Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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.