COLOMBIA
/The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner. Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.
1 Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness?
Through Art. 13 of decree 538 of the April 12, 2020 COVID-19 cases are included within the table of occupational diseases. COVID-19 is listed as a direct occupational disease for health sector workers, including administrative, cleaning, surveillance and support personnel who provide services in the different activities of prevention, diagnosis and care of this disease. Ministry of health through decree 676 of May 19, 2020 includes the disease COVID-19 as an occupational illness within the table of occupational illnesses and this will be considered as an occupational illness directly for health sector workers, including the administrative, cleaning, surveillance and support staff who provide direct services in the different activities of prevention, diagnosis and care of this disease. The labor risk administrators are obliged to recognize all medical and healthcare benefits as well as contribute with the financing and / or with the delivery of the personal protection equipment of the affiliates to the health sector.
COVID-19 cases can be accepted as occupational disease for other sectors if workers can demonstrate that the disease was acquired at work where there was direct exposure.
2. Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?
The national government through decree 749 of May 28, 2020 decides to extend the mandatory preventive isolation measure until July 1, 2020. In this decree, the national government extends the exceptions to the mandatory isolation measure for activities such as: Manufacturing, repair, maintenance and purchase and sale of spare parts and accessories for conventional and electric bicycles, public parking lots for vehicles, museums and libraries, practical and research laboratories of institutions of higher education and education for work and human development, professional and technical activities and general services and hairdressing services.
NOTE: It is important to note that mayors and governors may be stricter on the dates of entry of new activities and on the requirements for reactivation, in the case of Bogotá, the mayor decreed through decree 131 of May 31, 2020 that the new activities mentioned in decree 749 of May 28 2020 will only take effect on June 15, 2020.
Decree 768 of May 28, 2020: The provision of the public transport service and its infrastructure are reactivated. The reactivation of the taxi service is allowed, and the collection of tolls is activated throughout the national territory from June 1, 2020. Taxi drivers and transport service providers in general must follow the biosafety protocols established for the transport sector
3. Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business? If so, please list them below and how long they will be in place.?
Resolution 041 of June 2, 2020: The Ministry of Labor issues guidelines for work at home. This standard applies to all employers and workers in the private sector and to professional risk insurance companies.
Decree 770 of June 3, 2020:
Adopt the mechanism for the protection of the Unemployed
Employers are authorized to modify the workday to avoid exposure of employees on public transport, however, the business day cannot exceed 48 hours per week
Extends the payment date to pay the service extra-payment until December 20, 2020 by mutual agreement with the employee and
Establishes guidelines for employers to access the payment support program of the government to pay the service extra-payment.
The government has established that the construction and manufacturing sector can start activities from April 27, 2020 complying with specific biosafety protocols for its employees and activities. These protocols must be presented and approved by the health secretaries of the area where they operate. Resolution No. 682, April 24, 2020 and Resolution No. 675, April 24, 2020 of the Ministry of Health and Social Protection contain the guidelines to establish biosafety protocols for the construction and manufacturing sector.
Employers must adopt administrative control measures to reduce exposure such as: flexibility of shifts and work schedules, as well as promoting remote work or work at home. To start activities, employers must follow the biosafety protocols established in Resolution No. 666 April 24, 2020 of the Ministry of Health and Social Protection.
For the city of Bogotá, the mayor of the city issued:
Decree 121 of April 24, 2020, through which transitional measures are established to guarantee the provision of public transport service, mobility in the city of Bogotá DC and the compliance with biosafety protocols to adequately mitigate, control and manage the COVID-19 coronavirus pandemic during the public calamity declared in the capital districtt.
Decree 126 of May 10, 2020 Through which transitional measures are established for the management of the risk derived from the coronavirus COVID-19 pandemic during the state of public calamity declared in the capital district. It establishes the obligatory use of the mask at all times when people are outside the home, social distancing and hygiene and distancing measures for the staff, clients and operation of the establishments and premises that are open to the public. Special care areas are established within the city which are placed in mandatory quarantine. Guidelines for the transportation and Registration in the platforms of the productive activities that are authorized to restart activities.
Biosafety protocols are established for the transport sector, coffee farmer, transport infrastructure, drinking water and basic sanitation and games of luck and chance.
There are guidelines for the public and for businesses. Currently, all the regulations in force can be found using http://www.suin-juriscol.gov.co/legislacion/covid.html and http://sisjur.bogotajuridica.gov.co/sisjur/index.jsp
Biosafety protocols are established for following sectors and activities:
Resolution 666 of April 24, 2020: General Biosafety Protocol to Mitigate, Control and Perform the Adequate Management of the Covid-19 Coronavirus Pandemic.
Resolution 675 of April 24, 2020: Adopts the Biosafety Protocol for Risk Management and Control of the Covid-19 Coronavirus in the Manufacturing Industry.
Resolution 677 of April 24, 2020: Adopts the Biosafety Protocol for Risk Management and Control of the Covid-19 Coronavirus in the Transportation Sector.
Resolution 678 of April 24, 2020: Adopts the Biosafety Protocol for the Management and Control of the Risk of Covid-19 disease in the Coffee Sector.
Resolution 679 of April 24, 2020: Adopts the Biosafety Protocol for Risk Management and Control of the Covid-19 Coronavirus in the Transport Infrastructure Sector.
Resolution 680 of April 24, 2020: Adopts the Biosafety Protocol for Risk Management and Control of the Covid-19 Coronavirus in the Drinking Water and Basic Sanitation Sector.
Resolution 681 of April 24, 2020: Adopts the Biosafety Protocol for the Management and Control of the Risk of Coronavirus COVID-19 in the Gambling activities.
Resolution 682 of April 27, 2020: Adopts the Biosafety Protocol for the Management and Control of the Covid-19 Coronavirus in the Building Construction Sector.
Resolution 714 of April 30th, 2020: Adopts the Biosafety Protocol for Risk Management and Control of the Covid-19 Coronavirus in Development of the apthose fever Vaccination Cycle.
Resolution 734 of May 08, 2020: Adopts the Biosafety Protocol for the prevention of virus transmission in the Municipalities without Covid-19 Coronavirus.
Resolution 735 of May 08, 2020: Adopts the Biosafety Protocol for the management and control of the risk of coronavirus COVID-19 in call centers, contact centers, technical support centers, data processing centers, shared service centers, including business process outsourcing, and home services, messaging and digital platforms.
Resolution 737 of May 09, 2020: It adopts the biosafety protocol for the prevention of the Coronavirus COVID-19 in the following business and support activities: maintenance and repair of computers and communications equipment; repair of furniture and accessories for homes, and washing and cleaning, including dry cleaning of fabrics and leather products (only for homes), divisions described with the International Standard Industrial Classification: CIIU 951, 9524 and 9601, respectively.
Resolution 738 of May 09, 2020: Adopts the Biosafety Protocol for the prevention of the Coronavirus COVID-19 in the manufacture of electronic components and boards (CIIU 2610); computers and peripheral equipment (CIIU 2620); communication equipment (CIIU 2630); manufacture of consumer electronic devices (CIIU 2640); optical instruments and photographic equipment (CIIU 2670), machinery and equipment n.c.p – CIIU Division 28; manufacture of motor vehicles, trailers and semi-trailers; other types of transport equipment - CIIU Divisions 29 and 30; of motor vehicles, trailers and semi-trailers; and manufacture of other types of transport equipment – CIIU divisions 29 and 30; of furniture, mattresses and bed bases – CIIU division 31 of the manufacturing industry.
Resolution 739 of May 09, 2020: Adopts the Biosafety Protocol for the prevention of the Coronavirus COVID-19 in the following activities in the commercial sector: maintenance and repair of motor vehicles and motorcycles, their parts, pieces, glass products, equipment and materials for plumbing and heating; wholesale of other domestic utensils N.C.P .; wholesale trade of household appliances and equipment; retail trade of hardware, paints and glass products in specialized stores; and retail trade of books, newspapers, materials and stationery and stationery in specialized establishments, identified with the codes CIIU 45, CIIU 4663, CIIU 4649, CIIU 4644, CIIU 4752, CIIU 4761, respectively.
Resolution 748 of may 13th, 2020: Adopts the Biosafety Protocol in order to mitigate, control, and adequately manage the Coronavirus COVID-19 pandemic in the manufacturing industry authorized for the production of food products and beverage manufacturing, the petrochemical, chemical and related industries, manufacturing of other non-metallic mineral products and manufacture of basic metallurgical products.
Resolution 773 of may 14, 2020: Adopts the Biosafety Protocol for the prevention of the transmission of the Coronavirus COVID-19 in the livestock sector, particularly in poultry, pig, livestock, equine, aquaculture, fishing and farms producing small species, and importing, storage companies, conditioning and marketing of livestock inputs.
Resolution 796 of May 20th, 2020: Adopts the biosafety protocol for the prevention of the Coronavirus COVID 19 in the Agricultural Sector.
Resolution 797 of May 20th, 2020: It adopts the biosafety protocol for the management and control of the risk of the disease COVID 19 in the Mines and Energy sector.
Resolution 798 of May 20th, 2020: It adopts the biosafety protocol for the management and control of the risk of the Coronavirus COVID-19, in the different links of the logistical chain of the lodging service that is provided to health personnel, custody and surveillance of the population deprived of liberty , and of the Military Forces and Public Force.
Resolution 154 of May 21th, 2020: Adopt, adapt and implement the measures defined in the General Biosafety Protocol issued by the Ministry of Health and Social Protection through Resolution 666 of April 24, 2020, through the Technical Annex, within the Special Administrative Unit for Rehabilitation and Road Maintenance. that is part of this administrative act, aimed at minimizing the factors that may generate the transmission of the disease by Coronavirus COVID-19.
4. Which governmental authority issued these guidelines, and are they voluntary or mandatory?
The standards were issued by the President of the Republic and the different ministries, such as the Ministry of Labor and Social Protection, the Ministry of Health, the Ministry of the Interior, Justice, Transportation, and entities attached to these ministries.
Some of these regulations are mandatory and others are informative and / or protection for vulnerable populations, employment protection and aid for companies. Please contact us for more detail on those that are mandatory.
5. Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?
Leaving home without justification, in accordance with the activities allowed in Article 3 of Decree 457 of March 22, 2020 can result in a fine of up to one million Colombian pesos (USD $246). In cases where it is proven that the person is positive with COVID -19 and exposes the general population, a jail sentence of 4 to 8 years could be imposed, in accordance with article 368 of the Colombian Penal Code.
Companies that do not comply with biosafety protocols are not allowed to carry out activities
6. Has your country adopted any laws or regulations related to COVID-19?
The national government has issued new regulations focused on protecting citizens from the pandemic, improving the scope of diagnostic tests, health care. New laws have also been issued to protect vulnerable populations, jobs and to prevent companies from going bankrupt. Laws and regulations can be found at the link provided in question #3.
The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available. If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.
