Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the comments of the Trade Union Federation of Supervisors (ROL A) and Professionals CODELCO (the National Copper Corporation) Chile (FESUC), received on 14 June 2012 and forwarded to the Government on 22 June 2012. The Committee also notes the Government’s report received on 11 September 2012, which does not contain observations on the FESUC’s comments.

Articles 2 and 4 of the Convention. Formulation, implementation and periodic review, in consultation with the social partners, of a coherent national policy on occupational health services. Consultation with organizations of employers and workers on the measures to be taken to give effect to the Convention. In its comments, the FESUC indicates that Act No. 16744 authorizes employers to administer occupational accident and disease insurance either through external bodies (employers’ mutual associations) or through an internal entity, known as a delegated administration. Currently, in the Adina, Salvado and Chuquicamata divisions of the El Teniente company, the system of delegated administrations is in place and offers many benefits and positive features both for the company and for prevention in relation to the health and safety of its workers. The Radomiro Tomic division had the same arrangement until February 2012, when the Social Security Supervisory Authority learnt of the decision of the employer (CODELCO Chile) to hand over the administration and the health facilities to a private mutual company. According to FESUC, this decision is clearly detrimental to the health and safety of the company’s workers employed in the Radomiro Tomic division and imposes a model that jeopardizes the situation of workers in other plants. The FESUC considers that the manner in which the decision was taken is in breach of the Convention. In its previous comments, the Committee requested the Government to continue providing information on its national policy on occupational health services and on the consultations held with the social partners on the measures to be taken to give effect to the Convention. The Committee notes that, in its report, the Government indicated that the Ministry of Health does not have the competence to ensure its implementation. The Committee recalls that it is the responsibility of the Government to give effect to ratified Conventions, and not of any specific ministry. The Committee also recalls that Article 2 of the Convention sets out the obligation to formulate, implement and periodically review a coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers and that Article 4 establishes the obligation of the competent authority to consult the most representative organizations of employers and workers on the measures to be taken to give effect to the provisions of the Convention. The Committee requests the Government to provide information on the manner in which effect has been given to these Articles of the Convention, namely on the consultations held and their outcome, including with regard to the type of health services applicable to the Radomira Tomic division.

Articles 5 and 8. Functions of the occupational health services as are adequate and appropriate to the occupational risks of the undertaking and participation of workers. Requirement for the employer, the workers and their representatives to cooperate and participate in the implementation of organizational and other measures relating to occupational health services on an equitable basis. The Committee notes the FESUC’s reference to the introductory paragraph of Article 5 of the Convention, under the terms of which “... with due regard to the necessity for the workers to participate in matters of occupational health and safety, occupational health services shall have such of the following functions as are adequate and appropriate to the occupational risks of the undertaking”. The FESUC also makes reference to Article 8 of the Convention, in accordance with which the employer, the workers and their representatives, where they exist, shall cooperate and participate in the implementation of the organizational and other measures relating to occupational health service on a equitable basis. The FESUC considers that the new system will have an impact on the application of the above Articles. The Committee requests the Government to provide information on the manner in which it ensures that effect is given to these Articles of the Convention through the health services model recently adopted in the Radomiro Tomic division, in both law and practice. Please indicate in particular the manner in which it is ensured that the employer, the workers and their representatives cooperate and participate in the implementation of organizational and other measures relating to occupational health services on an equitable basis. The Committee also requests the Government to pay particular attention to how effect is given to Article 5 of the Convention in CODELCO as for some years it has been making comments on the application of this Article in another division of the same company.

The Committee is raising other points in a request addressed directly to the Government.