Radiation Protection Convention, 1960 (No. 115) - Mexico (Ratification: 1983)

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 2015, published 105th ILC session (2016)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Articles 3(1) and 6(2) of the Convention. Maximum permissible doses of ionizing radiation. The Committee notes the information provided by the Government in its report, and particularly the new Mexican Official Standard NOM-012-STPS-2012 which establishes occupational safety and health conditions in workplaces using sources of ionizing radiations and sets out, inter alia, the obligation of employers to prevent the dose exposure limits from exceeding those set out in the General Radiological Safety Regulations of 1988. The Committee notes that, in accordance with sections 6, 20, 21 and 31 of those Regulations: (1) the internal occupational radiation exposure limit in any single year is the equivalent of the effective dose of 50 mSv (5 rem); (2) the effective dose to the lens of the eye of 150 mSv (15 rem); and (3) the effective dose to any other organ or tissue of 500 mSv (50 rem). Furthermore, in the case of students between 16 and 18 years of age, the radiation exposure limit to the whole body in any single year is 15 mSv. Referring to paragraphs 11, 13, 32 and 34 of its 2015 general observation, the Committee wishes to draw the Government’s attention to the most recent recommendations of the International Commission on Radiological Protection (KRP), according to which the limits should be: (1) 20 mSv per year averaged over defined five-year periods, with a maximum of 50 mSv effective dose in any one year; (2) an equivalent dose for skin and the hands and feet of 500 mSv per year; and (3) an equivalent dose to the lens of the eye of 20 mSv per year, averaged over defined periods of five years, with no single year exceeding 50 mSv per year. For apprentices or students between 16 and 18 years of age, the limits are the following: (a) an effective dose of 6 mSv in a year; (b) an equivalent dose to the lens of the eye of 20 mSv in a year; and (c) an equivalent dose to the extremities of 150 mSv in a year. The Committee requests the Government to provide information on any measures adopted to revise the established maximum permissible doses, particularly concerning ionizing radiation to the lens of the eye, in the light of the current knowledge in the area.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. In its previous comments, the Committee requested the Government to provide information on the application in practice of the Collective Labour Agreement 35/XXII, concluded between the United Trade Union of Workers in the Nuclear Industry and the National Nuclear Research Institute. The Committee notes the information provided by the Government, according to which persons occupationally exposed must undergo medical examinations every six months and, in the event that those workers have been affected by doses exceeding the limits and cannot continue to carry out the work of the post they occupy, they must be assigned another post that is compatible with their capacities, without any loss of salary or other benefits. The Committee also notes the specific procedures to give effect to the collective agreement and that, to date, only one case has been registered of removing a worker further to medical advice.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Maximum permissible doses of ionizing radiations. In its previous comments the Committee noted that Mexican Official Standard NOM-012-STPS-1999 replaced the 1993 standard but that it set no maximum limit of exposure for the various categories of workers. The Committee noted that in accordance with the National Standardization Programme, a working group of specialists would revise Mexican Official Standard NOM-012-STPS-1999 during the period 2004–05. According to the Government, in this overall revision to bring the standard up to date, the maximum permissible exposure limits for workers deemed to be occupationally exposed will be taken into consideration. The Committee notes that in its latest report the Government states that the General Radiological Safety Regulations and Mexican Official Standard NOM-012-STPS-1999 are still in force but provides no information on the abovementioned revision. The Committee hopes that the Government will expedite work to include provisions setting the maximum doses recommended by the International Commission on Radiological Protection (ICRP) in 1990, as reflected in the Basic Safety Standards for Radiation Protection and referred to by the Committee of Experts in its general observation of 1992. It also trusts that the Government will reconsider drafting new general regulations on radiological safety. It requests the Government to provide information on all progress made in revising the abovementioned legislation.

Accidents and emergencies. The Committee trusts that in the course of the overall revision of NOM-012-STPS-1999 account will be taken of the elements set out in paragraphs V.27 and V.30 of the Basic Safety Standards for Radiation Protection and in paragraphs 23–27 and 35(c) of the Committee’s 1992 general observation on the Convention, and requests the Government to provide information on all developments in this regard.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. In its previous comments the Committee noted that Collective Labour Agreement 35/XXII, concluded between United Trade Unions of Workers in the Nuclear Industry and the National Nuclear Research Institute places particular emphasis on so-called “occupationally exposed” workers, who are required by law to undergo medical and clinical examinations every six months to verify compliance with the system of dose limits; that, where the workers concerned cannot continue to perform the tasks placing them at risk, the establishment must reassign them to a job suited to their skills and maintain, without any reduction, the wage corresponding to the job occupied at the time of exposure to the risk; where it is not possible to reassign the worker, the provisions of the Occupational Risk chapter of the Institute for Safety and Social Services of State Workers Act and the provisions of the abovementioned collective agreement are to be applied through the Safety and Health Committee. The Committee sought information on the effect given in practice to the collective agreement, but notes with regret that the Government repeats the provisions of that agreement but provides no information on the effect given to it in practice. The Committee again asks the Government to provide information on the effect given in practice to the abovementioned collective agreement as it concerns alternative employment, and to indicate the measures taken to ensure that no worker shall be employed, or shall continue to be employed, in work by reason of which the worker could be the subject of exposure to ionizing radiation contrary to medical advice and that for such workers, every effort is made to provide them with suitable alternative employment or to offer them other means to maintain their income and requests the Government to keep it informed in this respect.

Part III of the report from. Inspection services responsible for supervising application of the provisions of the Convention. The Committee notes that as from 1 January 2007, changes were introduced in the organizational structure of the National Nuclear Safety and Safeguards Commission and that the Directorate of Operational Supervision was set up to be in charge of carrying out the procedures for programming, planning and implementation of the inspection, auditing, recognition and verification of radioactive facilities. According to the report, this ensures better coverage of high-risk facilities.

Part V of the report form. Application in practice. The Committee notes that according to the report, in 2008 a programme was started to measure incorporated radio activity in workers operating open sources of radiation in order to determine incorporations and keep a check on annual ingestion limits. At 31 May 2009, 61 thorax and thyroid measurements had been conducted on authorized workers in nuclear medicine services. It also notes that between July 2004 and July 2009, for 14,188 staff occupationally exposed, 1,979 inspections of radioactive facilities were carried out. The Committee notes that the Government has not provided the extracts of inspection reports requested. The Committee again asks the Government to provide information on the number of workers covered by the Convention countrywide and the number and nature of infringements reported by the labour inspectorate, indicating the main trends and the measures to deal with them and providing documentation from the labour inspectorate such as extracts of inspection reports.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report and the relevant legislative texts attached, namely the Official Mexican Standard NOM‑012‑NUCL-2002 on requirements and calibration of ionizing radiation monitors, establishing the technical parameters and minimum infrastructure requirements for the calibration of instruments to measure ionizing radiations, and the Official Mexican Standard NOM-008-NUCL-2003 on radioactive contamination control, specifying the criteria under which controls have to be established to minimize the exposure of personnel who are occupationally exposed to surface and airborne radioactive contamination.

2. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Maximum permissible doses of ionizing radiations. The Committee notes the Government’s reference to section 79 of the Federal Occupational Safety, Health and Working Environment Regulations of 1997, by virtue of which work centres in which sources of ionizing radiations are produced, used, handled, stored or transported shall obtain the corresponding permits issued by the National Commission on Nuclear Safety and Security and that, for the purposes of occupational safety, health and the working environment, the employer shall keep registers recording, evaluating and controlling such radiations, under the terms and conditions specified by the applicable standards, irrespective of the provisions of other laws or regulations. Taking into consideration these general provisions, the Committee refers to its previous comments in which it noted the absence in the Official Mexican Standard NOM-012-STPS-1999 of dose limits for workers directly engaged in radiation work. It also noted the Government’s indication in its report in 2000 to the effect that draft general regulations on radiological security had been completed in 1999 incorporating the principles set out in the International Basic Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources of 1990, and that the draft regulations would be discussed among the institutions involved no later than the first half of 2001. In its most recent report, the Government indicates that new regulations on the subject have not been published and that consequently the text published in the Official Bulletin of the Federation on 22 November 1988 remains in force. Noting that the Official Mexican Standard NOM-012-STPS-1999 replaced the 1993 Standard and that, nevertheless, it does not establish dose limits for exposure for the various categories of workers, the Committee notes from the Government’s latest report that, in the context of the National Standardization Programme, a working group with specialists will commence the revision of the Official Mexican Standard NOM‑012-STPS-1999 during the period 2004-2005. According to the Government, during this overall revision to bring the standard up to date, the maximum permissible exposure limits for workers considered to be occupationally exposed will be taken into consideration. In this respect, the Committee trusts that the Government will not fail to incorporate the dose limits established by the International Commission on Radiological Protection (ICRP), as well as in its 1992 general observation, for the various categories of workers, as reflected in the International Basic Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources of 1990. It also trusts that the Government will once again reconsider the preparation of the new draft general regulations on radiological safety. The Committee requests the Government to provide a copy of the above texts once they have been adopted.

3. Accidents and cases of emergency. The Committee notes the information provided by the Government in its last report concerning a revision of the Official Mexican Standard NOM-012-STPS-1999 undertaken by a working group in the context of the National Standardization Programme. The Committee trusts that in the context of this overall revision account will be taken of the elements set out in paragraphs V.27 and V.30 of the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources and in paragraphs 23-27 and 35(c) of the Committee’s 1992 general observation on the Convention.

4. Alternative employment (Article 14). With reference to its previous comments, the Committee notes the Collective Labour Agreement 35/XXII concluded between the United Trade Unions of Workers in the Nuclear Industry and the National Institute of Nuclear Investigation, which focuses on the existence of possible effects from exposure to ionizing radiations and includes clauses on the prevention of the harmful effects of exposure, social protection and safety measures which are to be provided for workers. The Committee notes that the agreement places special emphasis on so-called “occupationally exposed” workers, who are obliged to undergo medical and clinical examinations every six months with a view to verifying compliance with the system of dose limits; in cases in which the workers concerned cannot continue the job which places them at risk, the establishment has to reassign them to a job that is compatible with their capacities, maintaining the wage corresponding to the job occupied at the time of exposure to the risk, without any reduction; and when the worker concerned cannot be reassigned, the provisions of the Occupational Risk Chapter of the Act respecting the Institute for Safety and Social Services of State Workers, as well as the provisions of the present agreement, are to be applied through the Safety and Health Committee. The Committee requests the Government to provide information in its next report on the effect given in practice to the provisions contained in the Collective Labour Agreement 35/XXII.

5. Article 15 and Part III of the report form. Inspection services responsible for supervising the application of the provisions of the Convention. The Committee notes with interest the information concerning the organization, powers, functions, etc. of the National Commission on Nuclear Safety and Security which, by virtue of the Legislative Regulations issued under Article 27 of the Constitution respecting nuclear matters, is empowered to conduct inspections, hearings, controls and verifications of radioactive and nuclear installations. It also notes the information on the qualifications and training required of members of the inspection services.

6. Part V of the report form. Application of the Convention in practice. The Committee notes that, during the period between 1 July 2000 and 31 May 2004, the National Commission on Nuclear Safety and Security undertook 1,716 inspections of enterprises, institutions and persons using sources of ionizing radiations. These inspections gave rise to 22 financial penalties, the ordering of security measures in 96 cases and, in 14 cases, the retention of sources of ionizing radiations. During the above period, there were 37 cases of emergencies involving sources of ionizing radiations, which were dealt with by the Radiological Emergency Organization of the National Commission on Nuclear Safety and Security. Most of the cases concerned the loss or theft of sources of ionizing radiations and accidental overexposure, which did not go beyond the statutory limits set out in the General Radiological Safety Regulations. The Committee requests the Government to provide with its next report extracts of inspection reports indicating the outcomes of the inspections referred to and recommendations to improve the situation and resolve existing problems. It further requests the Government to continue providing information on the application of the Convention in practice in the country.

7. The Committee notes the comments made by the Confederation of Chambers of Industry of the United States of Mexico, included in the Government’s report. The Confederation referred to its active participation in the National Advisory Commission on Occupational Safety and Health Standards for the formulation and revision of the Official Mexican Standards on the subject, and particularly NOM-012-STPS-1999. The Confederation indicates that this Standard contains various provisions relating to enterprises or institutions covered by the Standard, including protection measures for workers and maximum exposure times for persons carrying out activities in establishments in which ionizing radiations are emitted.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

I. The Committee notes the information provided by the Government’s report. It notes with interest the Federal Regulation on Safety, Health and the Working Environment of 21 January 1997; the Official Mexican Standard NOM 026-NUCL-1999 of 29 April 1999, adopted after discussion between the Secretary of Energy and the National Commission of Nuclear Safety and Security, on the medical supervision of persons exposed to ionizing radiations in the course of their work; the Official Mexican Standard NOM-012-STPS-1999 of 20 December 1999, issued by the Secretary of Labour and Social Provision, on safety and health conditions in workplaces producing, using, handling, storing or transporting sources of ionizing radiations; and the Official Mexican Standard NOM-031-NUCL-1999 of 2 December 1999, issued by the Secretary of Energy through the National Commission of Nuclear Safety and Security, on the qualification and training requirements of personnel exposed to ionizing radiations in the course of their work.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes that section 5.4 of the Official Mexican Standard NOM 012 STPS-1999 of 20 December 1999 fixes the maximum dose limit of exposure to ionizing radiations for pregnant women directly engaged in radiation work at 15 mSv/year. Section 5.4 further provides that pregnant and nursing women must not work in workplaces where the risk of incorporation of radioactive materials exists. The Committee would draw the Government’s attention to paragraph 13 of its 1992 general observation under the Convention as well as to paragraph I.17. of the International Basic Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources reflecting the 1990 International Commission on Radiological Protection (ICRP) Recommendations, according to which, once the pregnancy is declared, the working conditions in respect of occupational exposure have to be modified in a way as to ensure that the embryo or foetus is afforded the same broad level of protection as required for members of the public, which, for their part, are not supposed to be exposed to more than 1 mSv per year. In addition, the unborn child is to be protected by applying a supplementary equivalent dose limit to the surface of the woman’s abdomen (lower trunk) of 2 mSv. The Committee would therefore invite the Government to reconsider the dose limit established for pregnant women workers in the light of the above indications. The Committee further notes that, apart from the dose limit fixed for exposure to ionizing radiations of pregnant women workers, the Official Mexican Standard NOM 012 STPS-1999 does not provide for dose limits to be fixed for workers directly engaged in radiation work. In this respect, the Committee notes the Government’s indication that a new draft regulation on radiological security, which incorporates the principles reflected in the international Basic Standards for Protection against Ionizing Radiation of 1994, has been completed in 1999, and that this draft will be discussed amongst the institutions involved during the second semester of 2000 and the first semester of 2001. The Government estimates that the said draft will be adopted in the year 2002. In this context, the Committee states that the Government had indicated in its report of 1994 that the Official Mexican Standard NOM-012-STPS-1993 on safety and health conditions in workplaces producing, using, handling, storing or transporting sources of ionizing radiations, was being reviewed and that the criteria and dose limits established by the ICRP would be incorporated into this standard. Noting that the Official Mexican Standard NOM-012-STPS-1999 replaced the Standard of 1993 which, however, does not contain dose limits of exposure for the different categories of workers, with the exception of pregnant women directly engaged in radiation work, the Committee trusts that the Government will not fail to incorporate the dose limits fixed by the ICRP and which are reflected in the international Basic Standards for Protection against Ionizing Radiation of 1994 in the new draft regulation on radiological security. The Committee requests the Government to supply a copy of the new regulations on radiological security, once they have been adopted. In this context, the Committee further notes that section 3 of the above Official Mexican Standard refers, inter alia, to the Standard NOM-005-NUCL-1994 on Annual Limits of Incorporation (LAI) and Concentrations Derived in the Air (CDA) for occupational exposed workers. The Committee therefore requests the Government to indicate whether this Standard provides for dose limits of occupational exposure of workers directly engaged in radiation work as to ensure effective protection of all workers against ionizing radiations. It requests the Government to supply a copy of the Standard NOM-005-NUCL-1994 for further examination.

2. Accidents and cases of emergency. The Committee notes with interest the Government’s indication that a new draft of the General Radiological Safety Regulations has been elaborated, which is based on the International Basic Safety Standards of 1994 and the Recommendations adopted by the ICRP in 1990. In consequence, the actual maximum permissible dose limits for interventions in emergency situations to be found in the present General Radiological Safety Regulations will be replaced by including the criteria established by the ICRP in 1990, which are reflected in the 1994 International Basic Safety Standards. The Committee accordingly hopes that the new General Radiological Safety Regulations will be adopted soon and will reflect the elements revealed in paragraphs V.27. and V.30. of the 1994 International Basic Safety Standards and in paragraphs 23 to 27 and 35(c) of the Committee’s 1992 general observation under the Convention, in which the Committee refers to the criteria established by the ICRP in 1990. It further requests the Government to supply a copy of the new General Radiological Safety Regulations once they have been adopted.

3. Alternative employment. The Committee notes that the Government’s report does not contain any information with regard to alternative employment to be provided to workers whose continued assignment to work involving exposure to ionizing radiations is contraindicated for health reasons. In its previous report the Government had indicated that, in accordance with sections 498 and 499 of the Federal Labour Act, in cases where a worker is the victim of an accident and cannot perform his or her work, but some other work, the employer is obliged to provide such work, in accordance with the provisions of the collective labour agreement. The Committee therefore requests again the Government to indicate, in its next report, the respective collective agreements, applicable to enterprises working with ionizing radiations, under which the employer is required to provide alternative employment which does not involve exposure to ionizing radiations for workers who have accumulated an effective dose beyond which detriment considered unacceptable may occur. It further requests to transmit copies of such collective agreements.

4. Part V of the report form. The Committee notes the that the National Commission of Nuclear Safety and Security has carried out, during the years 1994 to 1999, 2,530 inspections in undertakings using ionizing radiation sources. In the framework of the inspections, 154 preventive measures have been taken, such as maintenance and safeguarding of equipment and radioactive sources. In addition, four sanctions have been imposed as well as 14 warnings. During this period, 88 radiological incidents have been stated which, however, did not lead in any case either to radiological or to economic consequences. All incidents have been mastered in a satisfactory manner. Moreover, the Federal Conciliation and Arbitration Council indicated that, during this period and with a view to this Convention, a collective agreement has been concluded between the National Institute of Nuclear Investigation and the United Trade Unions of Workers in the Nuclear Industry. This agreement focuses on the protection against ionizing radiations and is effective for two years (2000-02). The clause on medicine of nuclear work provides that the undertaking shall develop a programme on medicine of nuclear work which covers the following aspects:

-  study on effects of radiation on human beings; and

-  the contracting parties commit themselves to carry out a detailed study on all risks workers are encountering at the undertaking so as to provide to workers the necessary preventive measures as well as to establish an adequate diagnosis and therapy with regard to the risks at work.

The Committee notes this information with interest and invites the Government to continue to provide information on the practical application of the Convention in the country.

II. The Committee notes the comments made by the Confederation of the Industrial Chambers of the United Mexican States (CONCAMIN), which were provided with the Government’s report. The CONCAMIN points out that it participated directly and in a proactive manner in the work of the National Consultative Commission on the Normalization of Safety and Health matters when the latter had elaborated the standard NOM-012-STPS of 1993. In the same way, the process of analysing continues as to the required adequate measures, which would respond to the present preventive demands.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the information provided by the Government in its last report, as well as the draft standards respecting safety and health conditions in workplaces in which sources generating or emitting ionizing radiation capable of contaminating the work environment are handled, stored or transported (NOM-012-STPS-1993).

1. Articles 3, paragraph 1, and 6, paragraph 2, of the Convention. In accordance with these provisions, all appropriate steps shall be taken to ensure effective protection of workers against ionizing radiations, and maximum permissible doses and amounts shall be kept under constant review in the light of the available knowledge. The Committee notes the information provided by the Government concerning the preparation and submission for discussion of the draft standard NOM-012-STPS-1993, with a view to its adoption. According to the Government's indications, the standard determines, among other matters, the revised maximum doses for occupational exposure. According to the information provided, the criteria, set out in this standard will be harmonized with those established in the General Radiological Security Regulations, bring up to date the limits of superficial contamination in accordance with the recommendations of the International Commission on Radiological Protection (ICRP) and incorporate the concept of radiological health protection with a view to changing the medical examinations of workers. The Committee also notes the information concerning the participation of the Government in the preparation of the international Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources (which were adopted and published in 1994) and that the Government envisages adopting them as a basis for its next review of the national regulations in a legislative process which lasts approximately three years. The Committee requests the Government to report on the progress made in law and practice in this respect.

2. Accidents and cases of emergency. The Committee notes the information provided concerning the measures required in abnormal situations. The Government defines abnormal conditions in its report as being those in which sources of irradiation are out of direct control and can only be limited through the application of corrective measures. From the information provided, the Committee notes that different maximum permissible doses are established for different situations (General Radiological Safety Regulations, Title III, sections 47 and 48). In operations which are designed to save lives or prevent the irradiation of a large number of persons, the estimated maximum limit of the effective dose will be 1 Sv; for hands and forearms it will be 3 Sv. In the case of the various situations referred to above, such as protecting valuable installations or controlling fires, the maximum dose limit will be 250 mSv, and for the hands and forearms it will be 1 Sv. With reference to paragraphs 23 to 27 and 35(c) of its general observation of 1992, and to paragraphs V.27 and V.30 of the international basic standards of 1994, the Committee draws the Government's attention to the need to ensure that immediate and urgent remedial work is strictly limited to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value, nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve an excessive expense. The Committee requests the Government to indicate in its next report the measures which have been adopted or are envisaged in relation to the new exposure limits for abnormal circumstances established by the ICRP in 1990, and the questions raised in paragraph 35(c) , particularly regarding the acquisition of effective robotized equipment or other techniques avoiding exceptional exposure of workers.

3. Alternative employment. Article 14. The Committee notes the information provided by the Government previously with regard to alternative employment in cases where, for reasons of health, the worker is advised from a medical point of view to interrupt work which involves exposure to ionizing radiations. The Committee notes the information that, in accordance with sections 498 and 499 of the Federal Labour Act, in cases where a worker is the victim of a risk and cannot perform her or his work, but some other work, the employer is obliged to provide such work, in accordance with the provisions of the collective labour agreement. The Committee requests the Government to indicate in its next report any collective agreements in enterprises which work with ionizing radiations under which the employer is required to provide alternative employment which does not involve exposure to ionizing radiations for workers who have accumulated an effective dose beyond which detriment considered unacceptable may occur, and to transmit copies of such collective agreements.

The Committee notes the detailed information provided in relation to Article 13. The Committee notes the information concerning the inspection activities carried out by the National Nuclear Safety and Safeguards Commission and would be grateful if the Government would continue providing information on the manner in which the Convention is applied in practice, as requested in Part V of the report form.

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

The Committee notes with interest the information provided by the Government in its report as concerns the application of Articles 8, 9 and 13(c) of the Convention. The Government is requested to provide further information in its next report on the following points:

1. Article 3, paragraph 1, and Article 6. The Committee notes with interest that the formula used for establishing dose limits in Instruction No. 12 concerning safety and health in workplaces involving exposure to ionising radiations has been repealed. It notes that Title III of Chapter III of the General Regulations on Radiological Safety of 1988 fixes new maximum dose limits equivalent to those established in 1977 in Publication No. 26 of the International Commission on Radiological Protection (ICRP). In this regard, the Committee would refer the Government to its General Observation under this Convention which sets forth, inter alia, the revised dose limits in occupational exposure established on the basis of new physiological findings by the ICRP in its 1990 Recommendations. The Government is requested to indicate, in its next report, the steps taken or envisaged to revise in the light of current knowledge, its legislation in respect of maximum permissible dose limits as well as in relation to the other matters raised in the conclusions to the General Observation.

2. Article 13(d). The Committee notes with interest the Government's indication in reply to its previous direct request that the employer must take corrective measures of a technical nature when the maximum permissible levels of exposure to ionising radiations have been exceeded. It notes in particular the Government's indication that, by virtue of section 136 of the General Occupational Safety and Health Regulations, the employer must adopt one of the following measures: replace or modify the substances or agents which have caused the contamination with other harmless substances; reduce the contamination to the minimum and change the work processes. Furthermore, the Committee notes that, under Regulation 182 of the Regulations on Radiological Safety, the National Commission on Nuclear Safety and Protection (CNSNS) has the power to, inter alia, temporarily close all or part of the radioactive installation or contaminated buildings, or permanently close them. Under Regulation 251, inspectors have this same power if anomalies or deficiencies exist implying a danger or imminent risk to occupationally exposed workers or the society in general. In this regard, the Committee would refer the Government to its General Observation under this Convention and under Convention No. 139 and requests the Government to indicate whether any of the above measures have been used in practice and, if so, to provide details in its next report.

3. The Committee notes that Regulation 55 of the Regulations on Radiological Safety provides that workers occupationally exposed to over 100 mSv must undergo a medical examination and may be able to continue their routine work if it is not medically inadvisable, taking into account previous exposure, health, age, special qualifications and the worker's economic and social responsibilities. In this regard, the Committee would refer the Government to paragraphs 28 to 34 of its General Observation under this Convention and requests the Government to indicate, in its next report, the steps taken or being considered to provide workers with alternative employment who, for health reasons, are medically advised to stop work involving exposure to ionising radiations.

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

I. The Committee notes the information supplied in the Government's report and requests the Government to provide additional information on the following points:

Article 6 of the Convention. The Committee notes that the working group on the revision of Instruction No. 12 has recommended that the formula D = 5 (N - 18) be eliminated. Please indicate whether this recommendation has been approved.

Article 8 of the Convention. The Committee notes the information supplied by the Secretary of Health which asserts that the level of exposure for workers who are not directly engaged in radiation work, but who may be exposed to ionising radiations, is fixed at the same level as the level applicable to the general public (.5 rem). The Committee would draw the Government's attention to the ILO Code of Practice for the Radiation Protection of Workers which refers to the International Commission on Radiological Protection's (ICRP) statement of 1985. According to the ICRP statement, a subsidiary dose limit of 5 mSv (.5 rem) per year for some years is permissible, provided that the average annual dose equivalent over a lifetime does not exceed the principal limit of 1 mSv in a year. Please indicate the measures taken to ensure that the exposure to ionising radiations of workers not directly engaged in radiation work does not exceed an average annual dose of 1 mSv.

Article 9. The Committee notes that section 5 of Instruction No. 12 requires the employer to inform workers of the health risks from exposure to ionising radiations and to establish a register for information concerning exposed workers. The Committee would recall that, under this Article, workers are to be instructed in the precautions to be taken for their protection. In this regard, the Committee would draw the Government's attention to Section 2.4 of the ILO Code of Practice for the Radiation Protection of Workers which contains general principles for informing, instructing and training workers. It requests the Government to indicate the measures taken to ensure that workers are instructed in the precautions to be taken for their protection.

Article 13(c). The Committee would recall that, by virtue of this provision, circumstances are to be specified whereby persons competent in radiation protection may examine the conditions in which the workers' duties are performed. The occurrence of such inspections may vary with the nature and/or degree of the workers' exposure to ionising radiations, but it is important that these working conditions be examined by a competent person in predetermined circumstances. Please indicate the circumstances, prescribed by laws or regulations or codes of practice, in which, due to the nature and/or degree of the workers' exposure to ionising radiaitons, such inspections shall occur.

Article 13(d). The Committee would recall that, by virtue of this provision, remedial measures are to be taken by the employer because of the nature or degree of exposure in specified circumstances. It notes that section 18(d) of Instruction No. 12 contains provisions for medical examinations when exposure has been at a high level. It requests the Government to indicate the measures taken to ensure that other types of remedial action at a technical level, such as modifications in the work processes, are taken by the employer. In this regard, the Committee refers the Government to Chapter 7 of the ILO Code of Practice for the Radiation Protection of Workers.

The Committee notes the information concerning drafts of additional safety and health regulations particularly as concerns ionising radiation. It requests the Government to indicate any progress made towards the adoption of these regulations and to supply copies of the texts once adopted.

II. The Committee would like to call the Government's attention to the general observation of 1987. In this observation, the Committee had requested information concerning the existence of special measures taken for the application of Articles 6 and 13 in abnormal situations where the levels of exposure to ionising radiations are particularly high. It requests the Government to indicate if any special measures exist in this regard and, if so, to indicate the limits of exposure which have been fixed for workers called to intervene in abnormal situations.