Occupational Safety and Health Regulations in Chile
Occupational Accidents and Workplace Safety
Accident Definition
An accident is an incident that occurs in the workplace or during the commute to or from work.
Professional Disease
A professional disease is a direct result of the exercise of a profession or craft that produces disability or death (Article 7).
Article 5: Workplace Accident
Article 5 defines a workplace accident as an incident that directly causes injury, disability, or death.
Law 16,744: Enactment
Law 16,744 was enacted in 1968.
Reporting Incidents
- DIAT: Individual Declaration of Workplace Accident.
- DIEP: Individual Statement of Professional Disease.
Lesion
A lesion is the effect of an accident.
Key Decrees and Regulations
DS 40: Hazard Prevention Departments
DS 40 mandates that companies must have Departments of Hazard Prevention, managed by an expert in one of two categories. The company’s size and the extent of its risks determine the expert’s category and whether their services will be full-time or part-time. Company size is measured by the number of workers, and risk importance is defined by the additional contribution referred to in Decree No. 110 of 1968, issued by the Ministry of Labor and Social Security.
Article 54: Pensioner Benefits
Article 54 states that pensioners affected by workplace accidents or professional diseases will receive benefits from the pension agency to which they contribute. These benefits include alimony, family allowances, and medical care, similar to other beneficiaries.
DS 109: Hazardous Agents
DS 109 identifies the following hazardous agents:
- Physical agents: noise, vibration, radiation, temperature.
- Chemical agents: all chemicals.
- Biological agents: plants, etc.
- Ergonomic agents: musculoskeletal.
Objectives of the Law
The law’s objectives are:
- Prevention: To prevent workplace accidents and professional diseases.
- Healing: To provide recovery and rehabilitation services.
- Benefits: To offer subsidies, indemnities, and alimony.
Compensation and Pensions
- Indemnity: 15% – 39.9% disability (paid only once).
- Pension: 40% – 70% disability (loss of limbs).
- Severe Disability: 70% – 90% disability.
Law 16,744: Principles
Law 16,744 is based on the following principles:
- Solidarity: Employers contribute, and the cost is shared with ISAPRE and FONASA.
- Universality: Covers most contracted workers and students (as per DS 313, including hospital and post-hospital care).
- Integrity: Surplus resources are managed by mutual insurance organizations.
- Unity: Provides the same benefits to all.
The Three P’s
Prevent, foresee, pre-act.
DS 101: Subsidiary Company Responsibilities
DS 101, Article 5, establishes that a subsidiary company will be responsible for duties, such as those for contractors. This subsidiarity applies when there is no response from employers.
Article 10 states that commuting accidents are not included in the lost days due to accidents rate. This decree mandates maintaining statistics and accounting as established by the Social Security Superintendence (SSS).
Article 49 states that if a worker cannot move on their own, the mutual insurance agency must provide adequate transportation and cover any necessary expenses.
DS 110: Contribution Rates
DS 110 outlines contribution rates:
- Farming (technical): 1.70%
- Bakery: 1.70%
- Forestry: 2.55%
- Contractor (non-technical): 2.55%
Article 11 states that companies with 100 workers and a rate between 0-95% can employ a technician. Silviculture with a rate of 1.78% requires a full-time expert for 500 workers working 24 hours a week. For every 200 workers, an expert must work two days.
DS 54: Joint Committees
DS 54 mandates that any undertaking, task, or branch with over 25 workers must organize joint committees (comités paritarios). Three representatives from the company and three from the workers are chosen.
DS 18: Quality Certification
DS 18, issued on March 23, 1982, establishes quality certification standards for personal protective equipment against occupational hazards.