Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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.