The Chilean Senate has unanimously approved a sweeping bill aimed at creating a formal employment contract for commercial divers, a move designed to drive greater safety and sustainability in the nation’s critical aquaculture industry. Following the vote, the legislation now returns to the Chamber of Deputies for final ratification of the Senate’s amendments.
The push for reform comes as a direct response to the hazardous nature of the job. Senator Gastón Saavedra, president of the Committee on Labor and Social Prevision, emphasized the “multiple risks” and “complexity” divers face, noting that workers are exposed to extreme conditions that can lead to severe health problems and accidents over time.
A High-Stakes Profession
The dangers are not just theoretical. According to data from the Labor Directorate, since 2021, divers in the salmon industry alone have suffered at least 31 serious accidents, six of which were fatal. The primary risks cited include decompression sickness, arterial gas embolism, and drowning, alongside other dangers like barotrauma from pressure changes, equipment failure, and entanglement in underwater debris like nets and ropes, which can be deadly.
New Employer Obligations
To combat this, the bill incorporates the new diving contract directly into Chile’s Labor Code. This establishes clear and unavoidable obligations for employers. Under the new law, employers must provide all necessary technical equipment and maintain the required safety staffing to ensure divers can perform their jobs safely. This oversight mandate explicitly includes assistance and supervision for activities before and after the immersion, and critically, fulfilling these safety duties cannot cut into a diver’s legally mandated rest times.
Closing Subcontracting Loopholes
Significantly, the legislation directly addresses the use of subcontractors and temporary service workers. The bill stipulates that in these cases, the primary company using the diving services “must adopt all necessary measures to effectively protect the life and health” of those workers, placing accountability firmly at the top of the chain.
Furthermore, the new framework authorizes the Ministry of Labor, in coordination with the Ministry of National Defense, to create detailed regulations. These will govern everything from a central registry of diving services and mandatory licensing to standards for safe work methods and personal protective equipment. The bill also tasks the National System of Labor Competency Certification Commission with promoting certification for workers in the sector.
As a final measure of recognition for the demanding profession, the legislation also officially declares December 18th of each year as the National Day of the Divers of Chile.
