Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 3(1) and (2) of the Convention. Progressive establishment of occupational health services for all workers. For a number of years the Committee has been requesting information on Instruction No. 24 concerning occupational health services and notes the fact that the preparatory work culminated in NOM-030-STPS-2006 instead of the adoption of this instruction. The Committee notes that paragraph 4.6 of this standard establishes that preventive occupational safety and health services (SPSST) are those provided by staff who have been trained to implement prevention, protection and control functions, and also to advise the employer, the workers and their representatives with regard to occupational safety and health, and these services may be internal, external or a mixture of both. It also notes that, according to paragraph 7 of this standard, workplaces are classified in category A or category B, according to the level of risk. The Committee requests the Government to provide information on the following:

(i)    whether, in conformity with this Article of the Convention, the SPSST cover all the health services functions provided for in the Convention or whether some functions are shared with or performed by other organizations;

(ii)   whether the SPSST cover all workers, including those in the public sector and the members of production cooperatives, all branches of economic activity and all undertakings;

(iii)  the establishment of the SPSST in practice, indicating in particular the sectors in which the SPSST already exist and function and those in which they still have to be established. In the latter case – sectors or undertakings in which the SPSST still have to be established – please indicate the plans which have been drawn up to establish such services in consultation with the most representatives as laid down by Article 3(2) of the Convention.

Article 5(b), (d) and (e)–(h). Functions to be performed by the occupational health services. The Committee notes the Government’s indication that NOM‑030-STPS-2006 gives effect to the abovementioned subparagraphs. The Committee notes that paragraph 9 of this standard contains the list of preventive measures and provides for the setting up of an occupational safety and health programme. It is the Committee’s understanding that the general wording of the standard could give effect to Clauses (b), (d), (e) and (g). However, the Committee observes that this Standard does not appear to contain any provisions which give effect to the following Clauses: (f) (surveillance of workers’ health in relation to work) and (h) (contribution to measures of vocational rehabilitation). The Committee therefore requests the Government to supply information on the application in practice of Clauses (b), (d), (e) and (g) of this Article. It also requests the Government to indicate the provisions which give effect to the abovementioned Clauses (f) and (h) and to supply information on their application in practice.

Article 7. Different forms of organization of occupational health services. In the first paragraph of this comment, the Committee noted that, according to paragraph 4.6 of NOM-030-STPS-2006, the SPSST may be internal, external or a mixture of both. The Committee requests the Government to indicate the basis for prescribing that occupational health services may be internal, external or a mixture of both, including information on the application thereof in practice.

Article 8. Cooperation between the employer and the workers and their representatives. The Committee requests the Government to indicate the manner in which the cooperation and participation of the employer and the workers and their representatives is ensured with regard to implementation of organizational and other measures relating to occupational health services on an equitable basis.

Article 9. Multidisciplinary nature of occupational health services and cooperation between the latter and other services in the undertaking. The Committee notes the provisions mentioned by the Government but it is unclear whether these ensure the full application of this Article of the Convention in the country. However, it notes that the report indicates that in certain cases, such as the Mexican Social Security Institute (IMSS), multidisciplinary SPSST have been established and the participation of other entities such as occupational safety and health committees and bodies dealing with staff matters, economic and social benefits, and other external entities, is being contemplated. The Committee requests the Government to supply detailed information on the manner in which the multidisciplinary nature of the SPSST (Article 9(1)), cooperation with other services in the undertaking, including production services (Article 9(2)), and coordination (Article 9(3)), are ensured in law and in practice.

Article 15. Requirement to inform occupational health services of occurrences of illness and absence from work for health reasons. With reference to its previous comments, the Committee notes that, according to the report, effect is given to this Article of the Convention by means of paragraphs 5.4 and 6.3 of NOM-030-STPS-2006. However, the Committee notes that these provisions do not give effect to this Article, which states that occupational health services shall be informed of occurrences of ill health amongst workers and absence from work for health reasons, in order to 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 Committee therefore again requests the Government to provide information on:

(i)    the provisions which give effect to the duty to inform the occupational health services of occurrences of ill health amongst workers and absence from work for health reasons;

(ii)   the provisions which ensure that personnel providing occupational health services are not required by the employer to verify the reasons for absence from work; and

(iii)  their application in practice.

Part VI of the report form. Application in practice. The Committee requests the Government to give a general description of the manner in which the Convention is applied in the country, including, for example, information on the number of workers covered, on procedures for application, and in particular on the practical application of NOM-030-STPS-2006.

The Committee notes the communication from the Single Union of Workers of the Government of the Federal District (SUTGDF), which was sent to the Government in May 2009. The Committee notes that, according to the communication, the Government, inter alia, is violating the present Convention but that the nature of the violation is not stated. The Committee therefore considers that it does not have the necessary information on which to base any examination of this claim and considers the matter closed unless the SUTGDF provides further information on what it regards as a possible infringement of the Convention.