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“Decent Work Agenda in Chile. Towards the implementation on a National Policy in Safety and Health at work”

“Decent Work Agenda in Chile. Towards the implementation on a National Policy in Safety and Health at work”. IALI-ILO Workshop: IALI’s role in supporting the Decent Work Agenda and participating in the implementation of the Decent Work Country Programmes (DWCPs)

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“Decent Work Agenda in Chile. Towards the implementation on a National Policy in Safety and Health at work”

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  1. “Decent Work Agenda in Chile.Towards the implementation on a National Policy in Safety and Health at work” IALI-ILO Workshop: IALI’s role in supporting the Decent Work Agenda and participating in the implementation of the Decent Work Country Programmes (DWCPs) with the focus on Labour Inspection and OSH Strategies Düsseldorf, Germany November 6, 2009 Pedro Contador Abraham

  2. Summary • Sociodemographics, economics and statistical backgrounds. • Social Protection System against Occupational risks. • Legislative history of national politics • Elements of this Politic. • Tripartite Agreement. Decent Work National Agenda.

  3. 1. SOCIODEMOGRAPHICS, ECONOMICS AND STATISTICAL BACKGROUNDS. 2009 Population : 16.928.873 in habitants (estimated to June 30, 2009) Population : Female 8.588.510 Male 8.340.363 (estimatedto June 30, 2009) Labor Force : 6.688.765 people female 32% Fuente: INE 2009

  4. BACKGROUNDS… • Surface. 756.096 km2, wich increases in 1.250.000 km2 when included the Chilean Antartic territory. • Economy. Chile has one of the most open economics of the world, with low custom fees and a strong orientation in exportations. More than 12 years ago Chile’s gross state product has increased in 7% every year, while inflation constantly decreases, now is standing in a little over 4% every year.

  5. BACKGROUNDS… • Chile is member of the APEC and is associated to MERCOSUR, has signed comertial agreements with the USA, the EU, China, Mexico and Canada, and others. • The main activities are mining, service, the extraction of raw materials, silviculture, fishing, manufacturing and tourism.

  6. The anual average of the growth tax for the population is 1.2%. BACKGROUNDS… According to 2002 Census, the people of 60 and over reached 11,4 % out of the total of the country, nearly 1.7 millions inhabitants. In 2020, it is expected that elder people would be near 3 million. 

  7. BACKGROUNDS… • Chile’s Per Capita Income: US$14.673 according IMF’s world-wide economic view. • IMF’s projections are that we would be near US$ 20.000 in 2013.

  8. BACKGROUNDS…

  9. BACKGROUNDS…

  10. 2. SOCIAL PROTECTION SYSTEM AGAINST OCCUPATIONAL RISKS Law Nº 16.744. Features • Comprehensive social insurance. • Protects dependent and independent workers joined to the insurance. - Shared administrator by state and private bodies. - Automaticity principle. • Preventive Spirit.

  11. SOCIAL PROTECTION SYSTEM… Contingencies: work-related accidents and professional disesases. Coverage: • Dependent workers. - Goverment officials. - Independent workers. - Students.

  12. INSURANCE AGAINST EMPLOYMENT ACCIDENTS AND OCCUPATIONAL DISEASES COVERING. Population Protectedby InsuranceAct. No. 16.744 Labor Force 70,2% 4,66 Millions Workers (2008)** 6,68 Million Workers (2008)* Sources: *INE, **SUSESO

  13. DISTRIBUTION OF PROTECTED ENTERPRISES BY ADMINISTRATOR

  14. AVERAGE OF WORKERS BY ADMINISTRATORS

  15. PROPORTION OF OCCUPIED WORKERS PROTECTED BY LABOR INSURANCE BY ECONOMIC ACTIVITY AVERAGE 2008 Sources: SUSESO and INE National Survey of Employment – Own Elaboration

  16. ACCIDENTS AND MORTALITY ON WORK 2008 Every 100 workers Every 100.000 Workers *2008 Data on validation process

  17. 8,9% 11,3% 2,4% Tasa 2008

  18. 3. LEGISLATIVE HISTORY OF NATIONAL POLITICS • LawNo. 20.123, SUBCONTRACTING. Objectives • ChangefocusonRiskPreventionfromthecompaniestotheworkplaces. Thecompany has towatchovertheprotection of allworkers, no mattertheirdependence. • Introduce Occupational Safety and Health- Management Systems. • Encouragesupervisors, in case of fatal and/orseriousaccidents. • Expedite accesstotechnicalassistanceonSafety and Healthat workforsmallenterprises.

  19. LEGISLATIVE HISTORY… + 100 workers RISK PREVENTION DEPARTAMENT OWN ACTIVITY WATCHING DUTY SPECIAL RULES FOR CONTRATISTS AND SUBCONTRATISTS COMPANIES + 50 workers SAFETY AND HEALTH AT WORK MANAGEMENT SYSTEM +25 workers SAFETY AND HEALTH COMITTEE ALL ACTIVITIES ENTERPRISE COORDINATION - WORK REGISTRY Any Activity and N° of workers Main Company Contratist Company Subcontratist Company

  20. LEGISLATIVE HISTORY… • Law No. 20.255 – Social Security System Reform • October 2008: Voluntary incorporation to independent workers. • March 2009: Creation Instituto de Seguridad Laboral (Principal Agency for Labor Risks Insurance) • 2012 to 2015: Mandatory incorporation of independent workers.

  21. LEGISLATIVE HISTORY… Objectives of SSS Reform Cover extension System of SupportivePensions for persons who do not contribute to social security or whose pensions are too low; bonus to enter the system for excluded groups, young people or independentworkers. Increase of Benefits Increase and compensation in fees to increase the final pension and to reduce the state expense. Incentive forpensionsavings. Gender equality Reduce the gender inequality in pensions: Bonus per child,economic compensation in case of divorce or marriage nulity, Pension for spouse in case of death. Separate tender of the Invalidity and Survivor’s Insurance. Responsablility of the state Harmonize expenses of thereformthatends in (1980) withtheonethatbegins (expenses thatdiminishordisappear: oldsystempensions, recognitionbonus , PASIS and othersthat are generatedwithinthereform.

  22. 4. ELEMENTS OF NATIONAL POLITICS MAIN ACHIEVEMENTS FOR THE IMPLEMENTATION OF NATIONAL POLICY ON OCCUPATIONAL SAFETY AND HEALTH MINTRAB - ILO Cooperation, purposes of technical assistance: • Making the institutional diagnosis profile. • Implementing an Information System. • Creating Instituto de Seguridad Laboral. • Training of representatives of workers on OSH. • OSH National Survey. • National Program for Eradication of Silicosis.

  23. 5.NACIONAL TRIPARTITE AGREEMENTDECENT WORK PROGRAM The Chilean Government, through the Ministery of Work and Social Security, suscribed an agreement to promote a Decent Work National Agenda, where five National Priorities were identified. Among them was considered a National Policy in Safety and Health at Work and its implementation through tripartite mechanism. This was on november 6, 2008 and included the participation of most important representatives organizations of employees and workers and the ILO Subregional Office for the South Cone of Latin America.

  24. a. INSTITUTIONAL DIAGNOSIS PROFILE Backgrounds Comunication from the Presidente of Chile Michelle Bachelet to tripartites representatives of ILO Member States at the 96th International Labour Conference, may 2007: “(…)decent work stands as a main obligation in every country, as an ethic imperative in every nation, today is the moment in which it makes necessary “to give shape to the social dimension of the globalization”. DECENT WORK PROGRAM ILO COOPERATION

  25. ILO’s new Promotional Framework for Occupational Safety and Health Convention number 187 and the recommendation Nº 197, promote the implementation of a national policy, the consolidation of a national system/structure responsible for its implementation Consensus on the need for having a National policy Safety and Health at Work and move on the ratification of the ILO Conventions. INSTITUTIONAL DIAGNOSIS…

  26. INSTITUTIONAL DIAGNOSIS… During 2008, ILO entrusted the making of this profile to María E. Feres, former “National Director of Labor Inspection”. Head of Work Main conclusions of the report: Chile does not have a National Policy on Safety and Health at Work. National System of SHW is known for the diversity of bodies, rules, atributtions and performances, in many occasions, overlapped and contradictories, in the other hand. Important deficiencies are stated in the prevention and disparity of acces and cover in SHW, according to the enterprise size and the type of work being done (worker-employee).

  27. INSTITUTIONAL DIAGNOSIS… Mayor state boost at the beggining , in the management and in the control of enterprises and managers, which was weakened from the 70s y 80s, encouraging only the private management. System determined by politic and economic conceptions that defined the strategies of structural adjustments in chilean society economy, for its insertions in the global economy. Rules designed for the protection of the industrial worker, formal and stable, that does not fit with the current situation of Chile. Loss of coverage, separating more than 30% of the population employed, without regard to small enterprises and independent workers.

  28. INSTITUTIONAL DIAGNOSIS… Mayor advances in the en recovery of the State role and public policies in Safety and Health at Work are ascertained, especially from del Ministery of Work and Social Security. A more relevant definition of policies in the present situation, it is in the Social Security Reform Law, that , along with the introduction of improvements in pensions, creates The “Instituto de Seguridad Laboral” a public agency, now focused on Safety and Health at work. The existence of disparities in the access to the protection of the insurance labor accidents Professional diseases among workers and employees are ascertained.

  29. b. FIRST NATIONAL SURVEY ON EMPLOYMENT CONDITIONS, LABOR, HEALTH AND Y QUALITY OF LIFEHealth , Work and Equity, 2009 • Aim to describe and analize the reality of the Chilean population, about working conditions, labor, equity and health, to contribute at public policies design . • Represents a joint effort of the Ministery of Health and the Ministery of Labor and Social Security to be aware of the situation of the working population.

  30. Main Objectives Describes employment and working conditions, health and quality of life within chilean population according to social demographic variables. Describes health situation and quality of life of the chilean population according to the conditions of employment and work. Describes the access and satisfaction of the population according to preventive and healing actions of the occupational health systems and the conditions of the employment and work. FIRST NATIONAL SURVEY…

  31. FIRST NATIONAL SURVEY… 4. Analizes the employment and work conditions within the chilean population according to the main topics of soccial equality. 5. Analizes the health situation and the population quality of life according to the conditions of employment and work . 6. Identifies employment indicators, work and health that can be useful for the realization of public policies on health and equality. 7. Asseses employment, work and health indicators, that enables the planning of the main public policies to improve the population health and to reduce the social inequalities in health.

  32. c. NATIONAL PROGRAM FOR THE ERRADICATION OF SILICOSIS Silicosis is one of the most serious diseases that affects the working class. WHO and ILO are promoting , worldwide , an initiative that can erradicate this problem by the year 2030, through the development of a program that leads to gradually diminishes the labor exposure to silica. Chile adheres to this initiative by considering silicosis is a public health problem that can be controlled.

  33. NATIONAL PROGRAM FOR THE ERADICATION OF SILICOSISChile, August 8, 2009 Objectives: Reducing and controlling exposure to silica at work. Decrease the incidence and prevalence of silicosis. Improve early diagnosis and monitoring of health of workers with Silicosis and access to cash benefits; and implementation of a Social Support Program. Strengthen the Information System of Silicosis and silica exposure. Establish a Comunication System of Silicosis Risks. Strengthen participation of workers in developing, implementing and monitoring the Program.

  34. Description Its objective is to recover, store and manage relevant information related to Employment Accidents and Occupational Diseases Insurance, wichwouldmakeeasiertothoseinvolvedthecompliancewiihtheobligationsmandatedbyLaw. TheChileanGoverment has hadthecollaboration of the ILO in theinitialphase of this Project. d. EMPLOYMENT ACCIDENTS AND OCCUPATIONAL DISEASES INFORMATION SYSTEM SIATEP

  35. INFORMATION SYSTEM… • MainIssues • ComplywithreportingEmployment Accidents and Occupational Diseases and disposition of a database by administrative bodies. • b) Access torelevantinformationbyadministrative bodies and othersactors involved in the processes related to the operation of insurance (workers, employers, etc.), as the constraints due, for the purpose of formulating policies, designing and implementing preventive measures in the field of Insurance. • c) Anefficientinformationflowbetweenadministrative bodies and theirmonitors.

  36. INFORMATION SYSTEM… d) Statistics on Employment Accidents and Occupational Diseases. Public policies for permanent improvements by the Superintendence of Social Security. e) Stronger supervision by the Superintendencia de Seguridad Social in Employment Accidents and Occupational Diseases. f) Facilitate the role of other public agencies with responsibility for overseeing the Employment Accidents and Occupational Diseases Insurance to compile statistics and national health.

  37. e. LEADERSHIP TRAINNING PROGRAM FOR WORKERS IN IMPROVING WORKING ENVIRONMENT CONDITIONS 2009-2010 OBJECTIVES: 1. Promote a preventive culture and a concept of a worker citizenship among union leaders. 2. Develop curriculum and training materials for the training of labor leaders on issues of Occupational safety and health. 3. Encourage active participation of worker organizations in stablishment of preventive rules in working enviroments and in National System for Occupational Safety and Health.

  38. PROGRAM … 4. Design participation strategies and management in labor union negotiation on Safety and Health at Work issues. • Strengthen relation between the union and their members to participate in the prevention against occupational risks. TO : • Union leaders that are part of the country’s most representative Labor Unions and their associate organization • Workers member of enterprise boards.

  39. PROGRAM … METODOLOGY: • Based on risk map methodolgy developed by ILO, and adapted to the chilean reality. • Other topics: a) labor union negotiation and safety at work; b) Working conditions and fundamental rights ; c) Alcohol y Drugs at work place. FINANZING AND IMPLEMENTATION : By Labor Inspection, along with con ILO technnical assistance . In april 2009 the first 25 workers were trainned. Dr. Valentina Forastieri and Mr. Giuseppe Baffert attended that ceremony.

  40. Thank You!

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