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Undersecretariat of Welfare and Social Affairs Responds to Contractors: "Companies Must Identify, Assess, and Mitigate Risks of External Violence"

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• Those providing services to forestry operations argue that they should not be responsible for security in areas affected by recurring arson attacks.

"Although public security is the State's responsibility, companies must take preventive and risk mitigation actions within the framework of their competencies, always in coordination with current labor regulations," responded the Undersecretariat of Social Welfare of the Ministry of Labor, addressing statements from the Association of Forestry Contractors published by "El Mercurio" in last Friday's edition.

In the article, the president of the Association of Forestry Contractors (Acoforag), René Muñoz, criticized the recent issuance of Decree No. 2 by the Ministry of Labor and Social Welfare, which addresses the National Policy on Occupational Safety and Health (PNSST). This policy will remain in effect until 2028 and develops commitments under the International Labour Organization's Convention 187 regarding safeguarding workers' safety and health in their tasks.

According to the association, the regulation makes companies responsible for addressing insecurity situations, which they argue are state duties.

On this point, Muñoz stated that this approach "is concerning" because external issues fall under public security, and their protection "is the State's task," which cannot be shifted to the private sector "as it is neither their mission nor their specialty."

In their response to the article, the undersecretariat emphasized that "Article 184 of the Labor Code establishes that companies must fulfill their duty of protection by adopting effective measures to mitigate risks of external violence that may affect their workers." However, they clarified that "at no point has it been suggested that rural violence, as a public security issue, is the responsibility of companies."

The state agency stated that "this does not mean companies are exempt from their responsibility to protect their workers."

Complaint to the ILO
In October 2022, following an escalation of attacks against forestry operations, contractors filed a complaint against the Chilean State with the ILO for alleged non-compliance with Convention 187, citing nearly 500 attacks recorded over a decade in Biobío, La Araucanía, Los Ríos, and Los Lagos. After the ILO deemed the complaint admissible, it requested the Chilean government to detail actions taken to address the violence, initiating a conciliation process. This process took place monthly at the ILO's Chile office from July to December 2023, with representatives from the Ministries of Labor, Interior, and Public Security, as well as Acoforag.

On this matter, the contractors' representative stressed that their sectoral complaint has always been that the State must include "the concept of public security" in its National Policy on Occupational Safety and Health. However, the Ministry of Labor's decree "places responsibility on companies in the forestry, transportation, and other sectors to address external violence affecting workplaces."

In response, the undersecretariat stated that "public security is indeed the State's responsibility" and confirmed that "the Ministry of the Interior has participated in dialogue tables to report on security measures taken."

"Known Risks"

Similarly, they insisted that this "does not exempt companies from their duty of protection under current labor legislation, particularly regarding known and foreseeable risks that may affect workers."

In this regard, the agency stated that the ministry offered "this association technical support, alongside client companies and sector workers."

Security Protocols

When asked how companies should address occupational safety in the face of arson attacks and armed assaults, the entity responded that "occupational safety in contexts of external violence, such as in the southern macrozone, must be addressed in line with companies' obligation to protect their workers." They added that "this includes measures such as creating security protocols and training in emergency procedures," but reiterated that "public security, including preventing armed attacks and assaults, is a state function."

Source: Subscription edition ofEl Mercurio