Employer’s Duty to Protect Workers: Safety and Maternity Rights

Posted on Feb 28, 2025 in Law & Jurisprudence

Employer’s Duty to Protect: Ensuring Worker Safety and Rights

The law mandates employers to fulfill a ‘duty of protection,’ requiring them to implement measures that effectively safeguard workers while performing their duties.

Key Aspects of the Duty to Protect

  1. Protecting Life and Health of Workers: This is a broad obligation, requiring employers to take necessary precautions based on the specific tasks performed.
  2. Maintaining Hygiene and Safety at the Project Site: Employers must ensure workers operate in safe and hygienic conditions.
  3. Providing Necessary Equipment: Employers must supply workers with all necessary equipment to prevent accidents and illnesses.
  4. Ensuring Access to Timely Care: Employers must provide or ensure access to medical, hospital, and pharmaceutical care for workers in case of accidents or emergencies.

Powers of the Labour Directorate

The Labour Directorate has the authority to monitor compliance with these obligations, although its power is limited.

Requirements for Workers in Hazardous Work

  1. Workers in dangerous industries or tasks require a medical certificate of fitness.
  2. Workers should not be assigned tasks beyond their capabilities or that could compromise their health or safety.
  3. Work in ports, docks, wharves, piers, and jetties is subject to maritime authority regulations.
  4. Underground work in unstable conditions and the use of explosives are governed by mine safety regulations.
  5. Commercial establishments must provide sufficient seating for employees to rest.

Violation of Regulations: Popular Action

Any person can report violations of worker protection regulations. This includes labor inspectors, Carabineros de Chile, land transport drivers, captains of merchant ships, Customs officers, and port loading/unloading managers.

Maternity Protection

Maternity protection applies to:

  • Private sector workers covered by the Labour Code.
  • Government, semi-government, and municipal employees.
  • Workers in companies or institutions listed in Article 194 of the Labour Code (e.g., cooperatives, industrial, mining, agricultural, or commercial entities).

Principle of Non-Discrimination and Freedom of Work

All workers, including those working at home and those covered by any security system, benefit from maternity protection. Article 194 of the Labour Code establishes a principle of non-discrimination, stating that employers cannot base hiring, tenure, contract renewal, promotion, or mobility on pregnancy status, nor can they require pregnancy tests for these purposes.