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legislation in !
Here is the ergonomics legislation from
Chile
The information here was collated from official online sources by Ergo Global ergonomists. All information is for general purposes and cannot be considered 1-to-1 legal advice. Ergo Global disclaim any liability relating to the information provided on this page.
To Note
Chile does not have a single “ergonomics act,” but ergonomics regulation is integrated into its Decree 44- Preventive management of occupational risks for a safe and health work environment.
Page last updated: 13/05/2026
The Duties of
The Employer
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Article 4 - Obligations of Employers
In accordance with Article 184 of the Labor Code, employers shall be obliged to take all necessary measures to effectively protect the life and health of workers, for which they shall manage the occupational risks present in the workplace, in accordance with this regulation and other applicable occupational risk prevention standards. Likewise, the employer must integrate occupational risk prevention management at all levels of the organization, for which purpose it must comply with the following general obligations:
(1) Safe working conditions - Maintaining safe and healthy working conditions and environments, eliminating or controlling all risks that may affect the life and health of workers, including the management of serious and imminent risks and emergencies, catastrophes or disasters.
(2) Compliance - Compliance with occupational risk prevention regulations, requiring the implementation in workplaces of a hazard identification and risk assessment matrix and a risk management program, which consider the gender approach, the principle of continuous improvement, the participation of workers and their representatives and the efficient and effective implementation of the measures adopted.
(3) Access - To allow access to the workplaces under their control, to the supervisory entities, as well as to the administrative bodies to fulfill their duties in matters of safety and health in accordance with current regulations.
(4) Safety promotion - The implementation of permanent actions for the dissemination and promotion of safety and health in the workplace, including the prevention of risks associated with the movement of workers and commuting accidents, with a gender focus.
(5) Information and training - Information, training and education of workers in matters of occupational safety and health, considering the risks present in the workplace and their impact on health.
(6) Worker participation - The establishment of consultation and dialogue mechanisms that encourage the participation of workers and their representatives in occupational safety and health matters, in accordance with the provisions of this regulation.
(7) Liaising - The adoption of measures for the constitution and proper functioning of the Joint Committees, the Occupational Safety and Health Delegate and the Risk Prevention Department, where appropriate, as well as the other preventive structures indicated in this regulation.
(8) Reporting - Reporting work accidents and occupational diseases to the respective administering body of Law No. 16,744 and notifying the corresponding supervisory entity of fatal and serious work accidents in accordance with Article 76 of the aforementioned law.
(9) Health monitoring - The implementation of environmental and worker health monitoring in the workplace, in accordance with current regulations.
(10) Further compliance - with the safety and health measures prescribed by the administering bodies of Law No. 16,744 and, where applicable, the Joint Committee and the Risk Prevention Department, as well as those prescribed by the supervisory entities in accordance with the law.
(11) Maintenance - Maintain or carry out the records that prove compliance with occupational safety and health standards in accordance with current regulations. -
Article 7 - Hazard Identification and Risk Assessment Matrix
The employer must prepare a hazard identification and risk assessment matrix for occupational processes, tasks and jobs, which must be available in the workplace and communicated to workers, including the Joint Committee, the Occupational Safety and Health Delegate and union leaders. For the preparation of the matrix, the employer must consider the exposure to the agents and factors of occupational risks existing in the workplace, such as ergonomic and psychosocial risks, violence and harassment at work, work accidents and occupational diseases that have occurred, as well as the risks associated with occupational surveillance programs, with a gender focus. This matrix will contain at least the following elements:
(1) Identifying workplace hazards - For each job, any source, situation, condition, or environment with the potential to cause injury or affect the health of workers must be identified, considering the characteristics of the people exposed to the risk.
(2) Risk assessment - Each hazard identified in the workplace that can be reasonably and feasibly avoided, suppressed or controlled according to available knowledge, must be assessed in order to determine the magnitude or level of the risk.
The assessment should consider not only the current working conditions, but also those that are likely to occur in the future and where there is a possibility that the worker who occupies the position or who will occupy it may be particularly sensitive to any of these working conditions.
For risk assessment, the probability of harm to the life and health of workers will be considered as a minimum. This assessment may use quantitative or qualitative methods, provided that in any case a validated assessment methodology based on criteria defined by the competent authority is used. The occupational risk assessment procedure referred to in this regulation will be governed by the "Technical Guide for the identification and primary assessment of risks in work environments" of the Public Health Institute or the document that replaces it.
However, when a special methodology must be applied by legal, regulatory or technical standard issued by the competent authority, the evaluation must comply with it.
The employer, in any case, must adopt the additional preventive control and emergency measures that are required when the assessed risk is considered to be high, severe or serious.
The hazard identification and risk assessment matrix must be known to all levels of management within the employing entity and reviewed at least annually, or whenever working conditions change in a way that could pose an additional risk to workers, a workplace accident occurs, an occupational disease is diagnosed, or a serious and imminent risk situation arises.
To develop and review the matrix, the employing entity may request technical assistance from the administering agency of the insurance under Law No. 16,744. -
Article 16 - Training of workers in occupational risk prevention
At the times and with the frequency defined by the preventive work program, which may not exceed two years, the employer shall provide theoretical or practical training, as appropriate, to workers on the main safety and health measures they must observe while performing their duties, considering a gender perspective. The training shall consist of a course lasting at least 8 hours and covering the following topics:
(1) Risk - Risk factors present in the place where the work is to be carried out.
(2) Dangers - Health effects from exposure to risk factors, for which information on occupational diseases linked to the performance of the work activity carried out should be considered.
(3) Prevention - Preventive measures for the control of risks identified and evaluated or inherent to the assigned tasks.
(4) Benefits - Medical and economic benefits to which the worker is entitled, in accordance with the insurance of Law No. 16,744 and the procedures to access them, as well as the healthcare establishment of the respective administering body, to which they must go in case of work accident or occupational disease.
(5) Emergency management - Emergency, catastrophe or disaster risk management plan of the employing entity.
(6) Signage - Signage in the workplace.
(7) Fire management - Prevention of fire risks, for which the use of fire extinguishers and other fire extinguishing mechanisms should be considered.
The Duties of
The Employer
🏠 for Remote Work
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Article 152 quater J. - Right to Disconnect
In the case of remote workers who freely manage their own schedules or teleworkers exempt from working hour limitations, the employer must respect their right to disconnect, guaranteeing a period during which they are not obligated to respond to communications, orders, or other requests. This disconnection period must be at least twelve continuous hours within a twenty-four-hour period. Likewise, under no circumstances may the employer establish communications or issue orders or other requests on the workers' days off, leave, or annual holidays. -
Article 152 quater L. - Equipment Provision
The equipment, tools, and materials for remote work or telework, including personal protective equipment, must be provided by the employer to the employee, and the latter may not be compelled to use their own equipment. Likewise, the costs of operation, maintenance, and repair of equipment will always be borne by the employer. -
Article 152 quater N. - Information
In accordance with the duty of protection that the employer has, he must always inform the remote worker or teleworker in writing about the risks involved in his work, the preventive measures and the correct means of work according to each particular case, in accordance with current regulations.
Additionally, prior to the start of remote work or teleworking, the employer must provide training to the employee on the main health and safety measures they must observe while performing these tasks. This training may be conducted directly by the employer or through the administering agency of the insurance under Law No. 16,744, as deemed appropriate.
The Duties of
The Employee
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Article 5 - Obligations of Workers
Without prejudice to the provisions of article 59 of these regulations, the following shall be the general obligations of workers:
(1) Compliance - Comply with the instructions, regulations and other legally established health and safety measures and collaborate with the employer in the management of occupational risks.
(2) Participation - Participate in the preventive activities of the employing entity.
(3) Responsibility - To reasonably observe a behavior of care for their own safety and health at work, seeking to avoid that the exercise of their work activity may affect other people close to their workplace.
(4) Committee participation - Participate in the elections for the formation of the Joint Committee and in the activities it schedules. Likewise, if elected, attend meetings and fulfill the duties as members of the Committee, unless there is a justified excuse. They must also participate in the appointment of the Occupational Health and Safety Representative, when applicable, and perform their duties if elected.
(5) Training participation - Participate in the training and education programs for the prevention of occupational risks organized by the employer, the Joint Committee, the administering body of Law No. 16,744 or the competent authority.
(6) Examination participation - To submit to the medical examination(s) and evaluations established in the Internal Regulations of the employing entity, in accordance with the health surveillance programs indicated in Article 67 of these regulations, for which the worker may express, in accordance with current regulations, their free and informed consent to undergo said examination or evaluation, when these are established in the protocols of the Ministry of Health or in the programs of the administering bodies of the insurance of Law No. 16,744 and, in the absence of the above, only if the examination or evaluation is aimed at establishing that the worker meets the physical or mental conditions necessary to perform work or tasks classified as dangerous, with the sole purpose of protecting their life and health or that of other workers, and in all cases, the guarantees of privacy, confidentiality and non-discrimination must be safeguarded.
What's next?
Step 1
Run an ergonomics audit following these regulations.
Step 2
List out the gaps in your ergonomics policy.
Step 4
Contact Ergo Global for more support where needed.