Supreme Decree 76: preventive management of subcontracting in Chile

DS 76 develops safety and health management for contracted or subcontracted works, operations and services within its scope.

In brief

Coordination, background records and the principal enterprise’s obligations.

Contents
  1. What DS 76 regulates
  2. Obligations requiring coordination
  3. Records and management system
  4. Information supporting coordination
  5. Simultaneous-service example
  6. Application with the general framework
  7. Related concepts
  8. References

A–Z dictionary →

What DS 76 regulates

Supreme Decree 76, enacted in 2006 and published in 2007, develops Article 66 bis of Law 16.744. It concerns works, operations and services within the business’s activity involving contractors and subcontractors. It aims to protect people working in those places regardless of their employer. It is not limited to construction and does not apply simply because of a commercial transaction with a supplier.

Obligations requiring coordination

The principal enterprise must organise the activities prescribed by the regulation, while each employer retains its individual obligations. Coordination does not mean transferring all responsibility to the principal enterprise or disregarding a contractor’s workers. The relationship must make activities, risks and measures known, particularly where an operation affects people employed by another enterprise.

Records and management system

The decree provides for an updated record of background information and, in the specified circumstances, an OSH management system for the works or operation. It also develops special regulations and site preventive structures. Thresholds and conditions must be reviewed in the text. Counting only one enterprise’s workforce may be incorrect when an obligation depends on all workers present.

Information supporting coordination

A schedule of activities, responsible people, assessments and shared instructions helps identify interactions. Information must be updated when tasks or enterprises change. Every measure should have an operational owner and a way to verify it. Requesting dozens of documents without reviewing their connection to the work can produce a complete archive while leaving an interaction uncontrolled.

Simultaneous-service example

At a hypothetical plant, maintenance coincides with vehicle movements by another contractor. Coordination must resolve access, sequencing, exclusion areas and change communication. A general training certificate for each team does not address those decisions. If the intervention time changes, check that the preventive agreement remains valid and reaches the shift that will perform the work.

Application with the general framework

DS 76 must be read alongside Law 16.744 and applicable preventive provisions, including updates to the general framework. Contractor management in OSH provides operational context without replacing Chilean requirements. Assistance from the administering body does not replace the employer’s obligations. Useful evidence shows how measures were agreed, communicated and verified, as well as identifying received documents.

References

  1. BCN: Decree 76. Official source
  2. SUSESO: obligations of employing entities. Official source

Editorial information

Publication date: 1 November 2026.

Editorial responsibility: Sabentis Editorial Team.

Author: Pablo RodríguezLinkedIn

Executive Vice President of the ORP International Foundation and Chief Financial Officer of Sabentis.

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