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Safety and Health in Construction Convention, 1988 (No. 167) - Mexico (RATIFICATION: 1990)

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In order to provide a comprehensive view of the issues related to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (Underground Work (Women)), 115 (Radiation Protection), 155 (OSH), 161 (Occupational Health Services), 167 (Safety and Health in Construction) and 170 (Chemicals) in a single comment.

The Committee notes the observations of the Regional Labour Confederation of Mexico (CROM) on the application of Convention No. 45 and of the International Trade Union Confederation (ITUC) on the application of Conventions Nos 155, 167 and 170 communicated with the Government’s report. The Committee also notes the observations of the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) on the application of Conventions Nos 45 and 155, communicated with the Government’s report.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes that, in their observations, the CONCAMIN and the ITUC respectively emphasize: (i) the recent government decision to use coal in electricity production with, as a possible consequence, increased interest in producing and exploiting this mineral and thus heightening the occupational safety and health risks associated with the operation of irregular coal mines (known as “pocitos”), especially in the State of Coahuila; and (ii) the absence of joint safety and health committees in workplaces during the COVID-19 pandemic. The Committee requests the Government to provide its comments in this regard.

Legislation. The Committee notes the information provided by the Government in its report on the adoption in 2018 of Mexican Official Standards NOM-036-1-STPS-2018 and NOM-035-STPS-2018 which deal respectively with ergonomic and psychosocial risk factors at work, as well as the recent incorporation into the Federal Labour Act (LFT) of Chapter XII BIS regarding telework, which contains specific OSH provisions (sections 330-B, subparagraph IV; 330-E, subparagraph IV, 330-F, subparagraph III; 330J and 330K, subparagraph I). The Committee further notes that the National Programme for Quality Infrastructure adopted in 2021, the Sectoral Labour and Social Welfare Programme 2020-2024, and the Inspection Programme of 2021, provided by the Government, all include strategies and action intended to update the OSH standards framework, under the responsibility of the Secretariat of Labour and Social Welfare. The Committee trusts that the revision of OSH standards mentioned by the Government will take account of its comments on Convention No. 155, regarding the application of ratified OSH Conventions, and all its other comments, with a view to conforming fully with the framework of OSH standards established by the said Conventions. The Committee requests the Government to provide information on all progress made in this regard.

Article 11(d) of the Convention. Conducting inquiries. The Committee notes the information provided by the Government in reply to its previous comments, on the powers of the labour inspectorate and of the national OSH tripartite consultative committee to carry out investigations and inquiries in respect of OSH, including for the purpose of reducing risks in workplaces. With reference to its comments on the application of Articles 4 and 7 of the Convention (review of the national policy and situation in respect of occupational safety and health of workers and the work environment), The Committee requests the Government to provide information, on the inquiries conducted following occupational accidents, cases of occupational diseases or any other injuries to health which arise in the course of or in connection with work and which appear to reflect situations that are serious, and to the extent possible disaggregated by years and sectors.

Article 17. Two or more employers engaging in activities simultaneously at one workplace. The Committee takes note of the Government’s communication regarding the repeal in 2021 of section 15-C of the LFT. The repealed section provided that the enterprise awarding the contract must continually ensure that the contractor providing the services fulfils the applicable OSH provisions with regard to its workers. The Committee notes, according to the information provided by the Government, this repeal took place within the framework of a reform of the LFT adopted in 2021, which aimed to prohibit the subcontracting of personnel, except in the case of specialized activities. Following the repeal of section 15-C of the LFT, the Committee requests the Government to indicate the legal provisions, or other measures, that continue to oblige enterprises that engage in activities simultaneously at one workplace to collaborate in the application of the measures provided under the Convention. Should such provisions not exist, the Committee requests that the Government adopts, within the framework of the revision of OSH standards, measures to give effect to the provisions of Article 17 of the Convention.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 3(1) and (2) of the Convention. Progressive establishment of occupational health services for all workers. The Committee once again requests the Government to provide information on the establishment in practice of preventive occupational safety and health services provided under Mexican Official Standard NOM-030-STPS-2009, in particular indicating the sectors or enterprises in which they already exist and operate, and those in which they need to be created (in the latter case, indicate the plans drawn up for the establishment of such services in consultation with the most representative organizations of employers and workers, where they exist).

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Articles 3(1), 6(2) and 7(1) of the Convention. Appropriate steps to ensure the protection of workers in the light of knowledge available at the time. Revision of maximum permissible doses of ionizing radiations. With reference to its earlier comments on the revision of the maximum permissible doses of ionizing radiations provided under the General Radiological Safety Regulations of 1988, in particular with regard to radiation to the lens of the eye, the Committee notes that the Government refers to the maximum doses set out in Mexican Official Standard NOM-041-NUCL-2013, which fixes annual limits to doses equivalent to 50 mSv and to 500 mSv for an organ or tissue (section 4.9). The Committee also notes that the Government is planning to amend the abovementioned standard through the adoption of draft Mexican Official Standard PROY-NOM-041-NUCL-2021, on annual limits of incorporation and concentrations derived in the air, section 3.7 of which refers to an annual limit equivalent to 150 mSv for the lens of the eye. The Committee observes that neither the standard to which the Government refers, nor the draft amendment, contain limits of doses to the lens of the eye applicable in light of new knowledge, nor do they refer to the limits to doses applicable to interns aged between 16 to 18 years who, in the course of their training, may be exposed to radiations. With reference to paragraphs 32 and 34 of its general observation of 2015 on the application of the Convention, the Committee requests the Government, within the framework of its revision of OSH standards, to adopt without delay measures to ensure that: (i) the dose limit to the lens of the eye is fixed at 20 mSv per year, averaged over defined five-year periods, with no single year exceeding 50 mSv per year; and (ii) with regard to interns aged 16 to 18 years of age, the effective dose limits are fixed at 6 mSv in a year, as well as the equivalent dose of 20 mSv in a year to the lens of the eye and150 mSv in a year to the extremities (hands and feet) or to the skin.

2. Chemicals Convention, 1990 (No. 170)

The Committee notes that the ITUC refers in its observations to the extensive use of hazardous substances for the health of workers engaged in mining, metal and steel working, as well as in fertilizer production. The Committee requests the Government to provide its comments in this regard.

The Committee notes the information provided by the Government on the application of the Convention in practice.

Article 4 of the Convention. Coherent national policy on safety in the use of chemicals. With reference to its earlier comments on the incorporation of the issues governed by the Convention into OSH policies developed at the state and federal levels, the Committee notes the information provided by the Government on the standards applicable to the use of chemical substances at work at national level, with particular emphasis on those that are hazardous or pollutant, as well as the adoption of a coherent national policy for the management of chemical substances, the purpose of which is to implement an appropriate and comprehensive system for handling chemical substances and products, guaranteeing rigorous protection for the health of the population and the environment from the risks associated with exposure thereto. The Committee requests the Government to provide a copy of the coherent national policy for the management of chemical substances, together with information on its implementation, describing the manner in which the most representative organizations of employers and workers have been consulted in the formulation and implementation of the said policy and the manner in which they will be consulted on its periodic review.

The Committee further notes that the Government refers to the adoption of draft Mexican Official Standard PROY-NOM-005-STPS-2017, on handling hazardous chemicals or mixtures at the workplace – safety and health conditions and procedures, amending and updating the provisions on these issues established in Mexican Official Standard NOM-005-STPS-1998 currently in force. The Committee requests the Government to provide information on all progress made in this regard.

Article 5. Prohibition and restriction on the use of hazardous chemicals or advance notification and authorisation before their use. With reference to its earlier comments as to whether there exist mechanisms to give effect to this article of the Convention, the Committee notes that the Government: (i) provides a list of pesticides the importation, production, formulation and marketing of which has been prohibited and restricted by decree in the country; (ii) indicates that it is taking action to prohibit and restrict the substances listed in the Stockholm Convention on Persistent Organic Pollutants, including the adoption of amendments to the legislation governing general import and export duty, for the purpose of prohibiting the importation of certain substances. The Committee requests the Government to list other hazardous chemicals the use of which has been prohibited or restricted, as well as the hazardous chemicals that require advance notification or authorization, specifying the competent authority in this regard.

Article 6. Systems for the classification of all chemicals. The Committee notes the Government’s indication that it intends to establish a national registry of chemicals to ensure appropriate handling, evaluation, authorization, restriction of use and disposal of hazardous substances. The Committee requests the Government to provide information on the constitution, functioning and scope of the national registry of chemicals and, if applicable, a description of the manner in which the establishment of the registry gives effect to Article 6 of the Convention.

Article 10(3) and (4). Responsibilities of employers: use of chemicals that are classified or identified and labelled or marked and maintenance of a record of hazardous chemicals used. With regard to its earlier comments on the legislation giving effect to these Articles of the Convention, the Committee notes that the Government refers, inter alia, to Mexican Official Standard NOM-018-STPS-2015, which provides for a harmonized identification and communication system for hazards and risks related to chemicals in workplaces, and which repeals Mexican Official Standard NOM-018-STPS-2000, which regulated the same areas. The Committee notes that Mexican Official Standard NOM-018-STPS-2015 provides that employers shall: (i) mark all storage units, containers, racks or storage areas where hazardous chemicals and mixtures are stocked, according to specific rules on marking (sections 6.5 and 10); and (ii) keep an updated list of the hazardous chemicals and mixtures that are handled in the workplace, which must at least include the marking and labelling of such substances (section 8.1). The Committee requests the Government to indicate the measures adopted to ensure that the list of hazardous chemicals and mixtures which must be kept by employers under section 8.1 of Mexican Official Standard NOM-018-STPS-2015, includes references to appropriate chemical data safety sheets referred to in Article 8 of the Convention, and that the list is available to the workers and their representatives.

Article 18(1) and (2). Rights of workers to remove themselves when they have reasonable justification to believe there is an imminent and serious risk to their safety and health. Protection of workers against undue consequences of such removal. With regard to its earlier comments concerning the lack of legal provisions giving effect to these articles of the Convention, the Committee notes that the Government refers only generally to the adoption of the aforementioned draft Mexican Official Standard PROY-NOM-005-STPS-2017, on handling hazardous chemicals or mixtures at the workplace – safety and health conditions and procedures. The Committee again requests the Government to adopt the necessary measures without delay, including in the framework of the adoption of draft Mexican Official Standard PROY-NOM-005-STPS-2017, to guarantee workers the right to: (i) remove themselves from any danger arising from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health; and (ii) to be protected against undue consequences of such removal. The Committee requests the Government to refer to its comments in its observation regarding the application of Article 13 (protection of workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger) of Convention No. 155.

C. Protection in specific areas of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes that the CROM, in its observations, indicates that in practice refusal to hire women to work in mines is discussed, and in most cases the decision is taken to hire men. The Committee also notes that the CONCAMIN recommends, in its observations, that the Government denounce the Convention.

The Committee recalls that the Governing Body of the ILO (at its 334th Session, October-November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take the necessary follow-up action to actively promote ratification of updated OSH instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to examine the possibility of ratifying the more updated instruments in this thematic area. The Committee reminds the Government that it may avail itself of technical assistance from the Office in relation to this process.

2. Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in response to its earlier comments on Articles 16(2) (vehicles and earth-moving or materials-handling equipment, safe and suitable access ways and traffic control). Article 19(a), (b), (d) and (e). (Adequate precautions in excavations, shafts, earthworks, underground works and tunnels) and Article 21(2) (Physical aptitude necessary of persons who work in compressed air) of the Convention.

The Committee notes that, in its observations, the ITUC emphasizes that the obligation under the LFT to establish joint safety and health committees is not fulfilled in the majority of workplaces and is concerned at the incapacity of the labour inspection to cover the wide area imposed by construction work. The Committee requests the Government to provide its comments in this regard.

Article 8(2) of the Convention. Cooperation between employers or self-employed persons undertaking activities simultaneously at one construction site. With regard to its previous comments on the manner in which effect is given to this Article of the Convention, the Committee notes that the Government mentions various provisions related to the obligation for employers and workers to cooperate in OSH matters (in particular with regard to the joint safety and health committees that must be established on construction sites), that are contained in Mexican Official Standard NOM-031-STPS-2011 on construction and occupational safety and health. The Committee notes, however, that the Government does not refer to provisions contained in Mexican Official Standard NOM-031-STPS-2011, or in any other standard, that provide for cooperation in OSH between employers (or between self-employed persons) undertaking activities simultaneously at one construction site. The Committee requests the Government, including in the framework of the revision of the OSH standards, to adopt measures without delay to ensure that employers (or self-employed persons) carrying out activities simultaneously at the same construction site are obliged to cooperate in the application of the OSH measures defined in the national legislation. The Committee requests the Government to refer to its comments formulated in respect of the application of Article 17 (collaboration between two or more employers engaging in activities simultaneously at one workplace) of Convention No. 155.

Article 9. Obligation of those concerned with the design and planning of a construction site to take into account the safety and health of the workers. With regard to its earlier comments relative to the adoption of measures giving effect to this Article of the Convention, the Committee notes that the Government refers to provisions in the aforementioned Mexican Official Standard NOM-0312-STPS-2011, which only contain definitions of the contractor, constructor, construction manager and sub-contractor, and do not provide for the obligation of those responsible for the design and planning of a construction site to take into account the safety and health of workers. The Committee requests the Government to specify if, according to national practice, those responsible for the design and planning of a construction site are obliged to take account of the safety and health of the construction workers. The Committee encourages the Government, within the framework of the revision of OSH standards to examine the adoption of measures to ensure that the legislation adopted includes the abovementioned obligation.

Article 12. Right of workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health. Obligation of the employer to take immediate steps to stop the operation. With regard to its earlier comments regarding the adoption of measures to give effect to this Article of the Convention, the Committee notes the Government’s indication according to which sections 343-C (obligations of mining-sector employers) and 343-D (instances where mineworkers may refuse to provide services) could be extended to cover the construction sector under section 17 of the LFT, which provides that, where the Act or its regulations, or other standards, do not include express provisions, the provisions of the LFT regulating similar cases shall be taken into consideration. The Committee also notes that the ITUC indicates in its observations that the LFT contains no provision similar to Article 12 of the Convention and that sections 343-C and 343-D of the Act do not refer to construction workers but to mine workers, who represent a minority comparted to the total number of workers. Noting that the abovementioned provisions of the LFT do not give effect to Article 12 of the Convention, the Committee requests the Government to adopt the necessary measures without delay to: (i) ensure that the legislation makes provision for and establishes the right of all workers to whom the present Convention is applicable to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health; and (ii) to give effect to the obligation of employers to take immediate steps to stop the operation and, if necessary, evacuate workers where there is an imminent danger to their safety. The Committee requests the Government to refer to the comments it has formulated in its observation on the application of Article 13 (protection of workers that remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger) of Convention No. 155.

Article 20(1). Good construction of cofferdams and caissons. Article 22. Design and construction of structural frames and formwork to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure. Article 23. Work done over or in close proximity to water. With regard to its earlier comments on the manner in which the legislation gives effect to these Articles of the Convention, the Committee notes the Government’s indication that the national legal system does not contain specific provisions referring to the good construction of cofferdams and caissons. The Committee requests the Government to provide information on the manner in which the application of the following Articles of the Convention is guaranteed in practice: Article 20(1) (on good construction of cofferdams and caissons), Article 22 (on the design and construction of structural frames and formwork to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure), Article 23 ( on work done over or in close proximity to water).

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Legislation. With reference to its previous comments, the Committee notes the information contained in the Government’s report on the adoption of the Official Mexican Standard NOM-031-STPS-2011: construction and occupational safety and health published on 4 May 2011, the objective of which is to establish the occupational safety and health (OSH) conditions in construction works and to give effect to Articles 16(2) and 19(a), (b), (d) and (e) of the Convention.

Article 8(2). Effective cooperation regarding safety and health when two or more employers undertake activities simultaneously at one construction site. The Committee notes that section 5 of NOM-031-STPS-2011 establishes the general requirements of the employer relating to OSH in construction. However, they do not appear to include the obligation of employers or self-employed workers to cooperate in the application of OSH requirements in the national legislation. The Committee recalls that cooperation is aimed at prevention and is essential to maintain an adequate level of occupational safety and health in construction work, a sector in which diverse subcontracting enterprises of different size and different tasks are present. The Committee requests the Government to provide information in this regard, including an explanation as to the manner in which NOM-031-STPS-2011 establishes the obligation of employers and self-employed workers to cooperate in the application of OSH requirements and to provide information on the application of this obligation in practice.

Article 9. Safety and health of workers in the design and planning of a construction project. The Committee notes the information provided by the Government in its report, particularly on sections 5 and 8 of NOM 031 STPS 2011. The Committee notes that the new standard in the area of OSH in the construction sector provide that the employer shall, inter alia, categorize the size of the works, describe the activities to be carried out and the potential risk to the workers, and draw up a list of safety measures to adopt before and during the implementation of the construction project. The Committee notes that the definition of employer in section 4.12 of NOM-031-STPS-2011 refers only to natural or legal persons responsible for carrying out projects, while Article 9 of the Convention refers to persons responsible for the design and planning of construction projects. Taking into account that the design, planning and implementation of construction works are activities which can be carried out by various persons, the Committee requests the Government to provide further information on the manner in which the new Standard is applicable to the persons responsible for the design and planning of construction works, in accordance with the provisions of this Article. Furthermore, the Committee requests the Government to provide further information on the application of this Article of the Convention in practice.

Article 12. Right of workers to remove themselves from danger entailing an imminent and serious risk to safety or health, and obligation of the employer to take immediate steps to stop operations. The Committee notes the Government’s indication in its report that sections 343-C and 343-D of the Federal Labour Act (LFT) as amended on 30 November 2012, provide for protection of workers in case of imminent risk. The Committee notes that these sections of the LFT come under Chapter XIIIbis entitled “mine workers”, which indicates that this chapter targets a specific sector and does not apply to all the workers covered by the Convention. The Committee therefore requests the Government to adopt the necessary measures to give effect to this Article of the Convention with respect to all workers covered by the Convention and to provide information in this regard.

Article 16(2). Vehicles and earth-moving or materials-handling equipment, safe and suitable access ways and traffic control (Article 19(a), (b), (d) and (e)). Excavations, shafts, earthworks, underground works and tunnels. With regard to its previous comments, the Committee notes the information in the Government’s report that the objective of Standard No. NOM-031-STPS-2011 is to establish occupational safety and health conditions in construction work and give effect to the abovementioned Articles of the Convention. The Committee requests the Government to continue to provide information on the application of these Articles in practice.

Article 20(1). Good construction of cofferdams and caissons. Article 22. Design and construction of structural frames and form work to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure. Article 23. Work done over or in close proximity to water. The Committee notes that NOM-031-STPS-2011 contains no specific provisions to implement these Articles of the Convention. Section 5 of the Standard nevertheless provides for general obligations of employers, such as the obligation to revise and carry out preventive maintenance of equipment and machinery. The Committee requests the Government to provide further information on the manner in which NOM-031-STPS-2011 of other legislative provisions give effect in practice to the present Articles of the Convention.

Article 21(2). Physical aptitude necessary of persons who work in compressed air. The Committee notes that there is no indication in the information provided by the Government that work in compressed air should be carried out only by workers whose physical aptitude has been established by a medical examination, in accordance with the provisions in the present Article. The Committee requests the Government to provide information in this regard.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition
Article 8(2) of the Convention. Measures to ensure cooperation between employers and workers undertaking activities simultaneously at one site; Article 20(1). Good construction of cofferdams and caissons; Article 22. Design and construction of structural frames and form work to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure; and Article 23. Work done over or in close proximity to water. In its previous comments the Committee noted that the provisions referred to by the Government do not give legislative effect to the aforementioned Articles and that an official Mexican standard was being drawn up which would include the regulation of the subjects mentioned in these Articles. The Committee notes that, according to the report on the 2008 National Standardization Programme, the estimated date for completion of the draft standard referred to above was December 2009. The Committee requests the Government to continue to supply information on any progress made on the draft of the official Mexican standard and to take the necessary steps pending its adoption to ensure the application of these Articles of the Convention and to supply detailed information in this respect.
Article 9. Safety and health of workers in the design and planning of a construction project. The Committee notes that, according to the report, a forum was held in 2006 concerning good working practices in the construction industry. This gave rise to a publication, concluded in October 2007, which included safety and health guidelines in the design and contracting of works, safety and health planning and administration, and general and specific working procedures. While noting these promotional measures, the Committee points out that it is necessary to adopt measures which ensure the application of the provisions of the Convention and not merely the promotion of them. The Committee therefore urges the Government to take the necessary steps to ensure that the persons responsible for the design and planning of a construction project take account of the safety and health of construction workers and requests it to supply detailed information in this respect, both on the manner in which the application of this provision is ensured and on its application in practice.
Article 12. Right of workers to remove themselves from danger entailing an imminent and serious risk to safety or health, and obligation of the employer to take immediate steps to stop operations. In its previous comments the Committee expressed the hope that, in order to bridge the existing legislative gap, the Government would adopt a law or regulations explicitly providing for the right of workers to remove themselves from serious danger to their safety and imposing an obligation on employers to stop operations and, if necessary, evacuate the workers. The Committee notes that, on this point, the Government merely states that there is no existing proposal for amending the Federal Safety, Health and Working Environment Regulations. The Committee refers to its direct request of 2010 relating to the application of the Chemicals Convention, 1990 (No. 170), in which it states, inter alia, with reference to the application of Article 18 of that Convention, that workers, as a result of their presence in a specific setting, may perceive dangers that may go unnoticed outside that setting and therefore should have the right to remove themselves if necessary. The Committee therefore requests the Government to take all necessary steps to ensure the recognition and protection of this right in practice and also to impose the duty on the employer to take immediate steps to stop operations, and requests the Government to supply information in this respect.
Article 16(2). Safe and suitable access ways and control of traffic to ensure the safe operation of vehicles and earth-moving or materials-handling equipment. In its previous comments the Committee pointed out that the standard indicated by the Government (NOM-004-STPS.1994) does not contain any provisions relating to safe and suitable access for the use of vehicles and equipment, or to the organization and control of traffic in relation to such vehicles and equipment, and it asked the Government to indicate the measures contemplated to give effect to this provision of the Convention. The Committee notes that, according to the report, these matters are dealt with in the document entitled “Safe practices in the construction industry”, and in particular chapter 4 on specific working procedures, which the Government mentioned in the information supplied in relation to Article 9 of the Convention. As already stated in its previous comments on that Article, the Committee repeats that, while noting these promotional measures, it is necessary for measures to be adopted which ensure the application of the provisions of the Convention rather than merely promote them. The Committee therefore requests the Government to take the necessary steps to ensure the application of Article 16(2) and supply detailed information in this respect, including on its application in practice.
Article 19(a), (b), (d) and (e). Adequate precautions to guard against danger to workers from a fall or dislodgement of earth, the fall of persons, materials or objects, consequences of fire or an inrush of water or material, and underground dangers; and Article 21(2). Physical aptitude required for work in compressed air. While noting the Government’s general reference to Part I of its report, in which all the official Mexican standards in force are listed, the Committee draws the Government’s attention to the fact that this general reference does not constitute a reply to its request. The Committee therefore again requests the Government to supply information on the manner in which effect is given, in law and in practice, to these provisions of the Convention.
Part VI of the report form. Application in practice. The Committee notes that the Government’s report includes comments from the Confederation of Workers of Mexico and considers that the Confederation is complying with the requirements of the Convention, listing the titles of the official Mexican standards which, in its opinion, give effect to the Convention. It also notes the detailed information from the Government on the various orders of competence in the Mexican legal system, including in relation to labour inspection. As regards labour inspection, the Committee notes that the Federal Labour Inspectorate held various meetings in 2009 with the Mexican Construction Industry Board for the purposes of inspection operations concerning safety, health and training in enterprises in the industry. The purpose of the work was to define procedures for the inspections planned for the second half of 2009. One of the main agreements achieved entails the employers’ association providing the competent authority with an up-to-date directory of its members, in which the domicile and workplaces currently in operation are listed. Coordination between the authority and the employers also has the objective of laying down a commitment to provide information on inspections and keep affiliated enterprises informed in order to dispel any doubts. These meetings go under the title of “Technical sessions on inspection procedures relating to general safety and health conditions and on training in the construction industry”. The Committee requests the Government to continue to supply information on the application of the Convention in practice, including the results of the inspections referred to above, the most frequent types of occupational accidents and diseases according to those inspections, and the measures taken or contemplated for dealing with them.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 8(2) of the Convention. Measures to ensure cooperation between employers and workers undertaking activities simultaneously at one site; Article 20(1). Good construction of cofferdams and caissons; Article 22. Design and construction of structural frames and form work to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure; and Article 23. Work done over or in close proximity to water. In its previous comments the Committee noted that the provisions referred to by the Government do not give legislative effect to the aforementioned Articles and that an official Mexican standard was being drawn up which would include the regulation of the subjects mentioned in these Articles. The Committee notes that, according to the report on the 2008 National Standardization Programme, the estimated date for completion of the draft standard referred to above was December 2009. The Committee requests the Government to continue to supply information on any progress made on the draft of the official Mexican standard and to take the necessary steps pending its adoption to ensure the application of these Articles of the Convention and to supply detailed information in this respect.

Article 9. Safety and health of workers in the design and planning of a construction project. The Committee notes that, according to the report, a forum was held in 2006 concerning good working practices in the construction industry. This gave rise to a publication, concluded in October 2007, which included safety and health guidelines in the design and contracting of works, safety and health planning and administration, and general and specific working procedures. While noting these promotional measures, the Committee points out that it is necessary to adopt measures which ensure the application of the provisions of the Convention and not merely the promotion of them. The Committee therefore urges the Government to take the necessary steps to ensure that the persons responsible for the design and planning of a construction project take account of the safety and health of construction workers and requests it to supply detailed information in this respect, both on the manner in which the application of this provision is ensured and on its application in practice.

Article 12. Right of workers to remove themselves from danger entailing an imminent and serious risk to safety or health, and obligation of the employer to take immediate steps to stop operations. In its previous comments the Committee expressed the hope that, in order to bridge the existing legislative gap, the Government would adopt a law or regulations explicitly providing for the right of workers to remove themselves from serious danger to their safety and imposing an obligation on employers to stop operations and, if necessary, evacuate the workers. The Committee notes that, on this point, the Government merely states that there is no existing proposal for amending the Federal Safety, Health and Working Environment Regulations. The Committee refers to its direct request of 2010 relating to the application of the Chemicals Convention, 1990 (No. 170), in which it states, inter alia, with reference to the application of Article 18 of that Convention, that workers, as a result of their presence in a specific setting, may perceive dangers that may go unnoticed outside that setting and therefore should have the right to remove themselves if necessary. The Committee therefore requests the Government to take all necessary steps to ensure the recognition and protection of this right in practice and also to impose the duty on the employer to take immediate steps to stop operations, and requests the Government to supply information in this respect.

Article 16(2). Safe and suitable access ways and control of traffic to ensure the safe operation of vehicles and earth-moving or materials-handling equipment. In its previous comments the Committee pointed out that the standard indicated by the Government (NOM-004-STPS.1994) does not contain any provisions relating to safe and suitable access for the use of vehicles and equipment, or to the organization and control of traffic in relation to such vehicles and equipment, and it asked the Government to indicate the measures contemplated to give effect to this provision of the Convention. The Committee notes that, according to the report, these matters are dealt with in the document entitled “Safe practices in the construction industry”, and in particular chapter 4 on specific working procedures, which the Government mentioned in the information supplied in relation to Article 9 of the Convention. As already stated in its previous comments on that Article, the Committee repeats that, while noting these promotional measures, it is necessary for measures to be adopted which ensure the application of the provisions of the Convention rather than merely promote them. The Committee therefore requests the Government to take the necessary steps to ensure the application of Article 16(2) and supply detailed information in this respect, including on its application in practice.

Article 19(a), (b), (d) and (e). Adequate precautions to guard against danger to workers from a fall or dislodgement of earth, the fall of persons, materials or objects, consequences of fire or an inrush of water or material, and underground dangers; and Article 21(2). Physical aptitude required for work in compressed air. While noting the Government’s general reference to Part I of its report, in which all the official Mexican standards in force are listed, the Committee draws the Government’s attention to the fact that this general reference does not constitute a reply to its request. The Committee therefore again requests the Government to supply information on the manner in which effect is given, in law and in practice, to these provisions of the Convention.

Part VI of the report form. Application in practice. The Committee notes that the Government’s report includes comments from the Confederation of Workers of Mexico and considers that the Confederation is complying with the requirements of the Convention, listing the titles of the official Mexican standards which, in its opinion, give effect to the Convention. It also notes the detailed information from the Government on the various orders of competence in the Mexican legal system, including in relation to labour inspection. As regards labour inspection, the Committee notes that the Federal Labour Inspectorate held various meetings in 2009 with the Mexican Construction Industry Board for the purposes of inspection operations concerning safety, health and training in enterprises in the industry. The purpose of the work was to define procedures for the inspections planned for the second half of 2009. One of the main agreements achieved entails the employers’ association providing the competent authority with an up-to-date directory of its members, in which the domicile and workplaces currently in operation are listed. Coordination between the authority and the employers also has the objective of laying down a commitment to provide information on inspections and keep affiliated enterprises informed in order to dispel any doubts. These meetings go under the title of “Technical sessions on inspection procedures relating to general safety and health conditions and on training in the construction industry”. The Committee requests the Government to continue to supply information on the application of the Convention in practice, including the results of the inspections referred to above, the most frequent types of occupational accidents and diseases according to those inspections, and the measures taken or contemplated for dealing with them.

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The Committee notes the information provided by the Government in its reports. It notes with interest the information on the measures adopted to give effect to the provisions of Articles 4, 13, paragraph 2, 16, paragraph 1(c), 30, paragraph 1, and 32, paragraph 2, of the Convention.

1. Article 8, paragraph 2 (measures to ensure cooperation between employers and workers undertaking activities simultaneously at one site), Article 20, paragraph 1 (good construction of cofferdams and caissons), Article 22 (design and construction of structural frames and formwork to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure) and Article 23 (work done over or in close proximity to water). The Committee notes that the Secretariat for Labour and Social Insurance (STPS) was conducting, with the support of the Inter-American Development Bank, a study of the construction industry with the participation of the Mexican Chamber of the Construction Industry. The Mexican Chamber is reported to be responsible for the formulation of a draft official Mexican standard on health and safety in construction, which would include provisions on the matters covered by the above Articles. The Committee requests the Government to indicate whether this standard has been adopted and, if so, to provide a copy.

2. Article 9 (safety and health of workers in the design and planning of a construction project). With reference to its previous comments, the Committee requests the Government to indicate the measures envisaged or adopted to ensure that the persons responsible for the design and planning of a construction project are under the obligation to take into account the safety and health of the workers.

3. Article 12 (right of all workers to remove themselves from danger involving an imminent and serious danger to their safety and health, and the obligation of the employer to take immediate steps to stop the operation). The Committee notes the Government’s reference to section 18 of the Federal Safety, Health and Working Environment Regulations, which establish the obligation of workers to notify immediately the employer and the health and safety committee in the enterprise or establishment in which they are engaged of unsafe conditions or acts which come to their notice. This obligation of workers implicitly includes their right to remove themselves from danger which they consider to be serious for their health and safety. The Committee hopes that, in order to dispel any ambiguity, the Government, on the occasion of its forthcoming revision of the legislation, will adopt an explicit provision guaranteeing the rights and obligations set forth in paragraph 1 of the Convention. It further notes that no provision specifically establishes the obligation of the employer to stop the operation and evacuate workers where so warranted by a situation of danger. It notes in this connection the reference to section 250 of the Building Regulations of the Federal District, which establishes certain duties for the protection of the life and safety of workers. The Committee hopes that, with a view to resolving the current shortcomings, the Government will adopt a law or regulations explicitly providing for the right of workers to remove themselves from serious danger to their safety and the obligation of employers to stop the operation and, where necessary, evacuate the workers.

4. Article 16, paragraph 2 (safe and suitable access ways and the controlling of traffic so as to secure the safe operation of vehicles, earth-moving or materials-handling equipment). The Committee notes the Government’s reference to Standard NOM-004-STPS-1994 on protection systems and guards on machinery, equipment and accessories in work centres. It observes that this text does not contain provisions relating to safe and suitable access for the use of vehicles and equipment, nor on the organization and control of traffic in relation to such vehicles and equipment. It requests the Government to indicate the measures envisaged to give effect to this provision of the Convention.

5. Article 19(a), (b), (d), (e) (adequate precautions to guard against danger to workers from a fall or dislodgement of earth, the fall of persons, materials or objects, the consequences of fire or an inrush of water or material, and underground dangers) and Article 21, paragraph 2 (physical aptitude required for work in compressed air). The Committee notes the Government’s reference to official standards which are currently being formulated and which will give effect to the above Articles and will contain provisions in accordance with the Federal Safety, Health and Working Environment Regulations. The Committee requests the Government to indicate whether such standards have been adopted and, if so, to provide a copy.

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The Committee notes with interest the detailed information provided by the Government in its report and the comments made by the Confederation of Workers of Mexico and the Confederation of Chambers of Industry of the United States of Mexico.

The Committee would be grateful if the Government would provide further information on the following points.

Article 4 of the Convention. The Committee notes from the information provided by the Government in its report that a draft text to revise the General Occupational Safety and Health Regulations is being prepared and that it is planned to include specific provisions respecting occupational safety and health in construction. The Committee requests the Government to supply a copy of the revised text of the above regulations when they have been adopted.

Article 8, paragraph 2. Following its examination of the information supplied by the Government in its report on the provisions of the national legislation respecting cooperation between employers and workers to promote safety and health on construction sites, the Committee observes that none of these provisions directly or indirectly establish the obligation of employers and self-employed persons who are undertaking activities simultaneously at one constructive site to cooperate in the application of the prescribed safety and health measures. The Committee requests the Government to indicate in its next report the measures which have been taken or are envisaged to ensure such cooperation between employers and self-employed persons who undertake activities simultaneously at one construction site.

Article 9. The Committee notes the detailed information provided by the Government in its report on the requirements established in the Federal Construction Regulations of 14 July 1993 respecting the design of buildings before the building permit is obtained, including the health and safety conditions in new buildings. The Committee notes that no provision in the above Regulations relates to the examination of construction projects from the point of view of the safety and health of the workers. In its report, the Government states that such an examination does not in fact take place. The Committee requests the Government to indicate the measures which are envisaged or which have already been adopted to ensure that the persons responsible for the design and planning of a construction project take into account the safety and health of the construction workers.

Article 12, paragraphs 1 and 2. The Committee notes from the information supplied in the Government's report that the internal safety and health rules of construction enterprises deal with the case of workers who have good reason to believe that there is an imminent and serious danger to their safety or health and that there is no legal provision respecting the right of all workers to remove themselves from danger. The Committee notes that, in accordance with the Convention, this right has to be established by national laws or regulations. It requests the Government to indicate any measures which have been taken or are envisaged to include in national laws or regulations the right of workers to remove themselves from serious danger to their safety or health and their duty to inform their supervisor, as well as the obligation of the employer to stop the operation and evacuate workers as appropriate.

Article 13, paragraph 2. The Committee notes the Government's reference to section 192 of the Federal Construction Regulations as a basis for measures guaranteeing that the means of access to and egress from all workplaces are safe. The Committee notes that the provision in question only deals with the tests that have to be carried out on structures or parts thereof used in the construction of buildings. It once again requests the Government to indicate any measures that have been taken to guarantee that means of access to and egress from all workplaces are safe.

Article 16, paragraph 2. The Committee notes the provisions referred to by the Government in its report, as well as the reference to safety rule NOM-S-15 and the preliminary draft text of rule NOM-027-STPS-1993 as the basic texts for the organization and control of the movement of vehicles, earth-moving or materials-handling equipment on all construction sites on which they are used. The Committee notes that none of the provisions referred in the report deal with the obligation to provide safe and suitable access ways for the above vehicles and equipment, nor on the organization and control of the movement of these vehicles and equipment. The Committee once again requests the Government to indicate any measure that has been taken or is envisaged to ensure that, on all construction sites on which vehicles, earth-moving or materials-handling equipment are used, safe and suitable access ways are provided for them. It also requests the Government to provide a copy of rule NOM-S-15 and of the rule NOM-027-STPS when it is adopted.

Article 19. The Committee notes the numerous references made by the Government to the texts of technical rules. It requests the Government to supply a copy with its next report of any text giving effect to the provisions of Article 19 of the Convention on excavations, shafts, earthworks, underground works and tunnels, including the following texts: rule 3.01.02 on the movement of earth; rule 3.01.02.015 on underground excavation; the rule on the construction of edgings and terraces; rule 3.093.04.118 respecting inspection shafts and registration; instructions Nos. 1 and 16 respecting, among other matters, issues related to personal protective equipment and ventilation.

Article 20, paragraph 1. The Committee notes that in reply to its previous comments the Government states that the measures taken to ensure the good construction of cofferdams and caissons are based on the examinations carried out respecting these constructions and on geological construction techniques. It requests the Government to specify these measures. The Committee also requests the Government to supply a copy of the rules relating to the construction of cofferdams and caissons which, according to the Government's statement, are to be prepared by the Vocational Training Institute for the Construction Industry based on industrial rules, as soon as they have been adopted, governing the quality of the materials used.

Article 21, paragraph 2. The Committee notes with interest Instruction No. 14 of the General Occupational Safety and Health Regulations, to which the Government refers in its report. It requests the Government to supply a copy of this Instruction with its next report.

Article 22. The Committee notes the Government's reference to section 250 of the Federal Construction Regulations, by virtue of which the director responsible or the owner have to take precautions, adopt technical measures and undertake the necessary work to protect the life and physical safety of workers and third persons. The Committee notes that a general provision of this nature only gives partial effect to this provision of the Convention. It requests the Government to indicate the specific measures ensuring that structural frames and components, formwork, falsework and shoring shall be carried out only under the supervision of a competent person, that they are so designed, constructed and maintained, that they will safely support all loads that may be imposed upon them, and that adequate precautions are taken to guard against danger to workers arising from any temporary state of weakness or instability of a structure.

Article 23. The Committee notes with interest that section 252 of the Construction Regulations provide for the use of safety nets where there is a possibility of workers falling. It also notes that, according to the indications provided by the Government in its report, rescue teams are being established and trained at work centres. The Committee requests the Government to indicate the provisions governing the activities of these teams.

Article 30, paragraph 1. The Committee notes the references made by the Government in its report to the reports made by joint safety and health committees in the event of shortcomings relating to the safety of workers; the administrative sanctions imposed upon employers in the event of violations of the General Occupational Safety and Health Regulations and the Labour Code; and section 132 of the Labour Code, which establishes the obligation of the employer to provide workers with the necessary tools, materials and equipment. The Committee notes that the above measures and provisions do not explicitly establish that personal protective equipment and protective clothing shall be provided without cost to the workers. It requests the Government to indicate the measures which have been taken or are envisaged to include the requirement in national legislation that personal protective equipment and protective clothing has to be provided to workers free of charge.

Article 32, paragraph 2. The Committee notes from the Government's report that, in accordance with national practice, each construction site has a place for taking meals and shelter. It requests the Government to indicate any measures that have been taken or are envisaged to set out this practice in laws or regulations.

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The Committee notes with interest the information provided in the Government's first report. The Committee notes the Government's reference to Federal Construction Regulations and New Construction Regulations and requests the Government to transmit copies of these regulations with its next report. The Government is requested to provide further information on the following points:

1. Article 1 of the Convention. The Committee notes the Government's indication in its report that the occupational safety and health legislation covers all workers. It notes, however, that section 6 of the General Occupational Safety and Health Regulations (RGSHT) defines "work centres" for the purposes of the regulations as all establishments which produce goods or provide services. The Government is requested to indicate whether the provisions of the RGSHT are considered to be applicable to construction activities as well.

2. Article 4 and Article 5, paragraphs 1 and 2. The Committee notes the Government's indication, in its report, that the Federal Labour Inspectorate undertook a study concerning the occupational safety and health measures in the field of construction necessary for the application of the Convention, including a review of international standards. The Government is requested to indicate any new regulations, technical standards, or codes of practice adopted or issued to ensure the application of the Convention and to indicate the international standards taken into consideration at the time of their preparation.

Article 7. The Government is requested to indicate the measures taken or envisaged to ensure that, not only employers, but also self-employed persons in construction activities have the duty to comply with prescribed safety and health measures at the workplace.

Article 8, paragraph 2. The Government is requested to indicate the measures taken to ensure that employers and self-employed persons undertaking activities simultaneously at the same construction site cooperate in complying with prescribed safety measures.

Article 9. The Committee notes the Government's indication that there are no measures to ensure that designers and planners of construction projects take into account the safety and health of workers in their plans. The Government has indicated, however, that the Federal Construction Regulations provide that, in order to be granted a licence, a plan of the work to be done must be submitted and that section 192 of the Federal Construction Regulations sets forth the safety requirements called for in building plans and the execution of these plans. The Government is requested to provide further information on the requirements set forth in the construction regulations with respect to building plans and to indicate whether these plans are reviewed with respect to the safety and health of workers prior to the issuing of the necessary permit.

Article 12, paragraphs 1 and 2. The Committee notes that section 51 of the Labour Code provides that a worker can break his or her contract in the case of an existing serious danger to his or her health at the workplace. The Committee would recall, however, that this Article of the Convention provides that a worker shall have the right to remove himself or herself from the danger; which does not necessarily imply that a worker must go so far as to break the contract in order to avoid the danger. The Government is requested to indicate the measures taken or envisaged to ensure that a worker may simply remove him or herself from danger when he or she has good reason to believe that there is an imminent and serious danger to his or her safety or health. The Government is also requested to provide further information on the manner in which the safety and health departments, which according to the Government have the power to stop operations when there is an imminent danger, function.

Article 13, paragraph 2. The Committee notes that section 192 of the Federal Construction Regulations sets forth the safety requirements with respect to buildings. Sections 12 to 14 of the RGSHT provide for cleared and safe emergency exits in areas where risks are present to workers. The Government is requested to indicate the measures taken to ensure that the general means of access to and egress from all workplaces on construction sites are safe.

Article 16, paragraph 2. The Government is requested to indicate the measures taken to ensure that there are safe and suitable access ways and that traffic is organized and controlled as to secure safe operation on all construction sites on which vehicles, earth-moving or materials handling equipment are used.

Article 19. The Government is requested to indicate the measures taken or envisaged to ensure that adequate precautions are taken in any excavation, shaft, earthworks, underground works or tunnels in accordance with this Article.

Article 20, paragraph 1. The Committee notes the Government's indication in its report that there are no specific provisions to ensure the application of this Article, but that the employer is responsible for determining the technical standards necessary. The Government adds that the Vocational Institute for the Construction Industry (ICIC) Recommendation No. 138 provides that cofferdams and caissons should be well-constructed with appropriate material, escape passages for workers in the case of a break, used under the supervision of a competent person, with regular medical supervision of workers. The Government is requested to indicate the measures taken or envisaged to ensure that every cofferdam and caisson is of good construction and of adequate strength and that workers are provided with adequate means to reach safety in the event of an inrush of water or material.

Article 21, paragraph 2. The Committee notes the Government's indication in its report that, according to the National Chamber of Industry and Construction (CNIC), all workers working in compressed air are given medical examinations, including a clinical history to ensure that they are able to undertake this type of work. The Government is requested to indicate the measures taken or envisaged in law to ensure that only workers with the necessary physical aptitude may carry out work in compressed air.

Article 22. The Government is requested to indicate the measures taken or envisaged to ensure that the erection of structural frames and formwork is carried out under the supervision of a competent person, that it is so designed, constructed and maintained as to safely support all loads that may be imposed on it, and that adequate precautions are taken to guard against danger arising from any temporary state of weakness or instability of a structure.

Article 23. The Government is requested to indicate the measures taken or envisaged to ensure that adequate provision is made for preventing workers from falling into water and for the rescue of any workers in danger of drowning, in accordance with this Article of the Convention.

Article 28, paragraph 3. The Government is requested to indicate the measures taken to guard against danger where workers are required to enter into any area in which there may be an oxygen deficiency.

Article 30, paragraph 1. The Government is requested to indicate the measures taken or envisaged to ensure that the personal protective clothing and equipment to be provided by virtue of Instruction No. 17 and sections 159 to 174 of the RGSHT are furnished at no cost to the worker.

Article 32, paragraph 2. The Government is requested to indicate the measures taken or envisaged to ensure that facilities are provided at, or within reasonable access of, every construction site for accommodation for taking meals and for taking shelter during interruption of work due to adverse weather conditions.