What is occupational risk prevention in Chile? A guide to DS 44 for companies
Occupational risk prevention is a company’s ongoing work to identify the hazards of each job, assess them and control them before they cause an accident or an occupational disease. It is not a once-a-year formality: it is a cycle that repeats every time a site, a process or a person changes.
In Chile, the foundation is Law 16.744 on workplace accidents and occupational diseases. Since February 1, 2025, Supreme Decree No. 44 (DS 44) has set out how companies must carry out that work. This guide is for companies that operate in Chile or are preparing to.
The legal framework in Chile: Law 16.744 and DS 44
DS 44 is the regulation on “preventive management of occupational risks for a safe and healthy work environment,” issued by Chile’s Ministry of Labor and Social Security.
| Item | Detail |
|---|---|
| Published in the Official Gazette | July 27, 2024 |
| In force since | February 1, 2025 |
| What it replaces | DS 40 of 1969 (occupational risk prevention) and DS 54 of 1969 (joint committees) |
| Who it applies to | All employers and their workers, with simplified procedures for companies with fewer than 25 people |
The core change is that prevention is no longer a set of loose documents. It becomes a management system with a risk matrix, a work program, worker participation and continuous improvement. Sources: ISL, Chile’s Undersecretariat of Social Security and Cuatrecasas.
What DS 44 requires from companies
DS 44 requires every employer to carry out preventive management that is documented, participatory and up to date. The main requirements are:
- Hazard identification and risk assessment matrix (MIPER). It must be updated at least once a year and shared with workers, the joint committee or delegate, and union leaders.
- Risk prevention work program. The preventive and corrective actions that come out of the matrix, with deadlines and owners.
- Information on occupational risks. Each worker must know the risks of their job and how to control them. This is what used to be called the ODI (duty to inform) or “right to know.”
- Training in occupational health and safety throughout the employment relationship.
- Internal health and safety regulations, with the minimum content set by the decree.
- Risk map of the workplace.
- Prevention organization based on company size: a joint health and safety committee in companies with more than 25 workers; a health and safety delegate in companies with 10 to 25 workers and no committee; and a risk prevention department in companies with more than 100 workers.
- Collective protection and PPE, plus measures for especially vulnerable workers, such as pregnant or breastfeeding workers.
- Recording and investigating incidents and accidents, including incidents with potential for harm.
- Coordination with contractors and other companies that share the same workplace.
The decree also adds a gender perspective as one of the principles of preventive management.
The prevention documents your company must keep up to date
During an inspection, doing the work is not enough: you have to be able to prove it with dated, signed documents.
| Document | What it proves | When it is updated |
|---|---|---|
| Risk matrix (MIPER) | That the hazards of each job are identified and assessed | At least once a year, and when a process changes |
| Prevention work program | What will be done, by whom and when | Together with the matrix |
| Risk information record | That each worker knows the risks of their job | On hiring and whenever their tasks or risks change |
| Training records | Attendance, content and signature for each talk or course | At each activity |
| Internal health and safety regulations | The rules in force and that each worker received them | When rules or processes change |
| PPE delivery | Which item each person received and when | At each delivery or replacement |
| Risk map | Where the main risks of the workplace are | With the matrix |
| Committee or delegate minutes | That there was participation and follow-up | At each meeting |
| Incident and accident log | What happened, why and what was corrected | At each event |
| Contractor documents | That those working on your premises also comply | Per contract and site |
The annual matrix update is set by the decree (Cuatrecasas). The other frequencies are good practice; it is best to confirm them with your safety advisor or with your Law 16.744 insurer (a mutual or the ISL).
The most common mistakes when an inspection arrives
Most problems are not in the prevention itself, but in not being able to prove it.
- The matrix exists, but it is two years old and does not reflect the current site.
- The safety talk took place, but the attendance sheet stayed in the truck or has no signatures.
- PPE was delivered, but there is no record of who received it or when.
- The internal regulations were updated, but there is no proof they were delivered to each worker.
- Contractor documents expired and nobody noticed.
- Information is spread across folders, emails and spreadsheets, and putting the evidence together takes days.
How to keep everything up to date without paper
The simplest way to comply is to create each document digitally, signed and dated, in the same place where someone will look for it later.
- Field signatures: safety talks, inductions and PPE deliveries are signed on a phone, even offline. The signature syncs once the connection is back.
- Expiration alerts: you get a warning before the matrix, the regulations or contractor documents expire.
- Traceability: the system records who signed, when and where.
- Inspection-ready folder: all the evidence for a site or a period is gathered in minutes.
This is how Despapeliza for occupational risk prevention works. To see the benefits in detail, read why automate your risk prevention department.
Frequently asked questions
What is DS 44?
It is Chile’s regulation on preventive management of occupational risks. It has been in force since February 1, 2025 and replaced Supreme Decrees 40 and 54 of 1969.
Which companies does DS 44 apply to?
To all employers, whatever their size. Companies with fewer than 25 workers have simplified procedures.
How often must the risk matrix be updated?
At least once a year, and also whenever processes, jobs or the workplace change.
When is a joint health and safety committee mandatory?
In companies with more than 25 workers. Companies with 10 to 25 workers and no committee must have a health and safety delegate.
What replaced the ODI?
The duty to inform each worker about occupational risks: the risks of their job, the control measures and how to act.
Are electronically signed documents valid?
In Chile, Law 19.799 recognizes electronic signatures. What matters is that each record identifies the signer, the date and the content. For specific cases, it is best to confirm with your Law 16.744 insurer (a mutual or the ISL).
Sources
- ISL — Supreme Decree No. 44: obligations, articles and thresholds for committee, delegate and department.
- Undersecretariat of Social Security — DS 44 presentation (January 2025): official name, publication, entry into force and repealed rules.
- IST — DS No. 44: in force since February 1, 2025, repealing DS 40 and 54.
- Cuatrecasas — Regulation on preventive management: annual update and sharing of the matrix.