Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Occupational Health Services Convention, 1985 (No. 161) - Mexico (Ratification: 1987)

1. The Committee notes with interest the information provided in the Government's first report on the application of the Convention and requests the Government to provide further information, in its next report, on the following points:

Article 2. The Committee notes with interest that the National Advisory Commission on Occupational Safety and Health (CCNSHT) conducts studies concerning particular occupational safety and health issues, and that the Directorate General for Preventive Medicine promotes national policy for the prevention and control of occupational diseases and health risks. It further notes that the General Regulations on Occupational Safety and Health (RGSHT) establishes a policy for the promotion of occupational health services. The Committee requests the Government to indicate any recent measures taken by the Directorate General for Preventive Medicine, or any other agency, for the implementation and review of the national policy specifically concerning occupational health services.

Article 3. The Committee notes with interest the measures taken by the Government to develop progressively occupational health services for all workers. It requests the Government to continue to supply information concerning plans to further promote the establishment of occupational health services.

Article 5(b), (d), (e), (f), (g) and (h). The Committee notes the authority granted to occupational health services by virtue of sections 213-220 of the RGSHT. It requests the Government to indicate the measures taken to ensure that such services have the authority to: survey sanitary installations, canteens, housing; test and evaluate equipment; advise on protective equipment; survey workers' health for a particular job prior to assignment; specifically promote adaptation of the work to the worker; and contribute to measures of vocational rehabilitation.

Article 6. The Committee notes that an occupational health service has been established for the Mexican Petrol Industry (PEMEX). It requests the Government to supply copies of the provisions of the PEMEX collective agreement, and any other collective agreements which are relevant to the authority of occupational health services in a particular industry.

Article 7, paragraph 1. The Committee requests the Government to indicate whether occupational health services tend to be organised for a single undertaking or whether such services are common to a number of undertakings.

Article 9. The Committee notes that the Central Office for Occupational Medicine Services has changed its name to the Central Office for Occupational Health Services in order to reinforce the nature of its functions. It requests the Government to indicate the procedures established for promoting co-operation between the services for preventive medicine and the services for prevention of occupational safety and health risks, thereby reinforcing a more coherent and multidisciplinary policy for occupational health services at the level of the undertaking.

Article 10. The Committee notes the information provided by the Government concerning the "professional secrecy" to be maintained by occupational health service personnel. It would point out, however, that professional independence is to be enjoyed by occupational health service personnel in all aspects of their work which would cover not only the confidentiality of medical records, but also the ability to make determinations concerning hazards in the working environment independent from the opinions of employers or workers. It requests the Government to indicate the measures taken to ensure that occupational health service personnel enjoy full professional independence.

Article 12. The Government has indicated that section 510 of the Labour Code provides that the safety and health committees at the enterprise shall perform their duties during working hours at no cost to the members of these committees. The Committee would recall, however, that Article 12 of the Convention concerns the occurrence of medical examinations for the surveillance of the workers' health in relation to work. It requests the Government to indicate the measures taken to ensure that such examinations involve no loss of earnings for the workers, are free of charge and take place during working hours.

Article 14. The Committee notes the information provided by the Government concerning the employers' responsibility to inform the competent authority of any known or suspected factors in the working environment which may affect the workers' health. It requests the Government to indicate the measures taken to ensure that the appropriate occupational health service, where such service exists, will also be informed of these factors.

Article 15. The Committee requests the Government to indicate the measures taken to ensure that the appropriate occupational health service, where such service exists, is informed of occurrences of ill health among workers and that occupational health service personnel are not required by the employer to verify the reasons for absence from work.

Article 16. The Government has indicated that the Labour and Health Secretaries and the Mexican Social Security Institute are responsible for the operation of occupational health services. The Committee requests the Government to provide information on the specific responsibilities granted to these authorities as concerns providing advice to these services once they have been established.

2. Point VI of the report form. The Committee requests the Government to provide information concerning the practical application of this Convention. In particular, please indicate the number and nature of occupational health services already established, as well as the number of workers having access to these services.