Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Other comments on C155

Observation

Direct Request

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The Committee notes the information provided by the Government in its report concerning Articles 4 and 7 (national occupational safety and health policy; reviews, either overall or in respect of particular sectors), 9 (system of inspection) and 15 (coherence of policy and coordination among the various authorities) of the Convention.

Article 13. Protection of workers who remove themselves from work situations presenting an imminent and serious danger. 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, regulate the protection of workers in the event of an imminent risk. The Committee observes that the aforementioned sections of the LFT form part of Chapter XIIIbis on mineworkers. The Committee notes that, under section 343-D, workers can refuse to provide their services as long as the Joint Safety and Health Committee confirms that it entails a situation of imminent risk. The Committee recalls that under Article 13 of the Convention the decision by a worker to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to his or her life or health is not subject to any confirmation concerning the imminence of the risk but is a decision taken by the workers themselves. The Committee requests the Government to take steps to bring the legislation into conformity with Article 13 of the Convention with regard to all workers in all sectors of activity and to provide information in this respect.

Article 17. Requirement for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee notes that the Government repeats the information supplied in its previous report, referring to the possibility of collaboration by the safety committees in workplaces, and that it also refers to joint responsibility. The Committee reiterates that this Article of the Convention establishes the requirement for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace, with a view to jointly applying occupational safety and health standards. The Committee once again requests the Government to take the necessary measures to ensure that effect is given to this Article of the Convention and to provide information in this respect.