Ley 16.744: Chilean Occupational Safety and Health Law Explained
1 .-
The WHO defines health as
Defined as “a state of complete physical, mental and social development” of a person, not merely the absence of disease or infirmity.
2 .-
Under what circumstances it is considered that a serious accident
A cause or during labor may occur as follows:
Forced to evacuate.
Immediately cause amputation or loss of body part.
Coerced into resuscitation or rescue.
Occur by falls from a height of over two meters.
3 .-
What is the date published in the Official Gazette of Law No. 16,744?
With period from 01 febrero of 1968
4 .-
What are the principles of the Ley 16.744?
Solidarity, universality, integrity and equality
5 .-
What are those protected by the Ley 16.744?
All employees
Union leaders
Freelance workers
Family workers, family microenterprises.
All students of fiscal institutions or individuals.
Public officials in the civil administration of the state, municipalities and institutions of the state administratively decentralized.
6
.- What are the people who are not protected by the Ley 16.744?
They are protected by the Representatives of the Armed Forces and Police, as it has proprietary systems: CAPREDENA, DIPRECA
7 .-
Who administers the social insurance against occupational accidents and diseases?
Private Management
ACHS
Mutual Security
IST
State Administration
INP
Health Service
Delegated Administration
8 .-
What is a delegated administration?
Entities that can solve the social insurance for their workers (being authorized by the Superintendency of Social Security), taking over 2000 employees
9 .-
How is it funded the Ley 16.744?
It is funded primarily by contributions, such as: contribution base, where all companies must pay for equal 0.95% of taxable remuneration of each employee;
-and the additional contribution direfenciada, where you pay according to the function of the activity and risks of each company, plus the contribution base. Between 0 and 3.4%.
“With the proceeds from fines applied by each agency administrator in accordance with this law.
“With the amounts attached to them for exercising the right to repeat in accordance with Articles No. 56 and No. 69 of the Ley 16.744.
10 .-
What are the contingencies covered by the Ley 16.744?
Occupational accidents, commuting accidents and occupational diseases
11 .-
What types of services delivers Ley 16.744?
Medical benefits to cure or heal the worker, restoring their ability to work.
Economic benefit, either: for temporary disability, permanent disability (disability), death, pension for survival.
Survival benefit in the event of death of the disabled who enjoyed a pension, is entitled to this pension: spouse, children, mother and children of the insured family ancestors or descendants.
12 .-What are the obligations of the state, agency administrator, enterprises and workers?
Obligation of the State:
directed by a professional type A or – supervision and control of prevention, health and safety of all workplaces through the Health SEREMI.
– Indicate the measures of health and safety at work required in enterprises through health services, and impose penalties for breach
– The Health Service also may supervise the medical facilities of other administrative bodies, the way medical benefits are awarded as well as prevention activities that they perform
Duties of the administrative bodies of the Act:
– Deliver all the health benefits
– Prescribe all measures of health and safety at work that companies adhering to pursue. Once a mutual instills a extent, the Seremi and the Department of Labor may require the implementation of this measure in the company.
– Implement increases or reductions to the additional contribution differentiated
Obligations of the Company:
– Employers are required to report timely and properly to all workers about the risks posed by their work, preventive measures and correct work practices. Risks are inherent in the business of each entity employing
– Keep up to date Rules of Hygiene and Safety
– Implement all hygiene and safety measures specified by law
– Provide Elements of protection to workers for free.
– Keep up to date accident statistics.
Obligations of workers:
– Comply with the Rules of Procedure
– Use of PPE
13
.- What approved Supreme Decree No. 54?
Points out the regulations for the establishment and operation of joint committees on health and safety.
14
.- What approved Supreme Decree No. 594?
This decree approves the regulations on health and environmental conditions in the workplace.
15 .- What approved Supreme Decree No. 40?
Regarding the regulation on prevention of occupational hazards.
16
.- When should establish and form a Joint Committee on Health and Safety?
It must in any fishes in that they work more than 25 workers, regardless of the business carried out and whether it corresponds or not the payment of additional contributions.
17 .-
How are the members by the workers to be members of the Joint Committee on Health and Safety?
They are elected by voting, which is made in the same task, branch, agency, etc.. The first 3 majorities are as Holders, the next 3 are as alternates.
18 .-
What are the functions CPHYS?
Advise and educate workers on proper use of protective materials.
To investigate the causes of accidents.
Monitor compliance with preventive measures.
To promote training activities.
Decide whether the accident occurred irresponsible careless worker.
19
.- What regulates 20,123 Contract Act?
It regulates the way companies hire and subcontract to its people.
20
.- When I set up a Department of Prevention of Risks:
In any commercial, industrial or mining, which has more than 100 employees must have a risk prevention department B.
12 .-
What are the obligations of the state, agency administrator, enterprises and workers?Obligation of the State:
directed by a professional type A or – supervision and control of prevention, health and safety of all workplaces through the Health SEREMI.
– Indicate the measures of health and safety at work required in enterprises through health services, and impose penalties for breach
– The Health Service also may supervise the medical facilities of other administrative bodies, the way medical benefits are awarded as well as prevention activities that they performDuties of the administrative bodies of the Act:
–
Deliver all the health benefits
– Prescribe all measures of health and safety at work that companies adhering to pursue. Once a mutual instills a extent, the Seremi and the Department of Labor may require the implementation of this measure in the company.
– Implement increases or reductions to the additional contribution differentiatedObligations of the Company:
– Employers are required to report timely and properly to all workers about the risks posed by their work, preventive measures and correct work practices. Risks are inherent in the business of each entity employing
– Keep up to date Rules of Hygiene and Safety
– Implement all hygiene and safety measures specified by law
– Provide Elements of protection to workers for free.
– Keep up to date accident statistics.Obligations of workers:
– Comply with the Rules of Procedure
– Use of PPE
13.- What approved Supreme Decree No. 54?
Points out the regulations for the establishment and operation of joint committees on health and safety.
14
.- What approved Supreme Decree No. 594?
This decree approves the regulations on health and environmental conditions in the workplace.
15 .- What approved Supreme Decree No. 40?
Regarding the regulation on prevention of occupational hazards.
16
.- When should establish and form a Joint Committee on Health and Safety?
It must in any fishes in that they work more than 25 workers, regardless of the business carried out and whether it corresponds or not the payment of additional contributions.
17 .-How members are elected by the workers to be members of the Joint Committee on Health and Safety?
They are elected by voting, which is made in the same task, branch, agency, etc.. The first 3 majorities are as Holders, the next 3 are as alternates.
18 .-
What are the functions CPHYS?
Advise and educate workers on proper use of protective materials.
To investigate the causes of accidents.
Monitor compliance with preventive measures.
To promote training activities.
Decide whether the accident occurred irresponsible careless worker.
19
.- What regulates 20,123 Contract Act?
It regulates the way companies hire and subcontract to its people.
20.- When I set up a Department of Prevention of Risks: In any commercial, industrial or mining, which has more than 100 employees must have a risk prevention department B.