese inspections can also be requested by any worker, or even by people outside the organization. The occurrence of any incidents or accidents triggers an automatic inspection process by the ARL and various authorities.

The deadlines for developing and installing SG-SST are as follows:

  • For companies with less than 10 employees: 18 months, counting from January 31, 2017.
  • For companies with 10 to 200 workers: 24 months, counting from January 31, 2017.
  • For companies with more than 200 workers, 30 months, counting from January 31, 2017.
HOW DOES THE FGR HELP COMPANIES TO COMPLY WITH THE SG-SST?

We provide support to the personnel in charge of the SG-SST strategy (Management and leaders), and to the tactical and operational personnel in charge of executing it.

We work to support the drafting of an SST POLICYANNUAL PLAN OF SAFETY AND HEALTH AT WORK , including its related activities and the technical support in its execution, documentation, and revision

We guide internal actions towards research and improvement.

We provide advice to respond effectively to official audits and in the annual accountability process of Emergency Brigades.

We specialize in 3 specific lines of SG- SST:

  • RISK MANAGEMENT PLANS.
  • CHEMICAL SAFETY.
  • PREPARATIONS FOR SAFE AND EFFECTIVE RESPONSE IN EMERGENCIES.