Introduction: The purpose of this article is to know the different aspects of the mining sector of Peru vs.

Colombia in everything that concerns labor protection and well-being. Mining makes up one of the most

significant economic areas in Latin America, including Peru and Colombia, however, this high-risk

activity requires rigorous standards in relation to health and care in the workplace, since this trade is

characterized by being one of the most dangerous and with the greatest possibility of health risk for

those who carry out this activity. The purpose of this analysis is to find out how safe the working

conditions faced by these workers are, what regulations they are governed by or whether they are

implementing measures to protect workers, in order to control the different dangers that this activity

leaves behind. Objective: The main objective is to examine the current environment in terms of labor

protection and physical and mental well-being, considering past experiences and current regulations of

protection, this includes high rates of illnesses and incidents, although in Peru this has decreased; Also,

in these two countries they have legal regulations to handle everything related to the protection of

workers that help promote safe working conditions.

Keywords: mining sector, safety, health, safe conditions, work

Correspondencia: herminio.pabon.t@uniminuto.edu.co

compone una de las áreas económicas importantes más significativas en América latina, entre ellos Perú

y Colombia, sin embargo, esta actividad de alto riesgo requiere rigurosos estándares en relación con la

salud y cuidado en el lugar de trabajo, ya que este oficio se caracteriza por ser uno de los más peligrosos

y con mayor posibilidad de riesgo para la salud para los que realizan esta actividad. Este análisis tiene

como finalidad conocer sobre qué tan seguros se encuentran las condiciones de trabajo que enfrentan

estos obreros, con que normativa se rigen o si están implementando medidas para la protección de los

objetivo principal es examinar el ambiente actual en materia de protección laboral y bienestar físico y

mental, considerando experiencias pasadas y normativa vigente de los resultados en la industria minera,

comparando los progresos y las estrategias implementadas para garantizar condiciones laborales

incidentes, aunque en Perú esto ha disminuido; también en estos dos países cuentan con una

normatividad legal para manejar todo lo relacionado con la protección a los trabajadores que ayudan a

promover las condiciones de trabajo seguro.

This article seeks to understand the issues covered by the labor safety guarantees, in this case it will be

the mining sector since this constitutes a vital item in the economic field very important in several Latin

American countries, such as Peru and Colombia, this sector became in Peru one of the most important

with an equivalent to 11.7% of the economy of this country. Both countries have important mineral

deposits that contribute significantly to their national economies, generating employment, tax revenues

and attracting foreign investment. However; In Colombia in the first four months of the year 2024

mining exports represented 24.99% in the whole territory; The mining sector helps these countries to

reduce poverty rates, in addition to the great importance of this activity is that it also brings serious

challenges related to the protection and health at work because the scenarios where they perform the

entrapment or impacts caused by moving mechanical equipment, one (1) by collisions or damage caused

by objects while handling loads, and one (1) by collisions against or trapped in or impacts by motor

vehicles; While in Colombia in the year 2023 it was known that fifty six (56) miners lost their lives after

a strong explosion in a coal mine, as corroborated by the person in charge of Occupational Risk

Prevention of the Ministry of Employment, Carolina Galindo.

In this context, all these companies are governed by the regulations in force both in Colombia and Peru,

implementing the procedures required by the government in everything associated with the welfare of

employees whose objective is always to take care of the health of the worker, establishing the minimum

requirements demanded by law, strengthening the protection of mine workers and promoting a safer and

sustainable mining.

Law 1562 of 2012 transformed the protection regime against occupational accidents in Colombia,

including specific provisions in high-risk sectors such as mining. The intervention, Supervision and

monitoring of the Ministry of Labor in the Occupational Safety and Health Management System in the

mining sector aims to verify compliance with the regulations of the General System of Occupational

Decree No. 539 of April 8, 2022 Whereby the Health and Safety Regulations for Open Pit Mining Works

are issued, establishing essential guidelines to mitigate occupational risks in open pit mining works and

establishing provisions to guarantee the safe working environment where such works are carried out.

Resolution 0312 of 2019 institutes the fundamental specifications of the Comprehensive Occupational

The National Mining Agency (ANM) is responsible for reviewing and promoting the defense of the

mining sector, as well as preparing workers in safe skills. The ANM has implemented mine rescue

programs and has established emergency brigades in mining regions.

Law No. 29783, the legal framework on Worker Protection and its regulatory provisions constitute the

fundamental regulatory structure for all labor activities, including mining. This statute institutes the

fundamental guidelines to ensure occupational safety and physical and mental well-being in the

workplace were published on August 20, 2011 and officially implemented from the 18th of the following

month until the following year. These standards are mandatory for all Peruvian companies regardless of

size or industrial type.

Likewise, it is mandatory for all companies to have a comprehensive system for managing physical and

incorporate defensive strategies to minimize occupational risks, as well as an orderly set to manage

critical situations in the company.

Supreme Decree N° 024-2016-EM specifically regulates on professional physical and mental well-being

within the mining field, detailing requirements for risk management and protection of workers. Its

purpose is to communicate the occurrence of unforeseen events, dangerous events, occupational

accidents and occupational diseases, thus promoting a culture of occupational risk prevention in the

mining sector. All this goes hand in hand with the collaboration of the workers and the government, who

will oversee its promotion, propagation and performance. The current Statute institutes the elements to

avoid hazards at work, ensuring that those responsible for mining operations and employees can create

safeguard systems that improve the stipulations of the current regulations.

strategic words were selected such as: Safety, health, labor, mining, occupational health, mining sector,

these keywords were of utmost importance for the search of information. In order to make this research

more effective, the search was conducted in English. In this way, the incorporation of all relevant

information on the subject was sought to ensure clearer information.

In these countries, the mining sector faces significant occupational risks, such as high rates of

occupational diseases and accidents, however, there are differences in each of them, in Peru serious

occupational accidents have been reduced in recent years due to the increased implementation of

regulations and preventive measures. Between January and September 2024, 14 lethal accidents were

reported, with falling rocks being the main cause of this event. In Colombia in the year 2023, a tragic

found in this sector are respiratory diseases such as pneumoconiosis, associated with prolonged exposure

to coal dust, workers can also suffer from diseases such as silicosis which is associated with exposure

to silica in all its parts, as well as malignant mesothelioma disease, due to exposure to asbestos. All these

occupational diseases are the ones that are compromising the welfare of employees in this industry both

in Colombia and Peru.

In the regulatory framework in both Colombia and Peru there are specific measures and statutes that

help promote safety and health in the mining sector. In Colombia there is resolution 0312 of 2019, which

establishes minimum standards in occupational safety and health management. In addition, the national

mining agency plays a fundamental role in the control. and training of this sector; In Peru, the law that

regulates the mining sector is Law No. 29783 and Supreme Decree No. 024-2016-EM, which provide

the study of these laws, especially in the case of illegal mining with its small operations.

The mining sector as an economic activity is decisive in both countries because it presents similar

challenges in terms of occupational safety and health; on the other hand, the differences in the results

show different degrees of implementation and effectiveness of official policies. In Peru, the orientation

towards active worker intervention has recognized a stronger culture of prevention. However, the high

level of formality in mining operations facilitates this implementation. In contrast, in Colombia, the

informal sector, together with less consistent inspection practices and laws, represents a major challenge.

This sector causes the economic and social impact of both countries to depend too much economically

on mining and this helps them to improve working conditions in a sector that is high risk for workers,

investing in technology, controls and engineering programs. Safety training is critical not only to protect

As can be seen in the previous graph, it is determined that in the established regulations Peru has 9%

and Colombia 8%, in effective compliance Peru has 7% and Colombia 5%, in supervision Peru has 8%

and Colombia 6% and finally in training Peru has 8% and Colombia 6%, looking at these percentages,

Peru in the regulations and compliance is 32% higher in this mining sector than the country of

Colombia..

The above graph shows that in Colombia occupational diseases in the mining sector are more significant

than in Peru, with pneumoconiosis accounting for 35% more than the rest of the diseases.