Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Chile (Ratification: 2011)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 4(1) and (2) of the Convention. National occupational safety and health (OSH) system. 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). Subsequently, in November 2016, the College of Teachers of Chile AG made a second representation under article 24 of the ILO Constitution, in which it alleged non-observance by Chile of the recommendations relating to several issues raised in the previous representation. In March 2017, the Governing Body, on the recommendation of its Officers, found that the second representation was receivable. It postponed the decision to appoint a tripartite committee to examine the new representation and invited this 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 (GB.329/INS/21/3).

In the Committee’s subsequent examination, it noted that, in the latest representation, the College of Teachers of Chile AG alleged that: (a) the Government had not implemented the recommendations of the tripartite committee relating to the previous representation, as it had not determined the time to be allocated for teacher appraisals in consultation with the College of Teachers of Chile AG, and Act No. 20903 of 2016 (Teaching Careers Act) did 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. It also noted 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, the Office of the Comptroller General of the Republic had determined in repeated opinions that this type of appraisal was a non-teaching activity, and must be carried out within working hours and that work performed outside of working hours shall be paid as overtime; 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. The Government indicated that it was 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.

The Committee recalls that in June 2018 and October 2020, the Governing Body postponed once again the appointment of a committee charged with examining the new representation pending examination by this Committee (GB.333/INS/8/1, June 2018 and GB.340/INS/19/9, October 2020).

The Committee recalls that, in its previous comments, it requested the Government to provide 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 this regard, the Committee takes due note of the Government's indication in its report that the College of Teachers of Chile AG has participated directly and actively in the study and development of the process of evaluation and professional development of teachers and that it has been heard and received in all instances of the legislative process, as can be seen from the reports of the education committees and the two parliamentary chambers.

In addition, the Government indicates that in accordance with section 69 of the Teachers’ Statute, as amended by the Teaching Careers Act, teaching hours have been reduced to increase non-teaching working hours. Accordingly, since the 2019 school year, only 28 hours and 30 minutes of the 44 hours of work per week can be dedicated to teaching (65 per cent of working hours, in comparison with 75 per cent prior to the change). The Committee notes the document communicated by the Government entitled "Increase in non-teaching working hours, an opportunity for the professional development of teachers", published in 2019 by the Ministry of Education. The Government indicates that this document provides guidance on the use of non-teaching working hours for professional development activities and guides the management of institutions on managing the reduction in teaching hours. This document also shows the distribution between teaching hours, non-teaching hours and rest. Finally, the Committee notes that the regulations to determine the work and activities that may be included in the definition of non-teaching curricular hours are at the last stage of their preparation and are being examined for their finalization. The Committee welcomes the information communicated by the Government as well as the measures taken to give effect to the recommendations made in the context of the representation presented by the College of Teachers of Chile AG. The Committee requests the Government to provide a copy of the regulations to determine 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 and to continue to provide information on the tripartite consultations carried out in this regard.

In addition, the Committee recalls that it intends to examine, in the context of the regular reporting cycle (2022), the following matters raised in its comments made in 2016, and hopes that the Government will provide full information in this regard.

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. The Committee requests the Government to provide information on the consultations held in relation to the measures that could be taken for the ratification of the relevant ILO Conventions on OSH.

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee requests the Government to provide information on the consideration given to the specific problems of teachers within the framework of the national policy.

Article 5. National programme. The Committee requests the Government to provide information on the formulation of the national programme and the consideration given to the specific features of teaching work in this regard.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 4(1) and (2) of the Convention. National OSH system. 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). Subsequently, in November 2016, the College of Teachers of Chile AG made a second representation under article 24 of the ILO Constitution, in which it alleged non-observance by Chile of the recommendations relating to several issues raised in the previous representation. In March 2017, the Governing Body, on the recommendation of its Officers, found that the second representation was receivable. It postponed the decision to appoint a tripartite committee to examine the new representation and invited this 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 (GB.329/INS/21/3).

In the Committee’s subsequent examination, it noted that, in the latest representation, the College of Teachers of Chile AG alleged that: (a) the Government had not implemented the recommendations of the tripartite committee relating to the previous representation, as it had not determined the time to be allocated for teacher appraisals in consultation with the College of Teachers of Chile AG, and Act No. 20903 of 2016 (Teaching Careers Act) did 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. It also noted 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, the Office of the Comptroller General of the Republic had determined in repeated opinions that this type of appraisal was a non-teaching activity, and must be carried out within working hours and that work performed outside of working hours shall be paid as overtime; 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. The Government indicated that it was 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. The Committee requested 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.

The Committee notes that in June 2018, the Governing Body postponed once again the appointment of a committee charged with examining the new representation pending further examination by this Committee, and invited the Committee to examine the application of Convention No. 187 at its 2019 session (GB.333/INS/8/1, June 2018).

The Committee notes in this respect the Government’s indication in its report that it has made a formal consultation with the Ministry of Education and the Social Security Undersecretariat with a view to getting background information regarding the representation made under article 24. The Government states that it will provide this information once received. The Committee requests the Government to provide this up-to-date information once available, particularly 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.

In addition, the Committee recalls that it intends to examine, in the context of the regular reporting cycle, the following matters raised in its comments made in 2016, and hopes that the Government will provide full information in this regard.

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. The Committee requests the Government to provide information on the consultations held in relation to the measures that could be taken for the ratification of the relevant ILO Conventions on OSH.

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee requests the Government to provide information on the consideration given to the specific problems of teachers within the framework of the national policy.

Article 5. National programme. The Committee requests the Government to provide information on the formulation of the national programme and the consideration given to the specific features of teaching work in this regard.

[The Government is asked to reply in full to the present comments in 2020.]

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

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.

Convention No. 161: Occupational health services

In relation to its previous comment, the Committee notes the information supplied by the Government with respect to Articles 2 and 4 (national policy and consultation), 5(a), (b), (f) and (h) (certain functions of the occupational safety and health services), 8 (cooperation between the employer, workers and their representatives) and 10 (professional independence) of the Convention, as well as the application in practice of the Conventions (court cases).

Convention No. 187: Promotional framework for OSH

The Committee intends to examine, in the context of the regular reporting cycle, the following matters raised in its comments made in 2016, and hopes that the Government will provide full information in this regard.

Article 2(3) of the Convention. Measures that could be taken to ratify relevant OSH Conventions of the ILO. The Committee requests the Government to provide information on the consultations held in relation to the measures that could be taken for the ratification of the relevant ILO Conventions on OSH.

Article 3. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee requests the Government to provide information on the consideration given to the specific problems of teachers within the framework of the national policy.

Article 5. National programme. The Committee requests the Government to provide information on the formulation of the national programme and the consideration given to the specific features of teaching work in this regard.

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

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2(1) of the Convention. Continuous improvement of occupational safety and health. The Committee notes with interest the information provided by the Government on the measures adopted to promote continuous improvement of occupational safety and health. In particular, it notes: (1) Act No. 20691, of 14 October 2013, creating the Occupational Safety and Health Department, reinforcing the Occupational Safety and Health Superintendence and updating its functions and responsibilities; (2) Act No. 20773, of 17 September 2014, making the regulations on joint committees applicable to the work performed by personnel on board ship or seafarers and by dockworkers; and (3) the new standards of the labour inspection services respecting the obligation of workers to undertake medical examinations for fitness to perform work considered to be unhealthy or hazardous, the reassignment of workers engaged in work at great heights found to be unfit for the performance of their work, and the requirement of the availability of clinics for work at heights of over 3,000 metres.

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. The Committee requests the Government to provide information on the consultations held in relation to the measures that could be taken for the ratification of the relevant ILO Conventions on occupational safety and health.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that in March 2016 the Governing Body approved the report of the tripartite committee set up to examine the representation alleging non observance of the Convention by Chile, made under article 24 of the ILO Constitution by the College of Teachers of Chile AG (GB.326/INS/15/6).

Article 3 of the Convention. Formulation of a national policy in consultation with the most representative organizations of employers and workers. The Committee notes with interest from the Government’s report that the national occupational safety and health (OSH) policy was approved by Supreme Decree No. 47 of 4 August 2016. The Committee notes that the policy was developed in three phases in which consultations were held at the national and regional levels with the participation of various social actors, representatives of employers’ and workers’ organizations and various public bodies having expertise in occupational safety and health matters. The Committee also notes that, in relation to the representation, the Government and the College of Teachers of Chile AG have held consultations in a number of round tables since November 2014, and particularly the technical round table on the excessive workload of teachers. The Committee requests the Government to provide information on the consideration given to the specific problems of teachers within the framework of the national policy.

Article 4(1) and (2). Progressive development of a national system for occupational safety and health. The Committee notes that the tripartite committee that examined the representation considered that the Government was taking measures to adapt the relevant legislation to the OSH problems of teachers, and particularly the problems related to the “excessive teaching workload”, and to revise section 69 of the Teachers’ Statute and its regulations in terms of the proportion of hours spent on non-teaching or supplementary activities. The Committee requests the Government to provide information on any developments in this regard.

The Committee also notes that the tripartite committee trusted that the Government would take the necessary measures as soon as possible, in consultation with the College of Teachers, to re-examine the legislation with regard to the time required for the teacher appraisal process and the locations assigned for the process. The Committee requests the Government to provide information on this subject.

Article 5. National programme. The tripartite committee encouraged the Government to set up a national OSH programme which takes account of the specific features of teaching work and includes objectives, targets and indicators of progress. The Committee notes the Government’s indication that, with a view to the approval of the national OSH policy, a first workshop would be held in December 2016 to prepare the national programme. The Committee requests the Government to continue providing information on the preparation of the national programme and the manner in which the specific features of teaching work have been taken into account in this respect.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s detailed first report.

Article 2(1) of the Convention. Continuous improvement. The Committee notes that the Government has provided charts showing a steady drop in occupational accidents, and that it has set the goals and targets to be achieved by 2015: to reduce the accident rate to 4 per cent and no more than five deaths per 100,000 workers. Furthermore, the coverage of work insurance has been extended and as from 2012 self-employed workers have been included. The Committee requests the Government to continue to provide information on the measures taken to promote the continuous improvement of occupational safety and health (OSH).

Article 2(2). Principles. The Committee notes the Government’s statement that it gives effect to the following principles: a prevention-based approach; the evaluation, monitoring and treatment of risks from the outset; improvement of health conditions in work places; information, education and training; research and consultations, particularly at workplace level. The Committee points out to the Government that this provision of the Convention relates to the question put in paragraph 2 of the report form. Consequently, the Committee requests the Government to continue to provide information on the manner in which the principles set out in the ILO instruments relevant to the promotional framework for occupational safety and health have been taken into account and are those set out in the Annex to the Promotional Framework for Occupational Safety and Health Recommendation, 2006 (No. 197).

Article 2(3). Measures that could be taken to ratify relevant OSH Conventions of the ILO. The Committee notes that since this Convention was ratified, two bodies have been set up to review legal and technical standards, so that the possibility of ratifying other Conventions can be assessed. The Committee requests the Government to provide information on the consultations held with the most representative organizations of employers and workers on the measures that could be taken to ratify relevant OSH Conventions of the ILO, and on the outcome of the consultations.

Article 3(1). Formulation of the national OSH policy. The Committee notes that, according to the Government, although no national OSH policy has as yet been officially adopted it is conducting consultations on the matter, and that the Government provides the schedule of the activities undertaken for the purpose: in April 2012, the Government organized a course for the formulation of the national policy, with technical assistance from the Office, drafts were prepared for comments and by October/November 2013 the third draft of the national policy will be ready for submission to the most representative organizations of employers and workers to seek their views. The draft could be adopted in the form of a presidential decree in January 2014. The Committee requests the Government to provide information on the consultations held with the most representative organizations of employers and workers to give effect to this Article of the Convention, and on the results of the consultations. Please provide a copy of the national policy once it has been adopted.

Article 4(1) and (2). Establishing, developing and periodically reviewing a national system for OSH in consultation with the most representative organizations of employers and workers. Components of the system. The Committee notes with interest the information supplied by the Government to the effect that since this Convention was ratified, the Government has set up two new bodies to review the legislation and consider the possibility of ratifying new instruments: the Advisory Council on Occupational Safety and Health and the Committee of Ministers for Occupational Safety and Health; and that intensive work is being done in the area of OSH. Among other things, the report indicates that since 2010, a National OSH Information System (SISESAT), which the Government describes in detail, has been launched, that it is already partly operational and that it will provide full and reliable information with a view to better OSH management, It also notes the information supplied by the Government to the effect that the country has an institutionalized OSH system, based on Act No. 16744 of 1968 (updated in 2011) on occupational accidents and diseases, the Labour Code, Ministry of Health Decree No. 544 (Regulations on basic conditions of health and environment in workplaces) and other regulations by sector, and also has a system for monitoring and for cooperation in enterprises with more than 25 workers. Measures are being adopted to promote cooperation in enterprises with 10 to 25 workers. The Committee further notes the legislation being drafted and the various bodies that bring together the employers, workers and/or the State. It notes, however, that although thorough, the Government’s report does not contain sufficient information on the consultations held with the most representative organizations of employers and workers and on the outcome. The Committee requests the Government to provide information on the consultations held with the most representative organizations of employers and workers to develop and periodically review the national system, and in particular on the legislation being drafted and on the provisions to promote, at the level of the undertaking, cooperation between management, workers and their representatives in enterprises with fewer than 25 workers. Please also include information on the organizations consulted and on the results of the consultations. The Committee would also be grateful if the Government would indicate whether consultations have been held on the manner in which the national OSH system is developed and periodically reviewed.

Article 4(3). National tripartite advisory body or bodies addressing OSH issues. The Government provides information on the Advisory Council for Occupational Safety and Health, which is national in scope and which, although it holds consultations with organizations of employers and workers, does not appear to include these organizations among its members. In the preparatory work on the Convention (Report IV (I), ILC, 93rd Session, 2005, paragraph 49), it was indicated that “an essential component of any national OSH system is a national mechanism or body comprising the government’s competent authorities and the most representative organizations of employers and workers, for the purposes of consultation, coordination and collaboration on key OSH issues.” Although the components set forth in Article 4(3) are not required in the same conditions as those set forth in Article 4(2) and may evolve as the national system is developed, the Committee deems it relevant to point out that in order to be considered as such, the tripartite body or bodies referred to in this paragraph of the Convention should include the most representative organizations of employers and workers. The Committee requests the Government to continue to provide information on any such developments as ensure the participation of the most representative organizations of employers and workers in this or in some other national tripartite advisory body dealing with OSH issues.

Article 5. National programme. The Committee notes with interest the information supplied on the Annual Plan for the Prevention of Occupational Accidents and Occupational Diseases, 2013, the National Plan for the Eradication of Silicosis, and the Plan “ConstruYo Chile” (OSH for the construction sector), among others, which have specific objectives and targets. The Committee notes, however, that according to the Government Chile has no specific and comprehensive national OSH programme, having opted to entrust the development of prevention plans to the insurance administrators. The Committee points out that according to this Article of the Convention, each Member shall formulate, implement, monitor and periodically review a national programme on OSH in consultation with the most representative organizations or employers and workers, and that the programme must meet the requirements set forth in paragraph 2 of this Article of the Convention. The Committee requests the Government to endeavour to adopt measures to establish a national occupational safety and health programme as required by paragraphs 1 and 2 of this Article, and to supply information on the measures taken, on the organizations of employers and workers that have been consulted, and the outcome of the consultations. The Committee also requests the Government to provide information on the results of the plans referred to and any other plans that contribute to the gradual attainment of the objective of a safe and healthy work environment.