Read the Final Statement published by the NCP the 31 August 2023: Spanish
On 13 May 2019, an individual worker submitted a specific instance to the Chilean NCP alleging that EDF Renewables Chile (a wholly owned subsidiary of the French utility EDF Group, specialising in renewable energy production) and MC Andes Power Chile SpA (the Chilean subsidiary of Marubeni Corporation, a Japanese integrated trading and investment business conglomerate), owners at the time of Helio Atacama Tres SpA, a Chilean-based renewable energy company, had not observed the General Policies (Chapter II), Human Rights (Chapter IV), Employment and Industrial Relations (Chapter V) and Environment (Chapter VI) provisions of the Guidelines. Specifically, the issues concerned the occupational injury sustained by the submitter while he worked for a company contracted by Helio Atacama Tres SpA. The submission alleged that the contracted company lacked sufficient emergency protocols, had inefficient management in addressing the accident, and had technical issues with support structures leading to safety risks and contributing to the accident.
On 11 August 2020, the NCP issued its initial assessment, accepting the case for further examination and offering good offices to the parties. The assessment clarified to the parties that the good offices would not include the request for financial compensation, or the request to inform supervisory bodies. The submitting party did not accept the offer of good offices.
On 31 August 2023, the NCP published a final statement, issuing the following recommendations to the enterprises:
- Maintain the highest standards of safety and health in the workplace, even when not formally required under Chilean regulations
- Strive to prevent and mitigate adverse impacts on the health and safety of workers, including through leverage in business relationships
- Implement a risk-based due diligence process in accordance with the Guidelines
- Encourage business partners to apply RBC standards and implement due diligence in accordance with the Guidelines.
The Chilean NCP considers the case closed with the publication of the final statement.