In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 13 (white lead), 115 (radiation), 127 (maximum weight), 136 (benzene), 161 (occupational health services), 162 (asbestos) and 187 (promotional framework for occupational safety and health) in a single comment.

Application in practice of Conventions Nos 13, 115, 127, 136, 161, 162 and 187. The Committee requests the Government to provide information on the application in practice of the ratified Conventions on occupational safety and health, including the number, nature and cause of the occupational accidents and diseases notified, as well as information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of violations detected and penalties imposed.

A.General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 4(1) and (2) of the Convention. National occupational safety and health system. In relation to its previous comments, the Committee notes with regret that the regulations to determine activities and work that may be included in the definition of non-teaching curricular hours still have not been adopted and the Government has not provided information on the tripartite consultations undertaken in this respect. The Committee also notes the Government’s indication in its report that, on 5 August 2021, a Consultative Council on occupational safety and health was established with representatives of employers’ and workers’ organizations. While recalling the importance of periodically reviewing the components of the national system, in consultation with the most representative organizations of employers and workers, the Committee once again requests the Government toprovide a copy of the regulations determining the activities and work that may be included in the definition of non-teaching curricular hours, as soon as it is adopted following full tripartite consultations in the Consultative Council on occupational safety and health. The Committee also requests the Government to provide information on the tripartite consultations undertaken in this respect.

Article 2(3). Measures that could be taken to ratify relevant ILO Conventions on occupational safety and health.While noting the information provided by the Government on the process initiated with a view to ratifying the Safety and Health in Mines Convention, 1995 (No. 176), the Committee requests the Government to continue to provide information on the consideration given to the ratification of the relevant Conventions on occupational safety and health, including Convention No. 176. It also requests the Government to provide information on the consultations held in this regard, including in the context of the Consultative Council on occupational safety and health.

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee notes that the Government does not provide information on the consideration given to the specific problems of teachers within the framework of the national policy. It also notes that, according to Decree No. 47 of 2016 establishing the national occupational safety and health policy, the commitments for its implementation include the promotion of a participatory and tripartite analysis of the different issues concerning occupational safety and health, with a view to bringing the existing regulatory framework into line with the principles, objectives and commitments of the national policy (section VI(A)(2)). The Committee therefore once again requests the Government to provide information on the consideration given to the specific problems of teachers within the framework of the national policy, in consultation with the most representative organizations of employers and workers.

Article 5. National programme. The Committee notes that Special Decree No. 31 of 2018 approved the national occupational safety and health programme for the period 2018-20 (section 1). According to the information available, the objectives of the national programme for the period 2018-20 included the development and promotion of a national culture of prevention on occupational safety and health, incorporating the prevention of occupational risks and the promotion of health in education, training and skills. The Committee also notes the adoption of the national plan on occupational safety and health for 2019, the objectives of which included the consolidation of the preventive advice model in workplaces and the strengthening of training processes as a key tool for promoting occupational safety and health. The Committee requests the Government to provide information on any assessment carried out regarding the national plan for the period 2018-2020 and the plan for 2019 in consultation with themost representative organizations of employers and workers, and on the manner in which this assessment contributes to the development of the national programme for the subsequent period. In this regard, the Committee requests the Government to provide information on the measures adopted to ensure the formulation, implementation, monitoring, evaluation and periodic review of the new national programme for the subsequent period in consultation with the mostrepresentative organizations of employers and workers. The Committee also once again requests the Government to provide information on the consideration given to the specific features of teaching work in the framework of the national programme. It also requests the Government to provide information on the measures adopted to ensure that the national programme is widely publicized and, to the extent possible, endorsed and launched by the highest national authorities, in compliance with Article 5(3) of the Convention.

B.Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 3 and 6 of the Convention. Appropriate steps to ensure effective protection of workers against ionizing radiations, in the light of current knowledge. Review of the maximum permissible doses of ionizing radiations. In reply to its previous comments, the Committee notes the Government’s indication in its report that the Chilean Nuclear Energy Commission, by means of technical protection standards, establishes the limits for occupational exposure to ionizing radiation that are in line with the exposure limits recommended by international bodies. In this regard, the Committee notes with interest the dose limits established in the Safety Standard on basic criteria for radiation protection NS-02.0 of 2018 (points 1.2.1 and 1.2.3) and the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities NS-05.0 of 2021 (point 1.3.2, 5) and 7)): (i) in relation to the dose limits for the occupational exposure of exposed workers: (a) an effective dose of 20 mSv per year averaged over five consecutive years and 50 mSv in any one year; (b) an equivalent dose for the lens of the eye of 20 mSv per year averaged over five consecutive years and 50 mSv in any one year; and (c) an equivalent dose for the hands and feet or skin of 500 mSv per year; and (ii) in relation to higher education students and staff trainees whose training involves exposure to radiation: (a) an effective dose of 6 mSv per year; (b) an equivalent dose for the lens of the eye of 20 mSv per year; and (c) an equivalent dose to the hands and feet or skin of 150 mSv per year.

Furthermore, with regard to protection measures against ionizing radiation, the Committee notes the Government’s indication that, in 2007, the Chilean Institute of Public Health established a personal radiological monitoring programme that detects doses exceeding the limits established in the Safety Standards, which are communicated for investigation to the employer, the worker and the competent authority, with the aim of identifying the cause and taking health measures. The Government adds that, in 2010, a quality assurance programme for personal dosimetry services was established to monitor and maintain the quality of risk assessments of exposure doses received by workers. The Government also indicates that, since 2018, the national registration of doses carried out by authorized personal dosimetry services has allowed for effective epidemiological evaluations to be conducted to support the development of measures and regulations on radiological protection. Lastly, the Committee notes the Government’s indication that the dose limits for workers exposed to ionizing radiation established in Decree No. 3 of 1985 are currently being updated in accordance with the recommendations of international bodies. The Committee requests the Government to continue to provide information on the updating of Decree No. 3 of 1985, and to provide a copy of the new Decree once it has been adopted. It also requests the Government to provide information on the consultations held in this respect, including the most representative organizations of employers and workers consulted and the outcome of the consultations.

Article 2. Application of the Convention to all activities involving exposure of workers to ionizing radiations in the course of their work. 1. Emergency workers. Further to its previous comments, the Committee notes the information provided by the Government, according to which the revision of Decree No. 3 of 1985 that is currently underway incorporates the ionizing radiation limits for workers who intervene in emergency situations. Referring to paragraphs 36 and 37 of its General Observation of 2015 on Convention No. 115, the Committee requests the Government to provide information on the measures adopted to define the circumstances that constitute an emergency situation, and to ensure that the reference levels selected are within, or if possible, below the20–100 mSv band, and that no emergency worker is subject to an exposure in an emergency in excess of 50 mSv.

2. Overexposure of workers to ionizing radiationduring the maintenance of radioactive facilities. The Committee notes the Government’s reference to section 17 of Decree No. 3 of 1985, which establishes that, in situations in which it is necessary to overexpose a person to radioactive contamination, such as during the maintenance of radioactive facilities, express authorization must be granted by the Director of the Health Service, who shall set the limits of the doses that may be received in such situations. The Committee recalls that, in accordance with Article 2 of the Convention, the Convention applies to all activities involving exposure of workers to ionizing radiation in the course of their work. Referring to paragraphs 32, 33 and 34 of its General Observation of 2015 on Convention No. 115, the Committee requests the Government to provide information on the measures adopted, in the context of the revision and updating of Decree No. 3 of 1985, to ensure that workers carrying out maintenance work on radioactive facilities are within the dose limits recommended for occupational exposure. Furthermore, the Committee requests the Government to provide information on the measures adopted to ensure that the overexposure of workers to ionizing radiation only occurs in emergency situations.

Article 6.Maximum permissible doses of ionizing radiation for pregnant or breastfeeding workers. With regard to the protection of pregnant or breastfeeding workers, the Committee notes that the Safety Standard on basic criteria for radiation protection NS-02.0 and the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities NS-05.0 do not stipulate the ionizing radiation limit for pregnant or breastfeeding workers. It also notes that section 14 of Decree No. 3 of 1985 approving the regulations on radiological protection in radioactive facilities, provides for a level of protection of 0.5 rem equivalent to 5 mSv. The Committee recalls that, in its General Observation on Convention No. 115, it considers that the methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, which is equivalent to an annual effective dose limit of 1 mSv. Furthermore, in order to ensure the same level of protection for breastfed infants, the same principle should be applied to breastfeeding workers (paragraph 33). While noting the information provided by the Government on the process to revise and update Decree No. 3 of 1985, the Committee requests the Government to provide information on the measures adopted to ensure a level of protection for pregnant or breastfeeding workers equivalent to 1 mSv.

Article 8. Maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. Further to its previous comments, the Committee notes that the Government refers to the radiation exposure limits for the public established in point 1.2.2 of the Safety Standard on the basic criteria for radiation protection, and in point 1.3.2.6 of the Safety Standard on safety requirements for gammagraphy and industrial radiography facilities. The Committee observes that the above-mentioned Safety Standards do not provide for the application of the limits applicable to the public to workers who are not directly engaged in radiation work. Referring to paragraph 35 of its General Observation on Convention No. 115, the Committee requests the Government to indicate whether the dose limits established for the public apply to workers who are not directly engaged in radiation work and, if not, to specify the limits established for this category of workers.

Benzene Convention, 1971 (No. 136)

Article 6(2) of the Convention. Establishment of limits for occupational exposure to benzene. With regard to its previous comments, the Committee notes that Supreme Decree No. 594 of 1999, approving the basic sanitary and environmental conditions for workplaces, has been amended twice since 2016 through Decree No. 30 of 2018 and Decree No. 10 of 2019.

The Committee notes with regret that, despite the amendments, particularly under Decree No. 30 of 2018, which amended, inter alia, section 66 of Supreme Decree No. 594 of 1999 on the permissible limits for chemical substances, the current occupational exposure limits for benzene (1 ppm (time-weighted) and 5 ppm (short-term) are still considerably higher than the limits recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) (0.5 ppm (time-weighted) and 2.5 ppm (short-term)). While noting the Government’s indication that the lowering of occupational exposure limits for benzene is being examined, the Committee requests the Government to provide information on the measures taken in this respect.

Article 7. Processes involving the use of benzene to be carried out in an enclosed system. In relation to its previous comments, the Committee notes the information provided by the Government on the repeal of Supreme Decree No. 90 of 1996 approving the safety regulations for the storage, refining, transport and sale to the public of petroleum-derived liquid fuels and the continuing applicability of Supreme Decree No. 160 of 2008 approving the safety regulations for facilities and operations for production and refining, transport, storage, distribution and supply of liquid fuels. The Committee notes that Supreme Decree No. 160 of 2008 establishes the provision of enclosed safety systems for the control of spills from tanks containing liquid fuels (sections 66 and 78), as well as for drainage (section 170) and the delivery of liquid fuels to supply units (section 259(f)). The Committee also notes that, according to section 69 of Supreme Decree No. 160 of 2008, as an alternative means to the enclosed safety systems, systems for conducting liquid fuel spills to remote locations may be used, in accordance with the requirements established in the above-mentioned section 69. The Committee takes note of this information.

Article 14. Application of the Convention. The Committee notes the information contained in the 2018 descriptive study provided by the Government entitled “The exposure of fuel station workers to volatile organic compounds, such as benzene, toluene and xylene”, conducted by the Chilean Institute of Public Health, which reports a decrease in benzene exposure of fuel station workers due to the installation of vapour recovery systems and the automation of dispensing machines. The Committee also notes that the Government’s indication that, as of June 2022, some 158 workers were under surveillance for exposure to benzene, which is 130 more than in 2016. The Committee requests the Government to continue to provide information in relation to the monitoring of workers exposed to benzene.

Asbestos Convention, 1986 (No. 162)

Article 14 of the Convention. Requirement of labelling. Further to its earlier comments, the Committee notes the Government’s reference in its report to Chilean Standard No. 2245 of 2003, which establishes the required content of safety data sheets for chemical substances. In this regard, the Committee notes that under Chilean Standard No. 2245 of 2003, the supplier shall provide a safety data sheet giving details of the chemical substance and the supplier (point 5(b)); identification and categorization of risks (point 7(3)); and a general description of the chemical substance, allowing it to be easily identified in the event of an emergency (point 7(4)). This information must be drafted clearly and concisely in Spanish (point 5(5)). The Committee also notes the provisions of Chilean Standard No. 2190 of 2003 on badges for risk identification in transport of hazardous substances. It particularly notes the requirement that labels, marks and placards must include information on the risks of the hazardous substances listed in points 5, 6, 7 and 8 of the abovementioned Chilean Standard. The Committee takes note of this information, which addresses its previous request.

Article 17(3). Consultation of workers or their representatives on the workplan. In reply to its previous comments, the Committee notes the Government’s indication that, according to paragraph 12.3 of the “Guide for the formulation of a workplan for material containing asbestos (MCA)” workers undertaking work with materials containing asbestos must obligatorily receive training before the beginning of the work in the following areas: health risks and preventive measures; work procedures; personal protective equipment; environmental monitoring and workers’ health programme; handling and elimination of residues, and others.

The Committee notes that the Guide and Instructions on how to request authorization to undertake work with materials containing asbestos (MCA) do not include provisions relative to consultations with the workers and their representatives regarding the workplan. The Committee once again requests the Government to provide information on the measures adopted to ensure that consultations are held with the workers or their representatives on the workplan, in conformity with Article 17(3) of the Convention.

Article 18(3). Prohibition of taking home work clothing and special protective clothing. Further to its earlier comments, the Committee notes the Government’s reference to section 27 of Supreme Decree No. 594 of 1999, which establishes that the employer shall wash the work clothes and adopt measures to prevent workers from taking work clothes out of the workplace. The Committee takes note of this information, which addresses its previous request.

Article 20(1). Measurement and monitoring by the employer. In response to its earlier comments, the Committee notes the information provided by the Government on the methods of measuring the concentration of airborne suspensions of asbestos dust in workplaces and of monitoring workers’ exposure to asbestos. In particular, it notes: (i) the Protocol for determining the airborne concentration of asbestos fibres, in work environments, which is based on the phase-contrast microscopy (PCM) method, approved by Special Resolution No. 29 of 2013; (ii) the Protocol for the sampling of material that contains or may contain asbestos in the workplace, approved by Special Resolution No. 2357 of 2021; and (iii) the Handbook for the elaboration of a workplan for friable and non-friable material containing asbestos. The Committee notes that the Handbook stipulates that the workplan must include a sampling programme for workers and the environment (paragraph 4.2.8), workers must have proof that they are following a health monitoring programme for exposure to asbestos, as well as the result of their latest health check-up, in accordance with a Ministry of Health protocol (paragraph 4.2.13). The Committee requests the Government to indicate at what intervals measurement and monitoring is conducted, in conformity with Article 20(1) of the Convention.

Article 20(2). Period for which records must be kept. Regarding its earlier comments, the Committee notes the Government’s indication that the results of the measurements and monitoring of the work environment and the exposure of workers must be kept by the mutual societies in original format, and may be microfilmed or digitalized, as provided under section 2 of Decree No. 2412 of 1978, establishing rules on recovery and updating of individual accounts and registers. The Government also indicates that, within the framework of the National Occupational Safety and Health Information System, administrative bodies and enterprises with delegated administration must submit information on monitoring programmes. The system is at the phase of technological development. The Committee requests the Government to continue providing information on the manner in which it ensures that records of monitoring of the working environment and of the exposure of workers to asbestos are kept, and also on progress achieved in submitting information on monitoring programmes by administrative bodies and enterprises with delegated administration within the framework of the National Occupational Safety and Health Monitoring System. It also requests the Government to indicate the period during which records of monitoring must be kept, in conformity with Article 20(2) of the Convention.

Article 20(3). Access to the records by the workers, their representatives, and the inspection services. In response to its previous comments, the Committee indicates that, according to section 24 of Decree No. 54 of 1969, approving the Regulations for the constitution and operation of the joint health and safety committees, the committees may request the environmental monitoring reports from the employer. The Government also indicates that, in accordance with the provisions of Chapter IV of the Compendium of Social Security Rules for Employment Accidents and Work-related Diseases, administrative bodies and enterprises with delegated administration shall inform the workers of the results of health monitoring examinations, adopting safeguards for the protection of sensitive data, in compliance with the legislation in force. The Committee takes note of this information, which addresses its previous request.

Article 20(4).Right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. Further to its previous comments, the Committee notes the Government’s indication that, by virtue of section 24 of Decree No. 54 of 1969, the joint safety and health committees may, if they deem it necessary, request the employer to conduct environmental evaluations. These committees may also receive and consider suggestions from the workers on situations they observe in workplaces.

The Committee notes the Government’s indication that workers and their representative organizations may seek recourse to the competent authorities, in case of disagreement in respect of the quality of the prevention activities undertaken by the administrative bodies, including evaluations conducted by the latter in the context of monitoring programmes, and may report failure to respect risk-prevention procedures by the employer to the competent authorities. The Committee requests the Government to provide information on the application in practice of Article 20(4) of the Convention with regard to monitoring of the working environment requested by the workers of their representatives.