Decree No. 44, published on July 27, 2024, and effective February 1, 2025, updates the rules on the preventive management of occupational risks in Chile. It repeals previous regulations and establishes new employer obligations, such as creating a hazard identification matrix, integrating risk management at all organizational levels, and mandatory safety training. It also regulates the functioning of the Joint Health and Safety Committees and the Risk Prevention Departments. It includes the creation of compulsory preventive programs, the constant evaluation of risks, and the obligation of companies to implement continuous improvements in their processes. It also requires more training and workers’ participation in safety issues and establishes sanctions for companies not complying with the established regulations.
Critical definitions for a safe and healthy work environment
The new regulation introduces several key concepts to help you understand its objectives better. Among them, the following definitions stand out:
- Safe and healthy work environment: eliminates or minimizes occupational risks, integrating prevention into the organizational culture.
- Occupational risk prevention standards Require measures to eliminate, reduce, or control risks that may damage workers’ health.
- Incident or hazardous event: An event that can potentially cause accidents or damage to health, such as fires, explosions, falls, etc.
Occupational risk is the possibility that workers may be harmed by hazards in their activities, considering probability and severity. - Serious and imminent risk: Risk with a high probability of originating an occupational accident with severe consequences.
- Preventive and corrective measures: Actions to avoid and prevent the repetition of accidents or damage to health.
- Susceptible workers: Those more vulnerable to certain risks, such as the disabled, pregnant women, adolescents, etc.
Employers, by Article 184 of the Labor Code, have the following obligations:
- Take all necessary measures to effectively protect workers’ lives and health and manage occupational risks in the workplace.
- Integrate occupational risk prevention management at all levels of the organization.
- Develop a hazard identification matrix and evaluate occupational risks associated with processes, tasks, and jobs.
- Inform workers promptly about the risks of their work, preventive measures, and correct work methods or procedures.
- Train workers, at least every two years, on the leading health and safety measures to be considered in their work performance, with a gender focus.
Situations of serious and imminent risk in workplaces
In situations of grave and imminent risk in the workplace, the employing entity must immediately inform workers and take measures to suspend work and evacuate the site if the risk cannot be eliminated.
Workers can interrupt and abandon work on reasonable grounds of serious and imminent risk.
In cases of emergency, catastrophe, or disaster, the employing entity must suspend work and initiate the evacuation of workers, resuming activities only when safety conditions are guaranteed.
Joint Health and Safety Committees, made up of representatives of the company and the workers, are mandatory in companies with more than 25 workers. Their decisions are also required.
Risk Prevention Departments and internal regulations
The regulations establish the obligation to have a Risk Prevention Department in companies with more than 100 workers. This department must identify and evaluate occupational risks, advise on personal and collective protection, and promote healthy lifestyles. In addition, companies must maintain an Internal Health and Safety Regulation, compliance with which is mandatory for workers. These regulations must contain minimum provisions on obligations, prohibitions, and sanctions.
Environmental and worker health surveillance
Suppose a job involves a risk of occupational disease. In that case, the employer must assess the risk and implement a program of environmental and health surveillance of workers according to the protocols of the Ministry of Health.
The insurance administration agency must also incorporate employers into surveillance programs when it detects occupational diseases or evidence of risk factors.
If a worker develops an occupational disease, the administering agency must instruct the employer to transfer the worker to a position without the risk that caused the disease and without reducing the worker’s remuneration. The employer must implement the measures prescribed by the agency to control the risk. If the accommodations eliminate or control the risk, the worker may return to their job.
Employers are required to investigate the causes of workplace accidents and occupational diseases. They must do so with a gender approach and workers’ participation. The administrative agencies of Law No. 16,744 must develop permanent prevention activities, have specialized personnel in different areas, and establish Occupational Risk Prevention Plans coordinated with the Superintendence of Social Security.
Inspection by the Labor Directorate
The Regional Health Ministerial Secretariats and the Labor Directorate will carry out inspection, supervision, and sanction for infractions or non-compliance according to their legal competencies.
- The Health Authority will supervise the quality of the administrative agencies’ risk prevention activities.
- The Labor Directorate will have exclusive control over compliance with the rules for the constitution and operation of the Joint Health and Safety Committees.
It is essential to consider that Decrees No. 40 and No. 54 on preventing occupational risks and Joint Health and Safety Committees are repealed.
The regulation will come into force on February 1, 2025. View the document here