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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (Underground Work (Women)), 115 (Radiation Protection), 155 (OSH), 161 (Occupational Health Services), 167 (Safety and Health in Construction) and 170 (Chemicals) in a single comment.

The Committee notes the observations of the Regional Labour Confederation of Mexico (CROM) on the application of Convention No. 45 and of the International Trade Union Confederation (ITUC) on the application of Conventions Nos 155, 167 and 170 communicated with the Government’s report. The Committee also notes the observations of the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) on the application of Conventions Nos 45 and 155, communicated with the Government’s report.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

The Committee notes that, in their observations, the CONCAMIN and the ITUC respectively emphasize: (i) the recent government decision to use coal in electricity production with, as a possible consequence, increased interest in producing and exploiting this mineral and thus heightening the occupational safety and health risks associated with the operation of irregular coal mines (known as “pocitos”), especially in the State of Coahuila; and (ii) the absence of joint safety and health committees in workplaces during the COVID-19 pandemic. The Committee requests the Government to provide its comments in this regard.

Legislation. The Committee notes the information provided by the Government in its report on the adoption in 2018 of Mexican Official Standards NOM-036-1-STPS-2018 and NOM-035-STPS-2018 which deal respectively with ergonomic and psychosocial risk factors at work, as well as the recent incorporation into the Federal Labour Act (LFT) of Chapter XII BIS regarding telework, which contains specific OSH provisions (sections 330-B, subparagraph IV; 330-E, subparagraph IV, 330-F, subparagraph III; 330J and 330K, subparagraph I). The Committee further notes that the National Programme for Quality Infrastructure adopted in 2021, the Sectoral Labour and Social Welfare Programme 2020-2024, and the Inspection Programme of 2021, provided by the Government, all include strategies and action intended to update the OSH standards framework, under the responsibility of the Secretariat of Labour and Social Welfare. The Committee trusts that the revision of OSH standards mentioned by the Government will take account of its comments on Convention No. 155, regarding the application of ratified OSH Conventions, and all its other comments, with a view to conforming fully with the framework of OSH standards established by the said Conventions. The Committee requests the Government to provide information on all progress made in this regard.

Article 11(d) of the Convention. Conducting inquiries. The Committee notes the information provided by the Government in reply to its previous comments, on the powers of the labour inspectorate and of the national OSH tripartite consultative committee to carry out investigations and inquiries in respect of OSH, including for the purpose of reducing risks in workplaces. With reference to its comments on the application of Articles 4 and 7 of the Convention (review of the national policy and situation in respect of occupational safety and health of workers and the work environment), The Committee requests the Government to provide information, on the inquiries conducted following occupational accidents, cases of occupational diseases or any other injuries to health which arise in the course of or in connection with work and which appear to reflect situations that are serious, and to the extent possible disaggregated by years and sectors.

Article 17. Two or more employers engaging in activities simultaneously at one workplace. The Committee takes note of the Government’s communication regarding the repeal in 2021 of section 15-C of the LFT. The repealed section provided that the enterprise awarding the contract must continually ensure that the contractor providing the services fulfils the applicable OSH provisions with regard to its workers. The Committee notes, according to the information provided by the Government, this repeal took place within the framework of a reform of the LFT adopted in 2021, which aimed to prohibit the subcontracting of personnel, except in the case of specialized activities. Following the repeal of section 15-C of the LFT, the Committee requests the Government to indicate the legal provisions, or other measures, that continue to oblige enterprises that engage in activities simultaneously at one workplace to collaborate in the application of the measures provided under the Convention. Should such provisions not exist, the Committee requests that the Government adopts, within the framework of the revision of OSH standards, measures to give effect to the provisions of Article 17 of the Convention.

2. Occupational Health Services Convention, 1985 (No. 161)

Article 3(1) and (2) of the Convention. Progressive establishment of occupational health services for all workers. The Committee once again requests the Government to provide information on the establishment in practice of preventive occupational safety and health services provided under Mexican Official Standard NOM-030-STPS-2009, in particular indicating the sectors or enterprises in which they already exist and operate, and those in which they need to be created (in the latter case, indicate the plans drawn up for the establishment of such services in consultation with the most representative organizations of employers and workers, where they exist).

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Articles 3(1), 6(2) and 7(1) of the Convention. Appropriate steps to ensure the protection of workers in the light of knowledge available at the time. Revision of maximum permissible doses of ionizing radiations. With reference to its earlier comments on the revision of the maximum permissible doses of ionizing radiations provided under the General Radiological Safety Regulations of 1988, in particular with regard to radiation to the lens of the eye, the Committee notes that the Government refers to the maximum doses set out in Mexican Official Standard NOM-041-NUCL-2013, which fixes annual limits to doses equivalent to 50 mSv and to 500 mSv for an organ or tissue (section 4.9). The Committee also notes that the Government is planning to amend the abovementioned standard through the adoption of draft Mexican Official Standard PROY-NOM-041-NUCL-2021, on annual limits of incorporation and concentrations derived in the air, section 3.7 of which refers to an annual limit equivalent to 150 mSv for the lens of the eye. The Committee observes that neither the standard to which the Government refers, nor the draft amendment, contain limits of doses to the lens of the eye applicable in light of new knowledge, nor do they refer to the limits to doses applicable to interns aged between 16 to 18 years who, in the course of their training, may be exposed to radiations. With reference to paragraphs 32 and 34 of its general observation of 2015 on the application of the Convention, the Committee requests the Government, within the framework of its revision of OSH standards, to adopt without delay measures to ensure that: (i) the dose limit to the lens of the eye is fixed at 20 mSv per year, averaged over defined five-year periods, with no single year exceeding 50 mSv per year; and (ii) with regard to interns aged 16 to 18 years of age, the effective dose limits are fixed at 6 mSv in a year, as well as the equivalent dose of 20 mSv in a year to the lens of the eye and150 mSv in a year to the extremities (hands and feet) or to the skin.

2. Chemicals Convention, 1990 (No. 170)

The Committee notes that the ITUC refers in its observations to the extensive use of hazardous substances for the health of workers engaged in mining, metal and steel working, as well as in fertilizer production. The Committee requests the Government to provide its comments in this regard.

The Committee notes the information provided by the Government on the application of the Convention in practice.

Article 4 of the Convention. Coherent national policy on safety in the use of chemicals. With reference to its earlier comments on the incorporation of the issues governed by the Convention into OSH policies developed at the state and federal levels, the Committee notes the information provided by the Government on the standards applicable to the use of chemical substances at work at national level, with particular emphasis on those that are hazardous or pollutant, as well as the adoption of a coherent national policy for the management of chemical substances, the purpose of which is to implement an appropriate and comprehensive system for handling chemical substances and products, guaranteeing rigorous protection for the health of the population and the environment from the risks associated with exposure thereto. The Committee requests the Government to provide a copy of the coherent national policy for the management of chemical substances, together with information on its implementation, describing the manner in which the most representative organizations of employers and workers have been consulted in the formulation and implementation of the said policy and the manner in which they will be consulted on its periodic review.

The Committee further notes that the Government refers to the adoption of draft Mexican Official Standard PROY-NOM-005-STPS-2017, on handling hazardous chemicals or mixtures at the workplace – safety and health conditions and procedures, amending and updating the provisions on these issues established in Mexican Official Standard NOM-005-STPS-1998 currently in force. The Committee requests the Government to provide information on all progress made in this regard.

Article 5. Prohibition and restriction on the use of hazardous chemicals or advance notification and authorisation before their use. With reference to its earlier comments as to whether there exist mechanisms to give effect to this article of the Convention, the Committee notes that the Government: (i) provides a list of pesticides the importation, production, formulation and marketing of which has been prohibited and restricted by decree in the country; (ii) indicates that it is taking action to prohibit and restrict the substances listed in the Stockholm Convention on Persistent Organic Pollutants, including the adoption of amendments to the legislation governing general import and export duty, for the purpose of prohibiting the importation of certain substances. The Committee requests the Government to list other hazardous chemicals the use of which has been prohibited or restricted, as well as the hazardous chemicals that require advance notification or authorization, specifying the competent authority in this regard.

Article 6. Systems for the classification of all chemicals. The Committee notes the Government’s indication that it intends to establish a national registry of chemicals to ensure appropriate handling, evaluation, authorization, restriction of use and disposal of hazardous substances. The Committee requests the Government to provide information on the constitution, functioning and scope of the national registry of chemicals and, if applicable, a description of the manner in which the establishment of the registry gives effect to Article 6 of the Convention.

Article 10(3) and (4). Responsibilities of employers: use of chemicals that are classified or identified and labelled or marked and maintenance of a record of hazardous chemicals used. With regard to its earlier comments on the legislation giving effect to these Articles of the Convention, the Committee notes that the Government refers, inter alia, to Mexican Official Standard NOM-018-STPS-2015, which provides for a harmonized identification and communication system for hazards and risks related to chemicals in workplaces, and which repeals Mexican Official Standard NOM-018-STPS-2000, which regulated the same areas. The Committee notes that Mexican Official Standard NOM-018-STPS-2015 provides that employers shall: (i) mark all storage units, containers, racks or storage areas where hazardous chemicals and mixtures are stocked, according to specific rules on marking (sections 6.5 and 10); and (ii) keep an updated list of the hazardous chemicals and mixtures that are handled in the workplace, which must at least include the marking and labelling of such substances (section 8.1). The Committee requests the Government to indicate the measures adopted to ensure that the list of hazardous chemicals and mixtures which must be kept by employers under section 8.1 of Mexican Official Standard NOM-018-STPS-2015, includes references to appropriate chemical data safety sheets referred to in Article 8 of the Convention, and that the list is available to the workers and their representatives.

Article 18(1) and (2). Rights of workers to remove themselves when they have reasonable justification to believe there is an imminent and serious risk to their safety and health. Protection of workers against undue consequences of such removal. With regard to its earlier comments concerning the lack of legal provisions giving effect to these articles of the Convention, the Committee notes that the Government refers only generally to the adoption of the aforementioned draft Mexican Official Standard PROY-NOM-005-STPS-2017, on handling hazardous chemicals or mixtures at the workplace – safety and health conditions and procedures. The Committee again requests the Government to adopt the necessary measures without delay, including in the framework of the adoption of draft Mexican Official Standard PROY-NOM-005-STPS-2017, to guarantee workers the right to: (i) remove themselves from any danger arising from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health; and (ii) to be protected against undue consequences of such removal. The Committee requests the Government to refer to its comments in its observation regarding the application of Article 13 (protection of workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger) of Convention No. 155.

C. Protection in specific areas of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

The Committee notes that the CROM, in its observations, indicates that in practice refusal to hire women to work in mines is discussed, and in most cases the decision is taken to hire men. The Committee also notes that the CONCAMIN recommends, in its observations, that the Government denounce the Convention.

The Committee recalls that the Governing Body of the ILO (at its 334th Session, October-November 2018) decided, on the recommendation of the Standards Review Mechanism Tripartite Working Group, to confirm the classification of the Convention as outdated, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take the necessary follow-up action to actively promote ratification of updated OSH instruments including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176) and to undertake a ratification campaign in respect of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision adopted by the Governing Body at its 334th Session (October-November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to examine the possibility of ratifying the more updated instruments in this thematic area. The Committee reminds the Government that it may avail itself of technical assistance from the Office in relation to this process.

2. Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in response to its earlier comments on Articles 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). (Adequate precautions in excavations, shafts, earthworks, underground works and tunnels) and Article 21(2) (Physical aptitude necessary of persons who work in compressed air) of the Convention.

The Committee notes that, in its observations, the ITUC emphasizes that the obligation under the LFT to establish joint safety and health committees is not fulfilled in the majority of workplaces and is concerned at the incapacity of the labour inspection to cover the wide area imposed by construction work. The Committee requests the Government to provide its comments in this regard.

Article 8(2) of the Convention. Cooperation between employers or self-employed persons undertaking activities simultaneously at one construction site. With regard to its previous comments on the manner in which effect is given to this Article of the Convention, the Committee notes that the Government mentions various provisions related to the obligation for employers and workers to cooperate in OSH matters (in particular with regard to the joint safety and health committees that must be established on construction sites), that are contained in Mexican Official Standard NOM-031-STPS-2011 on construction and occupational safety and health. The Committee notes, however, that the Government does not refer to provisions contained in Mexican Official Standard NOM-031-STPS-2011, or in any other standard, that provide for cooperation in OSH between employers (or between self-employed persons) undertaking activities simultaneously at one construction site. The Committee requests the Government, including in the framework of the revision of the OSH standards, to adopt measures without delay to ensure that employers (or self-employed persons) carrying out activities simultaneously at the same construction site are obliged to cooperate in the application of the OSH measures defined in the national legislation. The Committee requests the Government to refer to its comments formulated in respect of the application of Article 17 (collaboration between two or more employers engaging in activities simultaneously at one workplace) of Convention No. 155.

Article 9. Obligation of those concerned with the design and planning of a construction site to take into account the safety and health of the workers. With regard to its earlier comments relative to the adoption of measures giving effect to this Article of the Convention, the Committee notes that the Government refers to provisions in the aforementioned Mexican Official Standard NOM-0312-STPS-2011, which only contain definitions of the contractor, constructor, construction manager and sub-contractor, and do not provide for the obligation of those responsible for the design and planning of a construction site to take into account the safety and health of workers. The Committee requests the Government to specify if, according to national practice, those responsible for the design and planning of a construction site are obliged to take account of the safety and health of the construction workers. The Committee encourages the Government, within the framework of the revision of OSH standards to examine the adoption of measures to ensure that the legislation adopted includes the abovementioned obligation.

Article 12. Right of workers to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health. Obligation of the employer to take immediate steps to stop the operation. With regard to its earlier comments regarding the adoption of measures to give effect to this Article of the Convention, the Committee notes the Government’s indication according to which sections 343-C (obligations of mining-sector employers) and 343-D (instances where mineworkers may refuse to provide services) could be extended to cover the construction sector under section 17 of the LFT, which provides that, where the Act or its regulations, or other standards, do not include express provisions, the provisions of the LFT regulating similar cases shall be taken into consideration. The Committee also notes that the ITUC indicates in its observations that the LFT contains no provision similar to Article 12 of the Convention and that sections 343-C and 343-D of the Act do not refer to construction workers but to mine workers, who represent a minority comparted to the total number of workers. Noting that the abovementioned provisions of the LFT do not give effect to Article 12 of the Convention, the Committee requests the Government to adopt the necessary measures without delay to: (i) ensure that the legislation makes provision for and establishes the right of all workers to whom the present Convention is applicable to remove themselves from danger when they have good reason to believe that there is an imminent and serious danger to their safety or health; and (ii) to give effect to the obligation of employers to take immediate steps to stop the operation and, if necessary, evacuate workers where there is an imminent danger to their safety. The Committee requests the Government to refer to the comments it has formulated in its observation on the application of Article 13 (protection of workers that remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger) of Convention No. 155.

Article 20(1). Good construction of cofferdams and caissons. Article 22. Design and construction of structural frames and formwork 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. With regard to its earlier comments on the manner in which the legislation gives effect to these Articles of the Convention, the Committee notes the Government’s indication that the national legal system does not contain specific provisions referring to the good construction of cofferdams and caissons. The Committee requests the Government to provide information on the manner in which the application of the following Articles of the Convention is guaranteed in practice: Article 20(1) (on good construction of cofferdams and caissons), Article 22 (on the design and construction of structural frames and formwork to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure), Article 23 ( on work done over or in close proximity to water).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

With reference to its observation, the Committee wishes to raise the following additional points.

Article 3(1) and (2) of the Convention. Progressive establishment of occupational health services for all workers. With regard to its previous comments, the Committee notes the Government’s indication that paragraph 2 of the Mexican Official Standard NOM-030-STPS-2009, preventive occupational safety and health services (SPSSTs), provides for the application of the standard throughout the national territory and in all workplaces. Moreover, the Government adds that section 527 of the Federal Labour Act provides that the federal authorities shall be competent to apply the labour standards with regard to the 22 sectors listed in the Act, that the federal authorities may be assisted by the local authorities in certain cases, and that the public sector and decentralized entities are also covered. The Committee notes that the Government does not provide the requested information on the application in practice of this section of the Act. The Committee once again requests the Government to provide information on the establishment of SPSSTs in practice, with an indication in particular of the sectors in which SPSSTs already exist and operate, and those in which they still need to be created. In the latter case (sectors and enterprises in which SPSSTs still need to be created), please indicate the plans developed for the establishment of such services in consultation with the most representative employers’ and workers’ organizations, in accordance with paragraph 2 of this Article of the Convention.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes with satisfaction the adoption in 2009 of the Mexican Official Standard NOM-030-STPS-2009, preventive occupational safety and health services – functions and activities, which replaces NOM-030-STPS-2006, preventive occupational safety and health services – organization and functions, and which gives effect to most of the Articles of the Convention. Moreover, the Committee notes the Government’s indication that the purpose of the new Standard is to set out the functions and activities to be performed by occupational safety and health prevention services in order to prevent occupational injury and diseases, and that the Standard applies throughout the national territory and in all workplaces.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

Legislation. The Committee notes with satisfaction the adoption of Mexican Official Standard NOM-030-STPS-2006 concerning occupational safety and health services, which lays down the guidelines for developing and promoting such services and the adoption of which has been requested by the Committee for a number of years with reference to Instruction No. 24, which formed the basis for this Mexican Official Standard. The Committee notes, however, that it requires more detailed information in order to clarify certain points, which will be dealt with in a direct request.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information supplied by the Government in its reports. It notes the legal instruments adopted in recent years, particularly the Federal Regulations on Occupational Safety and Health and the Working Environment (RFSHMAT), issued by the Ministry of Labour and Social Welfare and published on 21 January 1997.

The Committee notes with interest the information on the measures taken to give effect to the provisions of Article 7, paragraph 1 (organization of health services), Article 10 (professional independence of occupational health services personnel) and Article 12 (regular surveillance workers’ health during working hours).

1. The Committee notes the Government’s reference to section 3, title XI of the Federal Law on Metrology and Standardization. It requests the Government to indicate whether the draft of Instruction No. 24 has been adopted and, if so, to provide a copy of it.

2. Article 5(b), (d), and (e) to (h) (functions to be performed by the occupational health services). The Committee notes the information that, pursuant to section 143 of the RFSHMAT, the operation of the occupational health services shall be conducted in accordance with the corresponding standard, which establishes the following general functions: implementation of the preventive health programmes established in enterprises, in coordination with the preventive occupational safety and health service; issuing opinions on the degree of incapacity and the origin of the occupational disease or accident; advising the employer on occupational health; sending the employer the results of medical examinations to ascertain the fitness of workers; and, cooperating in the guidance or, where appropriate, training of workers in occupational risk prevention. The Committee requests the Government to specify the standard referred to in its report and to provide a copy of it, if available.

3. Article 9 (multidisciplinary nature of occupational health services and cooperation between the latter and other services in the undertaking). The Committee notes that a preliminary draft of a standard (Instruction No. 24) provides for coordination between the preventive medicine services and the preventive occupational safety and health services, and establishes that the services must be multidisciplinary and determined on the basis of potential risk. The Committee requests the Government to indicate the provision that gives effect to this Article of the Convention.

4. Article 15 (requirement to inform occupational health services of occurrences of illness and absence from work for health reasons). The Committee notes that the preliminary draft of a standard (Instruction No. 24) impose on employers the requirement to notify any absence on health grounds to the preventive occupational medicine services. The Committee requests the Government to indicate the provision that gives effect to this Article of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided in the Government's latest report, particularly as concerns the numerous practical steps taken by the competent authority with respect to the monitoring of the working environment and the preventive measures to improve working conditions. It further notes that the draft Instructions (No. 24) concerning occupational health services prepared by the Instructions Subcommittee of the National Consultative Committee on Occupational Safety and Health have not yet been published in the Official Bulletin, thus its application has not yet been possible. The Committee hopes that this Instruction will be published in the near future and that it will provide measures for the continual development of occupational health services for all workers, in accordance with Article 3 of the Convention. The Government is requested to indicate the measures taken to ensure the functions, organization and conditions of operation of the occupational health services along the lines of its previous comments on 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 forth the functions which occupational health services should be empowered to carry out. 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. The Committee hopes that the new Instruction on occupational health services will ensure that such services have the following functions: to survey sanitary installations, canteens, housing; to test and evaluate equipment; to advise on protective equipment; to survey workers' health for a particular job prior to assignment; to promote adaptation of the work to the worker; and to contribute to measures of vocational rehabilitation.

Article 7, paragraph 1. The Committee hopes that measures will be taken to establish occupational health services for enterprises with less than 100 workers.

Article 9. The Committee hopes that the new Instruction 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.

Article 10. In its previous comments, the Committee noted the indication in the Government's report for the period ending 30 June 1991 that the personnel of occupational health services were part of the enterprise which pays them. The Committee hopes that the new Instruction will provide the necessary measures to ensure the professional independence for the occupational health service personnel.

Article 12. The Committee notes the information provided by the Mexican Institute of Social Security with the Government's report that workers may go to medical services at any time in the course of their work. It recalls that this provision of the Convention concerns the regular medical examinations forming part of the surveillance of workers' health. It hopes that the necessary measures will be taken to ensure that, as far as possible, the regular surveillance of workers' health in relation to work takes place during working hours.

Article 15. The Committee notes the indication in the Government's latest report that the National Advisory Committee on Occupational Safety and Health, along with the Sub-Committee on Information and Statistics have set the establishment of an Integrated System for the Information of Occupational Hazards as a fundamental objective. The Committee hopes that the necessary measures are taken to ensure that the occupational health services are regularly 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.

Point VI of the report form. The Committee notes the statistics provided in the Government's report concerning the number of Joint Occupational Safety and Health Committees created up to November 1992. The Committee requests the Government to provide statistics on the number of occupational health services established by virtue of section 213 of the General Occupational Safety and Health Regulations (RGSHT) and the number of workers who have access to these services.

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

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.

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

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.