Act Establishing The Office Of Safety And Health At Work, Strengthens The Role Of The Superintendent Of Social Security And To Update Their Powers And Functions

Original Language Title: LEY QUE CREA LA INTENDENCIA DE SEGURIDAD Y SALUD EN EL TRABAJO, FORTALECE EL ROL DE LA SUPERINTENDENCIA DE SEGURIDAD SOCIAL Y ACTUALIZA SUS ATRIBUCIONES Y FUNCIONES

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"(Artículo 1°.-Introdúcense las siguientes modificaciones en la ley Nº 16.395, de Organización y Atribuciones de la Superintendencia de Seguridad Social: 1) replaced article 1 ° by the following:" article 1.-the Superintendent of Social Security, hereinafter the Superintendent, is a public service functionally decentralized, with legal personality and own patrimony, which is related to the President of the Republic through the Ministry of labour and Social Welfare "" , through the Secretariat for Social Welfare.

The SVS will have, for all legal purposes, the nature of audit institution, within the meaning of title I of the Decree Law No. 3.551, 1981.

The Superintendent shall constitute a public service of those governed by the system of high address public, established in Title VI of the law N ° 19.882.

Its domicile is the city of Santiago, without prejudice to regional offices that the Superintendent establishes in other cities of the country.

It will be up to the Superintendent the supervision and control of systems of social security and social protection, as also of the institutions that administer them, within the sphere of its competence and in accordance with the law. "."

(2) replace article 2 ° as follows: "(Artículo 2°.-Son funciones de la Superintendencia las siguientes: a) set, in the administrative order, the interpretation of the legal and regulatory rules of social security within its competence."

b) issuing circulars, instructions and resolutions to entities subject to its supervision, insofar as they are necessary for the exercise of the functions and powers conferred on him by this law.

You must also give instructions to institutions under its control on procedures for the proper granting of benefits that in each case apply, within the scope of their competence.

Prior to issuing circulars or general instructions the Superintendency will convene a process of public consultation and comments welcome, except that, by the nature of the matter in question or the opportunity that should take effect the respective instructions, this instance was not appropriate. This process will be done by electronic means or otherwise established to the effect. The comments received will be assessed, without being binding.

(c) resolve submissions, appeals and complaints of users, workers, pensioners, employing entities, administrators of the social security bodies and other persons, whether natural or legal, in matters which non-litigious nature, within the scope of their competence.

(d) advise the Ministry of labour and Social Welfare in matters within its competence and to propose legal and regulatory reforms to the technique and experience warrant.

(e) carry out studies and reports on medical, actuarial, financial and legal aspects and others, referred to matters within its competence.

(f) to systematize and propose the standardization of the regulations on safety and health at work, to achieve uniformity, through periodic reviews.

(g) administer and maintain up-to-date national information system for safety and health at work, which shall contain, at the very least, information from reports of accidents of work and of occupational diseases, occupational disease diagnosis, examinations and assessments carried out, scores of accidents and diseases, and prevention activities and control that apply ensuring the privacy of personal and sensitive data.

The system will be integrated, in addition, with information on safety and health at work which must provide, in the manner and frequency determined by the Superintendency, the national health fund, health Ministerial regional secretariats, commissions of preventive medicine and disability, health, the Occupational Safety Institute, health welfare institutions mutual societies of employers and the Labour Directorate; entities that will be required to deliver the background that need to possess according to their legal powers. If you do not have the background or do not comply with your referral within the set deadlines, these entities must inform in writing the reasons for this and indicate the term that will do it. In addition, the Superintendent may require that provided the pension data information system administered by the Social Security Institute, as the information that other public or private entities have in their power and information necessary for the integration of the system and the fulfilment of its objective.

The Superintendent shall provide access to information that will be recorded in the national information system to public entities that request, exclusively within the scope of their competence.

Provisions of the final paragraph of article 56 of the law N ° 20.255 shall apply to the staff of the Superintendency.

(h) advising the Ministry of labour and Social Welfare in the evaluation and design of public policies in the areas of its competence, including the public policy on safety and health at work, and propose legal and regulatory reforms that are relevant.

(i) give instructions administrators bodies of law N ° 16.744, in accordance to what has public policy on safety and health at work, as appropriate, and supervise these entities conform to those.

(j) evacuate technical reports requesting the Court of Justice, in matters within their competence.

(k) ensure that the supervised institutions comply with the laws and regulations governing them and the instructions issued by the Superintendency, without prejudice to the powers which may correspond to other audit bodies.

(l) consider, qualify, and observe States accounting and financial institutions fully subjected to supervision, which, according to a rule of general application that establishes the Superintendency must be submitted duly audited by external auditors registered in the register of external audit of the Superintendency of securities and insurance companies.

(m) order the realization of audits or, in certain cases, sanctioning procedures instruct supervised entities, proceeding to the implementation of sanctions applicable, without prejudice to the Faculty of making complaints and grievances before the public prosecutor and the courts corresponding by the possible responsibilities of that character that affect those or their directors executives and workers.

(n) give instructions of a general nature to the audited bodies, can post with the frequency that the Superintendency points, sufficient and timely information of public interest, relating to their legal, economic and financial situation as well as background information on the structure of corporate governance and senior management who have.

(n) develop and publish statistics relating to social security within the scope of their competence schemes.

(o) develop and publish the annual report of the national system of safety and occupational health, which will include the results achieved, the major milestones in the development of the national policy on safety and health at work, and the advances that are recorded in the achievement of the objectives, indicating levels of compliance for the same and prospects for the future. In addition, compile, consolidate and systematize the information that provide administrators agencies act Nº 16.744 and various public institutions with competence in matters of occupational health and safety, directly or through the national system of information on safety and health at work.

The memory shall be sent to the Ministry of labour and Social Welfare, more not later than the month of may of each year.

(p) to disseminate the technical and social principles of social security, through the dissemination of the relevant legal texts and the result of your application.

q) perform such other functions which assigned laws. "."

(3) replace article 3 ° by the following: 'article 3.-the Superintendent of Social Security will be the technical authority's control of the institutions of forecast, within the scope of their competence.

The supervision of the Superintendence shall include the orders medico-social, financial, actuarial, legal and administrative, as well as also the quality and timeliness of benefits. ".".

(4) replace article 4 ° by the following: "article 4.-an official with the title of Superintendent of Social Security is the upper head of the Superintendency and the legal, judicial and extra-judicial representation of the same.

The Superintendent of Social Security, the Prosecutor and the mayors will be appointed by the President of the Republic in accordance with the provisions of title VI of the law Nº 19.882. For this purpose, the Superintendent will have grade 1 °, corresponding to the first tier supervisors scale, and the offices of Prosecutor and mayors, supervisors scale 2nd grade, corresponding to the second hierarchical level.

It will be up to the Superintendent, especially: to) plan, organize, direct, coordinate and control the operation of the Superintendence.
(b) establish regional or provincial offices when the needs of the service so require and there are budgetary availability.

(c) enact regulations and internal instructions necessary for the proper functioning of the Superintendence.

(d) hold conventions and perform the acts necessary for the fulfilment of the purposes of the Superintendence. In the exercise of these powers you can manage, acquire and dispose of property.

(e) exercise, with respect to the SVS staff, all the powers that correspond to a superior Chief of service.

(f) instruct the city halls of the Superintendent, to his Office, and the units that make up their internal organisation, functions as it deems necessary.

(g) implement sanctions pointing laws.

(h) meet and resolve the resources established by law.

(i) deliver annually of its management, with the aim of allowing people to carry out a continuous and permanent evaluation of the progress made and results achieved by the Superintendency.

(j) any other established laws and regulations. "."

(5) repealed article 6.

(6) replace article 7 ° by the following: 'article 7.-the SVS staff is governed by law No. 18.834 the revised, coordinated and streamlined text was set by the decree with force of law N ° 29, 2005, the Ministry of finance.

Freelance of the SVS staff may play functions of a managerial nature or headquarters, which will be assigned, in each case, by the Superintendent. The staff assigned to such functions may not exceed 10% of the personal contract of the institution. "."

(7) replace article 8 ° by the following: "article 8.-the SVS will be structured organic and functionally in the Prosecutor's Office, the administration of safety and health at work and the administration of social benefits.

In accordance with the provisions of article 31 of the law N ° 18.575, General Bases of the administration of the State constitutional organic, the revised, coordinated and streamlined text was set by the decree with force of law No. 1 of 2001, the Ministry General Secretariat of the Presidency, the Superintendent, subject to the plant and the maximum staff manning establish their internal organization and determine names and functions that correspond to each of its units. "."

(8) repeal articles 9 and 10.

((9) in article 11: to) delete the phrase "the plant".

(b) replace the sentence "the entities that monitor" by "in entities that monitor".

(10) repeal articles 12, 13, 14, 15, 16, 17, 18, 19 and 20.

((11) in article 23: to) be replaced with the expression "article 15 of the decree with force of law N ° 245, 1953", as follows: "the law N ° 18.833".

(b) replaced the expression "to control" by "to the supervision".

(12) repeal articles 26, 28 and 29.

(13) replaced by article 30 prayer "insurance on accidents at work shall be governed by the relevant provisions of the laws of social welfare" by "Social insurance against occupational hazards and diseases professionals governed by law N ° 16.744 and its regulations".

(14) repeal article 31.

(15) replaced article 32 with the following: ' article 32.-the Constitution of societies or subsidiaries bodies of social security institutions subjected to the comprehensive supervision of the Superintendent of Social Security must be authorised by that Superintendency. " Also, these companies or subsidiaries bodies shall be subject to the control and supervision of the Superintendence, without prejudice to the powers that correspond to other agencies. "."

(16) repeal articles 33 and 34.

(17) replaced article 35 with the following: "article 35.-in the exercise of its supervisory work, the Superintendency shall always inform the entity about the specific material object control and the relevant regulations, performing the proportional steps in order to control."

For the fulfilment of its functions and powers, the SVS may inspect the operations, property, books, accounts, archives and documents of the institutions subject to its supervision, and require or one of its administrators, advisors, auditors or staff, the background and explanations that it deems necessary. Also, you can request the delivery of documents or books or records that are necessary for control purposes, without altering the normal development of the activities of the affected.

The Superintendent, through resolution, shall determine those books, files and documents of supervised entities which must be permanently available for examination at your home or at the Head Office of its activity.

Also the Superintendent may require audited organizations that provide the information needed to develop its functions through electronic means, such as also you granted access to information systems possessing these institutions, in cases which determine through your instructions and taking all necessary measures to ensure the protection of the confidentiality of sensitive information.

In addition, you can request statement written or summon to top managers, representatives, administrators, directors, consultants, auditors and dependent entities or people subject to supervision, in the cases in that it deems necessary for the performance of their duties. Shall not be obliged to declare the persons indicated in article 361 of the code of Civil procedure, to which the Superintendent shall seek statement written to attend. "."

(18) repeal articles 36 and 37.

((19) in article 38: to) added in the initial paragraph, then the phrase "social welfare institutions", as follows: "under its control".

((b) disposed of in the letter b) the expression "officials of".

((((c) repeal the letter c), passing the following to be c's), d) and e), respectively.

((d) replace the letter f.), which happens to be letter e), with the following: "e) set the interpretation of the laws and regulations of social security and order to the institutions under their control which conform to this interpretation.".

(20) replaced subparagraph first of article 39 with the following: ' article 39.-the Superintendent of Social Security shall have jurisdiction to investigate, examine, review and decide on all acts of administrative and technical management of supervised institutions, in matters within their competence, and in the granting of benefits to its members; " establish whether current laws concerning investment and granting of benefits have been met and, in particular, will meet expenditures and investments of entities fully subject to its supervision. "."

(21) added article 40, after the phrase "and services", the word "public".

(22) repeal articles 41, 42 and 43.

(23) disposed of in article 45 the sentence "this litigará in simple paper and".

(24) replaced article 46 by the following: "article 46.-the Superintendent shall observe all directories or tips of the supervised institutions agreement deemed contrary to the laws or the interest of the institutions." This power should be exercised it in writing and within the period of seven working days, from the date evidencing receipt of the agreement in the Superintendency.

Directories or tips of the entities whose agreements have been observed by the Superintendent on the basis of the interest of such entities, may, with the votes of two-thirds of its members, insist on such an agreement, in which case it must comply. In any case, the bonded entity must take all measures necessary to ensure the proper implementation of the agreement insisted, and must record the results of the same. You must report these results to the Superintendent with the periodicity is determined. "."

(25) replaced article 47 by the following: "article 47.-the supervised entities must inform the Superintendent of any material fact that may affect their management or the timely granting of the corresponding benefits, within a maximum of twenty-four hours since its occurrence, in accordance with the instructions that it has given to the effect." In any case, rules of general application, the Superintendent shall indicate expressly the meaning and scope of the relevant facts that should be informed. "."

((26) in article 48: to) replaced first subparagraph by the following: ' article 48.-will be Faculty of the Superintendent of Social security order that audits are carried out or instruct the sanctioning procedures that apply to public institutions under their control, to prove violations and responsibilities in the facts under investigation, without prejudice to the powers on the same subject heads of respective services have. "

In other entities subject to supervision, the Superintendent may order that audits are carried out or instruct sanctioning procedures to prove the violations and responsibilities that apply in the facts under investigation. "."
(b) add in the second paragraph, that happens to be third, between the words "institutions" and "controlled", the word "public".

(27) replaced article 50 by the following: "article 50.-in accordance with the provisions of the fifth paragraph of article 35, counselors, directors, Vice Presidents and managers of the institutions subject to the supervision of the Superintendency will be required to give evidence in cases where it is required and, if not made, upon application of the sanctioning procedure and founded resolution" , a fine of up to one hundred units of promoting may apply them. "."

(28) replaced article 51 by the following: ' article 51.-the Superintendent may require controlled entities or respective service Chief evaluate the suspension of their functions to the counselors, directors, Vice Presidents and administrators, up to thirty days, as a preventive measure during a punitive procedure, when it considers that this measure is essential to the development and success of the enacted measures. ".

(29) replaced article 52 by the following: ' article 52.-If the sanctioning procedures appears committed the responsibility of a Director, director, Vice President, or administrator of the institutions under their control, shall apply the sanctions in article 57 of this law. ".

((30) in article 53: to) replaced paragraph first the phrase "the corresponding summary," with "the sanctioning procedure that corresponds,".

(b) replace the second paragraph by the following: "the sanctions resulting from the procedure shall apply without prejudice to the criminal and civil responsibility of Directors, advisors, Vice-Presidents or administrators of the institutions under their control, that will respond, jointly and severally, pursuant to law, for damages which have irrogado to the institution or to the beneficiaries of the social security systems that manage , by the implementation of the agreement insisted. "."

(31) replaced article 54 with the following: "article 54.-in case of performing audits, supervised institutions shall inform the Superintendent the same results and corrective measures if necessary, according to the instructed by such service.".

(32) be replaced with article 55 the following: ' article 55.-instruction of the sanctioning procedure will be done by an official of the SVS that will receive the name of instructor. " The procedure will begin with a precise formulation of the charges, which shall be notified to the alleged infringer by certified letter sent to the address you have registered with the Superintendency, giving a period of fifteen days to formulate the disclaimers.

The formulation of charges will mark a clear and precise description of the facts deemed to constitute infringement and the date of verification; laws, regulations, bylaws and other rules which govern or instructions or opinions issued by the Superintendent in the exercise of its powers, and assigned punishment.

Received the disclaimers or passed the time period granted to do so, the Superintendent will examine the merit of the background, and may order the realization of expertise and inspections that are relevant and the reception of the other evidence which may be applicable.

Investigated facts and responsibilities of offenders may register through any means of proof permitted in law, which will be evaluated in accordance with the rules of sound criticism. "."

(33) replaced article 56 with the following: "article 56.-complied with the procedures set out in the previous article, the instructor of the sanctioning procedure will issue, within five working days, a founded opinion which will propose the acquittal or punishment which he thought appropriate to apply." Delivered the opinion, the instructor of the procedure will raise the background to the Superintendent, who shall decide within the period of 15 working days, dictating to the effect a resolution founded on which absolve the offender or apply the sanction, if any.

However, the Superintendent may order the realization of new proceedings or procedural defects correction, fixing a time limit for such effects. In this case you must give hearing to the person under investigation.

No person may be punished for acts which had not been the subject of charges. "."

((34) in article 57: to) replace paragraph first the figure "1000" by "15,000".

(b) Agreganse the following second and third subparagraphs new, passing its current subsection second to fourth: "the specific amount of the fine shall be determined founded appreciating the seriousness and consequences of the fact, the economic capacity of the offenders and if he has committed other infractions of any nature repeatedly." Means are repeated offences when committed two or more of them in the last 24 months.

In any case, counselors, directors, Vice Presidents and directors of institutions subject to the supervision of the Superintendency that have been punished according to the number 3 of article 28 of Decree-Law Nº 3.538, 1980, or apply fines for repeated infractions, may not be eligible for reappointment or chosen from the charges indicated above, for the period of five years counted from the date on which it takes effect the resolution applying the respective disciplinary measure , pursuant to article 59 of this law. ".".

((35) on article 58: to) replace paragraph first the word "ten" by "fifteen".

(b) delete the second paragraph.

(c) replace the third subparagraph, which happens to be second, by the following: "the claim will be processed into account and preference, following a report of the Superintendent of Social Security, which shall be sent within the period of six days. Expiry of this period, the Court will proceed to the hearing and will resolve without further formality. Against the decision handed down by the Court, shall not appeal. "."

(36) replaced in article 59 the word "transcribed" by "reported".

(37) replaced article 60 with the following: "article 60.-resolutions of the Superintendency applied a fine will have executive merit."

The amount of the fines imposed by the Superintendency will be a tax benefit, and must be paid into the General Treasury of the Republic, within a period of ten days from the date of notification of the respective decision, without prejudice to the provisions of article 58.

Payment of any fine applied in accordance to this law shall be accredited to the Superintendent, within ten days following the date on which this should be paid.

The collection of unpaid fines will be up to the General Treasury of the Republic, which for these purposes apply judicial and administrative procedures established by the tax code for the collection of delinquent taxes.

If the offender is a legal person, natural persons representing it legally or conventionally shall be subsidiarily responsible for payment of the fine.

The delay in the payment of any fine that applies the Superintendency, accrued interests set out in article 53 of the tax code. If the fine is not coming, and it had however been aware, the Superintendent or the Court in its case, shall order that it returned, duly restored, as pointing to articles 57 and 58 of the aforementioned code. "."

(38) repeal articles 61 and 65.

(39) replaced article 66 with the following: "(Artículo 66.-El patrimonio de la Superintendencia estará formado por: a) the contribution that covers annually in the budget law."

(b) resources provided by special laws.

(c) the furniture and property, body and incorporeal goods you transferred or purchase any title.

(d) the fruits of their property.

(e) the donations that will make you and inheritances and legacies that will accept, what you should do with benefit of inventory. Such donations and inherited assignments shall be exempt from all taxes and all liens or payment that affect them. Donations will not require the formality of innuendo.

(f) the income perceived by the service to pay.

(g) contributions from international cooperation received in any capacity.

(h) other resources laying down laws. "."