Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Safety and Health in Construction Convention, 1988 (No. 167) - Mexico (Ratification: 1990)

Legislation. With reference to its previous comments, the Committee notes the information contained in the Government’s report on the adoption of the Official Mexican Standard NOM-031-STPS-2011: construction and occupational safety and health published on 4 May 2011, the objective of which is to establish the occupational safety and health (OSH) conditions in construction works and to give effect to Articles 16(2) and 19(a), (b), (d) and (e) of the Convention.

Article 8(2). Effective cooperation regarding safety and health when two or more employers undertake activities simultaneously at one construction site. The Committee notes that section 5 of NOM-031-STPS-2011 establishes the general requirements of the employer relating to OSH in construction. However, they do not appear to include the obligation of employers or self-employed workers to cooperate in the application of OSH requirements in the national legislation. The Committee recalls that cooperation is aimed at prevention and is essential to maintain an adequate level of occupational safety and health in construction work, a sector in which diverse subcontracting enterprises of different size and different tasks are present. The Committee requests the Government to provide information in this regard, including an explanation as to the manner in which NOM-031-STPS-2011 establishes the obligation of employers and self-employed workers to cooperate in the application of OSH requirements and to provide information on the application of this obligation in practice.

Article 9. Safety and health of workers in the design and planning of a construction project. The Committee notes the information provided by the Government in its report, particularly on sections 5 and 8 of NOM 031 STPS 2011. The Committee notes that the new standard in the area of OSH in the construction sector provide that the employer shall, inter alia, categorize the size of the works, describe the activities to be carried out and the potential risk to the workers, and draw up a list of safety measures to adopt before and during the implementation of the construction project. The Committee notes that the definition of employer in section 4.12 of NOM-031-STPS-2011 refers only to natural or legal persons responsible for carrying out projects, while Article 9 of the Convention refers to persons responsible for the design and planning of construction projects. Taking into account that the design, planning and implementation of construction works are activities which can be carried out by various persons, the Committee requests the Government to provide further information on the manner in which the new Standard is applicable to the persons responsible for the design and planning of construction works, in accordance with the provisions of this Article. Furthermore, the Committee requests the Government to provide further information on the application of this Article of the Convention in practice.

Article 12. Right of workers to remove themselves from danger entailing an imminent and serious risk to safety or health, and obligation of the employer to take immediate steps to stop operations. The Committee notes the Government’s indication in its report that sections 343-C and 343-D of the Federal Labour Act (LFT) as amended on 30 November 2012, provide for protection of workers in case of imminent risk. The Committee notes that these sections of the LFT come under Chapter XIIIbis entitled “mine workers”, which indicates that this chapter targets a specific sector and does not apply to all the workers covered by the Convention. The Committee therefore requests the Government to adopt the necessary measures to give effect to this Article of the Convention with respect to all workers covered by the Convention and to provide information in this regard.

Article 16(2). Vehicles and earth-moving or materials-handling equipment, safe and suitable access ways and traffic control (Article 19(a), (b), (d) and (e)). Excavations, shafts, earthworks, underground works and tunnels. With regard to its previous comments, the Committee notes the information in the Government’s report that the objective of Standard No. NOM-031-STPS-2011 is to establish occupational safety and health conditions in construction work and give effect to the abovementioned Articles of the Convention. The Committee requests the Government to continue to provide information on the application of these Articles in practice.

Article 20(1). Good construction of cofferdams and caissons. Article 22. Design and construction of structural frames and form work to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure. Article 23. Work done over or in close proximity to water. The Committee notes that NOM-031-STPS-2011 contains no specific provisions to implement these Articles of the Convention. Section 5 of the Standard nevertheless provides for general obligations of employers, such as the obligation to revise and carry out preventive maintenance of equipment and machinery. The Committee requests the Government to provide further information on the manner in which NOM-031-STPS-2011 of other legislative provisions give effect in practice to the present Articles of the Convention.

Article 21(2). Physical aptitude necessary of persons who work in compressed air. The Committee notes that there is no indication in the information provided by the Government that work in compressed air should be carried out only by workers whose physical aptitude has been established by a medical examination, in accordance with the provisions in the present Article. The Committee requests the Government to provide information in this regard.