Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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 observations of the National Union of Workers of the Federal Roads and Bridges Access and Related Services (SNTCPF), received in 2016, and the observations of the Confederation of Employers of the Mexican Republic (COPARMEX) and of the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN), attached to the Government’s report.

Article 7 of the Convention. Review of particular areas with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results. Mining sector. State of Coahuila de Zaragoza. In its previous comments, the Committee asked the Government to provide information on the major problems identified in the mining sector in the state of Coahuila de Zaragoza (Coahuila), effective methods for dealing with them and priorities of action, and an evaluation of the results. In order to identify the problems, the Committee asked the Government to provide information on the situation in the mining sector in Coahuila. The Committee notes the observations of the SNTCPF regarding the lack of effective registration of workers in mines and the lack of adequate protection for occupational safety and health (OSH) in certain types of coalmines.

The Government provides information in its report on: (a) the number and types of mines, and the estimated proportion on non-registered miners in Coahuila; and (b) occupational accidents in mines both at the national level and in Coahuila registered by the Mexican Social Security Institute (IMSS). As regards the measures taken in relation to the alleged lack of adequate OSH protection in certain types of coalmines, the Government indicates that: (a) through the labour reform of 2012, the Federal Labour Act of 1970 was expanded to include Chapter XIIIbis on mineworkers, the provisions of which are applicable in all coalmines, whether underground mines, slope mines, opencast mines, sloping and vertical shafts, and also to any form or type of small-scale extraction activity; and (b) the federal Government maintains a permanent team in coalmines to conduct inspections, whose functioning is described below in connection with the application of Article 9 of the Convention. The Government also indicates that: (a) unregistered, illegal workplaces, where workers are exposed to major risks, are the main problem in the mining sector in Coahuila; (b) the measures proposed to resolve the issue are the handling of complaints and the conducting of censuses in the region to identify unofficial workplaces; (c) the order of propriety for adopted measures is: identification of the problem, issuing of an inspection order and the execution thereof, and adoption of the necessary measures to solve the specific problem which has been investigated; and (d) as regards the evaluation of the results, the IMSS statistics for 2010–16 on the mining and use of coal, graphite and non-metallic minerals in underground mines in Coahuila indicate that there was a 50 per cent reduction in occupational accidents, from which 54 deaths were registered, with 80 per cent of these fatal occupational accidents occurring between 2010 and 2012. While duly noting the information provided on the measures taken and the significant decrease in the number of accidents in the mining sector in Coahuila, the Committee requests the Government to continue providing information on available statistics relating to the number of accidents in the mining sector.

Article 9. Adequate and appropriate system of inspection. Adequate penalties. In its previous comments, the Committee asked the Government to provide information on: (a) the labour inspection system and the adequacy of its resources, and also its functioning in unregistered, illegal mines; and (b) adequate penalties for violations of laws and regulations, including in the event of the employer’s refusal to authorize access for the labour authority. The Committee notes the observations of the SNTCPF regarding: (a) the ineffectiveness of the inspection system owing to lack of resources; and (b) the failure to effectively enforce penalties, which include the closure of unregistered mines, and the resumption of operations in mines that were previously closed. The Committee also notes the observations of the COPARMEX and the CONCAMIN concerning the measures taken by the labour inspectorate to ensure observance of the regulations. The Committee notes the Government’s indication that inspection activities ensure enforcement of the labour standards, including preventive OSH measures in unregistered and unofficial mines. Although there have been cuts in the Government’s budget owing the austerity measures implemented at national level, the Government indicates that more effective actions have been organized through inspection programmes focusing on high-risk activities, and there were no cuts to the budget of the Federal Labour Office in Coahuila in the 2016–17 financial year. As regards adequate and effective penalties, the Committee notes the data supplied by the Government, including fines and restrictive measures, such as the suspension of mining work and projects. The Government also indicates, with regard to any refusal by the employer to receive the labour inspectorate, that since the reform of 2012 section 1004-A of the Federal Labour Act has provided that, to counteract employers’ refusal to allow labour inspections to proceed, a fine of 250 to 5,000 minimum wage equivalence shall be imposed on any employers who deny access to the labour authorities to conduct inspection and monitoring activities in their workplaces. Noting the significant number of fatal occupational accidents, the Committee requests the Government to continue providing available statistics on the number of inspections conducted in the sector, the number and nature of reported violations, and the number, nature and causes of accidents in the mining sector.

Article 13. Protection of workers who remove themselves from work situations presenting an imminent and serious danger to their life or health. In its previous comments, the Committee asked the Government to take the necessary steps to bring the legislation into conformity with Article 13 of the Convention. The Committee notes the Government’s indication in its report that, under section 343 D of the Federal Labour Act, as amended in 2012, workers can refuse to provide their services in view of the fact that the Joint Safety and Health Committee, experts in the matter, has confirmed the existence of situations that present an imminent danger to the life, physical integrity or health of workers. The Government also highlights paragraph 2 of the abovementioned section, which establishes the duty of workers to remove themselves from work situations presenting an imminent and serious danger, and to notify the employer, any member of the Joint Safety and Health Committee, or the labour inspectorate of these circumstances. However, the Committee recalls that the right of workers to remove themselves from situations when there is a reasonable justification to believe that there is a serious and imminent danger remains an essential foundation for the prevention of occupational accidents and diseases and must not be undermined by any action by the employer. This right is linked to the duty of workers to inform their employer about such situations, although this obligation should not be seen as a prerequisite for the exercise of the right of removal (2017 General Survey on certain occupational safety and health instruments, paragraph 298). The Committee requests the Government once again to take the necessary steps to abolish any requirement of prior notification of, or authorization from, the Joint Safety and Health Committee for workers to be able to exercise their right to remove themselves from danger, in accordance with the terms of Article 13 of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.