Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Occupational Health Services Convention, 1985 (No. 161) - Chile (Ratification: 1999)

Further to its observation, the Committee requests the Government to provide information on the following points.

Article 2 of the Convention. Formulation, implementation and periodic review, in consultation with the social partners, of a coherent national policy on occupational health services. The Committee notes that on 25 May 2005, the National Agreement on the Prevention of Occupational Accidents 2005–10 was concluded between the Government, the Single Confederation of Workers, the Confederation of Production and Trade and the Association of Mutual Societies. The Committee notes that in the third clause of the abovementioned Agreement, the parties decided to set up a quadripartite committee for the purpose of evaluating the progress made every three months. The Committee requests the Government to provide information on: (1) the action taken, if any, by the quadripartite committee with regard to the formulation, implementation and review of occupational health services; (2) other plans or policies developed by other bodies in accordance with this Article in which representatives of employers and workers participate; and (3) the application in practice of these points, including, for example, extracts from the reports of the abovementioned quadripartite committee.

Article 4. Consultation with organizations of employers and workers on the measures to give effect to the Convention. The Committee notes the information provided by the Government on the consultations undertaken, which have resulted in various agreements, most recently in 2005, as mentioned above. The Committee requests the Government to continue providing information on the consultations held with the social partners to give effect to the Convention.

Article 9, paragraphs 1 and 2. Composition of occupational health services and cooperation with the other services in the undertaking. The Committee requests the Government to provide information on measures taken, in law and in practice, which concern the inclusion of medical personnel in occupational health services, as well as on the cooperation existing between the occupational health services and other services in the undertaking.

Article 10. Full independence of the personnel providing occupational health services. The Committee notes that the information provided on this point is insufficient. The Committee also refers to its comments made in its observation concerning the application of this Article. The Committee requests the Government to provide detailed information on the legislation which ensures the independence of the abovementioned personnel, including personnel hired by the enterprises to which section 72 of Act No. 16744 applies (delegated administrators), and on the application of this legislation in practice, including any administrative and/or court decisions.

Part VI of the report form. Application in practice. The Committee requests the Government to provide information on the establishment of health services in practice, indicating the number of workers covered by the health services and the estimated number of workers not covered, the sector in which they work and the measures to provide them with these services. The Committee also requests the Government to provide information on the application of the Convention in practice, including summaries of labour inspection reports, and statistical information, including data on the number of workers covered, disaggregated by gender, if possible, and the number and nature of contraventions reported.