CL · Expiry & renewal tracking
Never leave a worksite without its health and safety delegate
Every workplace with 10 to 25 workers and no Joint Committee must elect an Occupational Safety and Health Delegate, whose term lasts up to two years from the date of election (DS 44 of 2024, Article 66). The election is held at a workers' meeting with minutes, and the employer must encourage and facilitate it.
Supreme Decree 44 of 2024, issued by the Ministry of Labour and Social Security, approved the new regulation on preventive management of occupational risks and repealed Supreme Decrees 40 and 54 of 1969 (second article of the decree). It entered into force on the first day of the sixth month after its publication on 27 July 2024 (first transitional article); LeyChile records it as in force from 1 February 2025. A Joint Health and Safety Committee is mandatory in every industry or worksite with more than 25 workers (Law 16.744, Article 66); for smaller workplaces, DS 44 created the role of Delegate.
In every workplace or worksite where between 10 and 25 workers are employed, and provided no Joint Committee is in operation, a representative must be elected to act as Occupational Safety and Health Delegate. The Delegate's role is to take part in implementing the preventive tool in Article 64 (policy, assessment with self-assessment tools, risk matrix and preventive work programme) and in the other activities set out in the regulation (DS 44, Article 66).
The Delegate's term lasts up to two years from the date of election. The election is held at a meeting of the workers employed at the workplace or worksite and minutes are drawn up that must comply, as far as applicable, with Article 33, first paragraph (features of the election, voters, votes received and list of those elected, signed by whoever chaired it). The employer must encourage the election and provide the facilities needed for it, and give the Delegate, as appropriate, the facilities set out in Article 37 (DS 44, Article 66).
At a glance
| Rule | Supreme Decree 44 of 2024, Ministry of Labour and Social Security, Article 66 |
|---|---|
| When required | Workplace or worksite with 10 to 25 workers and no Joint Committee in operation (DS 44, Article 66) |
| Term | Up to two years from the date of election (DS 44, Article 66) |
| How elected | Meeting of the workers at the workplace or worksite, with minutes (DS 44, Articles 66 and 33) |
| Role | Take part in implementing the Article 64 preventive tool and other activities under the regulation (DS 44, Article 66) |
| Employer's duty | Encourage and facilitate the election and give the Delegate the relevant Article 37 facilities (DS 44, Article 66) |
| More than 25 workers | Joint Health and Safety Committee (Law 16.744, Article 66) |
| Enforcement | Regional Health Secretariats and the Labour Directorate, within their powers (DS 44, Article 77) |
Article 66 sets a maximum ("up to two years"), not a fixed term; the date worth recording is the one that follows from the election minutes and, if they state no other, the day two years after the election.
Who is responsible?
The workers hold the election at a meeting, but the employer must encourage it and provide the facilities needed to hold it, and then give the Delegate the relevant Article 37 facilities, such as allowing them to accompany inspection visits and visits by the insurer's specialists and consulting them on significant changes to work processes (DS 44, Articles 37 and 66).
If the deadline passes
Inspection, enforcement and penalties for breaches of DS 44 at workplaces fall to the Regional Ministerial Health Secretariats and the Labour Directorate, within their legal powers, without prejudice to the powers of the Social Security Superintendency (DS 44, Article 77). If the Delegate's term ends without a new election, the workplace is left without the representative required by Article 66 for as long as it still has 10 to 25 workers and no Joint Committee in operation.
Delegate or Joint Committee, depending on size
A Delegate is elected only where 10 to 25 people work and no Joint Committee is in operation (DS 44, Article 66). If the worksite has more than 25 workers, a Joint Health and Safety Committee must be set up (Law 16.744, Article 66); its members serve two years, and it is covered in a separate guide.
Tracking it with ExpirySuite
- Add each workplace or worksite with a Delegate and record as the expiry date the end of the term under the election minutes, at most two years after the election.
- Email reminders arrive 60, 30, 14, 7 and 1 day before expiry and on the expiry day, leaving time to call the workers' meeting and facilitate the new election.
- The Delegate or the prevention officer can upload the minutes of the new election through a secure link that is valid for 14 days and needs no account.
- Assign a responsible person, such as the risk prevention or HR officer; if the term is overdue, managers get further reminders 3, 7 and 14 days later.
Frequently asked questions
- When must an Occupational Safety and Health Delegate be elected?
- In every workplace or worksite where between 10 and 25 workers are employed, provided no Joint Committee is in operation (DS 44, Article 66).
- How long does the Delegate serve?
- Up to two years from the date of election (DS 44, Article 66).
- How is the Delegate elected?
- At a meeting of the workers employed at the workplace or worksite, with minutes that comply, as far as applicable, with DS 44 Article 33, first paragraph (Article 66).
- What must the employer do?
- Encourage the election and provide the facilities needed for it, and give the Delegate, as appropriate, the facilities in DS 44 Article 37 (Article 66).
Sources
- Decreto 44 de 2024 (Ministerio del Trabajo y Previsión Social), reglamento sobre gestión preventiva de los riesgos laborales: artículos 33, 37, 64, 66 y 77, artículo segundo y artículo primero transitorio (LeyChile, BCN)
- Ley 16.744, sobre accidentes del trabajo y enfermedades profesionales: artículo 66 (LeyChile, BCN)
Last checked: Oct 11, 2026 · This page summarises official sources for general information and is not legal advice. Check the linked sources for current rules and fees.
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