Written by Ian Cardenas, Lawyer
On February 1, 2025, Chile’s new Supreme Decree No. 44/2023 took effect, introducing a comprehensive regulatory framework for workplace safety and health. Issued by the Ministry of Labor and Social Welfare, this decree replaces outdated regulations from 1969 (Decree No. 40 on occupational risk prevention and Decree No. 54 on Safety and Hygiene Committees). The updated framework aims to establish safer and healthier working environments by requiring companies to implement a structured risk management system.
Key Objectives of Decree 44
The primary goal of Decree 44 is to modernise workplace safety regulations, aligning them with international standards such as ISO 45001. The new regulations reinforce employer obligations to proactively manage workplace risks, ensuring employee protection while considering evolving work environments and emerging occupational hazards.
Major Changes Introduced
- Enhanced Employer Responsibilities: Employers must implement all necessary measures to protect employees’ health and safety. This includes identifying, assessing, and mitigating risks in the workplace.
- Mandatory Safety Management Systems: Companies must establish structured Occupational Health and Safety (OHS) management systems. Organisations with 25 or more employees must implement a more detailed system.
- Designation of Safety Officers: Employers must appoint an OHS officer and delegate workplace safety responsibilities.
- Increased Worker Training Requirements: Employees must receive regular training on occupational risks and safety measures.
- Emergency Risk Management Plans: Companies are required to develop comprehensive emergency response plans for disasters and workplace incidents.
- Stronger Compliance Measures: The decree mandates systematic risk mapping, clearer safety regulations, and active participation from workers through Safety and Hygiene Committees.
How Will This Impact Businesses?
With the enforcement of Decree 44, companies across Chile will face stricter compliance requirements, including documentation, training, and the implementation of standardised risk management protocols. Failure to comply could result in legal penalties, including fines and operational suspensions. However, these measures also provide significant benefits, such as:
- Reduced Workplace Accidents: A structured safety approach minimises risks and improves employee well-being.
- Increased Productivity: A safer work environment fosters a more engaged and efficient workforce.
- Regulatory Compliance: Aligning with the new standards ensures businesses avoid legal issues and potential fines.
- Enhanced Corporate Reputation: Companies that prioritise worker safety strengthen their brand image and attract talent.
Preparing for the Transition
To ensure smooth adaptation to the new regulations, businesses should start evaluating their current safety measures and implement the necessary changes well before the decree takes effect. Seeking expert guidance, investing in training programs, and utilising digital tools for compliance management can facilitate this transition.
Conclusion
The implementation of Supreme Decree No. 44 marks a crucial step toward improving workplace safety and health in Chile. By integrating global standards and fostering a proactive risk prevention culture, the new regulation not only enhances worker protection but also contributes to higher productivity and business sustainability. Companies that take early action to comply will be better positioned to benefit from a safer, more efficient work environment while avoiding penalties and reputational risks.
Harris Gomez Group METS Lawyers ® opened its doors in 1997 as an Australian legal and commercial firm. In 2001, we expanded our practice to the international market with the establishment of our office in Santiago, Chile. This international expansion meant that as an English speaking law firm we could provide an essential bridge for Australian companies with interests and activities in Latin America, and to provide legal advice in Chile, Peru and the rest of Latin America. In opening this office, HGG became the first Australian law firm with an office in Latin America.
As Legal and Commercial Advisors, we partner with innovative businesses in resources, technology and sustainability by providing strategy, legal and corporate services. Our goal is to see innovative businesses establish and thrive in Latin America and Australia. We are proud members of Austmine and the Australia Latin American Business Council.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create a solicitor-client relationship, and readers should seek independent legal advice for their specific circumstances. Harris Gomez Group accepts no liability for reliance on this content.