CHILE

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The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner.  Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.

1.       Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness? 

In general, the terms according to the Chilean Labor Code, art. 184, the employer is obligated to take all the necessary measures to protect the life and health of workers.  The employer must guarantee medical and pharmaceutical attention in case of an accident or emergency.  If the origin of a COVID-19 case was at work or under labor activities, the employer and/or the social insurance arrangements in place to manage work accidents and occupational diseases will provide medical attention and benefits to the afflicted worker.  This has been reinforced by several legal instructions issued by the Labor Agency and supported by Ministry of Health-related regulations (e.g. Decree N°4 issued February 8, 2020 which established a ‘Sanitary Alert’ and grants extraordinary powers to public health emergency due to the Coronavirus outbreak.

2.       Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?

There is no return to work process currently, however, on April 20, government officials announced a plan to issue the world's first "immunity passports.”  These cards would allow people who have recovered from COVID-19 to return to work.  Holders of these cards would be exempt from quarantines and other restrictions.  Applicants would be tested for the presence of antibodies to determine eligibility.  Details have been sparse, but officials have promised a mass testing program and have indicated that cards will be issued to people with a “very high probability” of being non-contagious.

3.       Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business?  If so, please list them below and how long they will be in place. 

There are several regulations and instructions issued by the President of Chile and the Ministry of Health regarding COVID-19 mitigation guidelines.  The  principal ones being as follows:

  • Government Action Plan, updated April 21, 2020.  This Action Plan establishes the criteria and period of time for quarantine; people only have permission to go to the supermarket and pharmacies.  This plan also determines 94 sanitary customs in the country and details the controls to be carried out.  The sanitary customs and controls include:

    • Wearing masks when in public.

    • Social distancing (at least 1.5 meters person to person).

    • A country-wide curfew from 22:00 pm to 05:00 am. 

    • Closure of schools.

    • Closure of non-essential businesses.

    • And travel restrictions to include non-allowance for people to go to a second house for vacations.

For more details about these guidelines visit:  (https://www.gob.cl/coronavirus/plandeaccion/)

  • There are several Protocols issued by Health authorities regarding COVID-19 and related issues which are periodically updated.  Last updated 27 March 2020, they are as follows:

    • How to determine if a case is suspect, probable or confirmed.

    • Protocol for schools and kindergartens (issued by the Ministry of Education).

    • Orientation for remote learning during the quarantine (issued by the Ministry of Education).

    • Authorization granted by the police to transit during curfew in special situations.

    • Who can transit in a quarantine area.

    • Sanitary Customs dispositions.

    • Protocol for people who enter the country.

    • Medical Licenses at work.

    • Prevention and attention protocol for workers to deal with elderly people.

    • Measures for institutions which deal with girls and boys (SERNAME-National Service for Minors).

    • Prevention and attention protocol for disabled elderly.

    • Prevention and attention protocol to deal with homeless.

Updated details for each protocol can be found at: https://www.gob.cl/coronavirus/protocolos/?gclid=CjwKCAjwnIr1BRAWEiwA6GpwNQujqg13qDTiOq27DZMNzQHDZSPzRja-UvP-866pPRWIFDAlwaZNLxoCsegQAvD_BwE

The State of Constitutional Disaster Declaration was proclaimed by the President of Chile, March 18, 2020.  It will last 90 days and allows the government to restrict public meetings, continue to ensure the distribution of basic goods and services, establishes quarantine and curfew, limits the transit and locomotion of people, and allows for collaboration with the Army.  It was also announced the borders are closed for the transit of foreigners.  Chilean residents can re-enter the country and must be submitted to customs procedures and mandatory quarantine of 14 days.  Additional information and specific guidelines can be found at: (https://cdn.digital.gob.cl/filer_public/d7/5e/d75e6460-0d18-4d50-9593-109d8ae8b7ef/declaracion_estado_de_catastrofe.pdf)

4.       Which governmental authority issued these guidelines, and are they voluntary or mandatory?

These guidelines have been issued, mainly, by the President of Chile and the Ministry of Health, and all of them are mandatory.

5.       Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?

The infraction of any of these guidelines allows the sanitary authority to implement a sanitary summary with fines as much as $2.5 million (around US$3,000).  If it is determined that offenses will be considered as a criminal, there will be penal investigations which can represent additional sanctions, including jail time.

6.       Has your country adopted any laws or regulations related to COVID-19?

Laws which were implemented by the authorities can be accessed via the weblinks provided above.

All of the instructions and guidelines provided in this update have the status of ‘law’ during this pandemic time.

The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available.  If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.

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Convergence

convergence is an environmental, health, safety and social management consultancy that specializes in multi-country (international) projects and programs.  We are able to meet our clients’ needs on a global scale while recognizing the important regional differences that our clients face in conducting business. Our country health and safety legal compliance tools for offices, retail and service sectors, known as CORE, are the foremost resource of its kind.