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

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 5(a), (b) and (f) of the Convention. Occupational health services which ensure that the functions set out in this Article are adequate and appropriate to the occupational risks of the undertaking. Identification and assessment of the risks from health hazards in the workplace; surveillance of the factors in the working environment and working practices which may affect workers’ health, and surveillance of workers’ health in relation to work. In its previous comments, the Committee examined a communication by the Latin American Confederation of Workers (CLAT) and the World Confederation of Labour (WCL) alleging failure to comply with Articles 5(a), (b), (f) and (h) and 10 of the Convention in relation to the Chilean National Copper Corporation (CODELCO), in the context of a situation that occurred between 2000 and 2003 in which, according to the trade unions, there was allegedly a silicosis epidemic caused by a dust and silica concentration which exceeded the maximum permitted level. The Committee requested the Government to indicate whether the concept of the weighted permitted limit (LPP) corresponds to the international terminology of the maximum permitted limit. The Committee also requested the Government to continue its efforts to give full effect to paragraphs (a), (b) and (f) of Article 5, so as to ensure that the work environment and practices are such that no workers are exposed to levels exceeding the maximum permitted exposure limit and to provide information in that regard. Furthermore, the Committee requested the Government to extend the medical surveillance relating to silicosis to categories of workers who, without exceeding the permitted exposure limits, work in places where there are risks of exposure, and to provide information in this regard. The Committee notes the Government’s indication in its report that the concept of LPP corresponds to the international concept of maximum permitted limit, adjusted for exposure during eight-hour days and 45 hours a week, as indicated in the manual on the minimum standards for the development of silicosis monitoring programmes. The Committee notes the detailed information provided by the Government on medical silicosis monitoring. The Committee requests the Government to continue providing information on the manner in which it guarantees that the occupational health services of CODELCO and other enterprises where workers are exposed to silica comply with the obligation to ensure the functions set out in the following provisions of Article 5: (a) identification and assessment of the risks from health hazards in the workplace; (b) surveillance of the factors in the working environment and working practices which may affect workers’ health; and (f) surveillance of workers’ health in relation to work.

Article 5(h). Vocational rehabilitation. With reference to its previous comments, the Committee notes the Government’s indication that the Ministry of Health does not have statistics on the redeployment of workers in the country. The Committee understands, according to information provided by the Government, that the competent authorities in respect of the Convention are the Directorate of Labour, the Social Security Supervisory Authority and health sector bodies. The Committee requests the Government to provide information on the manner in which the competent authorities ensure compliance with Article 5(h).

Article 10. Full professional independence of the personnel of health services. The Committee notes that the Government refers to certain laws, but does not indicate how they give effect to this Article of the Convention. This Article relates to the conditions of recruitment and termination of employment of the personnel of health services. For further information, the Committee refers the Government to Paragraph 37 of the Occupational Health Services Recommendation, 1985 (No. 171). The Committee requests the Government to provide information on the manner in which the professional independence is guaranteed of the personnel providing occupational health services in relation to the functions listed in Article 5 of the Convention, as required by Article 10 of the Convention, in the case of delegated administrations, including the delegated administration of the Andina division of CODELCO Chile, as well as in the case of the new system established in the Radomiro Tomic division.

Part VI of the report form. Application in practice. Workers presumably affected, referred to in the communications of the CLAT and WCL. With regard to the information requested concerning the current state of health of the 171 workers whose initial silicosis diagnosis was overturned as a result of the change in methodology relating to medical surveillance, the Committee notes that the Government indicates that medical health surveillance is carried out by the administrations, with no requirement to send the Ministry of Health specific information on individual cases, and that in the event of disagreement on whether or not a disease is occupational, the matter is determined by the Social Security Supervisory Authority. The Committee requests the Government to provide any information made available by the Supervisory Authority or other competent bodies on the current state of health of these workers.

The Committee notes the information provided by the Government with regard to the effect given to Article 9 of the Convention. Noting that the Government has not provided information on some of the questions referred to in its previous comments, the Committee repeats those comments, which read as follows:

Part IV of the report form. Judicial and administrative decisions. The Committee notes that, according to the observation, among the 171 workers diagnosed by COMPIN as having silicosis and a disability causing them a loss of earnings of between 27.5 and 80 per cent, 41 had been relieved of their functions and, at the time of the submission of the observation, another 23 were in the process of being relieved of their functions. It indicates that, at the end of 2003, a group of 23 active workers who were sick took legal action against the company, claiming compensation for damages, while 17 of the workers relieved of their functions filed a criminal complaint alleging responsibility on the part of the company for what they referred to as an epidemic of silicosis. They referred to the defencelessness and helplessness of the workers, who were to receive US$10,000 due to have contracted silicosis. They indicated that the company denied everything, and even questioned the validity of the examinations requested by the company itself at the Clínica Santa María and the Clínica las Condes, calling into question these institutions and the competence of the health services, in particular of COMPIN, for certifying disability. The Committee notes that the Government indicates that there have been no dismissals but that workers who requested it were able to take advantage of voluntary retirement plans which included special compensation. It also indicates that the Social Security Supervisory Authority reported that eight workers had taken legal action against the company entrusted with delegated administration and that the Supervisory Authority had received a series of appeals from workers from the Andina Division of CODELCO – Chile, which have not yet been resolved and are awaiting a judicial decision. The Committee requests the Government to provide detailed information on any developments relating to the cases which are being dealt with through judicial and or administrative channels with regard to the situation under examination.

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 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, contraventions identified in relation to the Convention, indicating the number and nature of the contraventions, as well as statistical information in this regard, where such statistics exist.