Group.

Gabriel Fernando Perdomo Ochoa

Dorenis Barragán Navarro
Estefanía Ríos Aguirre
Yiseth Carolina Hernández Pérez

1. According to Law 100 of 1993, which is in charge of recruiting, reorganizing

health-related entities, establishing norms and procedures so that people and
the community have access to health services, thus improving their quality of
life. It establishes the mandatory nature of medical examinations, which are
necessary for all public or private organizations, contractors, independent
workers or of any kind, vital to enter a company. These make it possible to take
into account the individual and group health status, since they determine if they
are in adequate conditions to assume the position and in addition to complying
legally with the company.
Entrance, pre-entry or pre-occupational medical examinations are necessary for
employers to determine the physical and mental health conditions of the workers
they will hire. It is important to know if the worker has the necessary physical and
medical conditions for the position he will occupy, and therefore request the
pertinent tests, since he must do so based on the previously defined position
profile.
Its main objective is to be able to determine the aptitude of each worker to carry
out the tasks efficiently without prejudice to their health or that of third parties,
comparing the demands of the trade for which they wish to contract with their
physical and mental capacities; establish the existence of restrictions that warrant
some condition subject to modification, and identify health conditions that, being
present in the worker, may worsen in the development of work.
The general social security system is of vital importance to regulate the essential
public service in the health sector. Since its issuance, Law 100, is in charge of
guaranteeing the population protection in old age, disability, among others.
Occupational medical examinations are regulated by resolution number 2346 of
2007. Pursuant to Decree 614 of 1984, it is the obligation of employers to organize
and guarantee the operation of an occupational health program.
This regulation allows companies to have a healthy staff and perform functions
properly, thus avoiding illnesses, compensation and claims in the short and
medium term.

2. COPASST (Comité Paritario de Seguridad y Salud en el Trabajo) is a body in

charge of promoting and developing occupational risk prevention actions, as
 well as improving occupational safety and health conditions. Its importance lies
in the fact that it plays a fundamental role in the identification, analysis and
prevention of occupational accidents and diseases. It should be noted that if
you are an employee of a company, regardless of your rank or role, you have
the right to belong or actively participate in the COPASST. The representatives
for the company are elected by the employer and the representatives for the
workers are elected by free vote.
In the case of a person who has a service contract, the COPASST can perform the
following relevant functions in the analysis of an accident or illness:
 incident investigation: The COPASST may conduct a detailed investigation of
incidents or accidents occurring in the workplace. This involves gathering
information about the event, interviewing witnesses, reviewing records and
relevant documentation, and determining the root causes of the incident.
 Identification of risk factors: COPASST is trained to identify risk factors present
in the workplace that could have contributed to the accident or illness. These
factors may include unsafe conditions, lack of training, defective equipment,
among others.
 Analysis of preventive measures: COPASST can evaluate the effectiveness of
existing preventive measures in the workplace and determine whether
adequate precautions were taken to avoid the incident or illness. It can also
propose recommendations to improve safety and prevent future accidents.
 Participation in occupational health management: COPASST has the
responsibility to participate in occupational health management, which implies
collaborating in the implementation of prevention and health promotion
programs, as well as in the evaluation of occupational risks and monitoring of
working conditions.
In conclusion, in the case of contracts for the provision of services, the
responsibility for guaranteeing the prevention of accidents or illnesses falls on the
contracting company. This is established in paragraph 3 of article 2 of Law 1562 of
2012 in Colombia, which equates the independent worker to the dependent worker
in terms of prevention, promotion and occupational health.
According to the law, if the contractor is a legal entity, it is responsible for the safety
of the workers it employs to carry out the entrusted tasks. This implies that the
contracting company, having the quality of employer and being a legal person, has
the obligation to implement its own Occupational Safety and Health Management
System (SG-SST).
In the event of an accident or occupational disease of a person with a service
contract, the contracting company is responsible for carrying out the initial
investigation. Its responsibility is to gather all information related to the event and
determine the causes of the incident.
The contracting company's COPASST plays an important role in this process. The
committee provides the necessary support to conduct a proper investigation,
following the guidelines established by law. It can contribute with its knowledge and
experience in identifying risk factors, analyzing existing preventive measures and
proposing actions to improve occupational safety.
In summary, in the case of contracts for the provision of services, the contracting
company assumes responsibility for the prevention of occupational accidents and
illnesses. The initial investigation of an accident or illness falls to the contracting
company, with the backing and support of COPASST, which collaborates in the
process to ensure that it is carried out properly and that the necessary measures
are taken to prevent similar incidents from occurring in the future.

3. The epidemiological profile is defined as the study of morbidity, mortality, and

risk factors, taking into account geographical characteristics, population, and
time, this allows the identification of a series of public health indicators in a
population.
According to the above, we can say that epidemiological situation and frequent
diseases in a specific country/region, it is a focus to take into account within
companies; Through these profiles, diseases, crises, decision-making, and the
planning of more effective prevention and control strategies can be determined.
The epidemiological profile of a country is important within companies, there are
factors that can generate extra expenses for the company, for example,
absenteeism due to illness, due to this, companies would have to replace
employees during periods of disability, changes in the procedures, and therefore
new risks. In addition, this affects or impacts the health and safety management
systems at work, because programs, activities, and campaigns must be carried out
with a view to prevention.
A very clear example is the pandemic that occurred worldwide due to the SARS-
COVID-19 virus, It negatively impacted many organizations, since many
absenteeisms were generated, and many of these companies were forced to close
or create new work environments as it was working from home. Finally, we can
reaffirm that the epidemiological profile does have an impact on organizations.
4. Taking into account Decree Law 1295, if it is a TA or EL, it must be covered by
the general system of labor risks, prior analysis of causality if it is defined as
labor origin by the ARL.
It is also important to remember that the EL is transferred to the last ARL to which
the worker was affiliated and if it is a TA, it will be covered by the ARL to which the
worker is affiliated at the time of the event.
Pursuant to paragraph 2 of article 1 of Law 776 of 2002, the assistance and
economic benefits must be provided by the ARL to which the worker was affiliated
at the time of the event and its sequels.
The aforementioned regulation reads as follows: "PARAGRAPH 2. The assistance
and economic benefits derived from an occupational accident or an occupational
disease shall be recognized and paid by the administrator with which the worker
was affiliated at the time of the accident or, in the case of an occupational disease,
at the time of requiring the benefit. The Professional Risks Administrator in which
an occupational accident has occurred shall be fully liable for the benefits derived
from this event, both at the initial moment and for its after-effects, regardless of
whether or not the worker is affiliated to that administrator".
5. The history of activities carried out by an employee, in different companies, can
influence the outcome of an occupational disease with loss of work capacity.
However, at the time the PCL qualification is generated for the employee, the
company is responsible for complying with the requirements demanded by law,
as is the ARL where it is affiliated, and the pension fund, if the disease is of
common origin.
Taking into account the above, it must be taken into account that to determine this
loss of work capacity, the medical history must be reviewed since exposure to
multiple work environments and activities carried out with various employers
affects the determination of causality that caused the loss of work capacity.

Bibliography
 Update. (July 8, 2019). Occupational safety and health: responsible for risk
prevention according to employment contract. Retrieved from
Actualícese.com: https://actualicese.com/seguridad-y-salud-en-el-trabajo-
responsable-de-la-prevencion-de-riegos-segun-contrato-de-trabajo/
 Bolivar, S. (February 28, 2023). Copasst, a committee that cares about your
health, welfare and safety. Retrieved from
https://www.segurosbolivar.com/blog/proteccion-arl/que-es-y-para-que-sirve-
el-copasst/
 Colombia, E. c. (July 11, 2012). LAW 1562 OF 2012. Retrieved from
CONGRESO DE LA REPÚBLICA:
https://www.minsalud.gov.co/sites/rid/Lists/BibliotecaDigital/RIDE/DE/DIJ/
Ley-1562-de-2012.pdf
 Social, M. d. (May 14, 2007). RESOLUTION 1401 OF 2007. Retrieved from
MINISTERIO DE LA PROTECCIÓN SOCIAL:
https://www.icbf.gov.co/cargues/avance/docs/resolucion_minproteccion_140
1_2007.htm
 Hernández-Aguado, Ildefonso, Lumbreras, Blanca, & Jarrín, Inmaculada.
(2006). Epidemiology in public health of the future. Spanish Journal of
Public Health, 80(5), 469-474.
 Idrovo, Álvaro Javier, Eslava, Juan Carlos, Ruiz-Rodríguez, Myriam, &
Rodríguez, Jorge Martín. (2008). The other epidemiological transition:
milestones in the development of the epidemiology of risk factors in
Colombia. Biomedical, 28(4), 480-496.
https://www.mintrabajo.gov.co/documents/20147/51963/Manual+Unico+de+
Calificaciones+Decreto.pdf/7d224908-ef78-1b90-0255-f62a3e409e4c
 Duque Q, Sandra P., Gómez R, Natalia E., & Villadiego V, Álvaro M. (2012).
Labor protection in old age is the physical, mental, or sensory limited in the
Colombian legal system. National Faculty of Public Health Magazine, 30(2),
212-221.
 Ministry of Labor. (2014). Unique Manual for the Qualification of the Loss of
Labor and Occupational Capacity.
https://www.mintrabajo.gov.co/documents/20147/51963/Manual+Unico+de+
Calificaciones+Decreto.pdf/7d224908-ef78-1b90-0255-f62a3e409e4c
 Rueda Pérez, G. 1994. Law 100 of 1993: Quality of Services. Medicine. 16,
4 (Dec. 1994), 15–23
https://revistamedicina.net/index.php/Medicina/article/view/38-3
 Alvarado, Bejarano, black. (Dec. 2021): Design of the Occupational Health
and Safety Management System.
https://repositorio.ecci.edu.co/bitstream/handle/001/1276/Trabajo%20de
%20Grado.pdf?sequence=1&isAllowed=y
 Pérez, Suescun, López, (Dec. 2022): Occupational accident rate in health:
characterization of worker conditions and the work environment
https://scielo.isciii.es/scielo.php?script=sci_arttext&pid=S1132-
62552022000400004
 Osorio, Vasco, (Nov. 2021) Panorama of occupational safety and health of
Colombian micro-enterprises located in a neighborhood of the Municipality
of Itagüí, Antioquia, Colombia.
https://www.scielosp.org/article/csp/2021.v37n11/e00175320/