Chilean Workplace Safety: DS 76/06 Requirements
DS N° 76/06: Key Articles and Requirements
Article 1: Purpose
To establish the rules for implementing Article 66 bis of Law 16,744 concerning workplace safety and health for companies that contract or subcontract work, labor, or services inherent to their business. This also applies to contractors and subcontractors to protect the lives and safety of all workers, regardless of their employment relationship.
Article 2: Definitions (Work, Task, Own Service)
Refers to any work, project, or activity intended for the principal company or business to carry out its operations, executed under its own responsibility.
Article 3: Record-Keeping Obligations
Regarding safety and health, the principal company must maintain an updated record at the work site, task location, or service area, throughout the duration of the work. This record, in paper and/or digital format, must contain:
- a) Schedule: A schedule of activities or works to be executed, stating the names or company names of participating companies.
- b) Contracts: Copies of contracts with contractors, subcontractors, and temporary service providers. These should include:
- RUT (Tax ID)
- Name or Company Name
- Administering Agency under Law 16,744
- Description of the work and tasks being performed
- Number of employees working on-site
- c) History: History of occupational accidents and diseases related to the task.
- d) Risk Assessments: Reports of risk assessments that could affect workers.
- e) Agency Actions: Records of visits and actions required by the administering agencies of Law 16,744.
- f) Audits: Records of inspections by auditing institutions and copies of their reports or statements.
This record must be available at the work, task, or service location whenever requested by an auditing institution.
Workplace Safety and Health Management Systems
The Principal Company must implement a Safety and Health at Work Management System (SG-SST) for the specific work, task, or service under its responsibility, covering all workers involved, regardless of their employer, when the total number of workers exceeds 50. The company may implement the same management system it uses enterprise-wide for this specific work or task.
Definition: Management System
A set of integrated elements focused on risk prevention to ensure the protection of the health and safety of all workers.
Implementation Support (Worker Thresholds)
More than 100 Workers
The company’s Department of Risk Prevention (if applicable, e.g., at a mine site) must provide technical assistance for the implementation and application of the management system.
51-100 Workers
If the principal company has its own Department of Risk Prevention, this department will provide the necessary advice to implement the management system. If it does not have such a department, technical assistance must be sought from the administrative body (mutual insurance association or ISL) affiliated with the principal company under Law 16,744.
Elements of the Management System
- a) Policy: Establish guidelines and criteria for protecting the safety and health of workers involved in a specific project or task. This policy must be communicated to all workers.
- b) Organization: Define an organizational structure for risk prevention within the work, task, or service, specifying the roles and responsibilities of different hierarchical levels involved in the safety and health system.
- c) Planning: Develop a work program that guarantees workplace safety and health. This includes identifying risks associated with each activity and planning measures to eliminate or reduce these hazards.
- d) Evaluation: Periodically assess the performance of the management system at different organizational levels. This evaluation must be conducted by the principal company.
- e) Improvement: Based on evaluation results, establish mechanisms for implementing preventive and corrective actions to continuously improve the management system.