Chile: diver’s death at Mowi farm could provide first test for new law
The death of a subcontracted diver at a Mowi salmon farm could become the first case examined under Chile’s new legislation governing professional diving work.
Damián Cristófer García Álvarez, 27, died on July 2 while carrying out underwater work at Mowi’s Bután 7 farming site near Puerto Aguirre in the Aysén region. He was employed by diving contractor Tridente Servicios Acuícolas.
The accident occurred one day after Chile’s Law 21.789, commonly called the Diver Law, entered into force.
Chilean senator Fidel Espinoza has requested information from the Labour Inspectorate and the regional health authority covering their investigations, any identified breaches and possible sanctions. He said the case could provide the first practical test of the legislation, in a statement reported on July 3 by G5 Noticias and Diario Palena.
Greater responsibility for salmon farmers
The legislation, published on January 20 and effective from July 1, establishes a dedicated employment contract for professional divers and introduces requirements covering supervision, safety staffing, equipment and electronic dive records.
It is particularly significant for salmon farming because it strengthens the obligations of companies commissioning work from diving contractors. Principal companies must supervise equipment and safety arrangements, maintain emergency procedures and ensure that contractors manage diving risks appropriately.
The law also creates potential joint liability for damages following the injury or death of a subcontracted diver. The investigation will determine whether those provisions apply in García’s case and whether the companies involved complied with their respective obligations.
His death followed another fatal accident involving a Tridente employee just 27 days earlier. Víctor Guerrero Barría, 39, died on June 5 while installing anchoring equipment at a site where Tridente was providing services to AquaChile, according to Ecoceanos.
The two salmon farmers were the commissioning companies rather than the divers’ direct employer. No determination of responsibility has been made in either case.
Chile’s salmon workers’ multisindical has called for stronger supervision of diving contractors and the creation of an industry-wide safety group involving regulators, producers, service companies and unions. It described fatal diving accidents as a structural problem requiring tighter oversight throughout the contracting chain.