Chilean Occupational Health and Safety Regulations: A Comprehensive Guide
Chilean Occupational Health and Safety Regulations
Responsibilities of the Main Company, Contractors, and Subcontractors
Article 66a of Law 16,744 mandates the parent company to ensure that both contractors and subcontractors adhere to health and safety standards. Different instruments are required based on the number of workers involved in the work, task, or service, provided the activity is typical of its rotation.
Main Company: The main company is obligated to implement necessary measures to protect the life and health of all workers, regardless of their employment status. This includes providing materials on hygiene and safety for workers of contractors and subcontractors. The main company may have vicarious or joint liability, depending on its level of control over contractors and subcontractors.
Contractors and Subcontractors: These entities must comply with health and safety regulations and implement preventive measures as outlined in Article 15 of the Law on Prevention of Occupational Risks and Article 10 of Royal Decree 1627.
Management Systems and Regulations
The main company’s management system must include a special regulation for contractors and subcontractors, outlining obligations for workers. This regulation should define responsibilities for implementing the system, describe coordination mechanisms, and establish procedures for verifying compliance.
Joint Committee on Faena and Department of Risk Prevention Faena
Joint Committee on Faena: This committee is required when a work, task, or service involves more than 25 employees and is expected to last over 30 days. It comprises six members (three representing employers and three representing employees) and oversees health and safety measures, investigates accidents, and makes recommendations for prevention activities.
Department of Risk Prevention Faena (DPRF): This department is mandatory when over 100 workers are involved and the work lasts more than 30 days. It is led by a professional expert responsible for planning, organizing, and implementing occupational accident and disease prevention measures.
Regulations for User and Temporary Service Companies
User Company: This company must provide temporary service workers with a copy of its internal rules on order, health, and safety. It must also comply with hygiene and safety regulations and include temporary workers in relevant health and safety systems and committees.
Temporary Service Company: These companies are responsible for training at least 10% of their temporary workers each year, as per Paragraph No. 4 of Title I of Law No. 19,518.
Serious and Fatal Occupational Accidents
In the event of a serious or fatal accident, the employer must immediately suspend the involved tasks, evacuate workers if necessary, and inform the Labour Inspectorate and the Health Seremi. Work can only resume after corrective actions have been taken.
Compliance Assistance Program
Employers with fewer than 25 workers who have been fined for health and safety breaches can access this program by submitting a claim to the labor inspection within 30 days of notification.