Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Chile

Occupational Health Services Convention, 1985 (No. 161) (Ratification: 1999)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2011)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 161 (occupational health services) and 187 (promotional framework for OSH) together.

Occupational Health Services Convention, 1985 (No. 161)

Articles 2 and 4 of the Convention. National policy and consultation. In its previous comments, the Committee requested the Government to provide information on the formulation and implementation of a coherent national policy on occupational health services and the consultations held in this regard. The Committee notes with interest the Government’s indication that the national OSH policy (Supreme Decree No. 47 of 4 August 2016) has a component on occupational health services which establishes the fundamental principles for the operation of the administrative bodies responsible for providing social security for employment accidents and occupational diseases. The OSH policy was developed in three stages, during which consultations were held at the national and regional levels, with the participation of representatives of employers’ and workers’ organizations.

Article 5(b) and (f). Surveillance of workers’ health and the factors in the working environment and working practices which may affect workers’ health. Silica. The Committee recalls that for several years it has been requesting the Government to take measures to ensure the surveillance of workers’ health and factors in the working environment where workers are exposed to silica. The Committee notes with interest the approval of the Protocol on the surveillance of the working environment and the health of workers exposed to silica (Resolution No. 268 of 2015) and Circulars Nos 2706, 2893, 2971 and 3064 of 2010, 2012, 2013 and 2014 of the Social Security Supervisory Authority which instruct the employers’ insurance funds and the Occupational Safety Institute to develop programmes for the surveillance of the working environment and the health of workers exposed to silica. The purpose of the Protocol is to reduce the incidence and prevalence of silicosis, through guidelines for the development, application and supervision of programmes for the epidemiological surveillance of the health of workers exposed to silica and the environments in which they work. The guiding principles and strategic objectives of the National Silicosis Eradication Plan (PLANESI) must be taken into account, with the aim of increasing the number of persons monitored and improving the efficiency and timeliness of control measures in workplaces, to prevent the deterioration of workers’ health, and develop procedures for the early detection of silicosis in workers.

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

Follow-up to the decision of the Governing Body (representation made under article 24 of the ILO Constitution)

The Committee recalls that the Governing Body approved, in March 2016, the report of the committee set up to examine the representation alleging non-observance by Chile of Convention No. 187, made under article 24 of the ILO Constitution by the College of Teachers of Chile AG (GB.326/INS/15/6). The Committee notes that the College of Teachers of Chile AG made a second representation under article 24 of the ILO Constitution, in which it alleges non-observance by Chile of the recommendations relating to several issues raised in the previous representation. In this regard, the Committee notes that in March 2017 the Governing Body, on the recommendation of its Officers, found that the second representation was receivable and invited the Committee to examine the allegations contained in the latest communication from the College of Teachers of Chile AG, in the context of the follow-up given to the recommendations relating to the previous representation at its session in November–December 2017. In this regard, the Committee also notes that the Governing Body postponed the decision to appoint a tripartite committee to examine the new representation (document dec GB.329/INS/21/3).

Article 4(1) and (2) of the Convention. National OSH system. The Committee notes that, in its latest representation, the College of Teachers of Chile AG alleges that: (a) the Government has not implemented the recommendations of the tripartite committee relating to the previous representation, as it has not determined the time to be allocated for teacher appraisals in consultation with the College of Teachers of Chile AG, and Act No. 20.903 (Teaching Careers Act) does not indicate the number of non-teaching hours to be allocated to teachers for appraisals, or where they are to be undertaken; and (b) the hours spent on appraisals constitute additional, unpaid and mandatory work, which is therefore damaging to the occupational health of teachers. With regard to this issue, in its previous comment, the Committee requested the Government to provide information on the review of the legislation on the teacher appraisal process and where it is to be undertaken.

The Committee notes the Government’s indication that: (1) with respect to the alleged lack of consultations, the College of Teachers of Chile AG participated directly in the formulation of the teacher appraisal process established by the Teaching Careers Act; (2) with respect to the time required to carry out appraisals, while the aforementioned Act does not refer explicitly to the time at which such activities are to be carried out, the Office of the Comptroller General of the Republic has determined in repeated opinions that this type of appraisal is a non-teaching activity, and must be carried out within working hours. The Government also indicates that work performed outside of working hours shall be considered as overtime, and be paid as such (Opinions of the Comptroller No. 42.299 of 2008 and No. 91.155 of 2014); and (3) as appraisals are a mandatory process for teaching professionals in educational establishments that are dependent on municipal authorities, the parties are required to agree on, in the employment contracts as non-teaching curricula, the hours to be spent on this appraisal process (Labour Directorate, Ordinance No. 5414/100 of 2010). Moreover, the municipal authorities are responsible for adopting measures to ensure that such evaluation activities are carried out (Opinion of the Comptroller No. 62.598 of 2012).

Furthermore, in its previous comments, the Committee observed that the Government was taking measures to adjust the relevant legislation to address the occupational safety and health issues of teachers, mainly with regard to the excessive workload, and to revise section 69 of the Teachers’ Statute and its Regulations (Act No. 19.070 of 1996, as amended) with regard to the proportion of time assigned to non-teaching activities. The Government indicates that it is in the process of developing regulations to determine more specifically the work and activities that may be included in the definition of non-teaching curricular hours, in accordance with section 6 of the Teachers’ Statute, as amended by the Teaching Careers Act. With respect to the proportion of hours spent on non-teaching activities, since 2017, teaching hours have been reduced and non-teaching hours have been increased (70 per cent teaching hours). Non-teaching hours will increase again in 2019 (65 per cent teaching hours). The Committee requests the Government to provide detailed information on the consultations held on the development of the teaching appraisal process established by the Teaching Careers Act, and on the progress made in the formulation of regulations to determine non-teaching curricular hours, in consultation with the most representative employers’ and workers’ organizations.

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