CMNT_TITLE

Occupational Safety and Health Convention, 1981 (No. 155) - Mexico (RATIFICATION: 1984)

Other comments on C155

Observation

Direct Request

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Referring to its observation, the Committee requests the Government to supply information on the following points.

Articles 4 and 7 of the Convention. National policy and reviews, either overall or in respect of particular areas. Referring to its previous comments, the Committee notes the information supplied by the Government on the 2008 review of occupational safety and health conditions undertaken by the National Advisory Committee on Occupational Safety and Health (COCONASHT). The most recent information from the Government indicates that COCONASHT, at its penultimate session of 22 March 2011, reported on the degree of completion of its commitments, indicating for example that, as regards the implementation of the national information system on occupational accidents and diseases, the completion rate was 74 per cent. The Committee notes that this percentage does not enable any clear evaluation of the extent to which the abovementioned Articles of the Convention are applied. It also notes that the Government has not supplied the requested information relating to the sectoral tripartite bodies which participate in these reviews and the manner in which the sectoral reviews are harmonized so as to culminate in a coherent national policy. The Committee requests the Government to supply information on its national policy and the reviews concerning specific sectors which have been implemented or are due to be implemented pursuant to Article 7 of the Convention. In view of the Government’s statement that there is a high accident rate in the construction industry, the Committee requests the Government to supply information on the main problems in this sector and the measures taken or contemplated in consultation with the social partners.

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. Referring to its previous comments, the Committee notes the Government’s reiteration that its legislation is in conformity with the Convention. The Committee requests the Government to supply information on cases of the application of this Article in practice and also on the manner in which employers and workers have been informed of the protection provided by these Articles of the Convention.

Article 15. Coherence and coordination. Referring to its previous comments, the Committee notes the information supplied by the Government concerning the “Preliminary draft reform of the general inspection regulations and application of penalties for violations of labour legislation” is awaiting dispatch to the Federal Commission on Legislative Reform and the fact that approval thereof is subject to approval of the amendments to the Federal Labour Act. It also notes the Government’s statement that 16 coordination agreements have been signed with a view to strengthening the labour inspectorate and promoting occupational safety and health (OSH) in various states. The Committee requests the Government to continue to supply information on the preliminary draft regulations and the 16 agreements that have been signed, particularly as regards strengthening the labour inspectorate to give effect to the rights and obligations contained in the present Convention, including on facilities for closure in the event of imminent danger and also on the manner in which hazard prevention is ensured in every workplace.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. In its previous comments the Committee noted the Government’s indication that effect is not given to this Article in the legislation and that, in the event that various employers or enterprises co-exist or engage in activities at one workplace, each one is directly responsible for complying with OSH provisions. The Government indicated that it considers that, in common areas of the workplace where several employers are active, the latter must agree on the form in which they will comply with the applicable provisions. The Committee pointed out that this collaboration is precisely what the Convention regulates and that it is not an optional matter but an obligation under this Article. The Committee asked the Government to take the necessary steps to ensure that effect is given to this Article of the Convention and to ensure that, if necessary, the competent authorities prescribe general procedures for this collaboration, in accordance with Paragraph 11 of the Occupational Safety and Health Recommendation, 1981 (No. 164), and to supply information in this respect. The Committee notes with regret that the Government repeats similar information, stating that “it is considered” that in common areas employers must agree on the form of collaboration. The Committee repeats that this is an obligation laid down by the Convention and urges the Government to take the necessary measures to ensure that effect is given to this Article of the Convention and to supply information in this regard.

Part V of the report form. The Committee requests the Government to supply statistical information on occupational accidents and diseases, indicating the trends and the main problems encountered, in the various sectors of activity and regions.