Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee notes with interest the information provided in the Government's report, in particular as concerns the matters raised in its previous direct request with regard to the application of Articles 2, 14 and 16 of the Convention. It further notes with interest that the Instructions Subcommittee of the National Consultative Committee on Occupational Safety and Health is preparing draft Instructions concerning occupational health services. According to the Government, these instructions will be in complete conformity with the Convention and will facilitate the progressive development of occupational health services for all workers, in accordance with Article 3.

Furthermore, the Committee notes with interest from the Government's report the indication made by the Mexican Workers Confederation concerning the importance it places on this Convention and that the trade unions affiliated to it are going to introduce occupational health services in their collective agreements. The Government is requested to provide copies of any such agreements as they concern occupational health services, as requested in the report form under Article 6.

The Committee requests the Government to indicate, in its next report, the progress made in ensuring the application of the following Articles of the Convention:

Article 5(b), (d) and (e) to (h). The Committee would recall that this Article of the Convention sets out the functions which should be attributed to occupational health services and which are adequate and appropriate to the occupational risks of the undertaking. These functions do not, however, prejudice the rights and responsibilities of other authorities in the field of occupational safety and health, such as the labour inspectorate or the Joint Occupational Safety and Health Committees of the enterprise which were mentioned in the Government's report. In order for the occupational health services created to be able to fulfil their role as a preventive service, depending on the workplace, they will need to be able to carry out the following functions: 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. The Government is requested to indicate the measures taken or evisaged (such as in the Instructions concerning occupational health services) to ensure that, where appropriate, occupational health services have the mandate to carry out these functions.

Article 7, paragraph 1. The Committee notes from the Government's report that for enterprises with over 100 workers, occupational health services are established for the single undertaking. It further notes the Government's indication that the Instruction being drafted will be able to establish that several enterprises may have a common occupational health service. The Government is requested to indicate the progress made in this regard so that enterprises with less than 100 workers may also benefit from occupational health services.

Article 9. The Committee notes from the Government's report that the Instruction being drafted will establish the co-ordination between the services for preventive medicine and the services for prevention of occupational safety and health and that the Instructions will also provide that these services be multidisciplinary. The Government is requested to indicate the progress made in this regard.

Article 10. The Committee notes the indication in the Government's report that the personnel of occupational health services are part of the Administration which pays them. It notes with interest the Government's indication that the draft Instruction will take into account the need to ensure professional independence for the occupational health service personnel. The Government is requested to indicate the progress made in this regard.

Article 12. The Committee notes the information provided in the Government's report and requests the Government to indicate the measures taken to ensure that, as far as possible, the surveillance of workers' health in relation to work takes place during working hours.

Articles 15. The Committee notes the information provided in the Government's report. The Committee would recall, however, that it is essential that occupational health services be informed of occurrences of ill health amongst workers and absence from work for health reasons so that they might be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace. The Government is, therefore, requested to indicate the measures taken or envisaged to ensure that occupational health services are provided with this information.

Point VI of the report form. The Committee notes the information provided by the Government concerning occupational health services generally which do not have a preventive function. The Committee requests the Government to provide statistics, as soon as they have been collected, of the number of preventive occupational health services and the number of workers who have access to these services.