Decree 1072 of 2015 (Colombia)

What is Decree 1072 of 2015?

In 2015, Colombia adopted the technique of single regulatory decrees to consolidate, sector by sector, the scattered regulatory framework. In the labor sector, Decree 1072 of 2015 compiled previous decrees without modifying their substantive content, so the obligations regarding occupational safety and health did not originate with it: they stem, among others, from Decree 1443 of 2014, which had already replaced the former Occupational Health Program with the SG-SST (Occupational Safety and Health Management System), and are based on Law 1562 of 2012, which modernized the General System of Occupational Risks.

Chapter 6 of Title 4 is the section that focuses on the regulation of the Occupational Health and Safety Management System (OHSMS). It defines the system as a logical, step-by-step process, based on continuous improvement, that includes policy, organization, planning, implementation, evaluation, auditing, and improvement actions, with the objective of anticipating, recognizing, evaluating, and controlling risks that may affect occupational health and safety. It applies to all public and private employers, those contracting personnel under any modality, solidarity economy organizations, and temporary employment agencies.

The decree is complemented by Resolution 0312 of 2019 from the Ministry of Labor, which sets the minimum standards of the SG-SST gradually according to the number of workers and the level of risk of the company, and by specific regulations such as Resolution 1401 of 2007 on the investigation of work incidents and accidents.

Essential content of the SG-SST chapter

• Policy and objectives (articles 2.2.4.6.5 to 2.2.4.6.7). The employer must establish a written occupational safety and health policy, dated, signed, communicated and reviewed at least once a year, with measurable objectives consistent with the risk assessment.
• Employer obligations (article 2.2.4.6.8). Define responsibilities, allocate resources, be accountable, comply with regulations, manage hazards and risks, prepare the annual work plan, guarantee training and ensure the participation of workers through the COPASST or the safety officer.
• Responsibilities of the Occupational Risk Administrators and the workers (articles 2.2.4.6.9 and 2.2.4.6.10). Occupational risk administrators provide advice and technical assistance; workers must ensure their comprehensive care, report risk conditions, and participate in the system’s activities.
• Documentation and preservation (articles 2.2.4.6.12 to 2.2.4.6.14). List of minimum documents (policy, responsibilities, hazard identification, annual plan, training program, procedures, records, updated legal matrix ) and preservation of certain records for twenty years.
• Hazard planning and identification (articles 2.2.4.6.15 to 2.2.4.6.17). Systematic methodology for hazard identification, risk assessment and evaluation, updated at least annually and after changes or accidents, with initial assessment and annual work plan.
• Indicators (articles 2.2.4.6.19 to 2.2.4.6.22). Structure, process and outcome indicators, defined with a technical data sheet and used to evaluate the system.
• Hazard, change and contractor management (articles 2.2.4.6.23 to 2.2.4.6.28). Hierarchy of control measures, prevention and emergency response, change management, procurement and contracting.
• Verification and improvement (articles 2.2.4.6.29 to 2.2.4.6.34). Annual audit with participation of the COPASST, review by senior management, investigation of incidents, accidents and occupational diseases, and preventive and corrective actions.

Structure of participation and monitoring

• COPASST and watchman. The Joint Committee on Occupational Safety and Health is the participatory body in companies with ten or more workers; in those with fewer than ten, a watchman for occupational safety and health acts.
• Workplace coexistence committee. Specific body for the prevention of workplace harassment , regulated by its own rules and coordinated with the SG-SST.
• ARL. Occupational risk administrators affiliate, advise and provide promotion and prevention services financed with contributions to the General System of Occupational Risks.
• Ministry of Labor. It exercises inspection, surveillance and control of compliance and applies the sanctioning regime compiled in the decree itself (articles 2.2.4.11.1 and following, from Decree 472 of 2015).

Organizational application: how to implement the SG-SST

1. Perform the initial system assessment with the self-assessment of minimum standards of Resolution 0312 of 2019 according to the size and risk level of the company.
2. Define and sign the policy, assign the person responsible for the SG-SST with the required license and fifty-hour virtual training course, and establish the COPASST or designate the watchman.
3. Identify hazards and assess risks using a documented methodology, covering all centers, processes, and contracting methods.
4. Prepare the annual work plan with goals, responsible parties, resources and schedule, and the training program with induction and re-induction.
5. Implement controls according to hierarchy, emergency prevention and response plan, change management, and requirements for contractors and suppliers.
6. Measure the structure, process and outcome indicators, investigate incidents and accidents using the procedure of Resolution 1401 of 2007 and conduct the annual audit.
7. Conduct the annual review by senior management, document preventive and corrective actions, and submit the self-assessment and improvement plan within the deadlines established by the minimum standards resolution.

OSH management software allows you to maintain the required documentation, records with their retention periods, indicators with technical data sheets and the traceability of audits and reviews, facilitating evidence before the ARL and the Ministry of Labor.

Limits and common mistakes

1. Treating the decree as an isolated rule, forgetting that it refers to Law 1562 of 2012, Resolution 0312 of 2019 and specific technical resolutions.
2. Reducing the SG-SST to a document folder without an executed work plan, measured indicators, or management review.
3. Applying minimum standards as a compliance ceiling, when the decree requires managing all identified hazards.
4. Omit coverage of contractors, temporary workers and other forms of employment that the standard expressly includes.
5. Failure to comply with record retention periods or the annual update of hazard identification.
6. Confusing the self-assessment of minimum standards with the annual audit of the system, which are different activities.

This sheet describes the structure of the standard for informational purposes; its application to each company must be verified against the current text of the decree and the resolutions that develop it, which the Ministry of Labor updates periodically.

Regulatory framework in Colombia

• Decree 1072 of 2015, Book 2, Part 2, Title 4, Chapter 6. Occupational Health and Safety Management System: purpose, definitions, policy, obligations, documentation, planning, application, audit and improvement.
• Law 1562 of 2012. Modifies the Occupational Risk System and defines occupational safety and health and the SG-SST as a discipline and management system.
• Decree 1443 of 2014. Originating standard of the SG-SST provisions compiled in Decree 1072 of 2015.
• Resolution 0312 of 2019 of the Ministry of Labor . Minimum standards of the SG-SST graduated by number of workers and level of risk, with implementation and self-evaluation phases.

The structure of the Colombian Occupational Health and Safety Management System (SG-SST) is consistent with the continuous improvement cycle of ISO 45001 and with the management systems approach promoted by the ILO, although its documentation and participation obligations have their own specific scope. In Spain, the equivalent framework is Law 31/1995 and Royal Decree 39/1997.

For an overview of how these duties fit into the wider safety management framework, see our guide to OSH regulations in Colombia, with practical questions, documentation and official sources.