Direct Request (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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Article 11(d) of the Convention. Inquiries into occupational accidents. In its previous comments, the Committee asked the Government to provide information on the inquiries carried out into occupational accidents in mines. The Committee notes the Government’s indication that special inspections have been undertaken in relation to occupational safety and health (OSH) on account of accidents occurring in mines in order to enforce labour standards, including preventive measures relating to occupational safety and health and that these inspections are mandatory in cases involving fatal accidents to workers or where occupational injuries have permanent after-effects. The Inspection Regulations provide that, when conducting a special inspection, the prime objective is to detect risks and immediately order corrective or preventive OSH measures. Such measures can entail the total or partial suspension of work and the restriction of workers’ access to all or part of the workplace, pending the recommendations for immediately enforceable measures. The Committee requests the Government to continue to provide information on the measures taken to ensure the holding of inquiries – where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious.

Article 17. Two or more employers engaging in activities simultaneously at one workplace. In its previous comments, the Committee asked the Government to take the necessary measures to ensure the application of Article 17 of the Convention. The Committee notes the Government’s indication that the scenario where two or more employers engage in activities simultaneously at one workplace in Mexico is under the subcontracting system, which is regulated by sections 13, 15, 15-A and 15-C of the Labour Code, as amended in 2012. The Committee notes that with regard to section 15-C of the Labour Code, the enterprise awarding the contract must continually ensure that the contractor providing the services fulfils the applicable OSH provisions with regard to its workers.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution) (dec-GB.304/14/8)

The Committee notes the information supplied by the Government in reply to its previous comment relating to social benefits and compensation for members of the families of mining accident victims, and also on the follow-up to the decisions of the Federal Inspection Directorate.