Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Chile (Ratification: 2011)

The Committee notes the Government’s detailed first report.

Article 2(1) of the Convention. Continuous improvement. The Committee notes that the Government has provided charts showing a steady drop in occupational accidents, and that it has set the goals and targets to be achieved by 2015: to reduce the accident rate to 4 per cent and no more than five deaths per 100,000 workers. Furthermore, the coverage of work insurance has been extended and as from 2012 self-employed workers have been included. The Committee requests the Government to continue to provide information on the measures taken to promote the continuous improvement of occupational safety and health (OSH).

Article 2(2). Principles. The Committee notes the Government’s statement that it gives effect to the following principles: a prevention-based approach; the evaluation, monitoring and treatment of risks from the outset; improvement of health conditions in work places; information, education and training; research and consultations, particularly at workplace level. The Committee points out to the Government that this provision of the Convention relates to the question put in paragraph 2 of the report form. Consequently, the Committee requests the Government to continue to provide information on the manner in which the principles set out in the ILO instruments relevant to the promotional framework for occupational safety and health have been taken into account and are those set out in the Annex to the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197).

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. The Committee notes that since this Convention was ratified, two bodies have been set up to review legal and technical standards, so that the possibility of ratifying other Conventions can be assessed. The Committee requests the Government to provide information on the consultations held with the most representative organizations of employers and workers on the measures that could be taken to ratify relevant OSH Conventions of the ILO, and on the outcome of the consultations.

Article 3(1). Formulation of the national OSH policy. The Committee notes that, according to the Government, although no national OSH policy has as yet been officially adopted it is conducting consultations on the matter, and that the Government provides the schedule of the activities undertaken for the purpose: in April 2012, the Government organized a course for the formulation of the national policy, with technical assistance from the Office, drafts were prepared for comments and by October/November 2013 the third draft of the national policy will be ready for submission to the most representative organizations of employers and workers to seek their views. The draft could be adopted in the form of a presidential decree in January 2014. The Committee requests the Government to provide information on the consultations held with the most representative organizations of employers and workers to give effect to this Article of the Convention, and on the results of the consultations. Please provide a copy of the national policy once it has been adopted.

Article 4(1) and (2). Establishing, developing and periodically reviewing a national system for OSH in consultation with the most representative organizations of employers and workers. Components of the system. The Committee notes with interest the information supplied by the Government to the effect that since this Convention was ratified, the Government has set up two new bodies to review the legislation and consider the possibility of ratifying new instruments: the Advisory Council on Occupational Safety and Health and the Committee of Ministers for Occupational Safety and Health; and that intensive work is being done in the area of OSH. Among other things, the report indicates that since 2010, a National OSH Information System (SISESAT), which the Government describes in detail, has been launched, that it is already partly operational and that it will provide full and reliable information with a view to better OSH management, It also notes the information supplied by the Government to the effect that the country has an institutionalized OSH system, based on Act No. 16744 of 1968 (updated in 2011) on occupational accidents and diseases, the Labour Code, Ministry of Health Decree No. 544 (Regulations on basic conditions of health and environment in workplaces) and other regulations by sector, and also has a system for monitoring and for cooperation in enterprises with more than 25 workers. Measures are being adopted to promote cooperation in enterprises with 10 to 25 workers. The Committee further notes the legislation being drafted and the various bodies that bring together the employers, workers and/or the State. It notes, however, that although thorough, the Government’s report does not contain sufficient information on the consultations held with the most representative organizations of employers and workers and on the outcome. The Committee requests the Government to provide information on the consultations held with the most representative organizations of employers and workers to develop and periodically review the national system, and in particular on the legislation being drafted and on the provisions to promote, at the level of the undertaking, cooperation between management, workers and their representatives in enterprises with fewer than 25 workers. Please also include information on the organizations consulted and on the results of the consultations. The Committee would also be grateful if the Government would indicate whether consultations have been held on the manner in which the national OSH system is developed and periodically reviewed.

Article 4(3). National tripartite advisory body or bodies addressing OSH issues. The Government provides information on the Advisory Council for Occupational Safety and Health, which is national in scope and which, although it holds consultations with organizations of employers and workers, does not appear to include these organizations among its members. In the preparatory work on the Convention (Report IV (I), ILC, 93rd Session, 2005, paragraph 49), it was indicated that “an essential component of any national OSH system is a national mechanism or body comprising the government’s competent authorities and the most representative organizations of employers and workers, for the purposes of consultation, coordination and collaboration on key OSH issues.” Although the components set forth in Article 4(3) are not required in the same conditions as those set forth in Article 4(2) and may evolve as the national system is developed, the Committee deems it relevant to point out that in order to be considered as such, the tripartite body or bodies referred to in this paragraph of the Convention should include the most representative organizations of employers and workers. The Committee requests the Government to continue to provide information on any such developments as ensure the participation of the most representative organizations of employers and workers in this or in some other national tripartite advisory body dealing with OSH issues.

Article 5. National programme. The Committee notes with interest the information supplied on the Annual Plan for the Prevention of Occupational Accidents and Occupational Diseases, 2013, the National Plan for the Eradication of Silicosis, and the Plan “ConstruYo Chile” (OSH for the construction sector), among others, which have specific objectives and targets. The Committee notes, however, that according to the Government Chile has no specific and comprehensive national OSH programme, having opted to entrust the development of prevention plans to the insurance administrators. The Committee points out that according to this Article of the Convention, each Member shall formulate, implement, monitor and periodically review a national programme on OSH in consultation with the most representative organizations or employers and workers, and that the programme must meet the requirements set forth in paragraph 2 of this Article of the Convention. The Committee requests the Government to endeavour to adopt measures to establish a national occupational safety and health programme as required by paragraphs 1 and 2 of this Article, and to supply information on the measures taken, on the organizations of employers and workers that have been consulted, and the outcome of the consultations. The Committee also requests the Government to provide information on the results of the plans referred to and any other plans that contribute to the gradual attainment of the objective of a safe and healthy work environment.