Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Chile (Ratification: 1999)

The Committee notes the detailed information sent by the Government in its report for the period ending on 31 August 2006. It also takes note of the new laws that have been adopted in the area of occupational health and safety and occupational risks.

In its previous comments, the Committee noted the information sent by the Government in response to comments made by the Autonomous Confederation of Workers of Chile (CAT), the Latin American Central of Workers (CLAT) and the International Trade Union Confederation (ITUC) alleging, among other things, failure to apply certain provisions of Convention No. 121 to the workers of CODELCO-Chile – División Andina who have suffered total or partial work incapacity due to silicosis. The Committee noted that, according to the Government, 9 per cent of CODELCO’s active workers suffer from silicosis and not 28 per cent as alleged. Noting that the high percentage of workers still affected by silicosis was an evidence of a high risk situation, the Committee asks the Government to continue to take preventive measures to reduce the levels of exposure to silica to the minimum possible. It also asks the Government to provide, in accordance with Article 26 of the Convention, detailed information on: (a) measures taken in this regard, indicating the inspections carried out in this sector and the corresponding reports; (b) the rehabilitation measures taken in order to prepare incapacitated workers to resume their previous activities, or, if this is not possible, to perform an alternative gainful activity suited to their abilities and qualifications; (c) developments in cases being heard by the courts.

On the matter of risk prevention measures, the Committee notes that the supervision of measures or activities carried out in each worksite is the responsibility of the various regional health ministry secretariats, which, pursuant to Act No. 19937, have taken over these duties from the health services and, without prejudice to the powers of the labour directorate, the duties set forth in section 191 of the Labour Code. The Committee hopes that the Government will shortly seek the requested information from the competent authorities and send it with its next report.

With regard to measures for the rehabilitation and occupational pre-training of workers who have suffered industrial accidents or occupational diseases, the Government indicates that these are carried out by each insurance management body and Act No. 16744, free of charge whenever this is necessary. As to measures to facilitate the placement of workers who have been incapacitated, the Government indicates that these are included in the abovementioned measures and that in Chile there is a National Disability Fund (FONADIS) through which the programme for the placement of persons with disabilities in jobs in the labour market is implemented. The Committee takes note of this information. It also notes the report on rehabilitation for work produced by the Social Security Supervisory Authority for 2003–06, and the statements made by this Authority on rehabilitation. It asks the Government to continue to provide information, including statistics, on rehabilitation measures taken by the insurance management bodies governed by Act No. 16744, and on the FONADIS programme for rehabilitation and training.

Furthermore, in the context of the ILO/WHO Global Programme for the Elimination of Silicosis by 2030, the Committee notes that the Ministries of Labour, Social Security and Health recently confirmed the Government of Chile’s commitment to strive for the elimination of silicosis by 2030 and that to that end they will head to the development of a national tripartite plan to achieve this goal. On the prevention of silicosis-related occupational risks at work, the Government indicates that, in the context of social security for health at work, standing activities for the prevention of occupational risks are to be conducted which will concern all such actions, procedures or instructions as the management bodies or enterprises with delegated management must carry out within the existing legal and regulatory framework, in relation to the nature and magnitude of the risks associated with the production activities in the employing entities affiliated either to the enterprise with delegated administration, and which the latter must implement, as appropriate, with assistance from the occupational risk prevention departments and/or works committees, as the case may be, regardless of whether or not industrial accidents or occupational diseases occur. To this end, a record must be kept of measures taken and their results. The Committee asks the Government to provide examples of the records of measures carried out and their results, together with information on measures taken by the Labour Inspectorate, together with the corresponding reports.

As to the legal proceedings before the courts, the Committee takes note of Oficios Nos 60826 and 32184 of 9 December 2005 and 16 May 2007, respectively. The first informs the Chief of the International Relations Department of the Ministry of Labour and Social Welfare of the status of the cases mentioned and which are brought against the División Andina de CODELCO-Chile, and the second response to a request from the First Court of los Andes, which is hearing case No. 313-06 “Ortiz and others v CODELCO-Chile – División Andina”, which is being sued for damages.

[The Government is asked to reply in detail to the present comments in 2008.]