LEY NÚM. 21.422

PROHIBITION OF THE ENVIRONMENTAL DISCRIMINATION TO MUTATIONS OR ALTERATIONS OF GENETIC MATERIAL OR GENETIC REVIEW

Bearing in mind that the H. National Congress has approved the following bill initiated in a motion by the Honourable Senator, Mr. Alejandro Navarro Brain,

Bill:

"Article 1 No employer may condition the hiring of workers, their permanence or the renewal of their contract, or the promotion or mobility in their employment, the absence of mutations or alterations in their genome that cause a predisposition or a high risk to a pathology that may become manifest during the course of the working relationship, or require for such certified purposes or any examination that allows the worker not to possess in his or her human genome mutations or alterations of genetic material in the future.

Article 2°- The worker may express his or her free and informed consent to a genetic examination, in accordance with the provisions of the article 14 of the Act No. 20,584as long as it is aimed at ensuring that it meets the physical or mental conditions necessary and suitable for the development of work or work qualified as dangerous, with the sole purpose of protecting its life or physical or mental integrity, as well as the life or physical or mental health of other workers. If these examinations are required by the employer, the employer shall assume their cost. In addition, in the event of an existing employment relationship, the time used in conducting such examinations will be understood as working for all legal effects.

Article 3.- Health establishments and laboratories conducting such tests, as well as employers who access this information, shall take all security measures prescribed in the Act No. 20,584 and in article 12 of Act No. 20.120, in order to protect the worker's privacy and ensure a reserved handling of the data.

The worker will always have the right to access the information that has a genetic examination. ".

And for I have had it good to approve and punish it; therefore, promute and take it into effect as the Law of the Republic.

Santiago, February 3, 2022.- SEBASTIÁN PIÑERA ECHENIQUE, President of the Republic.- Pedro Pizarro Cañas, Minister of Labour and Social Security (S).- Enrique Paris Mancilla, Minister of Health.

What I write to you for your knowledge.- Gustavo Rosende Salazar, Assistant Secretary of Labour (S).