CORRUPTION DRAFT LAW TO AMEND THE GENERAL SYSTEM OF PROFESSIONAL RISK. FINAL TEXT PROPOSED BILL NUMBER 067 OF 2010 SENATE
for which modifies Professional Risks System and other provisions relating to occupational health.
The Congress of Colombia decrees: Article 1
. Amend Article 13 of Decree Law 1295 of 1994, which will read:
"Article 13. Affiliates. They are members of the General System of Occupational Hazards:
a) compulsory:
1. Dependent workers or foreign national, linked by contract or as public servants, the people linked through a formal contract of personal services entities or public or private institutions, such as civil contracts, commercial or administrative, with longer than one month and accuracy of weather situations, how and where that service is performed.
2. Cooperatives of Associated Work and Pre are responsible under the law, of the enrollment process and paying the fees associated workers. For such purposes are applicable to all existing legislation on the subject for dependent workers and similarly are applicable obligations of occupational health, including the formation of glasses.
3. Retirees and pensioners, who rejoin the workforce as dependent workers, bound by contract or as public servants, and
4. Students of all academic levels of public and private educational institutions required to work that mean source of income for the respective institution or whose training or educational activity is required for the completion of their studies, and involves an occupational hazard, in accordance with regulations that effect is issued within one year following the publication of this law.
5. Teachers in all public educational institutions linked to the state through administrative action, whether they are in or provisional teaching career, at the national, departmental and municipal levels, without affecting its performance based regime under the special and Social Benefit Fund for Teachers.
6. Self-employed workers who work in activities scheduled by the Ministry of Protection as high risk must necessarily be affiliated with the Professional Risk System and the payment of the membership will be by the contractor.
b) On a voluntary basis:
Self-employed, other than those set out in paragraph a) of this Article, in accordance with the regulations for that purpose by the National Government ".
Paragraph 1 °. In the regulations issued by the National Government to the linkage of these workers take all the obligations of the System of Occupational Hazards they are applicable and accurately in situations of time, manner and place that provision is made.
Paragraph 2 °. In the regulations issued by the National Government in relation to persons referred to in subparagraph b) of this rule may indicate that they can join the social security system through guilds or nonprofit associations by occupation , occupation or activity, under the supervision and control of the Ministry of Social Protection.
Paragraph 3 °. Membership in the Professional Risk System Contractor shall be borne by the contractor.
Paragraph 4. The Social Benefit Fund Teachers' will make the necessary adjustments for coverage of teachers in public and occupational health risks does not affect its operation.
Article 2. Accident. It is an accident at work every event because sudden occurrence or during the work and the worker to produce an organic lesion, functional or psychiatric disturbance, a disability or death.
accident is also one that takes place during the execution of the employer, or during performance of work under his authority, even outside the place and hours of work.
also considered work-related accident that occurs during shipment workers from their residence to places of work or vice versa, when the transport is supplied by the employer.
also be considered work-related accident which occurred during the exercise of union activity even if the worker is on leave of association provided that the accident occurs in response to union activities. Similarly
considered accident which occurs due to the implementation of recreational, sporting or cultural, when acting for or on behalf of the employer.
Article 3. Occupational disease. It's an occupational disease contracted as a result of exposure to risk factors arising from work activity or medium in which the worker has been forced to work. The National Government shall, from time to time, the diseases that are considered as professionals and in cases where a disease not listed in the table of occupational diseases, but proof of the causal link with occupational risk factors will be recognized as occupational disease, as established in current legislation. Paragraph
. The Government, after hearing the concept of the National Occupational Hazards, determine, periodically, the diseases that are considered as professionals.
Section 4. Join settlement basis. Income means a basis for settle the economic benefits as follows:
a) For accidents
The average of the six (6) months preceding the accident, or fraction of months, if the time worked in that company is less than the contribution base declared and registered with the Professional Risk Management Authority which is affiliated;
b) For occupational diseases
The average of the last year or partial year of the contribution base in the enterprise obtained by grading the first opportunity origin of the occupational disease.
If the score on first down is made when the worker is disconnected from the company Take the average of the last year or fraction of a year if the time worked is less, of the contribution base declared and registered in the last Entity Risk Management Professionals to which member was pre-approved status. Paragraph
. The sums of money the Professional Risk Managers Entities payable by the financial benefits should be indexed, based on the Consumer Price Index certified by the National Bureau of Statistics, DANE.
Article 5. Amount of contributions. The amount of contributions shall not be less than 0.348%, or more than 8.7% of the contribution base workers and their payment will be made by the respective employer.
The National Government shall adopt the table of minimum and maximum prices for each category of risk.
Article 6. Effects for non-payment of contributions to the General System of Occupational Hazards.
The late payment of contributions to the General System of Occupational Risks for the duration of the employment relationship does not create an automatic resignation of workers.
In the event that the employer is in arrears to make their contributions to the General System of Occupational Hazards will be responsible for costs incurred by the Professional Risk Management Authority because of the care service provided workers, and the payment of contributions in arrears with their respective interests and the payment of financial benefits that might arise.
The settlement, duly supported, undertaking Entities Professional Risk Managers in benefits granted, unpaid contributions and interest on overdue credit paid executive.
is understood that the affiliate is in arrears if it has not fulfilled its obligation to pay the corresponding contributions within the period stipulated in current legislation. To this end, the Supreme respective Occupational Risk Management must be submitted to the last known address of the affiliated company communication by certified mail within a period not exceeding one (1) month after non-payment of contributions. Communication will be the affiliated company in default. Copy of this letter should be sent to the representative of the Workers' Joint Committee on Occupational Health (bowls). If after two (2) months from the date of registration of the communication continues to delay, the Professional Risk Manager may decline to accept the affiliation of new workers of the corresponding company or entity in arrears, with notification to the Employer, which will notify the relevant territorial directorate of the Ministry of Social Protection for the effects. Administrator must bear the establishment consecutive record of previous warnings.
Paragraph 1 °. When Entity Risk Management Professionals, having exhausted all means for the purpose of recovering amounts owed to the General System of Occupational Hazards, check that has been unregistered trade by final settlement or has given a final closure of the employer and in its possession relevant evidence in accordance with existing rules on the matter, may terminate the membership of the company.
Paragraph 2 °. Without prejudice of the employer's responsibility to take professional risks of their workers in case of default in payment of raw or compulsory contributions, up to all the administrative bodies to advance the professional risk of enforced collection actions for, against the employer in default and subject to the written request which establishes the value owed and the number of workers affected.
the Government within six (6) months following the issuance of this Act, give directions, mechanisms, powers and exercise recommendations for enforced collection, for which the professional risk managers should form a department, unit or coercive collection office itself or contracted, with national and regional coverage.
To this end, the settlement by which the professional risk manager to determine the value owed, executive merit pay, and fees, expenses and court costs will be borne by the employer. The National Government will regulate the matter.
Section 7. Report information advocacy and prevention. The Professional Risk Management Entity shall submit a report of the activities are developed in affiliated companies during the year on promotion and prevention to the Ministry of Social Protection, for purposes of monitoring and enforcing compliance with the guidelines established by General Risk Management Professionals or his substitute.
This report should be submitted biannually to the Regional Directorates of the Ministry of Social Protection for monitoring and verifying compliance.
Failure of promotion and prevention programs in accordance with the guidelines of the Directorate General of Occupational Hazards entail a fine of five hundred (500) legal monthly minimum wage in force. Graduated fines according to the seriousness of the offense and always follow due process. Paragraph
. In case of failure of promotion and prevention programs, the employer shall inform the Directorate General of Occupational Hazards of the Ministry of Social Protection for verification and decision.
Section 8. Amend Article 66 of Decree Law 1295 of 1994, which read as follows: "Article 66
. Supervision of high risk ventures. Entities Professional Risk Managers and the Ministry of Social Protection, will oversee a priority directly or through competent third parties accredited for this purpose, a high-risk companies, particularly in the implementation of the Occupational Health Program under the Guarantee System Quality Control Systems for Occupational Risks and Special Measures for Prevention and Promotion.
Section 9. Strengthening prevention of occupational risks in the micro and small enterprises in the country. Entities Professional Risk Managers will strengthen promotion and prevention activities in micro and small enterprises that have high accident or are classified as high risk.
The Ministry of Social Protection will define the technical criteria based on which the Supreme Professional Risk Managers focus their promotion and prevention so as to strengthen these activities in micro and small enterprises. Technical criteria will take into account the coverage of workers affiliated to micro and small enterprises and the frequency, severity and causes of accidents and occupational diseases in these companies. Paragraph
. Within campaigns replicable physical or electronic media and general promotional activities and prevention of occupational hazards Entities regularly conduct Professional Risk Managers will be involved in informal sector workers in the economy.
Article 10. Promotion and Prevention Services. The minimum activities of promotion and prevention in the General System of Occupational Hazards by the Professional Risk Managers entities are as follows:
1. Basic activities of five companies percent (5%) of the subscription, at a minimum will include:
a) programs, campaigns and education and prevention measures aimed at ensuring that its affiliates are aware, compliance with standards and technical regulations in occupational health, issued by the Government national
b) programs, campaigns and education and prevention measures aimed at ensuring that its member companies comply with the development of base level of annual work plan of the Occupational Health Program;
c) Technical assistance to design basic Occupational Health Program and the annual work plan of all firms;
d) Basic Training for mounting the emergency brigade, first aid and quality system in occupational health.
e) Training for members of the joint occupational health committee for firms with a larger number of 10 workers, or occupational scouts who serve the same functions of occupational health in enterprises with fewer than 10 employees;
f) Promotion of work styles and lifestyles, according to the epidemiological profiles of the companies;
g) Investigation of accidents and occupational diseases in workers of their affiliates.
2. Ninety-four percent (94%) of the listing, the entity professional risk manager will allocate at least ten percent (10%) for the following:
a) Development of regular programs of prevention and control of occupational hazards and comprehensive rehabilitation in affiliated companies;
b) Support, advice and development campaign on its affiliates for the development of activities to control risk, the development of epidemiological surveillance systems and evaluation and formulation of adjustments to the annual work plan of the companies.
The two main objectives of this obligation are: ongoing monitoring of working conditions and health, and effective risk control.
c) The administering occupational hazards should develop programs, campaigns, create or implement mechanisms and actions to prevent collateral damage and fallout in the event of partial permanent disability and disability, to achieve comprehensive rehabilitation, retraining and relocation processes work;
d) Design and consultancy in the implementation of areas, jobs, machinery, equipment and tools for re-employment processes in order to intervene and prevent occupational accidents and diseases;
e) The professional risk management entities may develop finance companies to control risk factors the source and the working environment, for which they can acquire, manufacture, lease and sell the necessary equipment and materials, providing loans properly secured and the lower interest rate established by the Superintendent of Financial Institutions at the time of granting credit .
The funding scheme does not require authorization, but is supervised and controlled by the Superintendency of Finance.
3. 1% will go to the Professional Risk Fund.
Paragraph 1. The professional risk managers can not move the human resource and finance activities by law belongs to the employer, and must provide all services to promote and prevention without any discrimination, the principle of solidarity, without taking into account the amount of the contribution or the number of unionized workers.
Paragraph 2. In all cities or municipalities where there are workers affiliated to the General System of Occupational Hazards Occupational Hazards administrators should develop advocacy and prevention with an interdisciplinary team trained and licensed to own or contracted occupational health at your own risk.
Paragraph 3 º. The Professional Risk Management Entity shall submit a plan with programs, goals and level of resources that will be undertaken during the year on promotion and prevention, the Ministry of Social Protection for purposes of monitoring and enforcing compliance with the guidelines established by the Directorate General of Occupational Hazards.
Paragraph 4 º. Administrative expenses of the Supreme Administrative Professional Risk s will be limited, preliminary study by the National Irrigation Board Professionals.
Paragraph 5 º. The insurance mediation work in the field of occupational hazards, are reserved by law, the head of insurance brokers supervised by the Financial Supervision and the agencies and insurance agents, upon proof of their professional qualifications and human infrastructure and operational required for that purpose, to register with the Ministry of Social Protection.
The Professional Risk Managers will default on any payment to persons other than those mentioned in the previous paragraph, by the labors of insurance mediation. It is considered the unauthorized practice violation of this provision, the violation will be sanctioned by the Superintendency of Finance, as established in the Organic Statute of the Financial System.
The National Government shall, within the three months following the enactment of this Act, the regulations establish the criteria by which they are accredited professional qualifications and human infrastructure and operations referred to this article.
Article 11. Purpose of the Professional Risk Fund. Amend Article 22 of Law 776 of 2002, which replaced Article 88 of Decree Law 1295 of 1994, which will read:
Professional Risk The Fund aims to:
a) Further studies, campaigns and education activities , prevention and investigation of occupational accidents and diseases around the country;
b) Advancing education, campaigning and education, prevention and investigation of occupational accidents and diseases in vulnerable population of the territory national
c) may also be funded research studies that support decisions on financial, actuarial and technical development required for the General System of Occupational Risks, and to create and implement a single information system and a system Quality Assurance System System Management Professional Risk;
d) Providing an economic incentive grant to the contribution to the overall system of occupational hazards, informal self-employed, without any contract or relationship, by trade, work or economic activity and in accordance with regulations issued by the National Government in order to promote and support policies in the process of formalizing labor and entrepreneurship, the economic incentive to subsidize the price to be granted may not exceed one year. The National Council for Occupational Risks in accordance with available resources, prioritize the plan of insurance benefits to this population, preserving their financial sustainability.
In any case the application of the fund's resources that is paragraph d), may exceed thirty percent (30%) of revenues collected by the Professional Risk Fund for the duration. Paragraph
. The resources of the Professional Risk Fund outside the National General Budget, no may be assigned to administrative and operating expenses or to fund anything other than provided for in this Law shall be handled in trusteeship.
Article 12. Penalties. Amend paragraph 2, subparagraph a) of Article 91 of Decree Law 1295 of 1994, as follows: Failure to
programs in occupational health, occupational health standards and those of employer obligations provided for in General System of Occupational Hazards, will entail a fine of five hundred (500) monthly legal minimum wage, phased according to the seriousness of the offense and after completion of due process. In case of recurrence in such behaviors or failure of the remedies to be taken, made by the Professional Risk Management Authority or the Ministry of Social Protection, duly proved, may order the suspension of activities or closure of the company by the Ministry of Territorial Directors Social Protection, ensuring due process.
The Ministry of Social Protection, regulate the scale of penalties depending on the severity of the violation of occupational health and occupational hazards, taking into account the limits set in the previous paragraph ".
added and in Article 91 of Decree Law 1295 of 1994, as amended by section 115 of Decree 2150 of 1995, the following clause:
What caused deadly accident demonstrated the failure of occupational health standards, the Ministry of Social Protection imposed a fine of not less than twenty (20) statutory monthly minimum wage, not more than five hundred (500) legal monthly minimum wage, in case of repeated infringement of corrective promotion and prevention made by the Professional Risk Management Authority or the Ministry of Social Security once checked the circumstances, it may order suspension of activities or closure of the company by the Ministry of Territorial Directors Social Protection, guaranteeing due process ".
Article 13. Quality Assurance in Occupational Health and Occupational Hazards. The Ministry of Social Protection in a period not to exceed one year from the effective date of this Act, define the Mandatory System for Quality Assurance in Occupational Health and Occupational Hazards, which must meet the actors involved in the system General Occupational Hazards. Visits to verify compliance with the minimum standards laid down in that quality assurance system will be implemented through appropriate third party accredited for that purpose by the accrediting body that defines the Ministry of Social Protection. The cost of the visit will be borne by the respective subject.
It is up to the Regional Directors of the Ministry of Social Protection based on the report of the third ideal ground for the visit, guaranteeing due process issue, deny or condition the certificate of quality in accordance with regulations for that purpose by the Professional Risk Management of the Ministry of Social Protection, breach as stated in paragraph 1 of this Article shall result in the sanctions described in article 12 of this law.
Article 14. Inspection and surveillance. Corresponds to the Regional Directorates of the Ministry of Social Protection monitoring and control of the recognition of the economic benefits and all aspects related to the management, prevention, care and control of occupational hazards that they advance the professional risk management entities.
up to the Financial Supervisory control and monitoring of professional risk management entities, in relation to the levels of capital, reserves, investments and financial control, without prejudice to other functions generally assigned to the Superintendency for inspection and surveillance on the monitored entities.
Corresponds to the Superintendency of Health to control and monitor the delivery of health services in the terms set forth in Part II of Act 100 of 1993.
Article 15. Article 42 of Law 100 of 1993, will read:
Article 42. Conservation, management and operation of the Regional Boards and National Disability Rating. Regional Boards and National Disability Rating agencies are the Social Security system at the national, legal building, with legal personality under private law, non-profit, interdisciplinary, subject to statutory audit, with technical and scientific in the expert, whose decisions are binding, without prejudice to the second instance that corresponds to the National Disability Rating, in respect of regional and according to regulations established by the Ministry of Social Protection.
be subject to the regulations established by the national government, integration, management, operation, regionalization of the country for the purpose of running boards, sliding fee scale for its members, operational procedures and appeals and appeal. Fees to be canceled at the Regional Boards and National Disability Qualification will be paid by the relevant social security institution. The natural person or legal entity or the appropriate delegated responsible according also to the regulations issued by the Government.
up to the Regional Board in the first qualifying disability and to determine its origin and National qualifying disability risk-based capital of the Republic and the resolution of disputes on appeal be submitted for decision Regional Board or respective Sectional. Paragraph
. The National Board members and regional disability rating shall be governed by this law, shall act within the relevant period and if necessary, remain in office until possession is made of the new members for the relevant period, subject to competitive examination as determined and regulated by the Ministry of Social Protection.
Article 16. Article 43 of Law 100 of 1993, will read:
Article 43. Impediments, challenges and sanctions. The members of the Board s Regional and National, in an odd number, will be appointed through public selection and objective, the Ministry of Social Protection for the purpose and in accordance with regulations issued by the Government. Individuals are exercising a public function in providing of the service and may not have any, or activities related to the characterization of the origin and degree of loss of earning capacity or administrative or commercial work in the administrative bodies of the Comprehensive Social Security System, or its management institutions, monitoring and control.
The Board members are subject to constraints and challenges regime applicable to the Judges of the Republic, pursuant to the Code of Civil Procedure and its procedure will be performed in accordance with Article 30 of the Administrative Code and as individuals exercising public functions, he applies the Single Disciplinary Code. Paragraph
. Members of the National Board and Regional Boards have no disability rating of the character of public servants do not earn wages or benefits and are only entitled to fees set by the Government.
Article 17. Supervision, inspection and Rating Boards Invalidez.El Ministry of Social Protection will perform the supervision, inspection and administrative control, operational and financial management of the Disability Rating Board and shall, inter alia, the time resolution of cases, reporting and real participation of stakeholders processes, compliance with due process and respect the legal rights of all parties and implement an information system on the state of each process step and may impose fines on an individual basis to each member of the boards up to one hundred (100) monthly minimum wage, phased according to the seriousness of the offense, for violation of rules, procedures and regulations of the General System of Occupational Hazards. The revenues from fines to the fund are occupational hazards.
Article 18. Occupational Licenses. The national government will regulate in a period of six (6) months from the date of issuance of this law, the procedure and requirements for the granting of licenses in occupational health people and corporations, as a minimum should include: requirements, experience, scope according to their profession ng, national coverage and departmental, academic, and life license.
Article 19. Flow of resources between the System of Occupational Risks and Social Security System in Health. To ensure adequate and timely flow of resources between insurance systems and Social Security in Health, the following rules shall apply without prejudice to the provisions of Article 6 of Decree-Law 1295 of 1994:
1. Risk Administrators Professionals - ARP payable to Health Promotion Entities - EPS value of assistance and economic benefits of events first opportunity as qualified professional home and have been assumed by the Health Promotion Entities - EPS, within 30 calendar days after the filing of such request, provided that it meets the requirements specified in the regulations and no objections were raised or gloss would be based on the origin or any other matter relating to the request for reimbursement by Administrator Occupational Hazards "ARP. If this objection would be defined and established mechanisms for dispute resolution under current legal standards.
2. When the Professional Risk Managers ARP "not paid within the deadlines set in the previous paragraph to the Health Promotion Entities" EPS, with the Professional Risk Managers ARP "obliged to do so, they must recognize interest on arrears at a rate maximum moratorium legal force that governs all financial obligations applicable to social security.
3. The submission of the refund request made by the Health Promotion Entity "EPS before the Professional Risk Manager" ARP, interrupts the prescription charge account, provided they meet the requirements specified in the regulations and no serious objections were raised and funded by the Professional Risk Management "ARP. The statute of limitations continue to be governed by the laws in force. Nothing in this paragraph does not revive already prescribed situations.
4. The rules outlined in the preceding paragraphs shall also apply to refunds as requested by the Professional Risk Managers "ARP to Health Promotion Entities" EPS.
added and a paragraph to Article 6 of Decree-Law 1295 of 1994, as follows:
Paragraph 2 °. For the provision of health services to members, the General System of Occupational Hazards, banks professional risk managers must provide health services that require their members on the occasion or cause of an accident or occupational disease to any servicing institution IPS-enabled health service delivery, meeting the requirements of efficiency, quality and timeliness accordance with the regulations for that purpose issued by the Directorate General of Occupational Hazards of the Ministry of Social Protection.
For purposes of implementing the preceding paragraph shall be organized and integrated network of health services, the professional risk management entities shall inform in advance of its affiliates the location of the network you can go.
control and surveillance in the health service is in charge of the National Superintendence of Health.
Article 20. Occupational Health of the Magisterium. The Ministry of National Education and the National Teachers' Social Benefits Manual establish the rating of disability and occupational diseases table for teachers affiliated with the fund. Also establish the implementation of occupational health programs, the joint committees on occupational health, advocacy, prevention and surveillance systems. The adoption and implementation of it will not affect at all the special health exception in accordance with Article 279 of Law 100 of 1993 is in effect for members of the National Fund of Social Benefits for Teachers.
The above activities will be implemented and regulated in a period of one year from the date of the enactment of this law. < o:p>
Article 21. Prescription. The pension payments and other benefits under the General System of Occupational Hazards prescribed period of three (3) years, counted from the date generated, and determine the right concrete.
Article 22. Adds Article 4 of Decree 1295 of 1995, features System with the following paragraph:
Paragraph. Any extension of coverage will have financial and technical study prior to ensure the overall sustainability of the General Irrigation System Professionals.
Article 23. Force and repeals. This law applies from the date of publication, and repealing all provisions which are contrary.
Gloria Inés Ramírez Ríos, Eduardo Carlos Merlano, Eustace Fernando Tamayo, Senators of the Republic. STANDING COMMITTEE ON CONSTITUTIONAL
SEVENTH THE HONORABLE SENATE OF THE REPUBLIC
Bogotá, DC, at twenty (28) days of February two thousand and eleven years (2011). The present
authorizing the publication date in the Gazette of the Congress, the report presentation for the second debate and proposed text for the second debate, in twenty (22) pages, the Draft Law No. 67 of 2010 Senate, which amends Professional Risks System and other provisions relating to occupational health. Authored bill the honorable SenadoraGloria Inés Ramírez Ríos.
The Secretary,
Spain Jesús María Vergara. SECRETARIAL NOTE
This paper report for the second debate and proposed text for the second debate, which is directed to publish, with positive proposition is endorsed by the honorable Senators Gloria Inés Ramírez Ríos and Carlos Eduardo Morales Merlano, as speakers. The honorable Senator, Fernando Tamayo Tamayo, did not endorse this report presentation.
The Secretary,
Spain Jesús María Vergara.
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