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Occupational Health Services Convention, 1985 (No. 161) - Chile (Ratification: 1999)

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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 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)

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 2012, published 102nd ILC session (2013)

Further to its observation, the Committee requests the Government to provide information on the following points.

Article 5(a), (b) and (f) of the Convention. Occupational health services which ensure that the functions set out in this Article are adequate and appropriate to the occupational risks of the undertaking. Identification and assessment of the risks from health hazards in the workplace; surveillance of the factors in the working environment and working practices which may affect workers’ health, and surveillance of workers’ health in relation to work. In its previous comments, the Committee examined a communication by the Latin American Confederation of Workers (CLAT) and the World Confederation of Labour (WCL) alleging failure to comply with Articles 5(a), (b), (f) and (h) and 10 of the Convention in relation to the Chilean National Copper Corporation (CODELCO), in the context of a situation that occurred between 2000 and 2003 in which, according to the trade unions, there was allegedly a silicosis epidemic caused by a dust and silica concentration which exceeded the maximum permitted level. The Committee requested the Government to indicate whether the concept of the weighted permitted limit (LPP) corresponds to the international terminology of the maximum permitted limit. The Committee also requested the Government to continue its efforts to give full effect to paragraphs (a), (b) and (f) of Article 5, so as to ensure that the work environment and practices are such that no workers are exposed to levels exceeding the maximum permitted exposure limit and to provide information in that regard. Furthermore, the Committee requested the Government to extend the medical surveillance relating to silicosis to categories of workers who, without exceeding the permitted exposure limits, work in places where there are risks of exposure, and to provide information in this regard. The Committee notes the Government’s indication in its report that the concept of LPP corresponds to the international concept of maximum permitted limit, adjusted for exposure during eight-hour days and 45 hours a week, as indicated in the manual on the minimum standards for the development of silicosis monitoring programmes. The Committee notes the detailed information provided by the Government on medical silicosis monitoring. The Committee requests the Government to continue providing information on the manner in which it guarantees that the occupational health services of CODELCO and other enterprises where workers are exposed to silica comply with the obligation to ensure the functions set out in the following provisions of Article 5: (a) identification and assessment of the risks from health hazards in the workplace; (b) surveillance of the factors in the working environment and working practices which may affect workers’ health; and (f) surveillance of workers’ health in relation to work.

Article 5(h). Vocational rehabilitation. With reference to its previous comments, the Committee notes the Government’s indication that the Ministry of Health does not have statistics on the redeployment of workers in the country. The Committee understands, according to information provided by the Government, that the competent authorities in respect of the Convention are the Directorate of Labour, the Social Security Supervisory Authority and health sector bodies. The Committee requests the Government to provide information on the manner in which the competent authorities ensure compliance with Article 5(h).

Article 10. Full professional independence of the personnel of health services. The Committee notes that the Government refers to certain laws, but does not indicate how they give effect to this Article of the Convention. This Article relates to the conditions of recruitment and termination of employment of the personnel of health services. For further information, the Committee refers the Government to Paragraph 37 of the Occupational Health Services Recommendation, 1985 (No. 171). The Committee requests the Government to provide information on the manner in which the professional independence is guaranteed of the personnel providing occupational health services in relation to the functions listed in Article 5 of the Convention, as required by Article 10 of the Convention, in the case of delegated administrations, including the delegated administration of the Andina division of CODELCO Chile, as well as in the case of the new system established in the Radomiro Tomic division.

Part VI of the report form. Application in practice. Workers presumably affected, referred to in the communications of the CLAT and WCL. With regard to the information requested concerning the current state of health of the 171 workers whose initial silicosis diagnosis was overturned as a result of the change in methodology relating to medical surveillance, the Committee notes that the Government indicates that medical health surveillance is carried out by the administrations, with no requirement to send the Ministry of Health specific information on individual cases, and that in the event of disagreement on whether or not a disease is occupational, the matter is determined by the Social Security Supervisory Authority. The Committee requests the Government to provide any information made available by the Supervisory Authority or other competent bodies on the current state of health of these workers.

The Committee notes the information provided by the Government with regard to the effect given to Article 9 of the Convention. Noting that the Government has not provided information on some of the questions referred to in its previous comments, the Committee repeats those comments, which read as follows:

Part IV of the report form. Judicial and administrative decisions. The Committee notes that, according to the observation, among the 171 workers diagnosed by COMPIN as having silicosis and a disability causing them a loss of earnings of between 27.5 and 80 per cent, 41 had been relieved of their functions and, at the time of the submission of the observation, another 23 were in the process of being relieved of their functions. It indicates that, at the end of 2003, a group of 23 active workers who were sick took legal action against the company, claiming compensation for damages, while 17 of the workers relieved of their functions filed a criminal complaint alleging responsibility on the part of the company for what they referred to as an epidemic of silicosis. They referred to the defencelessness and helplessness of the workers, who were to receive US$10,000 due to have contracted silicosis. They indicated that the company denied everything, and even questioned the validity of the examinations requested by the company itself at the Clínica Santa María and the Clínica las Condes, calling into question these institutions and the competence of the health services, in particular of COMPIN, for certifying disability. The Committee notes that the Government indicates that there have been no dismissals but that workers who requested it were able to take advantage of voluntary retirement plans which included special compensation. It also indicates that the Social Security Supervisory Authority reported that eight workers had taken legal action against the company entrusted with delegated administration and that the Supervisory Authority had received a series of appeals from workers from the Andina Division of CODELCO – Chile, which have not yet been resolved and are awaiting a judicial decision. The Committee requests the Government to provide detailed information on any developments relating to the cases which are being dealt with through judicial and or administrative channels with regard to the situation under examination.

Part VI of the report form. Application in practice. The Committee requests the Government to provide information on the establishment of health services in practice, indicating the number of workers covered by the health services and the estimated number of workers not covered, the sector in which they work and the measures to provide these services. The Committee also requests the Government to provide information on the application of the Convention in practice, including summaries of labour inspection reports, contraventions identified in relation to the Convention, indicating the number and nature of the contraventions, as well as statistical information in this regard, where such statistics exist.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the comments of the Trade Union Federation of Supervisors (ROL A) and Professionals CODELCO (the National Copper Corporation) Chile (FESUC), received on 14 June 2012 and forwarded to the Government on 22 June 2012. The Committee also notes the Government’s report received on 11 September 2012, which does not contain observations on the FESUC’s comments.

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 to be taken to give effect to the Convention. In its comments, the FESUC indicates that Act No. 16744 authorizes employers to administer occupational accident and disease insurance either through external bodies (employers’ mutual associations) or through an internal entity, known as a delegated administration. Currently, in the Adina, Salvado and Chuquicamata divisions of the El Teniente company, the system of delegated administrations is in place and offers many benefits and positive features both for the company and for prevention in relation to the health and safety of its workers. The Radomiro Tomic division had the same arrangement until February 2012, when the Social Security Supervisory Authority learnt of the decision of the employer (CODELCO Chile) to hand over the administration and the health facilities to a private mutual company. According to FESUC, this decision is clearly detrimental to the health and safety of the company’s workers employed in the Radomiro Tomic division and imposes a model that jeopardizes the situation of workers in other plants. The FESUC considers that the manner in which the decision was taken is in breach of the Convention. In its previous comments, the Committee requested the Government to continue providing information on its national policy on occupational health services and on the consultations held with the social partners on the measures to be taken to give effect to the Convention. The Committee notes that, in its report, the Government indicated that the Ministry of Health does not have the competence to ensure its implementation. The Committee recalls that it is the responsibility of the Government to give effect to ratified Conventions, and not of any specific ministry. The Committee also recalls that Article 2 of the Convention sets out the obligation to formulate, implement and periodically review a coherent national policy on occupational health services in consultation with the most representative organizations of employers and workers and that Article 4 establishes the obligation of the competent authority to consult the most representative organizations of employers and workers on the measures to be taken to give effect to the provisions of the Convention. The Committee requests the Government to provide information on the manner in which effect has been given to these Articles of the Convention, namely on the consultations held and their outcome, including with regard to the type of health services applicable to the Radomira Tomic division.

Articles 5 and 8. Functions of the occupational health services as are adequate and appropriate to the occupational risks of the undertaking and participation of workers. Requirement for the employer, the workers and their representatives to cooperate and participate in the implementation of organizational and other measures relating to occupational health services on an equitable basis. The Committee notes the FESUC’s reference to the introductory paragraph of Article 5 of the Convention, under the terms of which “... with due regard to the necessity for the workers to participate in matters of occupational health and safety, occupational health services shall have such of the following functions as are adequate and appropriate to the occupational risks of the undertaking”. The FESUC also makes reference to Article 8 of the Convention, in accordance with which the employer, the workers and their representatives, where they exist, shall cooperate and participate in the implementation of the organizational and other measures relating to occupational health service on a equitable basis. The FESUC considers that the new system will have an impact on the application of the above Articles. The Committee requests the Government to provide information on the manner in which it ensures that effect is given to these Articles of the Convention through the health services model recently adopted in the Radomiro Tomic division, in both law and practice. Please indicate in particular the manner in which it is ensured that the employer, the workers and their representatives cooperate and participate in the implementation of organizational and other measures relating to occupational health services on an equitable basis. The Committee also requests the Government to pay particular attention to how effect is given to Article 5 of the Convention in CODELCO as for some years it has been making comments on the application of this Article in another division of the same company.

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

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

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Communication by the Latin American Confederation of Workers (CLAT) and the World Confederation of Labour (WCL). Background. In its previous comments, the Committee examined a communication by the CLAT and the WCL alleging a failure to comply with Articles 5(a), (b), (f) and (h) and 10 in relation to the Chilean National Copper Corporation (Codelco), Andina Division, in which there was allegedly a silicosis epidemic between 2000 and 2003 caused by a dust and silica concentration which exceeded the maximum permitted. The Committee noted in its previous comments that, according to the trade unions, 271 workers were examined using computerized axial tomography (CAT), which revealed 171 cases of silicosis. In other words, 60 per cent of the workers who underwent the examination were found to have silicosis. The Committee also noted that, according to the Government, during the period mentioned in the communication, the authority of the Aconcagua Health Service declared 115 workers to be disabled and 50 per cent of these declarations were subsequently overturned by the health authority on the basis of false positives and incorrect diagnosis using the CAT technique, which is not suitable for diagnosing this disease.

National measures. The Committee notes the relevant legislative provisions relating to the employer’s responsibility concerning prevention and information and also notes that, according to the Government, section 71 of Act No. 16744 establishes the requirement to carry out chest x-rays every six months. It also notes that Ministry of Health Order No. 4D/5809 of 1992 provides that x-rays shall be carried out periodically and shall take into account the environmental concentration, years of exposure, working day and altitude of the workplace and that circular B2 No. 32 of 10 June 2005 of the Ministry of Health instructs that the diagnosis and evaluation of silicosis shall be carried out by means of a chest x-ray in accordance with ILO standards and that once this has been carried out, it shall be compared with the ILO’s standard plates. However, the Committee understands that in the specific case of crystallized silica, the method established by the “Manual on the minimum standards on the surveillance of silicosis”, which establishes four levels of risk, should have been followed at the national level from April 2010. According to Codelco, the four levels of risk are determined by the relation between the concentration level and the weighted permissible limit (LPP). For risk level 1, the concentration is less than 0.25 times the LPP and a chest x-ray is carried out every four years; for level 2, the concentration is equal to or higher than 0.25 times and less than 0.5 times the LPP and a chest x-ray is carried out every three years; for level 3, the concentration is equal to or higher than 0.5 times and up to 1 time the LPP and a chest x-ray is carried out every two years; and for level 4, the concentration is higher than 1 time the LPP and a chest x-ray is carried out every year.

Measures implemented in Codelco, Andina Division. Codelco indicates that it is the only mining enterprise in Chile to have implemented a laboratory for the measurement of free silica with a system that enables the results of the silica measurements to be obtained within 24 hours, so that operational decisions can be taken at the right time, thereby increasing the confidence of workers and their representatives. Both the laboratory and the methodology for measurement and the taking of samples are validated by the quality programme of the Institute of Public Health of Chile (ISP) and the measuring equipment used by Codelco, Andina Division is the same as that used by the National Institute for Occupational Safety and Health (NIOSH) in the United States. Furthermore, Codelco, Andina Division is certified under Standard OSHAS 18000 under version OSHAS 18001:2007 and has specific surveillance programmes for silica, noise, vibrations, geographic altitude and ionizing radiation. Codelco provides detailed information on methodologies relating to: (1) the identification of risks; (2) risk assessment; (3) preventive action; and (4) corrective action. Furthermore, Codelco indicates that its Andina Division ensures that all workers exposed to silica above the Standard undergo annual checks from the start of their work and that for the last four years, checks are also carried out in respect of workers who are exposed to environments with silica concentrations above 50 per cent but below 100 per cent of the LPP, by means of a chest x-ray using the ILO technique and a spirometer. Furthermore, it indicates that since 2005 it has had a risk map and that a plan on improving environmental conditions is in the process of being implemented, which has achieved a significant reduction in exposure to breathable dust and crystallized silica in the areas of mines and plants and that it hopes to achieve, as the first major goal, permissible limits in at least 85 per cent of jobs by 2011.

Based on the above information, the Committee understands that Codelco, Andina Division implements rules, methodology and advanced technology for the identification of risks, surveillance of the work environment and the health of workers which are beyond those applied at the national level. The Committee hopes that Codelco can be a driving force of scientific progress at the national and international levels for other sectors with less developed standards, given that occupational safety and health is closely linked to research and is constantly developing. The Committee notes that only one of the four levels of exposure taken as a reference at the national level to determine the frequency of medical examinations is lower than the LPP and notes that Codelco also takes as a reference for its examinations values above the LPP. The Committee indicates that it is essential to achieve the objective of not exceeding the maximum exposure limit for all workers and that examinations should also be carried out where there is a risk of exposure to silica, even if the permitted exposure limits have not been exceeded. It is not a question of exceeding the limits and then carrying out periodic examinations, but rather a question of not exceeding the maximum permitted limit and carrying out periodic examinations. The Committee therefore stresses the need to place the emphasis on prevention so as not to exceed the maximum permitted limit. The Committee requests the Government to indicate whether the concept of LPP corresponds to the international terminology of Maximum Permitted Limit. The Committee requests the Government to continue its efforts to give full effect to paragraphs (a), (b) and (f) of this Article, so as to ensure that the work environment and practices are such that no workers are exposed to levels exceeding the maximum permitted exposure limit and to provide information in that regard. Furthermore, the Committee requests the Government to extend the medical surveillance relating to silicosis to categories of workers who, without exceeding the permitted exposure limits, work in places where there are risks of exposure and to provide information in that regard.

Workers presumably affected mentioned in the communication. With regard to the information requested concerning the current state of health of the 171 workers whose initial silicosis diagnosis was overturned as a result of the change in methodology relating to medical surveillance, the Committee notes that the Government has not provided any new information on this matter. The Committee emphasizes that the cause of this communication was the health of these workers. The Committee confirms that life is at the centre of OSH and that, regardless of the new methodology relating to examinations and the development of prevention, the life and health of these workers continues to be a source of concern for the Committee. The Committee therefore urges the Government to provide information on the current state of health of these workers.

Furthermore, the Committee notes that the Government has not provided certain information requested in its previous observation and that it indicated in general that it would provide further information when it received it from the central authority. Some of the questions for which no information has been provided relate to the allegations concerning the lack of vocational rehabilitation and the abandonment of the 171 workers concerned. The Committee is therefore bound to repeat its previous comments as follows:

Article 5(h). Vocational rehabilitation. According to the observation, the company has not transferred the workers, in accordance with section 71 of Act No. 16744, to other workplaces where they would not be exposed to the agent which caused the disease and the Aconcagua Health Service expressly indicates that it has not been established that the workplaces to which workers were transferred were free of the agent which caused the disease. In this regard, the Government indicates that, on 1 January 2005, the Andina Division had already transferred all workers for whom a valid decision had been issued declaring incapacity due to silicosis to other jobs in which they were not exposed to dust. The Committee requests the Government to continue to provide information on this matter, including on the measures taken in respect of the workers who have lodged appeals against the invalidation of their initial diagnosis.

Article 10. Full professional independence of health services personnel. According to the observation, Coldelco, the Andina Division, has the delegated administrative authority provided for in Act No. 16744, but it adds that this authority is not appropriate given that section 72 of the Act concerned requires an enterprise to have at least 2,000 employees before it can act as a delegated administrator and the company in question only has 600 employees. It indicates that by having delegated administration, Codelco, the Andina Division, controls the entire system of health and management of risk prevention plans and operates as a closed system in which workers are unable to resort to an external system. The Committee notes that, according to the Government, Codelco, the Andina Division, is authorized to act as a delegated social insurance administrator in accordance with section 71 of the above Act and section 23 of the Ministry of Labour Supreme Decree No. 101 of 1968. The Committee requests the Government to provide information on the manner in which it ensures the professional independence of the personnel providing occupational health services in relation to the functions listed in Article 5 of the Convention as required under Article 10 of the Convention, in the case of delegated administrators, including Codelco, the Andina Division.

Part IV of the report form. Judicial and administrative decisions. The Committee notes that, according to the observation, among the 171 workers diagnosed by COMPIN as having silicosis and a disability causing them a loss of earning of between 27.5 and 80 per cent, 41 had been relieved of their functions and, at the time of the submission of the observation, another 23 were in the process of being relieved. It indicates that, at the end of 2003, a group of 23 active workers who were sick took legal action against the company, claiming compensation for damages, while 17 of the workers relieved of their functions filed a criminal complaint alleging responsibility on the part of the company for what they referred to as an epidemic of silicosis. They referred to the defencelessness and helplessness of the workers, who were to receive $10,000 due to having contracted silicosis. They indicated that the company denied everything, and even questioned the validity of the examinations requested by the company itself at the Clínica Santa María and the Clínica las Condes, calling into question these institutions and the responsibility of health services, in particular of COMPIN, for certifying disability. The Committee notes that the Government indicates that there have been no dismissals but that workers who requested it were able to take advantage of voluntary retirement plans which included special compensation. It also indicates that the Social Security Supervisory Authority reported that eight workers had taken legal action against the company attributed delegated administration and that the Supervisory Authority had received a series of appeals from workers from the Andina Division of Codelco-Chile which have not yet been resolved and are awaiting a judicial decision. The Committee requests the Government to provide detailed information on any developments relating to the cases which are being dealt with through judicial and/or administrative channels with regard to the situation being examined.

Furthermore, in relation to the regular follow-up to the application of the Convention, the Committee repeats its request to the Government to provide the information requested in its previous direct request concerning Articles 9(1) and (2) and 10 and their application in practice.

[The Government is asked to reply in detail to the present comments in 2012.]

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its observation, the Committee requests the Government to provide information on the following points.

Article 2 of the Convention. Formulation, implementation and periodic review, in consultation with the social partners, of a coherent national policy on occupational health services. The Committee notes that on 25 May 2005, the National Agreement on the Prevention of Occupational Accidents 2005–10 was concluded between the Government, the Single Confederation of Workers, the Confederation of Production and Trade and the Association of Mutual Societies. The Committee notes that in the third clause of the abovementioned Agreement, the parties decided to set up a quadripartite committee for the purpose of evaluating the progress made every three months. The Committee requests the Government to provide information on: (1) the action taken, if any, by the quadripartite committee with regard to the formulation, implementation and review of occupational health services; (2) other plans or policies developed by other bodies in accordance with this Article in which representatives of employers and workers participate; and (3) the application in practice of these points, including, for example, extracts from the reports of the abovementioned quadripartite committee.

Article 4. Consultation with organizations of employers and workers on the measures to give effect to the Convention. The Committee notes the information provided by the Government on the consultations undertaken, which have resulted in various agreements, most recently in 2005, as mentioned above. The Committee requests the Government to continue providing information on the consultations held with the social partners to give effect to the Convention.

Article 9, paragraphs 1 and 2. Composition of occupational health services and cooperation with the other services in the undertaking. The Committee requests the Government to provide information on measures taken, in law and in practice, which concern the inclusion of medical personnel in occupational health services, as well as on the cooperation existing between the occupational health services and other services in the undertaking.

Article 10. Full independence of the personnel providing occupational health services. The Committee notes that the information provided on this point is insufficient. The Committee also refers to its comments made in its observation concerning the application of this Article. The Committee requests the Government to provide detailed information on the legislation which ensures the independence of the abovementioned personnel, including personnel hired by the enterprises to which section 72 of Act No. 16744 applies (delegated administrators), and on the application of this legislation in practice, including any administrative and/or court decisions.

Part VI of the report form. Application in practice. The Committee requests the Government to provide information on the establishment of health services in practice, indicating the number of workers covered by the health services and the estimated number of workers not covered, the sector in which they work and the measures to provide them with these services. The Committee also requests the Government to provide information on the application of the Convention in practice, including summaries of labour inspection reports, and statistical information, including data on the number of workers covered, disaggregated by gender, if possible, and the number and nature of contraventions reported.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first two reports and the comments made by the Government concerning the observations submitted by the Latin American Confederation of Workers (CLAT) and the World Confederation of Labour (WCL), to which it referred briefly in its previous observation.

Article 5, paragraphs (a), (b) and (f), of the Convention. Occupational health services which ensure that the functions set out in this Article are adequate and appropriate to the occupational risks of the undertaking. The observations allege a failure to comply with the above provisions in relation to the Chilean National Copper Corporation (Codelco), Andina Division, in which there was allegedly a silicosis epidemic caused by a dust and silica concentration which exceeded the maximum permitted. It is indicated that the company threatened workers, denied the existing epidemic and failed to assume responsibility. According to the observation between 2000 and 2003, following the assessment of occupational diseases carried out by the Preventive Medicine and Disability Committee (COMPIN), Aconcagua Health Service, 171 cases of silicosis were detected. The trade unions state that, taking into account that there was a total of 600 employees, the figure of 171 cases of silicosis indicates that 28 per cent of the company’s workers were affected. The trade unions state that the real situation could be even more serious given that the tests were limited to only a group and not to all workers in the company. Only 271 workers were examined using computerized axial tomography (CAT), which revealed 171 cases of silicosis. In other words, 60 per cent of the workers who underwent the examination were found to have silicosis. According to the communication, this indicates that the workers were exposed to physical agents which exceeded the permissible limits. The trade unions indicate that, as a result of this, the company prohibited the use of CAT and doctors were limited in the future to using only conventional X-ray systems, which, according to the trade unions, are clearly not sufficient for diagnosing silicosis. The Committee notes that, according to the Government, during the period mentioned in the observation, the authority of the Aconcagua Health Service declared 115 workers to be disabled. The Government indicates that 50 per cent of these declarations were subsequently overturned by the health authority on the basis of various technical arguments put forward in the respective appeal processes initiated in accordance with the law. The Government indicates that approximately half of the cases in which partial disability was originally declared as a result of silicosis were rejected on appeal on the basis of false positives and incorrect diagnosis using the CAT technique, which is not suitable for diagnosing this disease. The Government also indicates that, in November 2003, the country’s 28 COMPINs met together and concluded that CAT scans of the chest would not be used to assess silicosis. Instead, X-rays would be carried out every six months. With regard to exposure levels, the Government indicates that levels of exposure to silica decreased between 1999 and 2004, including exposure thereto by staff. In the working areas of the underground mine and crushing plant plans were implemented to mitigate and reduce dust contamination. The Committee recalls that under Article 5 of the Convention, occupational health services shall ensure that the functions set out in paragraphs (a), (b) and (f) of that Article (identification and assessment of risks, surveillance of factors in the working environment and surveillance of workers’ health) are adequate and appropriate to the occupational risks of the undertaking. The Committee cannot fail to note that the use of a methodology determined by a COMPIN and subsequently declared unsuitable by the same institutions once serious diagnoses have been established, as well as the uncertainty thereby created among the workers initially diagnosed with silicosis, raises doubts as to whether these functions have been carried out in an adequate and appropriate manner. With regard to paragraphs (a) and (b) of this Article, the Committee requests the Government to provide detailed information on the manner in which occupational risks are identified and how factors in the working environment are subject to surveillance, including information on prevention and exposure levels in the copper industry and in particular in the company concerned, and to include documentation on this matter, such as reports of the company’s joint health and safety committees. With regard to paragraph (f) of this Article, the Committee requests the Government to provide detailed information on the manner in which surveillance of workers’ health is carried out in the copper industry and, in particular, in the company in question, indicating, in particular, the type and frequency of examinations carried out by the medical services to prevent and detect silicosis. It also requests information on the current state of health of the 171 workers whose initial diagnosis of silicosis was reversed by subsequent X-ray examinations.

Article 5(h). Vocational rehabilitation. According to the observation, the company has not transferred the workers, in accordance with section 71 of Act No. 16744, to other workplaces where they would not be exposed to the agent which caused the disease and the Aconcagua Health Service expressly indicates that it has not been established that the workplaces to which workers were transferred were free of the agent which caused the disease. In this regard, the Government indicates that, on 1 January 2005, the Andina Division had already transferred all workers for whom a valid decision had been issued declaring incapacity due to silicosis to other jobs in which they were not exposed to dust. The Committee requests the Government to continue to provide information on this matter, including on the measures taken in respect of the workers who have lodged appeals against the invalidation of their initial diagnosis.

Part IV of the report form. Judicial and administrative decisions. The Committee notes that, according to the observation, among the 171 workers diagnosed by COMPIN as having silicosis and a disability causing them a loss of earning of between 27.5 and 80 per cent, 41 had been relieved of their functions and, at the time of the submission of the observation, another 23 were in the process of being relieved. It indicates that, at the end of 2003, a group of 23 active workers who were sick took legal action against the company, claiming compensation for damages, while, 17 of the workers relieved of their functions filed a criminal complaint alleging responsibility on the part of the company for what they referred to as an epidemic of silicosis. They referred to the defencelessness and helplessness of the workers, who were to receive $10,000 due to having contracted silicosis. They indicated that the company denied everything, and even questioned the validity of the examinations requested by the company itself at the Clínica Santa María and the Clínica las Condes, calling into question these institutions and the responsibility of health services, in particular of COMPIN, for certifying disability. The Committee notes that the Government indicates that there have been no dismissals but that workers who requested it were able to take advantage of voluntary retirement plans which included special compensation. It also indicates that the Social Security Supervisory Authority reported that eight workers had taken legal action against the company attributed delegated administration and that the Supervisory Authority had received a series of appeals from workers from the Andina Division of Codelco-Chile which have not yet been resolved and are awaiting a judicial decision. The Committee requests the Government to provide detailed information on any developments relating to the cases which are being dealt with through judicial and/or administrative channels with regard to the situation being examined.

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

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the comments of the Confederation of Autonomous Workers (CAT) forwarded by the Latin American Confederation of Workers (CLAT), and those of the World Confederation of Labour (WCL) dated 1 April, 3 May and 22 July 2004 respectively, alleging among other objections, shortcomings in the way the Convention is applied to workers of the Chilean National Copper Corporation CODELCO, División Andina. The Committee notes the abovementioned comments and requests the Government to provide detailed information on the matters raised in them. At its next meeting the Committee will examine the comments, together with any observations the Government may wish to make on them, in the light of the information contained in the Government’s earlier reports.

2. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the comments of the Confederation of Autonomous Workers (CAT) forwarded by the Latin American Confederation of Workers (CLAT), and those of the World Confederation of Labour (WCL) dated 1 April, 3 May and 22 July 2004 respectively, alleging among other objections, shortcomings in the way the Convention is applied to workers of the Chilean National Copper Corporation CODELCO, División Andina. The Committee notes the abovementioned comments and requests the Government to provide detailed information on the matters raised in them. At its next meeting the Committee will examine the comments, together with any observations the Government may wish to make on them, in the light of the information contained in the Government’s earlier reports.