Deadline for annual registration of self-assessments of Minimum Standards and the OSHMS improvement plans
Through Circular 0021 of February 23, 2023, the Ministry of Labor extended the deadline to register the annual report of self-assessments of Minimum Standards and the improvement plan of the Occupational Safety and Health Management System (OSHMS). Below, we present the aspects that must be considered for compliance with these obligations.
What is the annual registration of self-assessments and the OSHMS improvement plan?
Resolution 312 of 2019 defined the Minimum Standards of the Occupational Safety and Health Management System as the set of rules, requirements and procedures that employers and contractors must comply with in terms of OSHMS taking into account the number of workers and the level of risk.
Likewise, Article 28 of this regulation establishes that employers must perform a self-evaluation taking into account the table of values of the Minimum Standards, and based on the results obtained, prepare the OSHMS improvement plan.
In turn, paragraph 2 of the article in question states that both the improvement plan and the self-assessment must be registered gradually and progressively in the application enabled in the Labor Ministry's web page or by the means indicated by the latter, as from December 2020.
Initial deadline in 2023 to carry out the registration.
Accordingly, by means of Circular 082 of December 23, 2022, the Labor Ministry informed that:
- The guidelines informed in Circulars No. 071 of 2020 and No. 072 of 2021 issued by the Labor Ministry, would be without effect as of the date.
- From 2020 and onwards, in the month of December, companies shall:
(i) Apply the self-assessment according to the Table of Values and Qualification of the Minimum Standards of the OSH Management System, by filling out the evaluation form established in Article 27 of Resolution 0312 of 2019.
(ii) Prepare the Improvement Plan according to the result of the self-assessment of the Minimum Standards. This Improvement Plan must be approved by the company in the Annual Plan of the OSH Management System.
(iii) Formulate the Annual Plan of the OSH Management System, which must begin to be implemented as of January 1st of the following year.
- The annual OSHMS Minimum Standards Self-Assessment Report and the OSHMS Improvement Plan must be registered from the first working day of January to the last working day of February of each year,
Thus, for 2023 the Labor Ministry enabled from January 2, 2023 until February 28, 2023 the platform for employers and contracting parties to register the improvement plan and the self-assessment of Minimum Standards, through the following links:
- Website of the Labor Risks Fund https://www.fondoriesgoslaborales.gov.co
- Ministry of Labor website https://www.mintrabajo.gov.co
Extension of the registration period
Taking into account that during the period from February 23 to 28, 2023 the platform to make the report would not be available, due to improvements to the information system, the Labor Ministry by means of Circular 021 of February 23, 2023 extended the term to make the registration until March 24, 2023.
It is important to remember that failure to comply with this obligation may result in fines of up to 500 SMLMV in accordance with the provisions of Article 91 of Decree 1295 of 1994.
Want to know more?
Carlos Andres Molano Camelo Managing Partner Colombia - Bogota
