1. Major Accident Prevention Program (PPAM)

Through Resolution No. 2091 of July 14, 2026, the Colombian Ministry of Labor established the procedure for investigating major accidents and incidents within the framework of the Major Accident Prevention Program (PPAM).

Key Points:

(i) Purpose and Scope

• The Resolution establishes the minimum obligations and requirements for investigating major accidents and incidents occurring at classified facilities.
• Applies to classified operating sites and facilities in accordance with Decree 1072 of 2015, Decree 1347 of 2021, and Resolution 4979 of 2024.

(ii) Investigation Team

The minimum investigation team responsible for investigating major accidents and Level 1 and Level 2 incidents must include:

• A competent individual responsible for leading the investigation and ensuring its independence and technical integrity.
• At least one specialist from disciplines such as engineering, design, operations, maintenance, or process safety.
• A representative of the Joint Occupational Health and Safety Committee (COPASST) or the Occupational Health and Safety Representative, whenever employees are affected by the event.
• A representative of the Major Accident Prevention Management System (SGSPAM).

(iii) Investigation Methodologies and Root Cause Analysis

• Employers may rely on Recognized and Generally Accepted Good Engineering Practices (RAGAGEP) or other technically equivalent standards when conducting investigations.
• The identification of critical contributing factors must be supported by recognized analytical methodologies, including Cause Tree Analysis, Barrier Analysis, Bowtie Analysis, Five Whys Analysis, and Ishikawa (Fishbone) Diagram.
• The investigation must distinguish between immediate causes, such as unsafe acts or hazardous conditions, and root causes, including deficiencies in management systems, design, maintenance, or organizational safety culture.

(iv) Investigation Report and Submission Deadlines

• The final investigation report must include, at a minimum: a georeferenced description of the event; actual consequences affecting people, the environment, property, public utilities, infrastructure, and any cross-border impacts; a chronological timeline of the event; a graphical representation of the occurrence; identification of critical factors; immediate and root cause analysis; a corrective action plan; and lessons learned.
• The final report must be submitted to the Ministry of Labor within 120 calendar days following the event notification through the designated technological platform.
• A technically justified extension of up to 90 additional calendar days may be requested, provided that the request is submitted at least 30 calendar days before expiration of the original deadline.
• Where employees are affected, the investigation results must also be submitted to the corresponding Occupational Risk Administrator, as its acronym in Spanish is ARL.

(v) Role of Occupational Risk Administrators (ARLs) and Enforcement

• Occupational Risk Administrators (ARLs) will provide technical guidance; methodological support; specialized training; participation in investigations involving affiliated employees.
• The Ministry of Labor remains responsible for inspection, oversight, and enforcement of compliance with the Resolution.
• Failure to comply may result in the penalties established under Colombia's General Occupational Risk System, including those provided in Article 91 of Decree-Law 1295 of 1994 and Law 1562 of 2012.

General Conclusion

Resolution No. 2091 of 2026 strengthens the investigation framework for major accidents by adopting a more technical and preventive approach. The new requirements compel organizations to enhance their investigative processes, meet strict reporting deadlines, and strengthen their management systems to mitigate operational risks and avoid potential administrative penalties.

See the attached document. 

2. Inspection, Oversight, and Enforcement

The Ministry of Labor, through Decree 720 of July 7, 2026, regulates Inspection, Oversight, and Enforcement procedures.

Key Points:

(i) Purpose and Scope

• To regulate preventive measures in the workplace within the framework of labor inspections.
• To strengthen the preventive role of the Ministry of Labor by prioritizing timely intervention before harm occurs.
• To protect labor rights and promote prevention and regulatory compliance.

(ii) Definition and Regulatory Scope

Preventive measures in the workplace are immediate, temporary, and proportionate orders intended to prevent serious or irreparable harm to employees' rights. Their implementation is based on the severity of the risk, the imminence of the harm, the existence of sufficient evidence, and the proportionality of the measure.

These measures are applied primarily by the Ministry of Labor within its Inspection, Oversight, and Enforcement functions, exclusively in the context of employment relationships (excluding civil or commercial relationships). They are precautionary and preventive in nature, do not constitute a sanction or imply prejudgment, and do not replace administrative sanctioning proceedings.

(iii) Types of Preventive Measures

• Immediate suspension of activities involving serious risk.
• Temporary relocation or adjustment of working conditions.
• Removal of alleged perpetrators (harassment or violence).
• Immediate provision of personal protective equipment (PPE).
• Urgent correction of physical conditions (lighting, ventilation, etc.).
• Immediate access to healthcare services or psychological support.
• Immediate implementation of the Occupational Health and Safety Management System (SG-SST).
• Suspension of high-risk activities where adequate controls are not in place.
• Restriction on the use of hazardous machinery or equipment.
• Partial or total evacuation of the workplace.Special protection measures or relocation of vulnerable employees.
• Suspension of unlawful dismissals or terminations.
• Suspension of practices affecting freedom of association.

(iv) Procedure and Scope of Application

Preventive measures are adopted within the framework of Inspection, Oversight, and Enforcement proceedings, either ex officio or upon request of an interested party, through a duly reasoned administrative act that includes a technical, legal, and factual assessment of the identified risk.

These measures are temporary and preventive in nature and become immediately enforceable.

A motion for reconsideration may be filed within ten (10) business days following notification of the decision; however, such an appeal does not suspend the enforcement of the preventive measure.

Furthermore, preventive measures may be reviewed, modified, or lifted if the circumstances that gave rise to them change. The competent authority may maintain, modify, or make the measures permanent, in accordance with the principles of proportionality, reasonableness, and due process.

(v) Notification and Effects of Preventive Measures

Preventive measures must be notified to the parties in accordance with applicable legal provisions and take effect immediately upon notification, without suspending their enforcement.

Their purpose is to protect fundamental rights such as life, personal integrity, and decent and safe working conditions.

Failure to comply with notification requirements or to implement the preventive measures may result in administrative or disciplinary liability.

(vi) Enforcement and Consequences of Non-Compliance

Preventive measures must be fully complied with immediately upon notification.

Failure to comply constitutes disobedience of an order issued by the competent authority and may result in successive fines, suspension of activities, and other measures aimed at protecting employees.

Additionally, non-compliance constitutes a breach of the principle of administrative effectiveness and may lead to further sanctions where damages arise from failure to comply with the preventive measure.

(vii) Follow-up

The inspection authority must monitor compliance with the preventive measures within the established timeframe and may request information, conduct verification visits, and adopt additional measures to ensure the effective protection of employees' rights.

See the attached document.

3. Ministry of Labor Circular No. 0089 of 2026

This Circular establishes the unified guidelines for Inspection, Oversight, and Enforcement (IOE) – as its acronym in Spanish, IVC – actions focused exclusively on paid domestic work in Colombia.

Key Points:

(i) Purpose

It seeks to standardize the inspection of paid domestic work in Colombia to ensure its formalization and access to labor rights. It establishes the verification of a written employment contract; payment of the statutory minimum wage; affiliation with the Social Security System (health, pension, Occupational Risk Administrator (ARL), and Family Compensation Fund); compliance with working hours; protection against violence, harassment, and discrimination. This ensures equal working conditions with those applicable to other sectors.

(ii) Guidelines for Inspection, Oversight, and Enforcement

The guidelines are intended to assist labor inspectors in verifying compliance with labor and social security obligations applicable to paid domestic work, ensuring decent working conditions, equality, and respect for employees' rights.

• Working conditions.
• Comprehensive Social Security System.
• Affiliation with and contributions to the General Pension System.
• Affiliation with and contributions to the General Occupational Risk System.
• Affiliation with the Family Compensation Fund.
• Contributions for employees working for multiple employers.
• Occupational Health and Safety.
• Eradication of Violence and Harassment in the Home as the Workplace.
• Freedom of Association, Social Dialogue, and Collective Bargaining.

(iii) Inspection Methodology

Inspections of paid domestic work must follow a methodology that ensures compliance with preventive, corrective, and enforcement purposes, while respecting the rights of both employers and employees, particularly the privacy of the home. Inspection activities shall be governed by the Circular and supported by the technical guidelines and protocols issued by the Ministry of Labor, which provide guidance regarding occupational health and safety, compliance with labor rights, affiliation with the Social Security System, and the prevention of violence and harassment.

(iv) Requirements for Conducting Home Inspections

• Inspector identification credentials.
• Legal basis for the inspection.
• Preparation of the inspection report.
• Access to the workplace.

(v) Composition of the Inspection Team

Teams of at least two officials must conduct home inspections to ensure the safety, objectivity, and transparency of the inspection process.

General Conclusion

Circular No. 0089 of 2026 consolidates a specialized, preventive, and unified approach to labor inspection for paid domestic work in Colombia, aimed at reducing informality and ensuring that this sector has access to decent working conditions.

It reinforces the verification of compliance with rights related to employment contracts, social security, working hours, and protection against violence and discrimination through clear methodologies, technical criteria, and supporting tools. Overall, it strengthens the State's role in effectively protecting domestic workers while promoting equal treatment with other productive sectors.

See the attached document.

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