Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 4 of the Convention. Formulation, implementation and periodic review, in consultation with the social partners, of a coherent national policy on occupational health services. Consultation with organizations of employers and workers on the measures required to give effect to the Convention. Further to its previous comments, the Committee notes with interest the information provided by the Government in its report that, in the context of the formulation and implementation of occupational health services, an Occupational Accident and Occupational Disease Information System (SIATEP) was implemented and the Occupational Safety Institute was established under Act No. 20255 of 11 March 2008. Furthermore, as a result of the National Agreement on the Prevention of Occupational and Fatal Accidents of 2005, Act No. 20123 on subcontracting was adopted in October 2006, which provides that, without prejudice to the responsibilities of the main, contracting or subcontracting enterprise, the main enterprise shall adopt measures to protect the life and health of all the workers, regardless of their status. The main enterprise shall also ensure the establishment and operation of a joint safety and health committee and a risk prevention department. Furthermore, the Act establishes the employer’s obligation to notify the Labour Inspectorate and the Ministerial Regional Department (SEREMI) immediately of any serious and fatal accidents and to take other measures. The Ministry of Labour is also obliged to produce quarterly reports on fatal occupational accidents. Through the SIATEP, the administrative bodies will be obliged to keep a database containing information on occupational accidents and occupational diseases. The Committee requests the Government to continue providing information on its national policy on occupational health services and the consultations held with the social partners on the measures that need to be taken to give effect to the Convention.

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