Occupational Safety and Health Convention, 1981 (No. 155) - Mexico (Ratification: 1984)

Individual Case (CAS) - Discussion: 2011, Publication: 100th ILC session (2011)

A Government representative stressed the importance of this issue for the Government. He described the Government’s efforts to locate the workplaces known as coal pits (pozos). It was very difficult to identify these pits, as those who exploited them had no legal obligation to report them and because they were scattered over large areas. Despite these difficulties, in 2011, the Government had implemented a system using satellites to identify the pits in operation. A total of 2.5 million acres had been examined and 563 coal pits had been discovered, of which 297 were identified as active. In a second phase, it was expected that inspections would be carried out in the active pits. He indicated that the number of cases in which measures had not been verified in the operation of underground coalmines at the end of 2010, was 219 and not 899. The discrepancy had arisen because the report submitted by the Government in which that figure appeared corresponded to action taken until June 2010 when many of the verification inspections still had to be carried out. Likewise, the 219 measures which had not been verified related to cases in which workplaces were closed because of weather conditions. With regard to the compensation of the families of the victims of the Pasta de Conchos mine, he reported that the compensation payments had been made, which exceeded the amounts provided for by the labour law. In 2010 the number of miners had increased, while the rate of accidents had decreased, which demonstrated an improvement. He also provided information on the various measures being undertaken by the Government, including the establishment of a subcommittee to develop the National Information System on Occupational Hazards, the electronic register of occupational accidents and diseases, and the multimedia courses on safety in underground coalmining. The labour and mining authorities had also implemented a new system which, when a mine was found not to be in compliance with labour regulations, notified the authorities for the suspension of mining activities. Under this new strategy, 14 cases of mines that posed a risk for workers had already been notified to the mining authorities. Moreover, the federal Government had recently agreed with the Government of the State of Coahuila to undertake various actions, including a joint inspection programme of underground coalmines and a programme for the purchase of clean coal, through which the Federal Electricity Commission (CFE) would only purchase coal from companies that met safety standards.

The Employer members thanked the Government for the information provided. The case had already been discussed twice by the Committee and had been subject to a representation made under article 24 of the ILO Constitution in 2009. Last year’s discussion of the case had resulted in significant progress as regards the entry into force of a new act on worker and health protection in the coalmining industry and measures taken by the Government in cooperation with the social partners. The Employer members asked the Government to reply to the allegations presented, inter alia, by the National Union of Federal Roads and Bridges Access and Related Services of Mexico (SNTCPF), in particular as regards the measures taken to follow up on the recommendations made by the Tripartite Committee. The Employer members referred to a number of specific follow-up measures already undertaken by the Government in this respect. As a result of all the measures reported by the Government, they considered this to be a case of progress. However, the Committee of Experts seemed to have expressed certain doubts as to the effectiveness of the measures taken, which was nourished by the allegations of the unions. The Government was yet to reply with detailed information. In the view of the Employer members, the doubts of the Committee of Experts had gone too far in respect of certain points. For example, the recently adopted Official Mexican Standard NOM032STPS2008 was being used to urge the Government to ratify the Safety and Health in Mines Convention, 1995 (No. 176). The Government noted that its national legislation was not in conformity with Article 13 of Convention No. 176, constituting an obstacle to ratification. The discussion on the General Survey in 2009 had already pointed out the difficulty of the question to what extent workers could withdraw in the event of imminent danger. The Employer members affirmed that the right to cease work could not be a general right. The size and internal organization of the enterprise and the capacity of the workers had to be taken into account. In companies with complex activities, only technical experts could establish whether this right was appropriately exercised. The principle of good faith had to play an important role in this context and the abuse of this right, which could lead to significant damage for the enterprise and other workers, should be prevented. The Employer members welcomed the entry into force of NOM-032-STPS-2008 and, while appreciating the fact that it achieved compliance with numerous provisions of Convention No. 176, it was not the role of the Committee of Experts to urge the ratification of Convention No. 176 when discussing the application of Convention No. 155. They encouraged the continuation of the Government’s progress on the different measures to improve the protection of workers and their health in consultation with the social partners. The Government was asked to reply to the numerous questions of the Committee of Experts and continue its cooperation with the ILO in this regard.

The Worker members recalled that the Committee, once again, had before it the consequences of the serious accident in the Pasta de Conchos mine in 2006 which had cost the lives of 65 miners. In March 2009, the Governing Body had approved a report following a representation concerning the violation of several occupational safety and health Conventions. The Governing Body had made a series of recommendations and entrusted their follow-up to the Committee of Experts and the Conference Committee. Among the recommendations, the Government was called upon to take measures in consultation with the social partners, including the formulation of new safety and health regulations in the coalmining industry in accordance with ILO standards. A new Official Standard was adopted in 2008 with this objective. However, they emphasized that the Standard had not changed anything in the coalmining region of Coahuila. Indeed, mortality had increased by 200 per cent in 2009. There was no register of mines in the region and the new Standard was not respected by employers, and inspections were inadequate. The Worker members noted that a periodic examination had been undertaken of the health situation targeting coalmining. For that purpose, advisory commissions were operating and the National Advisory Committee on Occupational Safety and Health was endeavouring to identify new projects. Other series of measures would be needed for the effective supervision of the effect given to the regulations through adequate and effective inspection. They recalled that the accident at Pasta de Conchos had not been a sudden and unforeseeable tragedy. It had been the consequence of negligence in complying with the safety and health standards. The Mexican labour inspection services had identified failings in relation to safety and health, but no solution had been proposed to resolve the problems. They observed that, according to the Government, measures had been taken in the context of the sectoral objective of promoting and supervising compliance with labour standards, but that the objective only concerned large- and medium-sized mines. The figures provided by the Government could not be used to gain an idea of the extent to which effect was given to the legislation, as 60 per cent of miners were engaged in the informal economy, and the figures did not include undeclared workers. Finally, the Worker members emphasized that the Governing Body had called for appropriate compensation for the 65 families affected and appropriate penalties for those responsible for the accident.

The Employer member of Mexico considered that the present case had its origins in a problem relating to the leader of the miners’ union, who had for some time been involved in a court case, which had resulted in him seeking the support of various persons and organizations. It was for that reason that the union presenting the representation was from a branch not involved in mining. The tragic events at the Pasta de Conchos mine were fortunately an isolated case that had not been repeated. He considered that the case had already been examined in-depth and resolved by the ILO Governing Body in May 2009. In 2010, the Committee of Experts had noted with satisfaction the elaboration, in consultation with the social partners, of Standard NOM-032-STPS-2008 concerning safety in underground coalmines. The report of the Committee of Experts also indicated that the reports requested from the Government had been submitted in full and in due time. Information had been provided on the payment of compensation to the family members of the victims of the Pasta de Conchos mine, which was a matter that did not fall within the scope of the Convention. He added that Mexican legislation not only established mechanisms through which work could be interrupted in areas of imminent danger (sections 14, 23 and 24 of the General Regulations on inspection and the application of sanctions for violations of the labour legislation), but also that failure to adopt safety measures at the workplace constituted grounds for workers to terminate their employment contract for reasons attributable to the employer. He considered that occupational safety was a matter that required constant review, and for that reason it was important to maintain dialogue with the social partners through the National Advisory Committee on Occupational Safety and Health.

A Worker member of Mexico indicated that, since 2006, there had been 124 deaths in the mining sector and that since the previous Conference in June 2010 until today, another 32 miners had died. In Pasta de Conchos, the remains of 63 workers were still trapped in the mine. The Government had opposed the rescue of the remains of the miners, and did not know the number of deaths or of active mining centres in Mexico. In 2010 there were 13 fatalities and as concerns 2011, 22. There were insufficient inspectors and they lacked training and adequate salaries. Labour inspection carried out by the Government itself indicated a worsening of the situation from 2009 to 2010, especially in the prevention of methane gas explosions. Only the employers and the Government had access to labour inspections of the labour authority without the participation of workers. The speaker requested that inspection records be made public and carried out with the participation of workers. According to the Government’s inspections, the situation deteriorated from 2009 to 2010. The speaker condemned the Government’s authorization of the operation of the small mines (pocitos), which had no emergency exits and where 80 per cent of deaths of miners occurred. Most workers in the pocitos had no social security. Pensions for widows of dead miners were very low because they represented only a third of the wages paid to miners. Miners were still not allowed to cease work in the event of danger. Of 25 mines, only one had a collective agreement. Unions were almost non-existent and those existing were manipulated by employers. Mining concessions were granted without control and intermediaries in the mining sector caused fraud and the evasion of social security contributions. In May 2011, an additional 14 miners died. He requested that the ILO should call upon the Government to rescue the bodies of the miners and urgently undertake a direct contacts mission.

Another Worker member of Mexico referring to the Pasta de Conchos mine disaster, stated that 35 of the 65 miners who died had been subcontracted through another company and were therefore not covered by the collective agreement with Industrial Minera México. Their wages and benefits were far below those provided for in the collective agreement and their rights to occupational safety and health and to social security were gravely violated. Such was the situation that had come to light when the disaster had occurred, thereby illustrating the perverse effects of outsourcing. Under another fraudulent scheme of “under-registered” employees (sub-registrados), the subcontracted workers were affiliated to the Mexican Social Security Institute (IMSS), with a daily wage of 110 Mexican pesos (MXN), much lower than the MXN300 earned by unionized workers. As a result, the pensions that the families of the subcontracted workers received were derisory, between MXN2,600 and MXN3,200 per family. According to the Pasta de Conchos families association, there were 277 mining concessions in the state of Coahuila, of which only 24 were registered with the IMSS prior to the third quarter of 2010. That meant that the companies holding the concessions contracted out the work; most of the mines being rented out and exploited or over-exploited as boreholes (pocitos). Many more deaths had resulted from the disaster because of the illegal and systemic outsourcing which was prevalent in Mexico’s mining industry. The speaker urged that the necessary steps be taken to come to the aid of the victims of the Pasta de Conchos disaster and requested that there be an ILO direct contacts mission.

An observer representing the International Trade Union Confederation (ITUC) considered that industrial accidents were avoidable. In Mexico, according to the National Chamber of Transformation Industries (CANACINTRA), one of the country’s enterprise organizations, only three out of ten enterprises provided their workers with appropriate safety equipment. The IMSS recorded approximately 1,400 fatalities nationally as a result of occupational hazards, of which an average of 1,200 were the result of industrial accidents, without taking account of deaths in the informal sector for which no reliable statistics existed. In the last five years, the Pasta de Conchos families association had recorded 124 deaths among miners. The number had increased by more than 100 per cent between 2010 and 2011. The Government recognized, in its fourth report of the Department of Labour and Social Security, that both the number of labour inspections at federal level and the number of joint safety and health committees had fallen. In a country like Mexico, with 112 million inhabitants and an economically active population of 44 million, only one mine exploitation had been closed in the last five years. He recalled that the Governing Body, in the context of the representation on Mexico, had requested the Government to consider ratifying Convention No. 176, but that had not yet occurred. He requested a direct contacts mission to identify and remedy the violations of Convention No. 155.

The Worker member of the United States indicated that, while health and safety conditions were poor in the mining sector in general, the situation in Mexico was far worse in its numerous small mines or “pocitos”, a type of mine exploitation which had long been prohibited elsewhere; they were highly risky, contaminating and inefficient. Though they did not comply with NOM-032-STPS-2008 as they lacked basic safety features, the authorities continued to permit in practice so-called “artisanal mining” in these pocitos, based on an argument that these mines generated employment needed in the region. This kind of employment, however, was highly unsafe, unhealthy and insecure. He indicated that workers in these mines rarely had employment contracts, received little training and were not regularly provided with basic safety equipment. Their working hours could be excessive with little rest. The workforce of these mines was frequently not accurately registered in the IMSS, and the IMSS did little to audit these mines. As a result, in some cases, less than half of the workers were registered and, as a result, workers did not have access to urgent and necessary care in case of accidents. These mines were rarely inspected. He referred in this connection to the 2011 report of the National Human Rights Commission which dealt with the situation of the Lulú mine, at which workers had died in 2009. He was of the view that much remained to be done and that an ILO direct contacts mission would be the appropriate measure at this time to assist the Government in order to enhance health and safety.

The Government member of Argentina, speaking on behalf of the Government members of the Committee, and members of the Group of Latin American and Caribbean countries (GRULAC), emphasized that the Government had duly met its obligation to submit the reports requested for 2010. He stressed that the report of the Committee of Experts showed that the Government had followed up, and provided information on the application of the Convention and had supplied plenty of detailed information on the accident which had occurred at the Pasta de Conchos mine. GRULAC appreciated that the Committee of Experts had reported on what the Government had done and was not particularly concerned as regards compliance with the Convention. GRULAC considered that the progress referred to in the Committee of Experts’ report should be taken into consideration and hoped that the conclusions would take account of the new data and information presented by the Government.

The Government representative acknowledged that the Government had problems with registration in the mining sector, for which reason labour inspections were being carried out in conjunction with other government departments. The Government undertook to provide copies of records of inspections carried out with its next reports, so that they could be analysed by the Committee of Experts. He underlined the effectiveness of the strategy being implemented jointly with the mining authority and the CFE. In the case of subcontracting, the subcontractor would suffer the consequences, as, if the enterprise did not confirm that it was complying with labour standards, it would not be able to sell coal. He stated that, since 2007, the number of inspections at mines had been on the increase. With regard to fatalities, the situation must be seen in context. According to figures from IMSS, in one decade there had been 340 deaths in the mining sector, and 216 in the construction sector in just one year. The speaker expressed the Government’s full readiness to continue submitting information.

The Employer members underlined the importance of reducing and preventing occupational accidents and diseases. Employers had the overall responsibility for occupational safety and health. An approach which encouraged Governments and workers to work together with employers and support their efforts to create a culture of safety and health was the key to success. They encouraged the Government to provide detailed information in order to evaluate the conflicting data presented today. An increase in the number of deaths due to occupational accidents did not necessarily mean a worsening of the situation, but could also indicate increased transparency and improved data collection. The numerous efforts of the Government to improve occupational safety and health had to be continued in cooperation with the social partners. Follow-up measures had to be reported in order to assist the Committee of Experts to provide an even more accurate picture of the situation in practice.

The Worker members recalled that the Government needed to provide information on the number and nature of accidents in the mining sector, both formal and informal, the methods of evaluating risks in the sector, the compensation actually provided, and which ought to have been paid to survivors and to the families of victims, and on the benefits offered to the families of miners without social protection. They emphasized that the issue of compensation was a specific request made by the Governing Body. They considered that the information provided by the Government in the context of the present discussion was inadequate. The following points required answers from the Government: in the case of the Lulú mine and the Ferber mine, a special report needed to be ordered to determine responsibility for the deaths of the miners; the Government had to pay all the workers exposed in those mines the compensation set out in law; all payments to miners for which there were no social security contributions needed to be included in the base for the calculation of contributions for the pensions due to the deceased miners; the Government needed to provide information on the number of under-age workers in coalmines and on the health programme for children; it also needed to provide information on the penalties adopted and the policy concerning fines in the event of the violation of safety rules; it needed to provide a report on the capacity of the IMSS to respond to health problems in coalmines, including the reason for the absence of hospitals specializing in respiratory diseases in the region; and, finally, the Government needed to explain the use that was made of the funds resulting from the payment of fines and how they benefited the population in the coalmining region.

Conclusions

The Committee took note of the written and oral information provided by the Government representative and of the discussions that followed.

The Committee indicated that the observation of the Committee of Experts essentially dealt with the follow-up to the recommendations made by the Governing Body in March 2009 concerning the representation made under article 24 in relation to the accident which occurred at the Pasta de Conchos mine in 2006. In that context, the Committee of Experts referred to the conclusions of the Conference Committee which had examined the case in 2010.

The Committee specifically noted the information provided by the Government on new measures adopted concerning an increase in the Government’s capacity to monitor all types of mines through the introduction of a satellite identification system. This had enabled the identification of 563 pozos (pits), 297 of which were operational and would be inspected. It also noted the information provided concerning the increase in the powers of the labour inspectorate including its ability to order a definitive suspension of activities if the measures ordered in the event of imminent danger were not complied with. In this regard, the Government stated that a reform of the Federal Labour Act (LFT) was pending, which envisaged: compulsory verification of measures ordered by the labour inspectorate for high-risk activities; an increase in the amount of financial penalties; and the designation as a crime the employment of young persons under 14 years of age. The Government also indicated that the labour inspectorate undertook follow-up measures throughout 2010. It also referred to an agreement of 9 May 2011 between the Federal Government and the Government of the State of Coahuila to only buy “clean coal”, i.e. from enterprises which complied with NOM-032-STPS-2008. Acknowledging monitoring problems related to unregistered mines and miners, the Government referred to improved coordination through joint inspections and to the adoption in 2010 of a computerized and coordinated system as part of the National Information System on Occupational Hazards. The Government stated that the number of occupational accidents and diseases had decreased between 2001 and 2010. With regard to the compensation to the families of the victims of the accident in Pasta de Conchos, the Government stated that it was calculated on the basis of fixed parameters and that a sum greater than the one provided for under the LFT had been given as humanitarian assistance to 42 families. The Government indicated that the Director of the Labour Inspectorate had also met the families of the victims and that it would give support to the families until all the cases had been settled.

While noting the steps taken by the Government, the Committee observed that certain problems appeared to persist with regard to the effective implementation of the occupational safety and health legislation, including in small-scale mines (pocitos) and unregistered mines. The Committee requested the Government to provide information on the circumstances in which workers can remove themselves from work in the event of imminent and serious danger to their lives. It noted the discrepancy in the data provided concerning the number of occupational accidents and diseases and in particular the allegation that the mortality rate had significantly increased in 2009. The Committee expressed its concern that occupational safety and health conditions in small-scale and unregistered mines, where the highest rates of fatalities appeared to occur, continued to be below the required standards.

The Committee requested the Government to provide further information on measures taken with a view to addressing all the issues raised in the discussion. This information should include: the number and type of mines in the coal-producing region of Coahuila; the number and nature of accidents in the mining industry, covering the registered and unregistered mines; as well as information on the other issues raised by the Committee of Experts in its latest comments. The Committee again requested the Government to take all possible steps to ensure that the families of the victims of the Pasta de Conchos accident – including families of miners without social protection – received all compensation and benefits due and that their personal safety and dignity be respected. The Committee urged the Government to ensure that all relevant actions and measures would be implemented in close collaboration with the social partners. The Committee asked the Government to send full details to the Committee of Experts for its examination at its next session in November–December 2011. The Committee asked the Government to continue the close cooperation with the ILO and invites it to avail itself of the ILO technical assistance.

Individual Case (CAS) - Discussion: 2010, Publication: 99th ILC session (2010)

A Government representative informed the Committee of the series of programmes that were being implemented by the Mexican Government with a view to ensuring good occupational safety and health conditions for all workers, which was one of its priorities. Referring to the information contained in the report submitted to the Committee of Experts in 2009, he wanted to clarify certain aspects of the statements made by the Committee of Experts in its observation. It was necessary to carry out a comprehensive tripartite diagnosis on safety and health conditions in the coal sector in order to be able to develop a new framework of regulations to protect workers in so dangerous a sector.

He recalled that Mexican Official Standard NOM-032-STPS-2008 concerning safety in underground coalmines had entered into force on March 2009, following a long process of discussion within tripartite committees. Some months before the standard in question had entered into force, the public authorities had publicized its content at all coalmines and a tripartite subcommittee had been established to assess and review its implementation. In addition, workers, employers and labour inspectors had been offered training courses both in Coahuila and in other departments with a view to ensuring its appropriate implementation. A guide on how to evaluate compliance with the Official Standard in practice had also been developed.

With regard to labour inspection measures to ensure appropriate observance of the standard in question, an operation had been launched to inspect all underground coalmines. He emphasized that every inspection visit lasted five days, inspectors followed a specific inspection protocol and the inspections were followed up. The objective of the inspections was to bring about concrete changes and ensure that employers rectified any deficiencies that had been identified, rather than just being punitive in character. In the course of 2009, the inspections had covered 4,627 workers in the coal sector. They had resulted in orders to carry out 1,711 technical measures, of which 313 had been implemented immediately and voluntarily by the employers. A number of worksites had been shut down for refusing to implement the measures required by the inspectors.

With regard to the possible discrepancy in the amount of compensation payable following the Pasta de Conchos mine accident, he indicated that the sum of 750,000 pesos (MXN) per family had been paid in compensation by the company, in addition to the payment of a further MXN80,000, and triple wage rates for each worker’s family over a period of 14 months. Of the 65 families eligible for compensation, only 63 had accepted it. The Government considered that the total sums paid were higher than the compensation required by law. Further compensation could also be paid when current legal procedures had been completed.

Although the national labour policy had been planned as far as this year, it allowed for flexible strategies to allow action in response to situations as they developed. It would, if necessary, be reviewed in due course.

The Employer members said that it was not the first time that the application of Convention No. 155 by Mexico had been discussed. However, it was the first time it was discussed in the context of preventing occupational risks in the mining sector. The case in question concerned a tragic accident at the Pasta de Conchos mine four years ago in which 65 miners had died. The Employer members expressed their sincere and profound sorrow at what had happened and expressed their solidarity with the families of the miners who had lost their lives. This case had already been examined by the Governing Body following a representation submitted by a number of trade union organizations in Mexico. The Governing Body had adopted in March 2009 the conclusions of the tripartite committee set up for that purpose. They emphasized the need for the ILO supervisory mechanisms to be complementary. The discussion by the Governing Body’s tripartite committee had led to a number of important recommendations with regard to many questions relating to the situation in coalmines. The Governing Body entrusted the Committee of Experts with following up on the questions raised in the report and closed the representation procedure.

As a result of the accident, the Government had embarked on a programme of reform with a view to monitoring the application in practice of laws and regulations in a number of mining industry enterprises in the state of Coahuila. One of the most important recommendations made by the Governing Body had been the finalization and adoption of a new regulatory framework for the prevention of occupational risks in the sector, which had led to the Official Standard referred to earlier, and another concerned the need to provide an appropriate and adequate system for labour inspection. The dialogue with the Committee of Experts had been important. One of the most important points was the adoption of the Official Standard in question which was very detailed and had enjoyed a high level of consensus. In relation to this question, the Committee of Experts had shown its satisfaction, and there was clear evidence of progress being made, which should be emphasized. Nevertheless, it was important to ensure full compliance with the Convention by continuing with the regular review of the safety and health situation with particular focus on hazardous activities. The Government had implemented an ambitious programme of action which included measures of value in that area. The Employer members supported the request for additional information made by the Committee of Experts and would allow constant monitoring of the situation.

With regard to the effective application of the new regulatory framework, the Employer members considered the request of the Committee of Experts for additional information to be pertinent. The regulatory framework needed to reinforce the effectiveness of prevention systems, and it was important to know how it was applied in practice. With regard to inspection activities, the Committee of Experts had asked the Government to continue providing information on the follow-up to the deficiencies reported in existing prevention systems, statistical data, as well as information on the new legal framework for improved monitoring following the adoption of the new Official Standard and the real impact of the measures referred to. It was important to enhance dialogue in order to ensure adequate follow-up to the recommendations of the Governing Body.

Lastly, with regard to compensation to the victims, advance payments had been made without prejudice to any ongoing judicial proceedings. While it was important to ensure that compensation was adequate, the changes made in the criteria for assessing compensation levels were a matter that did not come under the terms of the Convention, and there was insufficient information to allow an adequate assessment to be made. The follow-up to the recommendations of the Governing Body should not include a detailed examination of compensation criteria. In any case it was therefore important for the Government to continue providing information on the matters still pending. The Employer Members concluded by emphasizing that significant progress had been made, and that it was essential to maintain and enhance dialogue by supplying detailed information on the questions still pending.

The Worker members recalled that this case concerned the consequences of a serious accident at the Pasta de Conchos mine in 2006 which had cost the lives of 65 miners. In March 2009, the Governing Body had approved a report pursuant to a representation alleging violations of a number of occupational safety and health Conventions. Even before the accident, the federal labour inspectorate had noted deficiencies in that area, but had not ensured that steps were taken to rectify them. The Governing Body had made recommendations and entrusted the follow-up to the Committee of Experts. It had recommended in particular the adoption of a number of measures in consultation with the social partners. The first of those measures was the drawing up and adoption of a new regulatory framework for occupational safety and health in the coal mining industry, in conformity with ILO standards. On that point, a new Official Standard had been adopted at the end of 2008, but workers had not been informed of it and it was not observed by employers. Furthermore, the sanctions which it provided in the event of non-compliance were inadequate. The second measure concerned the periodic review of the situation with regard to the safety and health of workers, with particular attention given to hazardous work activities such as coal mining. In that area, consultative commissions had been at work for some time.

The third series of measures concerned the effective monitoring of the application in practice of laws and regulations through an adequate and appropriate system of labour inspection. The Government had referred to the efforts it had been making in that area, and indicated that following these efforts, the rate of compliance with laws and regulations was 86 per cent. That rate should, however, be 100 per cent in a sector as hazardous as coal mining, but fatal accidents continued to happen in Mexican mines. Since the accident at the Pasta de Conchos mine in 2006, some 41 miners had lost their lives in the same region as a result of safety deficiencies. Official data were not reliable. Sixty per cent of miners were informal workers who enjoyed no social protection. They were not covered by official statistics and the authorities did not keep official records of their deaths. The Mexican Social Security Institute did not carry out inspections in mining areas to verify the status of miners, and the labour inspectorate did not conduct any investigations to identify illegal workplaces. In addition, there was no coordination between the mining, labour and regional government authorities. The problem of inadequate data was one encountered in many countries, as the General Survey on occupational safety health had shown, and the Worker members had recalled in that regard the measures advocated under the ILO plan of action to achieve widespread ratification and effective implementation of the occupational safety and health instruments.

Lastly, the Governing Body had invited the Government to ensure payment of adequate and effective compensation to the 65 families affected by the accident and to ensure that adequate sanctions would be imposed on those responsible. It appeared, however, that the compensation agreed was considerably lower than that initially proposed by the enterprise, and the method of calculation of the damages was not clear. Furthermore, since the families of informal workers enjoyed no social protection, they had no entitlement to social security benefits, including survivors’ benefits, and the families of workers in the formal economy received only low pensions because the official wages of the miners who died were lower than the wages they actually received. In conclusion, the Worker members considered that many clarifications were needed and many measures needed to be taken to follow up the Governing Body’s recommendations.

The Worker member of Mexico referred to the events that gave rise to the case and emphasized that occupational safety and health were fundamental rights. It was inadmissible that workers lost their lives in the place where they went to make a living. The Government needed to take all possible measures to prevent and protect against occupational accidents and illnesses, especially compliance with the obligation to inspect and monitor workplaces. As did other speakers, he recalled that the Committee of Experts had noted with satisfaction the adoption of Mexican Official Standard NOM-032-STPS-2008 on underground coalmine safety and that many meetings had been held within the National Advisory Committee on Occupational Safety and Hygiene (COCONASHT) in order to prevent risks in the coal mining industry. He supported the call made by the Committee of Experts to the Government to guarantee full compliance with the Convention and to continue the regular review and monitoring of the situation concerning occupational safety and health, paying special attention to dangerous labour activities, such as those in the coal mining industry. He also endorsed the request made by the Committee of Experts for the Government to continue providing information on the measures adopted, in consultation with the social partners, on the strategy to be followed to ensure that the labour inspection improved the monitoring of compliance with the recommendations it made when shortcomings were reported, especially in the coal mining industry, as well as providing statistical information showing the degree of compliance with the recommendations of the labour inspection service and the impact of the new Official Standard in improving the situation in the coal mining industry.

As for compensation, it was unclear how compensation would be set for affected families. He supported the request of the Committee of Experts for the Government to provide more information in that regard and to guarantee that all families received adequate and effective compensation in accordance with national legislation. Finally, he emphasized the great importance of the ILO’s adoption of the plan of action to achieve widespread ratification and effective implementation of the occupational safety and health instruments. He expressed the conviction that the promotion of a culture of prevention in the field of occupational safety and health was a basic aspect of improving the protection of those rights.

The Employer member of Mexico referred to a procedural matter. The ILO’s mandate, first and foremost, was to adopt standards and supervise their implementation, for which purpose it had various supervisory mechanisms at its disposal, governed by their own rules. A distinct supervisory mechanism existed for examining representations submitted under articles 24 and 25 of the Constitution. For its part, the Conference Committee was entrusted with examining individual cases concerning the application of Conventions, in accordance with article 23 of the Constitution and article 7 of the Standing Orders of the Conference. Both were tripartite bodies which adopted conclusions. In the cases of Mexico, a representation against the Government for alleged failure to comply with several Conventions, including Convention No. 155, had been presented and examined. As the Committee of Experts had indicated in its observation, the situation related to an accident at the Pasta de Conchos coalmine. The tripartite committee had considered, analysed and reached decisions on the representation, and its conclusions and recommendations had been submitted to, and adopted by, the Governing Body. It was therefore necessary to question the need to further review a case that had already been resolved by one of the ILO supervisory mechanisms which pursued the same goals as the Conference Committee with a similar structure. This was a matter of procedure and legal certainty.

The case of Mexico was one of those on which the Committee of Experts had expressed satisfaction at some of the measures that had been taken by the Government, fundamentally the adoption of Official Standard NOM-032-STPS-2008. Following the tragic events, existing acts and regulations on occupational safety and health, particularly in the coal-mining sector, were being reviewed through social dialogue. The new Standard contained exhaustive and numerous provisions on safety conditions and requirements for facilities and operations at underground coalmines in order to prevent risk to those who worked there. It applied throughout the country and in all locations where such work was carried out. The Committee of Experts had confined itself to requesting information, without making any observation on any failure on the part of the Government to implement the Convention, and considered this case as a case of progress. In conclusion, he urged the Government to continue providing information on legislative developments and compliance with the Convention.

An observer representing the International Trade Union Confederation (ITUC) indicated that one of the main problems encountered by workers was informality. Approximately 60 per cent of mine workers had a “verbal” contract, and thus lacked social security and did not appear in statistics. There were discrepancies in the information transmitted by different bodies. As a result, not many occupational accidents were officially reported, and the country was considered to be one of the best in terms of safety at the international level, even ahead of countries such as France. This was the result of hiding real information. In reality, each year 300,000 occupational accidents occurred in the country. The situation of mine workers when seeking compensation in the case of occupational accidents was difficult because the burden of proof rested on the victim of the accident or, where appropriate, on the widow of the mineworker. Workplaces which were not declared were not liable to inspection. The lack of labour inspection and its shortcomings resulted in impunity. Furthermore, he emphasized that Official Standardard NOM-032-SPTS-2008 was unknown at workplaces. It was therefore necessary to disseminate the Standard as widely as possible, to enable workers to rely thereon. Access to the reports of the labour inspectorate should not be confined to employers’ and workers’ organizations, but should be extended to any worker who so wished. In conclusion, he emphasized that this could help in achieving compliance with standards in that sector.

The Government member of the Bolivarian Republic of Venezuela, speaking on behalf of the Government members of the Committee, Member States of the Group of Latin American and Caribbean States (GRULAC), emphasized that the Committee of Experts had noted with satisfaction the adoption of the Official Standard NOM-032-STPS-2008, which demonstrated the Government’s commitment to bringing its national legislation into line with the Convention. He also drew attention to the meetings of the national advisory committees on occupation safety and health (COCONASHT), which strengthened understanding between governments and the social partners through social dialogue on issues such as the safety and health of workers. The observations of the Committee of Experts highlighted the role of the Government in applying the Convention and he expressed the hope that the conclusions adopted by the Conference Committee would reflect the discussions held, without ignoring the new information, figures and arguments presented by the Government. Lastly, he expressed the firm hope that the Committee of Experts would confine itself to the explicit mandate it had received from the Governing Body.

The Worker member of Brazil observed that the Committee of Experts had noted the adoption of Official Standard NOM-032-STPS-2008, while requesting the Government to provide information on the effect given in practice to the Standard in consultation with the social partners, in accordance with Articles 4 and 7 of the Convention. It had also requested information on the Government’s strategy for the implementation of an adequate and appropriate system of labour inspection and on the criteria applied for the payment of compensation as a result of the accident in the Pasta de Conchos mine. The accident, which had cost the lives of 65 workers, had been caused by the negligence of the employer, which was the largest mining enterprise in the country, as well as that of the Government. In its report on the representation alleging non-observance by Mexico of several occupational safety and health Conventions, the Governing Body had concluded that the Government had not been capable of ensuring the application of the legislation or of occupational safety, health and working environment requirements through an adequate and appropriate inspection system in accordance with Convention No. 155. Social dialogue and tripartism were necessary for the implementation of the instrument. She referred by way of example to her own country, where mines were subject to joint inspections by the Government authorities, as well as representatives of employers and workers. It was also important to adopt legislative provisions on the liability of the employer in the event of wilful negligence or fault resulting in an occupational accident. In addition, it was necessary to adopt measures to encourage employers to adopt preventive measures. As well as establishing machinery to ensure the application of Convention No. 155, following the adoption of the Official Standard referred to above, the Government should ratify the Safety and Health in Mines Convention, 1995 (No. 176).

The Worker member of South Africa emphasized that occupational health and safety was at the essence of decent work. The safety at work of Mexican workers was worrying, and he reaffirmed his solidarity with them. While the Government of Mexico had undertaken some review of the occupational health and safety regulations, workers continued to be subject to hazardous circumstances. Referring to the report of the Governing Body adopted at its session in March 2009 on a representation alleging non-compliance with several Conventions, including Convention No. 155, he said that the conditions which had resulted in the accident in the Pasta de Conchos mine in 2006 had not substantially changed. The Government had also disbursed some of the compensation without full and proper consultation with trade unions. He called upon the Government to undertake a fundamental overhaul of the collective bargaining system to include health and safety at work as a central feature. This required several steps, including bringing an end to employer appointed trade union leaders in mines and the creation of an effective bargaining system that recognized workers and their representative organizations as primary stakeholders with a view to overcoming attempts by the Government to unilaterally impose solutions. It was also necessary to build capacity with regard to the effective monitoring of health and safety standards in mines, with the possible introduction of health and safety stewards in all workplaces, and to improve the inspection of mines and other workplaces, with full transparency of inspection reports to all workers. Lastly, it was critical to develop legislation that criminalized the failure to observe all health and safety standards, imposed liability on companies for the loss of life, injury or harm following an occupational accident and imposed sufficient penalties to address the situation of impunity.

The Worker member of Norway expressed concern at the hazardous working conditions experienced by members of the National Union of Mine and Metal Workers of the Mexican Republic (SNTMMS). Although the main responsibility for regulating the working environment remained with the state authorities, private sector enterprises had an independent responsibility for working conditions in each of their workplaces. Employers had to respect and promote human rights including the creation of decent working conditions and the provision of a living wage to employees. Companies were expected to be familiar with national legislation and international labour standards relating to working conditions. The previous year, the President of the Norwegian Metal Workers had visited Mexico to assess the situation of workers in mining. The President of the union had concluded that investment in the mining company in question constituted a contribution to unethical acts or omissions, and had urged divestment. It was important that the Government of Mexico did all in its power to contribute to a solution of the hazardous working conditions in mines and to compensate the families of dead and injured workers.

The Worker member of Argentina said that the case originated in the tragic deaths of 65 workers at the Pasta de Conchos mine in February 2006. An explosion had occurred during the third shift and it had not been possible thus far to recover the workers’ bodies. The explosion had occurred as a result of failure by the employers to comply with any of the prevention and safety measures in place in the mine and of inadequate inspection by the labour authorities, a fact noted by the tripartite committee that had examined the representation on the case, of which he had been a member. He emphasized the need for a specific plan for hazardous activities in which the lives of workers were at risk. With regard to the Official Standard which the Government had announced was in force, he noted that, however perfect laws might be, they remained a dead letter if the obligations they imposed were disregarded.

The case showed that no personal or collective protective measures were used in the coalmine, and that no preventive measures were taken at the outset or at the various stages of the work. The Government of Mexico needed to provide information on what had been done by the supervisory authority or on a tripartite basis to safeguard the health and the lives of workers in coalmines, and whether there had been real progress. He considered it important that mechanisms be established to supervise the implementation of prevention and safety standards, ensure inspections in coalmines and their follow-up and streamlining administrative procedures with a view to the effective implementation of appropriate safety measures in coal mining, as well as sanctions where appropriate.

With regard to the matter of compensation, he said that payment had to be made swiftly to ensure fairness and prevent the families of the victims from falling into poverty and exclusion.

He added that he had information concerning smaller pits (“pocitos”) that were unregistered, had no mining licence and operated under totally informal conditions. He called for the existence of undeclared mines to be recognized, as they violated the fundamental rights of workers and exposed them to potentially mortal risks. He emphasized that the employers alone were responsible for ensuring appropriate safety conditions in the workplace, and governments were responsible for inspection, monitoring and follow-up to any violations reported. He recalled that in March 2010 the Governing Body approved a plan of action to achieve widespread ratification of Convention No. 155 and its 2002 Protocol, and of Convention No. 187, and that the plan would be extended from 2010 to 2016 and serve as a basic tool at the national and international levels.

He added that between February 2006, when the explosion had occurred at the Pasta de Conchos mine, and the present time, over 40 coalminers had lost their lives as a result of cave-ins or other events that could have been prevented in undeclared mines, which indicated that there were deficiencies in the inspection system. He noted that the workers were in solidarity with the victims’ families, and emphasized that occupational safety and health at work was a pillar of decent work and essential for any enterprise. He concluded that workers needed a strong State to monitor and punish unscrupulous employers who placed workers’ lives at risk in order to make money.

The Worker member of the United States noted that the facts of this case warranted the most serious and careful review by the Conference Committee. Two aspects of the report of the Committee of Experts merited special attention. First, the safety follow-up measures and policies mentioned in the Governing Body’s decision of March 2009, pursuant to articles 24 and 25 of the ILO Constitution; and second, the reference made by the Committee of Experts to consultation with the social partners for the effective implementation of such measures and policies.

With regard to the first issue, the Government’s own statistics revealed that even with the application of the highly advertised standard NOM-032-STPS-2008, the mortality rate for miners from occupational accidents and diseases in the entire Coahuila area had risen by 200 per cent in 2009. The Mexican Miners and Metalworkers’ Union (SNTMMSRM) (MinerosUnion) had petitioned the Federal Labour Department of the State of Sonora to conduct an emergency inspection of the safety and health conditions at the Cananea mine in 2007. In response, the Federal Labour Department of Sonora had inspected the site in April of that year and had ordered 72 measures be taken to reverse the lethal worksite situation, which had many resemblances to the conditions which had contributed to the tragedy at the Pasta de Conchos site one year earlier. In October 2007, independent organizations of occupational safety and health experts, including the Occupational Safety and Health Support Network and the Occupational Health Service, had found dangerous levels of toxins in the Cananea mine. But over the past three years, both the Secretariat of Labour and Social Welfare (STPS) and the company had effectively disregarded nearly all of these findings.

With regard to the second issue, the Government had attempted to repress one of the most important social partners in this endeavour, the Mineros Union. It had done so by withholding legal recognition of the union’s leadership, and by conducting a thorough campaign consisting of prosecution, arrest, harassment, defamation and the freezing of union assets, even though many of the criminal charges against the leaders had been continually overturned in the courts. When the Mineros Union had gone on strike in the company mines in Cananea, Taxco and Sombrerete in 2007 due to the failure of the Company and the STPS to reverse violations found by both the Federal Labour Department of Sonora and by independent experts, the company had asked the Labour Board to dismiss all of the strikers at Cananea based on the argument that the Company could no longer operate the mine profitably, even though it had publicly offered to rehire the workers if they renounced the union. A Court Order issued on 11 February 2007 had allowed the company to dismiss the strikers and effectively eliminate the right to strike over the safety and health violations. Tragically, the Government had made good on its earlier threat to dispatch the federal police to the Cananea mine to forcibly remove the strikers on Sunday night on 6 June. It was also noteworthy that since November 2008 the Government had failed to meet with the Organización Familia Pasta de Conchos, the most representative organization of the families of the victims. In conclusion, he considered that this evidence certainly did not reveal a Government living up to the Governing Body’s recommendation to engage authentically with the relevant social partners to implement the necessary safety and health measures and policies to further compliance with Convention No. 155.

The Employer member of Colombia recalled that he had been a member of the tripartite committee that had examined the representation regarding the case under discussion. He noted certain discrepancies between the report prepared by the tripartite committee and the comments of the Committee of Experts. He indicated that the wording of paragraph 99(f) of the report on the representation indicated “make this report publicly available and close the procedure”. He considered that the case had been closed and that there were no new facts, and that the Committee’s request for information on “other measures” was therefore irrelevant, as the Governing Body report did not explicitly request the Committee of Experts to follow-up the question of compensation since the Governing Body in its report did not specifically ask the Committee of Experts to follow-up regarding the issue of compensation.

The Government representative said that his Government had appeared before the Conference Committee in good faith, but could not let pass certain statements that were inadmissible. For example, it was unacceptable to claim that new Official Standard No. 032 on safety in underground coalmines had not been disseminated and was not applied. The Standard had been published, activities had been organized and brochures published for its dissemination and for compliance. He had in his possession documents demonstrating the dissemination of the Standard and offered to show them as proof of what he was saying. With regard to application and follow-up, he reaffirmed that many activities had been undertaken for the implementation of the Standard. A tripartite advisory commission was following the matter and organizing numerous activities, studies and thematic groups in relation to those activities. Informal worksites were also being identified, although he had not referred to them previously with a view to keeping to the subject of the Convention. With reference to inspection reports, he gave assurances that they were provided to trade unions and to the joint commission. He also referred to the many activities carried out by the labour inspectorate, which he had already described in his first intervention, and which had led to the identification of defects which had been followed up and remedied. He indicated that accidents also had cultural origins. A diploma on prevention in mines was being prepared and a special telephone number had been established through which workers could contact the labour inspectorate so that it could take immediate action in certain circumstances. Commissions had been established on a broad range of issues related to mining, such as ventilation, electricity, audits and risks.

Returning to the subject of informality, he indicated that this related to the informal nature of the worksite and the informal status of workers. In relation to worksites, the labour inspectorate was undertaking campaigns and, in relation to workers, the social insurance system was also taking action. However, these matters were beyond the scope of the present case and the Government had intended to refer solely to occupational safety and health.

The Employer members thanked the Government of Mexico for the information provided. It was clear that progress had been made, and the Government should continue to provide the Committee of Experts with information on the application of Standard NOM-032-STPS-2008 and on labour inspection activities. They also added that it was important to avoid overlap between two supervisory mechanisms

The Worker members recalled that the Governing Body had called on the Conference Committee to follow-up on its recommendations so as to reduce the risks of accidents such as the one that had occurred at Pasta de Conchos. The Government should therefore continue to provide detailed and updated information on: (i) any new developments in the periodical review of occupational safety and health in coalmines; (ii) the number and nature of the accidents that occurred in the mining sector; (iii) the implementation of the new Official Standard on safety in coalmines; (iv) the activities of the labour inspectorate; (v) the situation of the labour administration in relation to the Labour Administration Convention, 1978 (No. 150); (vi) the damages paid by the enterprise Industrial Minera Mexico and the State benefits for the families concerned; and (vii) the social benefits provided to the families of miners who were without protection. Moreover, to be completely satisfactory, the activities, programmes and plans of action should be developed with the participation of the social partners, who should also be involved in their follow-up. The Worker members hoped that the Committee of Experts would examine closely the Government’s next report and that the case would be followed by the Conference Committee.

The representative of the Secretary-General indicated in reply to the comments made by the Employer member of Colombia that the examination by the Committee of Experts of the follow-up to the recommendations of the tripartite committee concerning the issue of compensation to the families of the victims was based on the recommendations made in paragraph 93 of the Governing Body report in which the tripartite committee requested further information to be provided by the Government to the Committee of Experts on the modalities for determining the compensation provided to the 65 families of the deceased miners, expressing the hope that all the 65 families would receive adequate and effective compensation in accordance with national law. Moreover, in the overall conclusions to this representation which were found in paragraph 99 of the report, the tripartite committee entrusted the Committee of Experts with following up all the questions raised in the report.

Conclusions

The Committee noted the information provided by the Government representative and the discussion that followed. The Committee noted that the observation by the Committee of Experts essentially related to the application of the recommendations adopted by the Governing Body in March 2009 in the framework of the representation submitted under article 24 of the ILO Constitution concerning the accident that had occurred in the Pasta de Conchos mine in 2006. The Committee of Experts had noted with satisfaction the adoption on 23 December 2008 of Mexican Official Standard NOM-032-STPS-2008 concerning safety in underground coalmines (NOM 032) and requested the Government to provide information on its implementation, as well as on inspections carried out and on compensation paid to the survivors and the families of the victims.

The Committee took note of the information provided by the Government regarding the extensive tripartite consultations that had preceded the development of NOM 032 and the comprehensive efforts that had been made to promote the awareness and knowledge of NOM 032 since its adoption, including targeted training of workers and the development of a practical guide on its implementation in practice. It also noted the information on the current inspection methods to ensure compliance with NOM 032, including prescribed inspection protocols, the number of inspections undertaken in 2009, the measures prescribed, as well as the formal notifications of failures to comply. On the question of compensation offered and actually extended to the survivors and the families of the victims, the Government indicated that the package had several components as it included not only compensation paid by the mining company, but also those that would result from ongoing court proceedings. The Government also indicated that the total compensation provided would exceed what was required by law.

While noting this information and welcoming the adoption of the new NOM 032, which placed a strong emphasis on prevention, inter alia, by prescribing a systematic use of risk assessments, the Committee emphasized that it was crucially important that the Government pursue its efforts, in a consistent and comprehensive manner, to prevent accidents such as the one which occurred in the Pasta de Conchos mine in 2006. The Committee requested the Government to provide to the Committee of Experts, for its forthcoming session, detailed and updated information on follow-up measures taken by it to implement the recommendations adopted by the Governing Body concerning the article 24 representation, including on the number and nature of accidents in both the formal and informal mining sector; risk assessment methods used in the mining industry; the compensation actually paid and those still due to the survivors and the families of the victims including damages by the enterprise concerned in this case and the relevant State benefits; and any social benefits provided to the families of miners who were without social protection.

The Committee urged the Government to ensure that all relevant actions and measures taken in relation to this matter was done in close consultation with the social partners and requested the Committee of Experts to continue to monitor the developments and the progress made.

Individual Case (CAS) - Discussion: 1996, Publication: 83rd ILC session (1996)

A Government representative of Mexico stated that Mexico had a broad tradition in matters of occupational safety and health. Article 123 of the Constitution of 1917 provided for certain measures to be taken concerning occupational safety and health with participation from workers on a tripartite basis. In this area, the authorities responsible for applying the relevant provisions were those at the federal level. Thus a National Advisory Committee on Occupational Safety and Health had been set up, which was an auxiliary of the State Advisory Committees, the functions of which were to propose concrete programmes and policies for accident prevention and for different safety measures to be taken.

The speaker pointed out that towards the end of the 1970s and the beginning of the 1980s, two important measures were adopted: on the one hand, the obligation of employers to provide training and skills to workers not only to improve their capabilities but also to contribute to accident prevention; on the other hand, joint committees were set up at every work centre. Furthermore, a series of instructions were drawn up with a view to implementing a general occupational safety and health regulation to put together all the experience that had been gained in this particular area. It was in this context that the Latin American Central of Workers (CLAT) had presented its representation, basing its observations on widely distributed press reports relating to cases of anencephalia in the border zone in the north of the country. The Government had provided a detailed reply on three aspects: first the occupational safety and health measures adopted; the public health measures taken; and the case-by-case study of the causes of the contamination and the cases of anencephalia. Within the framework of the modernization and the structural reform that had taken place in the country a new safety and health regulation counting 180 provisions was envisaged to replace six different regulations - certain provisions of which were contradictory - which pertained to dangerous and unhealthy work for women and children; the prevention of accidents at the workplace; the supervision of generators functioning with pressure; hygiene at work; safety in mines and the general occupational safety and health regulation. The new instrument assembled a whole lot of standards that would be liable to be more operative in practice for the prevention of accidents and risks. Moreover, no less than 116 official standards had been adopted which employers were obliged to respect for the protection of the health of workers and to prevent accidents at the workplace.

The report of the Committee of Experts invited the Government to take into consideration Paragraph 3(d), (h), (k) and (m) of Recommendation No. 164. There were certain standards concerning occupational safety and health, particularly with regard to noise prevention, ventilation, the risks inherent in static electricity, and vibrations. With regard to the measures envisaged in paragraph 10(a) and (c), there were two official standards respecting safety in buildings and at other workplaces. As for the measures envisaged in paragraph 12(2)(a) and (c), joint committees which dealt with occupational safety and health had been created and an official standard on information on risks at the workplace (toxic chemicals) had been adopted.

With regard to the cases of anencephalia, it was important to refer to the information of the National Epidemiological Monitoring System of the Health Secretariat of May 1996 pointing to an epidemiological study which contained the following elements: the number of cases of anencephalia for 10,000 live births had been 19.4 cases from 1985 to 1992, and went down to 7.4 cases in 1995. The risk factor associated with this illness was interesting. It had been observed that it was women having a low level of folic acid who tended most to have children having such a defect. The provision of folic acid to pregnant women, as a dietary supplement, diminished this risk. The Government had thus adopted measures to ensure the provision of this substance to pregnant women and would also ensure any follow-up which was required by this issue.

Finally, with regard to accident prevention, the Labour Secretariat had put into place a self-management programme of occupational safety and health which had been implemented in 800 enterprises (out of which 320, or 40 per cent, were in the free border zone in the north of the country) and was now being implemented satisfactorily this year.

The Employers' members considered that the extremely comprehensive report of the Government representative showed that his Government had been trying intensively to solve the problems in connection with what had been reported to the Experts. They noted that the observations made by the Latin American Central of Workers (CLAT) related to different cases of illnesses and deaths of both workers and inhabitants in the free border zone of Matamoros which could be attributed to the exposure these people had to, or the incorrect handling of, toxic products. It was to be noted, however, from the Experts' report that the Government had in fact developed various regional programmes within the framework of its national policy for occupational safety and health and the working environment in the subcontracting sector. Results from annual regional inspection programmes had shown the existence of many cases of violation of safety standards in a group of subcontracting firms, which had been sanctioned through administrative procedures. Moreover, the Experts had recommended that the Government take into consideration certain provisions of the Occupational Safety and Health Recommendation, 1981 (No. 164), in order to help it apply its policy on occupational safety and health.

The second part of the Experts' report referred to birth defects of children born to mothers who had handled toxic substances or had been exposed to toxic chemical products during pregnancy. Employers' members were of the view, however, that scientific evidence had not yet demonstrated a direct link between these defects and toxic substances. They concluded by pointing out that the Government representative had not denied the fact that the situation of occupational safety and health could be improved. However, he had stated that his Government was conscious of the importance of this issue and was ready to take further measures in order to improve the situation of occupational safety and health in the country. The Committee should encourage the Government to this end.

The Workers' members welcomed the additional information provided by the Government representative and the fact that the Government was going to present a detailed report to the Committee of Experts soon. They hoped that the Experts would continue paying attention to technical Conventions such as Convention No. 155. They were encouraged to note that national and international trade union organizations were paying more detailed attention to these types of Convention. With regard to the situation in Mexico, as well as other situations of this kind, the Workers' members stressed that workers' organizations based their representations not on press reports but on the testimony of persons who had witnessed actual situations.

In the present case, the CLAT had drawn attention to the mass contamination of workers by toxic products, on the one hand, and to the detection of serious illnesses and defects of children born to women exposed to such products during pregnancy, on the other hand. These two phenomena illustrated very well the wide non-observance of standards on occupational health and safety. The Government representative certainly did not deny that there was a problem of contamination by dangerous substances since it had evoked measures taken with a view to a more vigilant control and more particularly, the establishment of new regional inspection programmes. The Workers' members nevertheless considered that the action taken thus far was not sufficient due to the fact that the violations were still numerous and that there was no follow-up (fines or other sanctions), nor were the actual results obtained clear. As regards the problems of birth defects, the Government representative had mentioned the setting-up of a certain epidemiological monitoring system in the regions concerned, but it seemed to minimize the problem and above all, deny a link between toxic substances and the defects.

Consequently, the Workers' members supported the recommendations of the Committee of Experts requesting the Government to develop a coherent national policy on occupational safety and health and the working environment in accordance with Article 4 of Convention No. 155, by taking into consideration Paragraph 3(d), (h), (k) and (m) of Recommendation No. 164 as to the relevant methods, and presenting a detailed report on progress made.

The Workers' member of Spain stated that in this case one had to determine whether these accidents at the workplace had taken place because of the non-observance of Convention No. 155 or due to some other reason. From the report of the Committee of Experts, it appeared that it was a question of non-observance of the Convention. In certain cases, the Government had stated that safety standards were not being respected in enterprises. Finally, he agreed with what had been stated by the Workers' spokesperson.

The Workers' member of the United States pointed out that the Experts had described the hazards posed to the safety and health of Mexican workers in the Maquila sector caused by the emissions of poisonous and toxic gases, the incorrect handling of toxic products and other causes. The situation was widespread in the free border area which was dominated by Maquila manufacturing facilities owned or subcontracted by large multinational companies producing for the US market. Clearly, the rapid growth of this type of labour-intensive manufacturing had overwhelmed the capacity of the Government to effectively enforce its laws in the areas of environmental protection and occupational safety and health in accordance with the Convention. He had some sympathy for the Government because of the challenge it faced in coping with the growth of export companies seeking to exploit low-wage labour and the lax regulation of environmental standards. However, since this was a very serious situation that affected directly the lives of hundreds of thousands of Mexican workers and their families, what was needed was a greatly expanded system of inspection to prevent accidents and to reduce to an absolute minimum the sources of pollution and safety hazards. In his view, there needed to be a comprehensive national policy by the Government to enforce occupational safety and health standards. Multinational companies and their subcontracting firms should make a substantial contribution to that effort and share responsibility for improving the deplorable conditions of these workers. This situation illustrated the growing problem that multinational companies, driven by global competition, tended to undermine labour, environmental and safety standards unless governments acted forcefully to ensure that such standards were upheld.

The Workers' member of the United Kingdom referred to the Government representative's comments about the epidemiological studies undertaken by his Government to assess the relationship between birth defects and the work undertaken by mothers of the children affected. She wondered whether there had been any similar studies undertaken to look into the possible relationship between those birth defects and the occupations of the fathers of the children affected with those defects. In view of the fact that the Government would report in detail in 1997, she urged the Government to consider carrying out such studies if it had not already done so and to report thereon to the Committee of Experts.

The Government representative acknowledged that the CLAT had not based itself only on press reports but also on studies and inquiries that had been carried out on this subject. He stated that, because of the nature of the cases raised, immediate action was taken, even before the acknowledgement of the complaint by the CLAT.

The Committee took note of the detailed information supplied by the Government representative and of the discussion that ensued. The Committee noted that serious difficulties subsisted in the practical application of the provisions of the Convention, in particular in certain regions of the country and in certain enterprises. It noted that the Government had recently taken measures designed to ensure the application of the Convention in law and in practice. There was, inter alia, a draft regulation and the organization of national and regional inspection programmes with a view to supervising, in a more rigorous manner, the use of toxic agents in enterprises in certain regions. The Committee hoped that these measures would make it possible to prevent industrial accidents and to establish a genuine national policy on occupational safety and health. The Committee also hoped that the Government would continue to deploy all necessary efforts in order to give full practical effect to the Convention's provisions and to improve occupational safety and health. It invited the Government, with the Committee of Experts, to draw inspiration from the provisions of the Occupational Safety and Health Recommendation, 1981 (No. 164) which complemented the Convention. The Committee requested the Government to supply in its forthcoming report complete and detailed information in order to guarantee a full evaluation of the situation and to be able to note substantive progress in the near future.

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).

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

Articles 4 and 7 of the Convention. Consideration of the national policy on occupational safety and health (OSH) and the working environment. With regard to its previous request for information on available statistics relating to the number of accidents in the mining sector, the Committee notes that the Government indicates in its report that, according to Mexican Social Security Institute (IMSS) statistics, between 2017 and 2020, almost 1.5 million occupational accidents were reported at national level, of which less than 1 per cent occurred in extraction and exploitation of underground resources (mining, oil and gas). The Government adds that the statistics are not disaggregated to show accidents specifically occurring in the mining sector. The Committee notes the general information on occupational accidents and diseases, available on the web page of the Secretariat of Labour and Social Welfare, according to which for the period between 2009 and 2019: (i) the number of occupational accidents shows a decreasing trend (395,024 in 2009; 422,043 in 2011; 415,660 in 2013; 425,063 in 2015; 410,266 in 2017; and 399,809 in 2019); (ii) the number of occupational diseases mainly shows a continuous increase (4,101 in 2009; 4,105 in 2011; 6,364 in 2013; 12,009 in 2015; 14,159 in 2017 and 13,309 in 2019); and (iii) the number of fatal occupational accidents is falling (1,109 in 2009; 1,221 in 2011; 982 in 2013; 1,133 in 2015; 993 in 2017; and 939 in 2019). In light of these statistics, the Committee requests the Government to provide information to explain the increase in the number of occupational diseases between 2009 and 2019. The Committee also requests the Government to provide information on the measures adopted or envisaged at the national level, including with respect to specific sectors (including the mining sector) to continue the periodic review of its national policy in respect of OSH, in consultation with the most representative organizations of the employers and workers, with the aim of preventing the accidents and diseases that can result from work. The Committee also requests the Government to continue to provide information on available statistics related to occupational accidents, occupational diseases and fatal accidents recorded, if possible disaggregated by year and by sector.

Article 9. Adequate and appropriate system of inspection. Adequate penalties. With regard to its earlier request for information on the number of inspections as well on the number and nature of reported violations in the mining sector, the Committee notes the information provided by the Government on the number of inspections undertaken in extractive mines (5,533 inspections), the number of workers included (258,272 workers) and the number and nature of the measures adopted (23,327 technical safety and health measures) in the 2016–18 period, making particular reference to coal mining (219 inspections undertaken, benefitting 5,258 workers and with 1,991 technical measures taken). The Committee requests the Government to continue providing information on the operation of the inspection services in relation to OSH, making particular reference to the number of inspection visits, the number and nature of infractions detected, and the number and type of measures taken (including sanctions imposed), disaggregated by year and by sector (including the mining sector).

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 to their life or health. With regard to its previous comments regarding the abolition of the requirement, included under section 343-D of the Federal Labour Act (LFT), of prior notification of, or authorization from, the joint safety and health committee for workers to be able to exercise their right to remove themselves from danger, the Committee notes that the Government considers that the notification that the worker must give under the abovementioned provision is not a prior requirement or condition for the exercise of their right to remove themselves from imminent danger, but a duty to inform the employer, so that the latter may take the necessary steps to reduce the risk. The Committee, however, recalls that section 343-D of the LFT expressly establishes that workers can refuse to provide his services if and when the joint safety and health committee identifies an imminent risk situation that could endanger their life, physical integrity or health. Thus, the provision cited does not provide the possibility for workers to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, without prior identification by the joint safety and health committee that the situation is an imminent danger to workers. Noting that section 343-D of the LFT does not give full effect to Article 13 of the Convention, the Committee once again requests the Government to adopt the necessary measures without delay, including legislative measures, to ensure that workers who deem it necessary to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health are protected from undue consequences. It also requests the Government to provide information on the measures taken in this respect.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 11(d) of the Convention. Inquiries into occupational accidents. In its previous comments, the Committee asked the Government to provide information on the inquiries carried out into occupational accidents in mines. The Committee notes the Government’s indication that special inspections have been undertaken in relation to occupational safety and health (OSH) on account of accidents occurring in mines in order to enforce labour standards, including preventive measures relating to occupational safety and health and that these inspections are mandatory in cases involving fatal accidents to workers or where occupational injuries have permanent after-effects. The Inspection Regulations provide that, when conducting a special inspection, the prime objective is to detect risks and immediately order corrective or preventive OSH measures. Such measures can entail the total or partial suspension of work and the restriction of workers’ access to all or part of the workplace, pending the recommendations for immediately enforceable measures. The Committee requests the Government to continue to provide information on the measures taken to ensure the holding of inquiries – where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect situations which are serious.

Article 17. Two or more employers engaging in activities simultaneously at one workplace. In its previous comments, the Committee asked the Government to take the necessary measures to ensure the application of Article 17 of the Convention. The Committee notes the Government’s indication that the scenario where two or more employers engage in activities simultaneously at one workplace in Mexico is under the subcontracting system, which is regulated by sections 13, 15, 15-A and 15-C of the Labour Code, as amended in 2012. The Committee notes that with regard to section 15-C of the Labour Code, the enterprise awarding the contract must continually ensure that the contractor providing the services fulfils the applicable OSH provisions with regard to its workers.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution) (dec-GB.304/14/8)

The Committee notes the information supplied by the Government in reply to its previous comment relating to social benefits and compensation for members of the families of mining accident victims, and also on the follow-up to the decisions of the Federal Inspection Directorate.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the National Union of Workers of the Federal Roads and Bridges Access and Related Services (SNTCPF), received in 2016, and the observations of the Confederation of Employers of the Mexican Republic (COPARMEX) and of the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN), attached to the Government’s report.

Article 7 of the Convention. Review of particular areas with a view to identifying major problems, evolving effective methods for dealing with them and priorities of action, and evaluating results. Mining sector. State of Coahuila de Zaragoza. In its previous comments, the Committee asked the Government to provide information on the major problems identified in the mining sector in the state of Coahuila de Zaragoza (Coahuila), effective methods for dealing with them and priorities of action, and an evaluation of the results. In order to identify the problems, the Committee asked the Government to provide information on the situation in the mining sector in Coahuila. The Committee notes the observations of the SNTCPF regarding the lack of effective registration of workers in mines and the lack of adequate protection for occupational safety and health (OSH) in certain types of coalmines.

The Government provides information in its report on: (a) the number and types of mines, and the estimated proportion on non-registered miners in Coahuila; and (b) occupational accidents in mines both at the national level and in Coahuila registered by the Mexican Social Security Institute (IMSS). As regards the measures taken in relation to the alleged lack of adequate OSH protection in certain types of coalmines, the Government indicates that: (a) through the labour reform of 2012, the Federal Labour Act of 1970 was expanded to include Chapter XIIIbis on mineworkers, the provisions of which are applicable in all coalmines, whether underground mines, slope mines, opencast mines, sloping and vertical shafts, and also to any form or type of small-scale extraction activity; and (b) the federal Government maintains a permanent team in coalmines to conduct inspections, whose functioning is described below in connection with the application of Article 9 of the Convention. The Government also indicates that: (a) unregistered, illegal workplaces, where workers are exposed to major risks, are the main problem in the mining sector in Coahuila; (b) the measures proposed to resolve the issue are the handling of complaints and the conducting of censuses in the region to identify unofficial workplaces; (c) the order of propriety for adopted measures is: identification of the problem, issuing of an inspection order and the execution thereof, and adoption of the necessary measures to solve the specific problem which has been investigated; and (d) as regards the evaluation of the results, the IMSS statistics for 2010–16 on the mining and use of coal, graphite and non-metallic minerals in underground mines in Coahuila indicate that there was a 50 per cent reduction in occupational accidents, from which 54 deaths were registered, with 80 per cent of these fatal occupational accidents occurring between 2010 and 2012. While duly noting the information provided on the measures taken and the significant decrease in the number of accidents in the mining sector in Coahuila, the Committee requests the Government to continue providing information on available statistics relating to the number of accidents in the mining sector.

Article 9. Adequate and appropriate system of inspection. Adequate penalties. In its previous comments, the Committee asked the Government to provide information on: (a) the labour inspection system and the adequacy of its resources, and also its functioning in unregistered, illegal mines; and (b) adequate penalties for violations of laws and regulations, including in the event of the employer’s refusal to authorize access for the labour authority. The Committee notes the observations of the SNTCPF regarding: (a) the ineffectiveness of the inspection system owing to lack of resources; and (b) the failure to effectively enforce penalties, which include the closure of unregistered mines, and the resumption of operations in mines that were previously closed. The Committee also notes the observations of the COPARMEX and the CONCAMIN concerning the measures taken by the labour inspectorate to ensure observance of the regulations. The Committee notes the Government’s indication that inspection activities ensure enforcement of the labour standards, including preventive OSH measures in unregistered and unofficial mines. Although there have been cuts in the Government’s budget owing the austerity measures implemented at national level, the Government indicates that more effective actions have been organized through inspection programmes focusing on high-risk activities, and there were no cuts to the budget of the Federal Labour Office in Coahuila in the 2016–17 financial year. As regards adequate and effective penalties, the Committee notes the data supplied by the Government, including fines and restrictive measures, such as the suspension of mining work and projects. The Government also indicates, with regard to any refusal by the employer to receive the labour inspectorate, that since the reform of 2012 section 1004-A of the Federal Labour Act has provided that, to counteract employers’ refusal to allow labour inspections to proceed, a fine of 250 to 5,000 minimum wage equivalence shall be imposed on any employers who deny access to the labour authorities to conduct inspection and monitoring activities in their workplaces. Noting the significant number of fatal occupational accidents, the Committee requests the Government to continue providing available statistics on the number of inspections conducted in the sector, the number and nature of reported violations, and the number, nature and causes of accidents in the mining sector.

Article 13. Protection of workers who remove themselves from work situations presenting an imminent and serious danger to their life or health. In its previous comments, the Committee asked the Government to take the necessary steps to bring the legislation into conformity with Article 13 of the Convention. The Committee notes the Government’s indication in its report that, under section 343 D of the Federal Labour Act, as amended in 2012, workers can refuse to provide their services in view of the fact that the Joint Safety and Health Committee, experts in the matter, has confirmed the existence of situations that present an imminent danger to the life, physical integrity or health of workers. The Government also highlights paragraph 2 of the abovementioned section, which establishes the duty of workers to remove themselves from work situations presenting an imminent and serious danger, and to notify the employer, any member of the Joint Safety and Health Committee, or the labour inspectorate of these circumstances. However, the Committee recalls that the right of workers to remove themselves from situations when there is a reasonable justification to believe that there is a serious and imminent danger remains an essential foundation for the prevention of occupational accidents and diseases and must not be undermined by any action by the employer. This right is linked to the duty of workers to inform their employer about such situations, although this obligation should not be seen as a prerequisite for the exercise of the right of removal (2017 General Survey on certain occupational safety and health instruments, paragraph 298). The Committee requests the Government once again to take the necessary steps to abolish any requirement of prior notification of, or authorization from, the Joint Safety and Health Committee for workers to be able to exercise their right to remove themselves from danger, in accordance with the terms of Article 13 of the Convention.

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

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

The Committee notes the information provided by the Government in its report concerning Articles 4 and 7 (national occupational safety and health policy; reviews, either overall or in respect of particular sectors), 9 (system of inspection) and 15 (coherence of policy and coordination among the various authorities) of the Convention.

Article 13. Protection of workers who remove themselves from work situations presenting an imminent and serious danger. The Committee notes the Government’s indication in its report that sections 343-C and 343-D of the Federal Labour Act (LFT), as amended on 30 November 2012, regulate the protection of workers in the event of an imminent risk. The Committee observes that the aforementioned sections of the LFT form part of Chapter XIIIbis on mineworkers. The Committee notes that, under section 343-D, workers can refuse to provide their services as long as the Joint Safety and Health Committee confirms that it entails a situation of imminent risk. The Committee recalls that under Article 13 of the Convention the decision by a worker to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to his or her life or health is not subject to any confirmation concerning the imminence of the risk but is a decision taken by the workers themselves. The Committee requests the Government to take steps to bring the legislation into conformity with Article 13 of the Convention with regard to all workers in all sectors of activity and to provide information in this respect.

Article 17. Requirement for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. The Committee notes that the Government repeats the information supplied in its previous report, referring to the possibility of collaboration by the safety committees in workplaces, and that it also refers to joint responsibility. The Committee reiterates that this Article of the Convention establishes the requirement for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace, with a view to jointly applying occupational safety and health standards. The Committee once again requests the Government to take the necessary measures to ensure that effect is given to this Article of the Convention and to provide information in this respect.

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

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes the observations of the National Union of Workers of the Federal Roads and Bridges Access and Related Services (SNTCPF), received on 30 August 2015. The Committee requests the Government to send its comments in this respect, and also on the observations of the SNTCPF received on 1 September 2014.

The Committee is following up on the recommendations made by the Governing Body in March 2009 (document GB.304/14/8) further to the accident that took place at the Pasta de Conchos coalmine in Coahuila.

I. Measures to be taken in consultation with the social partners

Articles 4(1) and (2), and 7 of the Convention. National policy. Overall reviews or reviews relating to specific areas: hazardous types of work such as those performed in the coalmining sector.

(a) Register of reliable data on existing mines and workers in these mines

Background. The Committee recalls that in its previous comments it asked the Government to supply up-to-date information on the number and type of mines in the Coahuila region, including: (1) information distinguishing between registered and non-registered mines; (2) the estimated total number of miners in Coahuila; (3) the number of registered miners; and (4) the estimated number of non-registered miners.

2015 report. The Committee notes the information supplied by the Government in its report. In relation to registered and non-registered mines, it sent a table indicating 20 members of the Registered Coal-Producing Unions which have registered 28 mines and small-scale mines (pozos). It also listed ten non-registered workplaces. The Committee observes that the Government indicated in 2012 that as of May 2012 there were 2,463 concessions in the state of Coahuila, including 970 coalmines of which 297 were small-scale mines or vertical shafts; of these, 149 had been inspected. In 2011, the Government stated that there were 909 mining concessions, including nine large and 62 medium-sized coalmines, in addition to the 297 vertical shafts in which activity had been detected. The Committee notes with regret that it does not have any precise and comparable information enabling it to make progress in its examination of the effect given to these Articles of the Convention in coalmines in Coahuila. As regards the number of miners and the estimated number of non-registered miners, the Committee notes that the Government states in its report that the estimated total number of miners in Coahuila is 41,290, of whom 12,398 are employed in coalmines, but that it provides no information on the estimated number of non-registered miners. The Committee reiterates that it is essential to have precise information in order to adopt effective preventive occupational safety and health policies and measures in order to prevent any recurrence of the Pasta de Conchos and subsequent accidents which the Committee has noted, the last of which was the accident at the Boker small-scale mine (pocito), where two miners died on 27 March 2014. The Committee therefore once again requests the Government to supply information on the number and type of mines in Coahuila, including: (1) information distinguishing between registered and non-registered mines; (2) the estimated total number of miners in Coahuila; (3) the number of registered miners; and (4) the estimated number of non-registered miners.

(b) Accidents in the coalmining sector

The Committee recalls that in its previous comments it asked the Government to supply statistical information on the number of occupational accidents in the coalmining sector, particularly in Coahuila, indicating the numbers of accidents and victims between 2010 and the time of preparation of the next report, distinguishing between accidents occurring in small-scale mines and those in medium-sized or large mines. The Committee notes that the Government appended a table to its report which, the Committee observes, indicates 24 occupational accidents in mines in Coahuila and 28 worker deaths in those accidents between 2010 and 2014. This information differs from the information provided by the Government in its 2012 report, according to which there had been 31 deaths in 2010, and from the communication that year from the SNTCPF, stating that, between June 2010 and August 2011, another 33 miners had died in occupational accidents, including 26 in Coahuila; that 14 miners had died on 3 May 2011 at “Pozo 3” of the BINSA company and that none of these 14 were registered with the Mexican Social Security Institute (IMSS). Noting the differences between the respective data provided, the Committee once again requests the Government to provide detailed accurate statistics which are comparable with those provided in its previous reports, on the number of occupational accidents in coalmines, particularly in Coahuila, indicating the numbers of accidents and victims from 2010 to the time of preparation of the next report, distinguishing between accidents occurring in small-scale mines and those in medium-sized or large mines.

(i) Small-scale mines, small-scale slope mines and cave mines. In its comments in 2014, the SNTCPF indicated that since the Pasta de Conchos accident, at least 107 more miners had died so far as a result of precarious, illegal and unsafe conditions. The Committee notes that the SNTCPF, in its 2015 comments, states that most of the miners died in small-scale slope mines (minitas de arrastre) and that small-scale mines, small-scale slope mines and cave mines (cuevas) are, in themselves, perverse structures for coalmining since there is no safety equipment for miners to use. According to the union, the emergence of these substandard forms of mining stems from the impunity prevailing as a result of the failure to impose adequate penalties on those responsible and this has an impact on a number of areas covered by the Convention, such as statistics and social dialogue. In this regard, the union also states that in 2013 a ban was imposed on vertical shafts up to 100 metres deep. The union questions why such shafts are regarded as being safer beyond a depth of 100 metres. The Committee requests the Government to send its comments on this matter, to provide information on all legislative and practical measures taken to tackle the proliferation of these precarious mines and to indicate the reasons why vertical shafts more than 100 metres deep have not been prohibited.

(ii) Boker mine and Charcas mine in San Luis de Potosí. In its previous comments, the Committee noted the reference to two particular cases by the SNTCPF. The first concerned the Boker small-scale mine, where two coalminers aged 19 and 21 years died on 27 March 2014 as a result of falling to the bottom of the mine when a cable taking them to a depth of over 85 metres broke. According to the union, the mine did not have an emergency exit; it had been inspected on ten consecutive occasions, but when the Secretariat of Labour and Social Security (STPS) withdrew, it continued to operate without any safety measures. The Boker mine closed, and then re-opened as an emergency exit for a new small-scale mine. The second case concerns the Charcas mine in San Luis de Potosí, at which five workers died on 12 February 2014, despite the fact that the mine had been inspected four times and violations of safety and health standards had been reported. Noting that the Government has not provided the requested information on this matter, the Committee once again requests the Government to indicate whether the labour inspectorate detected situations of imminent and serious danger to the safety of the workers in the mines referred to above, and also specify the reasons why these mines were not closed, or why other immediately enforceable measures were not taken.

Investigations. In its previous comments, the Committee asked the Government to provide information concerning the investigations conducted in relation to Article 11(d) of the Convention, including on the accidents that occurred at the Ferber mine and Lulú small-scale mine. The Committee notes that the Government repeats information relating to the recommendations made by the National Human Rights Commission (CNDH), but does not indicate whether the competent authorities ensure that investigations are carried out into mining accidents in Coahuila, as required by this Article of the Convention. The Committee notes that the SNTPCF, in its observations of 2015, makes a renewed call for the bodies of the dead miners to be recovered and for an investigation to be conducted, and alleges that recovery operations have taken place in all coalmining accidents with the sole exception of two cases where the mines were the property of the Mexico group, namely the Pasta de Conchos and “Mina 6” mines. The Committee once again requests the Government: (1) to indicate whether investigations are held, in accordance with Article 11(d) of the Convention, whenever occupational accidents – in this case in the coalmining sector in Coahuila – appear to reflect serious situations, and if such investigations are held also to report the findings of such investigations, particularly relating to the causes of such accidents; and (2) to indicate the measures taken to prevent accidents on the basis of the findings of the investigations. The Committee also requests the Government to send its comments on the observations of the SNTCPF.

Reviews relating to specific areas. In its previous comments, the Committee noted that the purpose of periodic reviews of the situation relating to the safety and health of workers and the working environment in coalmines in Coahuila, including small-scale mines, is, in accordance with Article 7 of the Convention, to identify the major problems, propose effective methods to deal with them, set priorities for action, and evaluate the results, and it asked for information on the application in Coahuila of this Article in conjunction with Article 4 of the Convention. The Committee notes the Government’s statement that: (i) the Safety and Health Advisory Subcommittee for the Coahuila coalmining region conducted a study entitled “Analysis of past occupational risks and their consequences in the Coahuila coalmining region 1995–2011”, which was approved on 9 August 2011; (ii) the study shows that there is a serious situation in the Coahuila coalmining region in terms of occupational accidents, especially because incidents involving worker fatalities recur on a cyclical basis; (iii) some indicators (for example, concerning the number of occupational accidents and the number of days lost) show that the efforts made have yielded results, but the study recognizes that the number of fatalities is an indicator that tends to increase in certain years, as was the case in 2011; (iv) mining in Coahuila represents the economic activity with the highest incidence of occupational risks; (v) the study concluded that although accident rates have improved, prevention needs to be reinforced; and (vi) the State Occupational Safety and Health Advisory Committee for Coahuila includes members of the most representative employers’ and workers’ organizations and it specifies what these are. Noting that this information has not been updated and does not fully meet the objectives of Article 7 of the Convention, the Committee once again requests the Government to provide information on the following issues which, in accordance with Article 7, constitute the purpose of such reviews: (a) the major problems identified; (b) the methods proposed to resolve them; (c) the priorities for action; and (d) the evaluation of the results, in relation to the occupational safety and health situation in the coalmining sector in Coahuila.

Article 9. Adequate and appropriate system of inspection. In its previous comments, the Committee asked the Government to indicate the measures of immediate enforcement currently at the disposal of the labour inspectorate, and to indicate clearly whether closure could be immediately enforced by inspectors in the case of imminent danger to the health and safety of workers. The Committee notes the Government’s statement that these measures and the imposition of penalties have been strengthened through the new General Labour Inspection Regulations of 2 June 2014. The Committee notes that, in the event of an imminent risk, section 343-D of the Federal Labour Act, as amended in 2012, empowers inspectors to order the total or partial suspension of the activities of the mine, including restricting workers’ access to the workplace pending the adoption of the necessary safety measures to prevent any accident. The Committee also observes that, if the employer refuses to receive the labour authority, section 39(4) of the abovementioned Inspection Regulations provides that the inspector must record this fact in a report which must then be sent to his or her hierarchical superior with a view to requesting, within 72 hours of its receipt, assistance from the police in order to conduct an inspection. The Committee requests the Government to take the necessary measures to ensure that, in the event of a refusal by the employer to receive the labour authority, the labour inspectorate can order the immediately enforceable measures that are necessary for protecting the health and safety of the workers with regard to a situation of imminent danger or risk.

Furthermore, the Committee notes that the SNTCPF alleges in its latest observations that a further reduction has been made in the budget allocated to the STPS and that inspectors have no budget for work equipment, that facilities are deplorable, that five or six people work in a space of 9 m2 and that no vehicles are assigned to inspectors for the performance of their duties. The Committee requests the Government to send its comments on this matter.

II. Other measures

The Committee recalls that, in paragraph 99(c) of the report on the representation concerning the accident at the Pasta de Conchos mine (document GB.304/14/8(Rev.)), the Governing Body invited the Government: “(c) … to ensure, considering the time that has lapsed since the Accident, that adequate and effective compensation is paid, without further delay, to all the 65 families concerned and that adequate sanctions are imposed on those responsible for this Accident”.

Pursuant to this recommendation, the Committee is examining the following points:

Compensation – pensions. Referring to its previous comments, the Committee notes the Government’s indication that the STPS has made payments to 61 claimants, in accordance with the rulings issued by the competent judicial authority. Moreover, the Government indicates that those affected had recourse to the Federal Court of Fiscal and Administrative Justice to claim payment from the STPS on the grounds of state liability and that, in compliance with the ruling, compensation of 647,600 Mexican pesos (MXN) was paid to a surviving dependent child. The Committee, for its part, notes the statement by the SNTCPF that in the Pasta de Conchos case, the pensions awarded to the families were not based on full wages but on what was decided by the Government, which argued that it could not be done differently. However, the SNTCPF adds that, in the case of the explosion at the BINSA mine, it was decided that even the families of workers who were not registered with the IMSS, and who should therefore not be considered as insured persons having a pension entitlement, were registered with the IMSS after the accident and on the basis of the real wages paid. Accordingly, the families are entitled to pensions of over MXN10,000 while the family members of the Pasta de Conchos victims were left with pensions of MXN1,200–3,000. The union also indicates that families affected by different accidents have received unequal treatment. The Committee requests the Government to provide information on the reasons for this difference in treatment with regard to pensions. Taking account of the union’s claims that the families of certain victims have received pensions in line with the real wages paid, it also requests the Government to take all possible steps to give fair treatment to the family members of the victims of coalmining accidents, taking due account of the family members of the Pasta de Conchos victims, and to supply information in this respect.

State and social benefits. In its previous comments, the Committee asked the Government to indicate how many of the 65 families of the deceased miners had received assistance with respect to access to housing. The Committee notes that, according to the Government, loans were offered to eight widows but the latter did not indicate any interest. The Office of the Federal Prosecutor for Labour Protection administered the donation of housing in three cases. The Committee requests the Government to provide information on this kind of benefit for family members of the victims of the Pasta de Conchos accident, including with regard to the educational trust, and requests it to indicate how many of the 65 families have received assistance with respect to access to housing.

Dialogue with the Pasta de Conchos families. In relation to its previous comments, the Committee notes the Government’s indication that on 11 May 2013 the Minister of Labour and Social Welfare received the Governor and the families of the deceased miners and it was agreed to maintain ongoing contacts. The Committee notes the indication by the SNTCPF that the Federal Inspection Directorate of the STPS had recognized a person from the Pasta de Conchos Families Organization as an expert in the field with participation in labour inspections, and that from March 2015 the situation changed and the key for gaining access to the system was also withdrawn from that person. The union maintains that the Pasta de Conchos Families Organization had helped to reduce accidents from 2013 onwards but the collaboration had been interrupted due to these events. The Committee requests the Government to send its comments in this respect.

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

[The Government is asked to reply in detail to the present comments in 2017.]

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

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

Articles 4 and 7 of the Convention. National policy. Reviews, either overall or in respect of particular areas. The Committee notes the Government’s indication that the National Occupational Safety and Health Advisory Commission (COCONASHT), a body composed of workers, employers and the Government, met on four occasions in 2011 and two in 2012 up to the date of the sending of the report. The Government adds that, in accordance with the work programme for 2011, the Commission reported an overall completion rate of 98.7 per cent, and 44.3 per cent up to April 2012. The Committee observes that these percentages do not help it to understand the situation regarding the application of these Articles of the Convention, unless the Government were to indicate what the percentages refer to and provide details. The Committee further notes that, in relation to the strategic activity of the development of the National Occupational Risks Information System, the following progress was achieved: (a) exchange of information on occupational risks prepared by the Mexican Social Security Institute (IMSS) and the Secretariat for Labour and Social Welfare (STPS), and those prepared by the Institute for Safety and Social Services for State Workers; (b) the design of the national occupational safety and health survey, on which the completion rate is 60 per cent; and (c) extension of the coverage of the electronic module on occupational health. The Committee notes once again that the Government has not supplied the information requested relating to the sectoral tripartite bodies which participate in these reviews and the manner in which the sectoral reviews are harmonized so as to culminate in a coherent national policy. The Committee once again requests the Government to indicate whether there are sectoral tripartite bodies which participate in the review of specific sectors, and, in this case, to indicate which sectors. The Committee asks the Government to indicate whether such reviews are undertaken with a view to identifying major problems, evolving effective methods for dealing with them and priorities for action, and evaluating results, as required by Article 7 of the Convention; and to provide information in this regard.

Construction sector. With reference to its previous comments, the Committee welcomes that, in relation to the high accident rate in this sector, activities have been undertaken since 2008 with a view to regulating this sector, including the inspections carried out and the adoption of Standard NOM 031 STPS 2011 (construction – occupational safety and health conditions). With a view to the implementation of this Standard, it has been agreed with the Mexican Chamber of the Construction Industry (CMIC) to develop protocol agreements based on the type of construction (large-scale, medium and small), and that both the CMIC and the Secretariat for Labour and Social Welfare are engaged in the dissemination of this Standard. The Committee requests the Government to indicate whether Standard NOM 031 STPS 2011 is binding and whether it has had an impact in terms of a fall in the rate of occupational accidents in the sector.

Article 9. Adequate and appropriate system of inspection. Programme of occupational safety and health self-management. With reference to its previous comments, the Committee notes that the objective of the Programme of Occupational Safety and Health Self-Management (PASST) is to encourage the introduction and operation in enterprises of occupational safety and health administration systems which correspond to national and international standards and are based on the regulations in force, with a view to promoting the operation of safe and healthy workplaces. The Government provides detailed information on the conditions for the admission to the programme; the requirements and stages which have to be completed to advance in it and to merit recognition as a “safe enterprise”; and the method of work and the impact of the programme in relation to occupational accidents in the various sectors of the economy. The Government adds that due to the short period of work in pozos (small-scale mines and pits), which is approximately six months, these are excluded from the programme, as the implementation of an occupational safety and health system involves earlier compliance with certain requirements and passing through certain stages which require over one year. The Committee also notes, from the tables contained in the Government’s report, the results of the implementation of the PASST in workplaces in various sectors of activity. It notes the information concerning the mining sector, in which the accident rate in the 18 work centres which have obtained the first level of recognition as “safe enterprises” is 44.3 per cent lower than the accident rate in the mining sector in 2011. The accident rate in the six work centres which have obtained the second level of recognition as “safe enterprises” is 58.1 per cent lower than the rate for the mining sector in 2011, and in the six work centres with the third level of recognition as “safe enterprises”, the accident rate is 81.9 per cent lower than the rate for the mining sector. The Committee requests the Government to continue providing information on the inclusion of work centres in the Programme and its impact in terms of occupational accidents and diseases, particularly in the coal mining sector. It also requests the Government to indicate the accident rate in enterprises which have joined the PASST in relation to the accident rate in the same enterprises before joining the PASST, in order to demonstrate the progress achieved in the different categories of enterprises.

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. With reference to its previous comments, the Committee notes that the Government provides, as an example, the case of Aurico Gold of Mexico, in which work was interrupted as a result of a tremor which, on 6 March 2012, caused the death of one person, who was engaged in demonstration work in a former mine in view of the possibility of its exploitation once again. On 10 March 2012, the same enterprise indicated that the workers decided to leave their workplaces out of fear of a collapse, which did not have consequences for the workers, who were accompanied throughout by the labour authorities. It also refers to the case of the Peñoles company, which distributes an information card to its workers indicating that in the event of serious danger work shall not be commenced until the relevant and necessary measures have been taken. Thirdly, the Government refers to a brochure entitled “Basic safety requirements to work in a coal mine”. The Committee notes that the brochure contains important information on OSH standards and is drafted so as to facilitate understanding. However, it does not appear to include the indication that any worker who considers it necessary to interrupt work in a situation in which there is reasonable justification to believe it presents an imminent and serious danger to life or health shall be protected from undue consequences. The Committee requests the Government to ensure that employers and workers in all branches of activity are aware that in such situations they have the right to the protection afforded by this Article, for example through training brochures and to continue providing information on this subject.

Article 15. Coherence and coordination. With reference to its previous comments, the Committee notes the information provided by the Government to the effect that up to now 22 coordination agreements have been concluded to promote occupational safety and health and strengthen labour inspection with State governments. These agreements are intended to provide the basis for the implementation of joint action in the field of safety and health, promote the use of self-compliance machinery, training, comprehensive safety and health systems and the strengthening of inspection and verification. It also notes the information on the progress made in examining the preliminary draft amendments to the General Regulations for Inspection and the Application of Sanctions for Violations of Labour Legislation, which envisage empowering inspectors to close workplaces when they find that workers are exposed to an imminent risk. The Committee requests the Government to continue providing information on this subject as well as any relevant indications concerning the progress made and the obstacles encountered in improving the coherence and coordination envisaged in this Article of the Convention.

Article 17. Requirement for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. In its previous comments, the Committee noted that, according to the Government, effect is not given to this Article of the Convention in the legislation and that, in the event that various employers or enterprises coexist or engage in activities at one workplace, each one is directly responsible for complying with the OSH regulations. The Government indicated that it considers that, in common areas of the workplace where several employers are active, the latter have to agree on the form in which they will comply with the applicable provisions. The Committee noted that this collaboration is precisely what the Convention regulates and that it is not an optional matter, but a requirement under this Article. It urged the Government to take the necessary measures to ensure that effect is given to this Article of the Convention and to supply information in this regard. The Committee notes the Government’s indication, with reference to sections 13 and 15 of the Federal Labour Act and section 15A of the Social Security Act, that it is clear that when two employers coexist they have joint responsibility in relation to their obligations towards workers. The Government adds that Standard NOM 019 STPS 2011 respecting workplace safety committees establishes that other committees “can” be created taking into account subcontracting enterprises, which undertake work in the same workplace as the main activity. The Committee notes that the joint responsibility to which the Government refers in relation to section 15A of the Social Security Act appears to relate to social security obligations, and not occupational safety and health. With regard to workplace safety commissions, while noting that they may contribute to collaboration, the Committee further notes that they do not refer to employers, but to committees, and that the terms are not mandatory, but optional. The Committee therefore once again notes that the Government has not taken the necessary measures to give effect to this Article. The Committee once again urges the Government to take the necessary measures to ensure that effect is given to this Article of the Convention and to provide information on this matter.

Application of the Convention in practice. In its previous comments, the Committee requested the Government to provide statistical information on occupational accidents and diseases, with an indication of the trends and the main problems encountered in the various sectors of activity and regions. The Committee notes Annex 4 to the Government’s report, according to which the three sectors with the highest accident rates are the following: (1) the construction industry, with 3.8 occupational accidents for every 100 workers; (2) mining and quarrying, with 3.6 occupational accidents for each 100 workers; and (3) commerce, with 3.5 occupational accidents for every 100 workers. The Committee requests the Government to provide information on the causes of the accident rates in each of these sectors and on the measures to address them, and requests it to continue providing statistics on this subject.

[The Government is asked to reply in detail to the present comments in 2015.]

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

The Committee notes the observations of the National Union of Workers of the Federal Roads and Bridges Access and Related Services (SNTCPF), received on 1 September 2014. The trade union indicates that since the Pasta de Conchos accident at least 107 more miners have died, and that if precarious employment is not reduced in coalmines through an adequate inspection programme, the current working conditions will continue in the future. Most of the accidents up to 2012 occurred in pocitos (small-scale mines or pits) or vertical shafts, while between 2012 and 2014 most deaths have been in what are now known as minitas de arrastre (small-scale slope mines) which, according to the union, are genuine slope mines, although operated under precarious, illegal and unsafe conditions. It affirms that neither the pocitos, nor the minitas de arrastre, nor cave mines, comply with standard NOM-032-STPS-2009 on underground coalmines. It also refers to the dilemma facing inspectors conducting inspections in mines that are not in compliance with the legal requirements, thereby supervising them and legalizing them to a certain extent. In 2012, President Calderon initiated measures to prohibit vertical shafts, but this initiative was put aside covertly, and in 2013 vertical shafts up to 100 metres were prohibited. The SNTCPF questions why vertical shafts would be safer after a depth of 100 metres. It refers to two instances of accidents by way of illustration. The first is the pocito Boker, in which two coalminers died on 27 March 2014, aged 19 and 21 years. They fell to the bottom of a pocito when a cable broke which was taking them down over 85 metres. The pocito did not have an emergency exit and had been inspected on ten consecutive occasions, although when the Secretariat of Labour and Social Welfare (STPS) withdrew, it continued to operate without any safety measures. The Boker pocito closed, and then opened again as an “emergency exit for a new pocito”. The second case relates to the Charcas mine in San Luis de Potosí, where five workers died on 12 February 2014 despite the fact that the mine had been inspected on four occasions and violations of safety and health standards had been reported. The union emphasizes that the mine is owned by the group which owned the Pasta de Conchos mine. It adds that, although the fine imposed, according to the STPS, was the highest that had been applied in the country, the inspection report shows that the amount of the fine was much lower than the investment that would be required in safety measures to guarantee the life, health and physical integrity of the workers. It adds that the budgetary allocation intended for inspections in their proper sense has decreased, and that the budget for protective equipment for inspectors is not even sufficient to purchase a helmet. The union adds that the extraction of natural resources without occupational safety and health standards and appropriate inspection not only occurs in coalmining, but that this is also happening with the enormous gas reserves for the extraction of which legislation has just been approved, without having adopted the appropriate occupational safety and health legislation. The Committee requests the Government to provide its comments on these observations. In addition, it asks the Government to indicate whether labour inspections detected situations of imminent danger to the safety of workers in the mines referred to above, as well as the reasons for which these mines were not closed, or why other measures with immediate executory force were not taken.

The Committee further notes that the Government’s report has not been received. It therefore again repeats its previous observation.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee is following up the recommendations made in the report adopted by the Governing Body in March 2009 (document GB.304/14/8) in relation to the accident that occurred at the Pasta de Conchos coalmine in Coahuila. In its comments in 2011, the Committee noted the discussions in the Conference Committee on the Application of Standards in June 2011 and its conclusions, a communication from the National Union of Federal Roads and Bridges Access and Related Services (SNTCPF), the Government’s report and the Government’s observations on a communication from that union received in 2010. The Committee observed that the discussion and conclusions of the Conference Committee on the Application of Standards also referred to the follow-up of the report on the representation and, in that context, to the application of the Convention to workers in coalmines in Coahuila. The communications of the trade union in 2010 and 2011 also referred to the same situation. The Committee notes the Government’s detailed report and a communication from the National Union of Workers (UNT). The UNT asserts that the Government has not provided reliable information to the public on the number of accidents, the general conditions of work and the organizations representing formal and informal workers engaged in the so-called pocitos (small scale mines or pits), and it is unsure whether such information is included in the reports. It provides information on further occupational accidents, which have cost the lives of miners, and which was published in the media. The Committee invites the Government to provide the comments that it considers appropriate in relation to the communication of UNT.

I. Measures to be taken in consultation with the social partners

Articles 4(1) and (2), and 7 of the Convention. National policy. Overall reviews or reviews relating to specific areas: hazardous types of work such as those performed in the coalmining sector.

(a) Register of reliable data on existing mines and workers in these mines.

Background. In its previous comments, the Committee noted that, according to the Government, in Coahuila there are 909 mining concessions covering a surface area of 2.5 million hectares and that there are nine large coalmines and 62 medium-sized mines. With regard to the pocitos, the Government indicated that, as from March 2010, the GeoInfoMex satellite system was used for the location of such small-scale mines or pits, and that the project ended in May 2011. This resulted in the identification of 563 vertical shafts, in 297 of which activity was detected, which will be inspected. The Committee noted the distinction drawn by the Government between the registration of mining concessions and the registration of workplaces, and its indication that progress is being made in terms of coordination between the various State bodies connected with mining in Coahuila. The Committee requested the Government to continue supplying updated information on the number and type of mines and, recalling the request made by the Conference Committee on the Application of Standards, asked it to distinguish in that information between registered and unregistered mines. The Committee also requested the Government to indicate the estimated total number of miners in Coahuila, the number of registered miners and the estimated number of unregistered miners. These are two different but complementary issues that form part of the application of the Convention in all workplaces and to all workers at the workplace, for which reason it requested the Government to take the necessary measures to keep the fullest possible records in this respect and to provide information on this subject.

The 2012 report. The Committee notes the Government’s indication that, according to the information provided by the General Directorate of Mines of the Secretariat of the Economy, as of May 2012, there were 30,458 current concessions at the national level, of which 2,463 are located in the State of Coahuila; of these, 970 are coalmines of which 297 are small-scale mines or vertical shafts. With reference to the 297 small-scale mines or vertical shafts identified in Coahuila, of which the Committee took note in its previous comments, 149 have been inspected. The Government indicates that, with regard to the estimated number of miners, according to the inspections carried out by the labour authorities, 24,527 workers have been detected, and that the Mexican Social Security Institute (IMSS) has a record of 95,000 workers in the mining sector. An inter-institutional group has been established composed of the Secretariat for the Economy, the Mexican Social Security Institute, the Office of the Federal Attorney for the Protection of the Environment, the Office of the Federal Attorney for the Defence of Labour and the Secretariat of Labour and Social Welfare (STPS), for the purpose of exchanging databases so as to develop a single register of enterprises engaged in mining. The Committee notes that the information provided does not indicate whether the 24,527 workers referred to by the Government are located in Coahuila or at the national level, or whether they consist of registered or unregistered workers. With regard to the figure of 95,000 workers, this appears to refer to the national level, and not only to Coahuila. The Committee observes that the information provided by the Government does not correspond fully to the requests made by the Committee in its most recent comment. The Committee hopes that the new working group will contribute to improving coordination and the compilation of reliable and clear data, as a basis for making progress in improving the safety and health conditions in mining. The Committee once again requests the Government to provide information on the number and type of mines in Coahuila, including: (1) information distinguishing between registered and unregistered mines; (2) the total estimated number of miners in Coahuila; (3) the number of registered miners; and (4) the estimated number of unregistered miners.

(b) Accidents in the coalmining sector.

Background. In its previous comments, the Committee noted that, according to the Government, over the past ten years (2001–10), the IMSS has registered 38,069 occupational accidents and diseases in the mining sector and 340 fatalities. The Government indicated that, if a comparison is made between 2001 and 2010, the number of workers in the mining industry increased by 35.74 per cent and that, in terms of the number of fatalities, there was no significant change (31 in 2010 and 30 in 2001). The Committee noted that, according to a communication by the SNTCPF, between June 2010 and August 2011, 33 more miners died in occupational accidents, including 26 in Coahuila; 14 miners died on 3 May 2011 in Pit No. 3 of the BINSA company, none of whom were registered with the IMSS, including one miner under 14 years of age. In 2011, the Committee requested the Government to continue providing detailed information on these matters, including on accidents in coalmines and on the application of the Convention in the mines where the accidents occurred.

The 2012 report. The Committee notes the Government’s indication that the labour authorities have at all times supported the families of the deceased workers, including through the lodging of applications for work-related benefits, and that it provides details in this regard. In this respect, the Federal Arbitration Board handed down decisions supporting the claims, although they have not yet been executed as the parties can still appeal. The Government provides information on the various forms of assistance provided for the families. The Committee also notes the tables attached by the Government, and particularly the table entitled “Accidents in the mining industry”, which refer to certain accidents, the number of violations detected, the fines imposed and whether charges were made or are being brought. However, this information does not give the Committee an overview of developments in relation to occupational accidents in the coalmining industry, and whether their numbers have fallen or remained stable. The Committee requests the Government to provide statistical data on the number of occupational accidents in the coalmining industry, and particularly in Coahuila, with an indication of the number of accidents and victims since 2010 and up to the time of the preparation of the next report, with a distinction being made between accidents occurring in so-called “pocitos” and in medium-sized or large mines.

(i) The Lulú mine. In its previous comments, the Committee noted the information provided by the SNTCPF indicating that two workers died in the Lulú mine on 6 August 2009. According to the trade union, the mine has been in operation since 2001, but has never been inspected. In its 2011 report, the Government indicated that it had been planned to carry out an inspection in the Lulú mine in August 2009, but that the accident occurred on 6 August, before the inspection, so that an emergency inspection was carried out from 7 to 10 August, followed by another inspection on 13 and 14 August, and access was then restricted. The Committee also noted that the 2011 communication of the SNTCPF included as an appendix Recommendation 12/2011, of 29 March 2011, of the National Human Rights Commission (CNDH), which has constitutional status, concerning the accident in the mine. In its examination of the case, the CNDH states that “with the omissions described above on the part of the public servants of the Secretariat for Labour and Social Welfare (STPS) and the Secretariat for the Economy, operations at the enterprise were allowed under conditions that did not guarantee the integrity and the health of the workers, and they were placed in grave danger and were exposed to situations such as the one which resulted in the deaths (of two workers)”. The CNDH added that this situation was in violation of Articles 7 and 9 of the Convention. In its 2012 report, the Government indicates that the representatives of the Office of the Federal Attorney for the Defence of Labour (PROFEDET) provided advice and legal representation to the widows, one of whom explicitly declined them, while the other did not come to the offices of the PROFEDET, for which reason it is assumed that she declined its services. The Government adds that the STPS accepted the recommendation of the CNDH, emphasizing that all times it discharged its functions of vigilance and verification in the mine in which the accident occurred. The Committee requests the Government to indicate whether an inquiry has been held regarding the accident, as provided for in Article 11(d) of the Convention, and its findings, particularly on the causes of the accident.

(ii) The Ferber pocito mine. In its previous comments, the Committee noted that, according to the SNTCPF, on 13 August 2009, the periodic inspection of the mine was conducted and, leaving aside the provisions that do not apply to small scale operations, 85 breaches of the regulations were reported and 76 corrective measures were ordered, and access was restricted. On 11 September 2009, a worker aged 23 died. The union adds that the labour inspectorate only appeared on 17 September 2009 to note or verify the implementation of the corrective measures ordered. It alleges that the STPS is negligent. The Committee noted that in the examination of the case conducted by the CNDH (Recommendation No. 85/2010 of 21 December 2010), it affirmed in similar terms that the provisions of the Convention were breached. In its 2012 report, the Government provides information on the action taken by the PROFEDET to obtain a higher benefit for the widow, and indicates that it achieved a higher sum than that originally granted. The Government adds that the STPS accepted the recommendation of the CNDH and recognized that its institutional responsibility consists of monitoring safety conditions in enterprises and punishing violations. The Committee requests the Government to provide information on whether the applicable regulations require follow-up inspections within a fixed period when one or a substantial number of violations are reported or corrective measures ordered, and to provide details on the time frame stipulated for such follow-up. The Committee further requests the Government to indicate whether an inquiry has been held regarding the abovementioned accident as provided for in Article 11(d) of the Convention, and its findings, particularly on the causes of the accident.

The Committee also asks the Government to report whether inquiries have been held in accordance with Article 11(d) of the Convention, where cases of occupational accidents – in this case in the coalmining sector in Coahuila – appear to reflect serious situations, and also to report the findings of such inquiries, particularly as regards the causes of such accidents.

In its previous comments, the Committee noted the Government’s statement that the Lulú mine and the Ferber pocito mine are not covered by the recommendations adopted by the Governing Body in its report on the representation, but that the Government was providing information on this subject to clarify such matters. The Committee indicated to the Government that information on accidents in these mines actually forms part of the follow-up to the recommendations made by the Governing Body, as the recommendation in paragraph 99(b)(i) of the report refers to ensuring the application of Articles 4 and 7 of the Convention, with particular emphasis on coalmines, and the recommendation in paragraph 99(b)(iii) of the report refers to ensuring the application of Article 9 of the Convention “in order to reduce the risk that accidents such as the accident in Pasta de Conchos occur in the future”. The Committee therefore indicated that information on accidents in coalmines in Coahuila and the analysis of their causes contribute to determining the real impact of the measures adopted and understanding whether everything was done that could reasonably have been expected to avoid or reduce as far as possible the causes of the hazards inherent in the working environment, in accordance with Article 4(2) of the Convention.

The Committee also drew the Government’s attention to the fact that the recurrence of accidents in mines which had manifestly failed to adopt the requisite occupational safety and health (OSH) measures, highlights the need to reinforce government action to ensure the application of the Convention in practice. The Committee therefore urged the Government to undertake, in accordance with Articles 4 and 7 of the Convention, and in consultation with the social partners, the periodic examination of the situation relating to the health and safety of workers and the working environment in coalmines in Coahuila, including the pocitos mines, with a view to identifying the principal problems, drawing up effective measures to resolve them, defining the order of priority of the measures to be taken and evaluating their results. The Committee also urged the Government to provide detailed information on this subject, including on the consultations held.

The Committee notes the Government’s indication that the forum for drawing attention to the OSH situation in coalmines in Coahuila consists of the National Occupational Safety and Health Advisory Commission (COCONASHT), the State Occupational Safety and Health Advisory Commissions (COCOESHT) and the State Occupational Safety and Health Advisory Subcommissions (SUBCOCOESHT). The Government adds that in 2008, a SUBCOCOESHT was created with the task of establishing appropriate measures to create safe conditions for workers in coalmines in Coahuila, and has held meetings with the social partners. The Committee notes the information provided concerning the action taken or planned, as described below. The Government refers to an inspection programme with five main priorities: (1) the completion of the full register (work will continue on completing a list of mines and mineshafts to be visited with a view to updating the databases of the participating authorities); (2) documentary requirements (enterprises which have not been inspected previously will be required to provide documentation demonstrating compliance with the respective standards); (3) inspections (which will be programmed in workplaces where inspections have been carried out before or where the records show repeated failures to comply with the regulations); (4) large-scale mining (targeting ten mines with a large number of workers); and (5) promotion (with the objective of promoting compliance with the various official Mexican Standards, and specifically NOM-032-STPS-2008 on safety in underground coalmines). The Government also provided information on the training and support activities undertaken by the Government of the State of Coahuila and the Federation of Coal Producers; the preparation in 2011 of a guide to assess compliance with safety and health standards for small-scale coalmining operations; and training for STPS staff, with courses being undertaken between January 2011 and May 2012 with 154 participants. Furthermore, on 28 March 2012, the STPS concluded an agreement with the CNDH for the consolidation of a human rights culture among public officials in the STPS, with particular reference to inspectors.

Nevertheless, the Committee emphasizes that the purpose of the reviews envisaged in Article 7 of the Convention is to identify major problems, evolve effective methods for dealing with them and priorities of action, and evaluate results, and that the Government has not provided information on all the points raised. The Committee once again requests the Government to indicate whether, in conformity with Articles 4 and 7 of the Convention and in consultation with the social partners, periodic examination has been undertaken of the situation relating to the health and safety of workers and the working environment in coalmines in Coahuila, including the pocitos mines, and to provide information on the following issues which, in accordance with Article 7 of the Convention, constitute the purpose of such examinations; (a) the major problems identified; (b) the methods proposed to deal with them; (c) the priorities for action; and (d) the evaluation of the results. Please also indicate the organizations of workers and employers represented and whether miners’ organizations participated in the examination.

Article 9. Adequate and appropriate system of inspection. In its previous comments, the Committee noted that the Lulú mine, which the Government closed on 10 February 2011, was first inspected on 7 August 2009, the day after the death of two workers, and that numerous irregularities relating to OSH were reported but that in spite of this the closure of the mine took 17 months. In the case of the Ferber pocito mine, the owner undertook the closure. The Committee referred to the Government’s statement that the inspectors enforced the existing regulations. The Committee considered that, in such a case, the regulations do not appear to constitute a framework that ensures an appropriate and adequate inspection system for safeguarding the lives, safety and health of workers in underground coalmines. The Committee also reminded the Government that in its recommendations the Governing Body asked it to ensure, by all necessary means, the effective monitoring of the application in practice of laws and regulations on occupational safety and health and the working environment, in consultation with the social partners. The Committee therefore requested the Government to examine, as part of the review required pursuant to Article 7, the manner in which the labour inspectorate can be strengthened, particularly in cases of imminent danger, and to provide information on this matter and also on the measures of immediate enforcement currently available to the labour inspectorate, including closure, in the event of imminent danger to the health and safety of the workers. It also requested the Government to undertake an analysis of the inspections conducted, concerning which it provided information to the Committee, in order to identify the principal problems with a view to achieving greater effectiveness of inspection activities in coalmines, and also to provide information on the measures proposed to address these problems. Pending the above reviews, the Committee urged the Government to take the necessary measures very rapidly to safeguard the lives and safety of the workers and to provide information on this point. The Committee notes that, according to the Government’s 2012 report, the STPS has established protocols for conducting safety and health inspections in mines, and that it also refers to the Guide for assessing compliance with safety and health regulations in small-scale coalmining operations. The Committee also notes the various measures for the strengthening of labour inspection, which are taken into account in various paragraphs of the present comment. The Government also refers to training courses and an increase in the number of federal labour inspectors, with 400 new inspectors envisaged in the budget for 2012. Reference is also made to the Support System for the Inspection Process (SAPI), through which the annual inspection programme will be generated at the central level, harmonization of records of violations and the measures ordered will be harmonized and greater control will be exercised over inspection activities in general. Work is also being undertaken for the specialization of inspectors in occupational safety and health regulations. With regard to measures of immediate enforcement, including closure, the Government indicates that all the measures proposed during a safety and health inspection within the mine shall be of immediate enforcement and permanent compliance and, in situations involving an imminent risk to the safety, physical integrity and life of workers, access to the interior of the mine has to be restricted in part or in full, with the reasons being given before the order is issued. In cases of failure to provide training to workers on the safety and health aspects of their work, their immediate withdrawal from the working area shall be ordered until compliance with this requirement is certified, where there exists a serious danger to the safety and health of the worker. The Committee nevertheless notes that the information provided previously, both by the Government and the SNTCPF, particularly regarding the Lulú mine, which took 17 months to close, does not appear to show that the inspectorate can, among its immediate powers, order the closure of the enterprise. The Committee notes that this point was not clarified by the information provided by the Government. The Committee once again requests the Government to indicate the measures of immediate enforcement currently at the disposal of the labour inspectorate, and to indicate clearly whether closure is among the measures of immediate enforcement in the case of imminent danger to the health and safety of workers.

II. Other measures

Compensation – Pensions. The Committee notes the information provided by the Government concerning the benefits established by law, the collective contract and also on the situation in relation to the compensation ordered and the appeals of the family members of the workers who died in Pasta de Conchos. With regard to their legal appeals, the Government indicates that, despite having challenged the various measures ordered with a view to raising the daily wages received by the workers, the Supreme Court of Justice of the Nation found that the benefits were to be calculated on the basis of the wage registered with the Mexican Social Security Institute (110–113 pesos/day). It also notes that, as a result of the criminal case deriving from the accident, the enterprise paid to all the dependants of the deceased workers the amount of 182,000 pesos in compensation. The Government also provides information on the payments made by the STPS in accordance with the rulings on claims for State responsibility. The Committee requests the Government to continue providing information on pending issues relating to the compensation and pensions of the family members of the deceased workers.

State and social benefits. The Committee notes that, according to the Government, an educational trust was created for the dependants of the workers of Pasta de Conchos to enable them to continue their studies while receiving financial and academic support, starting with their initial training until the conclusion of their studies. In June 2006, the educational trust covered 111 beneficiaries and, six years after it was created, six recipients of scholarships from the trust have completed their studies. The Committee requests the Government to continue providing information on this subject and to indicate how many of these 65 families have received assistance for access to housing.

Dialogue with the Pasta de Conchos families. With reference to its previous comments, the Committee notes the Government’s indication that in 2011 a meeting was held with the Pasta de Conchos Families Organization which covered subjects related to the situation of mining in the Coahuila coal region. With reference to the recuperation of the bodies, the Government reiterates the importance of safeguarding the lives of rescuers, for which reason any possibility of recuperating the bodies has to be based on the fundamental premise of not risking the lives and limbs of other persons. The Committee requests the Government to continue the dialogue with the organization and with the families to find an appropriate solution concerning the complaints raised by the families of the victims of the Pasta de Conchos accident and it requests the Government to continue providing information on the dialogue.

The Committee also draws the Government’s attention to its comments on the application of the Labour Administration Convention, 1978 (No. 150).

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

[The Government is asked to reply in detail to the present comments in 2015.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Articles 4 and 7 of the Convention. National policy. Reviews, either overall or in respect of particular areas. The Committee notes the Government’s indication that the National Occupational Safety and Health Advisory Commission (COCONASHT), a body composed of workers, employers and the Government, met on four occasions in 2011 and two in 2012 up to the date of the sending of the report. The Government adds that, in accordance with the work programme for 2011, the Commission reported an overall completion rate of 98.7 per cent, and 44.3 per cent up to April 2012. The Committee observes that these percentages do not help it to understand the situation regarding the application of these Articles of the Convention, unless the Government were to indicate what the percentages refer to and provide details. The Committee further notes that, in relation to the strategic activity of the development of the National Occupational Risks Information System, the following progress was achieved: (a) exchange of information on occupational risks prepared by the Mexican Social Security Institute (IMSS) and the Secretariat for Labour and Social Welfare (STPS), and those prepared by the Institute for Safety and Social Services for State Workers; (b) the design of the national occupational safety and health survey, on which the completion rate is 60 per cent; and (c) extension of the coverage of the electronic module on occupational health. The Committee notes once again that the Government has not supplied the information requested relating to the sectoral tripartite bodies which participate in these reviews and the manner in which the sectoral reviews are harmonized so as to culminate in a coherent national policy. The Committee once again requests the Government to indicate whether there are sectoral tripartite bodies which participate in the review of specific sectors, and, in this case, to indicate which sectors. The Committee asks the Government to indicate whether such reviews are undertaken with a view to identifying major problems, evolving effective methods for dealing with them and priorities for action, and evaluating results, as required by Article 7 of the Convention; and to provide information in this regard.

Construction sector. With reference to its previous comments, the Committee welcomes that, in relation to the high accident rate in this sector, activities have been undertaken since 2008 with a view to regulating this sector, including the inspections carried out and the adoption of Standard NOM 031 STPS 2011 (construction – occupational safety and health conditions). With a view to the implementation of this Standard, it has been agreed with the Mexican Chamber of the Construction Industry (CMIC) to develop protocol agreements based on the type of construction (large-scale, medium and small), and that both the CMIC and the Secretariat for Labour and Social Welfare are engaged in the dissemination of this Standard. The Committee requests the Government to indicate whether Standard NOM 031 STPS 2011 is binding and whether it has had an impact in terms of a fall in the rate of occupational accidents in the sector.

Article 9. Adequate and appropriate system of inspection. Programme of occupational safety and health self-management. With reference to its previous comments, the Committee notes that the objective of the Programme of Occupational Safety and Health Self-Management (PASST) is to encourage the introduction and operation in enterprises of occupational safety and health administration systems which correspond to national and international standards and are based on the regulations in force, with a view to promoting the operation of safe and healthy workplaces. The Government provides detailed information on the conditions for the admission to the programme; the requirements and stages which have to be completed to advance in it and to merit recognition as a “safe enterprise”; and the method of work and the impact of the programme in relation to occupational accidents in the various sectors of the economy. The Government adds that due to the short period of work in pozos (small-scale mines and pits), which is approximately six months, these are excluded from the programme, as the implementation of an occupational safety and health system involves earlier compliance with certain requirements and passing through certain stages which require over one year. The Committee also notes, from the tables contained in the Government’s report, the results of the implementation of the PASST in workplaces in various sectors of activity. It notes the information concerning the mining sector, in which the accident rate in the 18 work centres which have obtained the first level of recognition as “safe enterprises”, is 44.3 per cent lower than the accident rate in the mining sector in 2011. The accident rate in the six work centres which have obtained the second level of recognition as “safe enterprises” is 58.1 per cent lower than the rate for the mining sector in 2011, and in the six work centres with the third level of recognition as “safe enterprises”, the accident rate is 81.9 per cent lower than the rate for the mining sector. The Committee requests the Government to continue providing information on the inclusion of work centres in the Programme and its impact in terms of occupational accidents and diseases, particularly in the coal mining sector. It also requests the Government to indicate the accident rate in enterprises which have joined the PASST in relation to the accident rate in the same enterprises before joining the PASST, in order to demonstrate the progress achieved in the different categories of enterprises.

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. With reference to its previous comments, the Committee notes that the Government provides, as an example, the case of Aurico Gold of Mexico, in which work was interrupted as a result of a tremor which, on 6 March 2012, caused the death of one person, who was engaged in demonstration work in a former mine in view of the possibility of its exploitation once again. On 10 March 2012, the same enterprise indicated that the workers decided to leave their workplaces out of fear of a collapse, which did not have consequences for the workers, who were accompanied throughout by the labour authorities. It also refers to the case of the Peñoles company, which distributes an information card to its workers indicating that in the event of serious danger work shall not be commenced until the relevant and necessary measures have been taken. Thirdly, the Government refers to a brochure entitled “Basic safety requirements to work in a coal mine”. The Committee notes that the brochure contains important information on OSH standards and is drafted so as to facilitate understanding. However, it does not appear to include the indication that any worker who considers it necessary to interrupt work in a situation in which there is reasonable justification to believe it presents an imminent and serious danger to life or health shall be protected from undue consequences. The Committee requests the Government to ensure that employers and workers in all branches of activity are aware that in such situations they have the right to the protection afforded by this Article, for example through training brochures and to continue providing information on this subject.

Article 15. Coherence and coordination. With reference to its previous comments, the Committee notes the information provided by the Government to the effect that up to now 22 coordination agreements have been concluded to promote occupational safety and health and strengthen labour inspection with State governments. These agreements are intended to provide the basis for the implementation of joint action in the field of safety and health, promote the use of self-compliance machinery, training, comprehensive safety and health systems and the strengthening of inspection and verification. It also notes the information on the progress made in examining the preliminary draft amendments to the General Regulations for Inspection and the Application of Sanctions for Violations of Labour Legislation, which envisage empowering inspectors to close workplaces when they find that workers are exposed to an imminent risk. The Committee requests the Government to continue providing information on this subject as well as any relevant indications concerning the progress made and the obstacles encountered in improving the coherence and coordination envisaged in this Article of the Convention.

Article 17. Requirement for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. In its previous comments, the Committee noted that, according to the Government, effect is not given to this Article of the Convention in the legislation and that, in the event that various employers or enterprises co-exist or engage in activities at one workplace, each one is directly responsible for complying with the OSH regulations. The Government indicated that it considers that, in common areas of the workplace where several employers are active, the latter have to agree on the form in which they will comply with the applicable provisions. The Committee noted that this collaboration is precisely what the Convention regulates and that it is not an optional matter, but a requirement under this Article. It urged the Government to take the necessary measures to ensure that effect is given to this Article of the Convention and to supply information in this regard. The Committee notes the Government’s indication, with reference to sections 13 and 15 of the Federal Labour Act and section 15A of the Social Security Act, that it is clear that when two employers co-exist they have joint responsibility in relation to their obligations towards workers. The Government adds that Standard NOM 019 STPS 2011 respecting workplace safety committees establishes that other committees “can” be created taking into account subcontracting enterprises, which undertake work in the same workplace as the main activity. The Committee notes that the joint responsibility to which the Government refers in relation to section 15A of the Social Security Act appears to relate to social security obligations, and not occupational safety and health. With regard to workplace safety commissions, while noting that they may contribute to collaboration, the Committee further notes that they do not refer to employers, but to committees, and that the terms are not mandatory, but optional. The Committee therefore once again notes that the Government has not taken the necessary measures to give effect to this Article. The Committee once again urges the Government to take the necessary measures to ensure that effect is given to this Article of the Convention and to provide information on this matter.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee requested the Government to provide statistical information on occupational accidents and diseases, with an indication of the trends and the main problems encountered in the various sectors of activity and regions. The Committee notes Annex 4 to the Government’s report, according to which the three sectors with the highest accident rates are the following: (1) the construction industry, with 3.8 occupational accidents for every 100 workers; (2) mining and quarrying, with 3.6 occupational accidents for each 100 workers; and (3) commerce, with 3.5 occupational accidents for every 100 workers. The Committee requests the Government to provide information on the causes of the accident rates in each of these sectors and on the measures to address them, and requests it to continue providing statistics on this subject.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee is following up the recommendations made in the report adopted by the Governing Body in March 2009 (document GB.304/14/8) in relation to the accident that occurred at the Pasta de Conchos coalmine in Coahuila. In its comments in 2011, the Committee noted the discussions in the Conference Committee on the Application of Standards in June 2011 and its conclusions, a communication from the National Union of Federal Roads and Bridges Access and Related Services (SNTCPF), the Government’s report and the Government’s observations on a communication from that union received in 2010. The Committee observed that the discussion and conclusions of the Conference Committee on the Application of Standards also referred to the follow-up of the report on the representation and, in that context, to the application of the Convention to workers in coalmines in Coahuila. The communications of the trade union in 2010 and 2011 also referred to the same situation. The Committee notes the Government’s detailed report and a communication from the National Union of Workers (UNT). The UNT asserts that the Government has not provided reliable information to the public on the number of accidents, the general conditions of work and the organizations representing formal and informal workers engaged in the so-called pocitos (small-scale mines or pits), and it is unsure whether such information is included in the reports. It provides information on further occupational accidents, which have cost the lives of miners, and which was published in the media. The Committee invites the Government to provide the comments that it considers appropriate in relation to the communication of UNT.

I. Measures to be taken in consultation with the social partners

Articles 4(1) and (2), and 7 of the Convention. National policy. Overall reviews or reviews relating to specific areas: hazardous types of work such as those performed in the coalmining sector.

(a) Register of reliable data on existing mines and workers in these mines.

Background. In its previous comments, the Committee noted that, according to the Government, in Coahuila there are 909 mining concessions covering a surface area of 2.5 million hectares and that there are nine large coalmines and 62 medium-sized mines. With regard to the pocitos, the Government indicated that, as from March 2010, the GeoInfoMex satellite system was used for the location of such small-scale mines or pits, and that the project ended in May 2011. This resulted in the identification of 563 vertical shafts, in 297 of which activity was detected, which will be inspected. The Committee noted the distinction drawn by the Government between the registration of mining concessions and the registration of workplaces, and its indication that progress is being made in terms of coordination between the various State bodies connected with mining in Coahuila. The Committee requested the Government to continue supplying updated information on the number and type of mines and, recalling the request made by the Conference Committee on the Application of Standards, asked it to distinguish in that information between registered and unregistered mines. The Committee also requested the Government to indicate the estimated total number of miners in Coahuila, the number of registered miners and the estimated number of unregistered miners. These are two different but complementary issues that form part of the application of the Convention in all workplaces and to all workers at the workplace, for which reason it requested the Government to take the necessary measures to keep the fullest possible records in this respect and to provide information on this subject.

The 2012 report. The Committee notes the Government’s indication that, according to the information provided by the General Directorate of Mines of the Secretariat of the Economy, as of May 2012, there were 30,458 current concessions at the national level, of which 2,463 are located in the State of Coahuila; of these, 970 are coalmines of which 297 are small-scale mines or vertical shafts. With reference to the 297 small-scale mines or vertical shafts identified in Coahuila, of which the Committee took note in its previous comments, 149 have been inspected. The Government indicates that, with regard to the estimated number of miners, according to the inspections carried out by the labour authorities, 24,527 workers have been detected, and that the Mexican Social Security Institute (IMSS) has a record of 95,000 workers in the mining sector. An inter-institutional group has been established composed of the Secretariat for the Economy, the Mexican Social Security Institute, the Office of the Federal Attorney for the Protection of the Environment, the Office of the Federal Attorney for the Defence of Labour and the Secretariat of Labour and Social Welfare (STPS), for the purpose of exchanging databases so as to develop a single register of enterprises engaged in mining. The Committee notes that the information provided does not indicate whether the 24,527 workers referred to by the Government are located in Coahuila or at the national level, or whether they consist of registered or unregistered workers. With regard to the figure of 95,000 workers, this appears to refer to the national level, and not only to Coahuila. The Committee observes that the information provided by the Government does not correspond fully to the requests made by the Committee in its most recent comment. The Committee hopes that the new working group will contribute to improving coordination and the compilation of reliable and clear data, as a basis for making progress in improving the safety and health conditions in mining. The Committee once again requests the Government to provide information on the number and type of mines in Coahuila, including: (1) information distinguishing between registered and unregistered mines; (2) the total estimated number of miners in Coahuila; (3) the number of registered miners; and (4) the estimated number of unregistered miners.

(b) Accidents in the coalmining sector.

Background. In its previous comments, the Committee noted that, according to the Government, over the past ten years (2001–10), the IMSS has registered 38,069 occupational accidents and diseases in the mining sector and 340 fatalities. The Government indicated that, if a comparison is made between 2001 and 2010, the number of workers in the mining industry increased by 35.74 per cent and that, in terms of the number of fatalities, there was no significant change (31 in 2010 and 30 in 2001). The Committee noted that, according to a communication by the SNTCPF, between June 2010 and August 2011, 33 more miners died in occupational accidents, including 26 in Coahuila; 14 miners died on 3 May 2011 in Pit No. 3 of the BINSA company, none of whom were registered with the IMSS, including one miner under 14 years of age. In 2011, the Committee requested the Government to continue providing detailed information on these matters, including on accidents in coalmines and on the application of the Convention in the mines where the accidents occurred.

The 2012 report. The Committee notes the Government’s indication that the labour authorities have at all times supported the families of the deceased workers, including through the lodging of applications for work-related benefits, and that it provides details in this regard. In this respect, the Federal Arbitration Board handed down decisions supporting the claims, although they have not yet been executed as the parties can still appeal. The Government provides information on the various forms of assistance provided for the families. The Committee also notes the tables attached by the Government, and particularly the table entitled “Accidents in the mining industry”, which refer to certain accidents, the number of violations detected, the fines imposed and whether charges were made or are being brought. However, this information does not give the Committee an overview of developments in relation to occupational accidents in the coalmining industry, and whether their numbers have fallen or remained stable. The Committee requests the Government to provide statistical data on the number of occupational accidents in the coalmining industry, and particularly in Coahuila, with an indication of the number of accidents and victims since 2010 and up to the time of the preparation of the next report, with a distinction being made between accidents occurring in so-called “pocitos” and in medium-sized or large mines.

(i) The Lulú mine. In its previous comments, the Committee noted the information provided by the SNTCPF indicating that two workers died in the Lulú mine on 6 August 2009. According to the trade union, the mine has been in operation since 2001, but has never been inspected. In its 2011 report, the Government indicated that it had been planned to carry out an inspection in the Lulú mine in August 2009, but that the accident occurred on 6 August, before the inspection, so that an emergency inspection was carried out from 7 to 10 August, followed by another inspection on 13 and 14 August, and access was then restricted. The Committee also noted that the 2011 communication of the SNTCPF included as an appendix Recommendation 12/2011, of 29 March 2011, of the National Human Rights Commission (CNDH), which has constitutional status, concerning the accident in the mine. In its examination of the case, the CNDH states that “with the omissions described above on the part of the public servants of the Secretariat for Labour and Social Welfare (STPS) and the Secretariat for the Economy, operations at the enterprise were allowed under conditions that did not guarantee the integrity and the health of the workers, and they were placed in grave danger and were exposed to situations such as the one which resulted in the deaths (of two workers)”. The CNDH added that this situation was in violation of Articles 7 and 9 of the Convention. In its 2012 report, the Government indicates that the representatives of the Office of the Federal Attorney for the Defence of Labour (PROFEDET) provided advice and legal representation to the widows, one of whom explicitly declined them, while the other did not come to the offices of the PROFEDET, for which reason it is assumed that she declined its services. The Government adds that the STPS accepted the recommendation of the CNDH, emphasizing that all times it discharged its functions of vigilance and verification in the mine in which the accident occurred. The Committee requests the Government to indicate whether an inquiry has been held regarding the accident, as provided for in Article 11(d) of the Convention, and its findings, particularly on the causes of the accident.

(ii) The Ferber pocito mine. In its previous comments, the Committee noted that, according to the SNTCPF, on 13 August 2009, the periodic inspection of the mine was conducted and, leaving aside the provisions that do not apply to small-scale operations, 85 breaches of the regulations were reported and 76 corrective measures were ordered, and access was restricted. On 11 September 2009, a worker aged 23 died. The union adds that the labour inspectorate only appeared on 17 September 2009 to note or verify the implementation of the corrective measures ordered. It alleges that the STPS is negligent. The Committee noted that in the examination of the case conducted by the CNDH (Recommendation No. 85/2010 of 21 December 2010), it affirmed in similar terms that the provisions of the Convention were breached. In its 2012 report, the Government provides information on the action taken by the PROFEDET to obtain a higher benefit for the widow, and indicates that it achieved a higher sum than that originally granted. The Government adds that the STPS accepted the recommendation of the CNDH and recognized that its institutional responsibility consists of monitoring safety conditions in enterprises and punishing violations. The Committee requests the Government to provide information on whether the applicable regulations require follow-up inspections within a fixed period when one or a substantial number of violations are reported or corrective measures ordered, and to provide details on the time frame stipulated for such follow-up. The Committee further requests the Government to indicate whether an inquiry has been held regarding the abovementioned accident as provided for in Article 11(d) of the Convention, and its findings, particularly on the causes of the accident.

The Committee also asks the Government to report whether inquiries have been held in accordance with Article 11(d) of the Convention, where cases of occupational accidents – in this case in the coalmining sector in Coahuila – appear to reflect serious situations, and also to report the findings of such inquiries, particularly as regards the causes of such accidents.

In its previous comments, the Committee noted the Government’s statement that the Lulú mine and the Ferber pocito mine are not covered by the recommendations adopted by the Governing Body in its report on the representation, but that the Government was providing information on this subject to clarify such matters. The Committee indicated to the Government that information on accidents in these mines actually forms part of the follow-up to the recommendations made by the Governing Body, as the recommendation in paragraph 99(b)(i) of the report refers to ensuring the application of Articles 4 and 7 of the Convention, with particular emphasis on coalmines, and the recommendation in paragraph 99(b)(iii) of the report refers to ensuring the application of Article 9 of the Convention “in order to reduce the risk that accidents such as the accident in Pasta de Conchos occur in the future”. The Committee therefore indicated that information on accidents in coalmines in Coahuila and the analysis of their causes contribute to determining the real impact of the measures adopted and understanding whether everything was done that could reasonably have been expected to avoid or reduce as far as possible the causes of the hazards inherent in the working environment, in accordance with Article 4(2) of the Convention.

The Committee also drew the Government’s attention to the fact that the recurrence of accidents in mines which had manifestly failed to adopt the requisite occupational safety and health (OSH) measures, highlights the need to reinforce government action to ensure the application of the Convention in practice. The Committee therefore urged the Government to undertake, in accordance with Articles 4 and 7 of the Convention, and in consultation with the social partners, the periodic examination of the situation relating to the health and safety of workers and the working environment in coalmines in Coahuila, including the pocitos mines, with a view to identifying the principal problems, drawing up effective measures to resolve them, defining the order of priority of the measures to be taken and evaluating their results. The Committee also urged the Government to provide detailed information on this subject, including on the consultations held.

The Committee notes the Government’s indication that the forum for drawing attention to the OSH situation in coalmines in Coahuila consists of the National Occupational Safety and Health Advisory Commission (COCONASHT), the State Occupational Safety and Health Advisory Commissions (COCOESHT) and the State Occupational Safety and Health Advisory Subcommissions (SUBCOCOESHT). The Government adds that in 2008, a SUBCOCOESHT was created with the task of establishing appropriate measures to create safe conditions for workers in coalmines in Coahuila, and has held meetings with the social partners. The Committee notes with interest the information provided concerning the action taken or planned, as described below. The Government refers to an inspection programme with five main priorities: (1) the completion of the full register (work will continue on completing a list of mines and mineshafts to be visited with a view to updating the databases of the participating authorities); (2) documentary requirements (enterprises which have not been inspected previously will be required to provide documentation demonstrating compliance with the respective standards); (3) inspections (which will be programmed in workplaces where inspections have been carried out before or where the records show repeated failures to comply with the regulations); (4) large-scale mining (targeting ten mines with a large number of workers); and (5) promotion (with the objective of promoting compliance with the various official Mexican Standards, and specifically NOM-032-STPS-2008 on safety in underground coalmines). The Government also provided information on the training and support activities undertaken by the Government of the State of Coahuila and the Federation of Coal Producers; the preparation in 2011 of a guide to assess compliance with safety and health standards for small-scale coalmining operations; and training for STPS staff, with courses being undertaken between January 2011 and May 2012 with 154 participants. Furthermore, on 28 March 2012, the STPS concluded an agreement with the CNDH for the consolidation of a human rights culture among public officials in the STPS, with particular reference to inspectors.

Nevertheless, the Committee emphasizes that the purpose of the reviews envisaged in Article 7 of the Convention is to identify major problems, evolve effective methods for dealing with them and priorities of action, and evaluate results, and that the Government has not provided information on all the points raised. The Committee once again requests the Government to indicate whether, in conformity with Articles 4 and 7 of the Convention and in consultation with the social partners, periodic examination has been undertaken of the situation relating to the health and safety of workers and the working environment in coalmines in Coahuila, including the pocitos mines, and to provide information on the following issues which, in accordance with Article 7 of the Convention, constitute the purpose of such examinations; (a) the major problems identified; (b) the methods proposed to deal with them; (c) the priorities for action; and (d) the evaluation of the results. Please also indicate the organizations of workers and employers represented and whether miners’ organizations participated in the examination.

Article 9. Adequate and appropriate system of inspection. In its previous comments, the Committee noted that the Lulú mine, which the Government closed on 10 February 2011, was first inspected on 7 August 2009, the day after the death of two workers, and that numerous irregularities relating to OSH were reported but that in spite of this the closure of the mine took 17 months. In the case of the Ferber pocito mine, the owner undertook the closure. The Committee referred to the Government’s statement that the inspectors enforced the existing regulations. The Committee considered that, in such a case, the regulations do not appear to constitute a framework that ensures an appropriate and adequate inspection system for safeguarding the lives, safety and health of workers in underground coalmines. The Committee also reminded the Government that in its recommendations the Governing Body asked it to ensure, by all necessary means, the effective monitoring of the application in practice of laws and regulations on occupational safety and health and the working environment, in consultation with the social partners. The Committee therefore requested the Government to examine, as part of the review required pursuant to Article 7, the manner in which the labour inspectorate can be strengthened, particularly in cases of imminent danger, and to provide information on this matter and also on the measures of immediate enforcement currently available to the labour inspectorate, including closure, in the event of imminent danger to the health and safety of the workers. It also requested the Government to undertake an analysis of the inspections conducted, concerning which it provided information to the Committee, in order to identify the principal problems with a view to achieving greater effectiveness of inspection activities in coalmines, and also to provide information on the measures proposed to address these problems. Pending the above reviews, the Committee urged the Government to take the necessary measures very rapidly to safeguard the lives and safety of the workers and to provide information on this point. The Committee notes that, according to the Government’s 2012 report, the STPS has established protocols for conducting safety and health inspections in mines, and that it also refers to the Guide for assessing compliance with safety and health regulations in small-scale coalmining operations. The Committee also notes the various measures for the strengthening of labour inspection, which are taken into account in various paragraphs of the present comment. The Government also refers to training courses and an increase in the number of federal labour inspectors, with 400 new inspectors envisaged in the budget for 2012. Reference is also made to the Support System for the Inspection Process (SAPI), through which the annual inspection programme will be generated at the central level, harmonization of records of violations and the measures ordered will be harmonized and greater control will be exercised over inspection activities in general. Work is also being undertaken for the specialization of inspectors in occupational safety and health regulations. With regard to measures of immediate enforcement, including closure, the Government indicates that all the measures proposed during a safety and health inspection within the mine shall be of immediate enforcement and permanent compliance and, in situations involving an imminent risk to the safety, physical integrity and life of workers, access to the interior of the mine has to be restricted in part or in full, with the reasons being given before the order is issued. In cases of failure to provide training to workers on the safety and health aspects of their work, their immediate withdrawal from the working area shall be ordered until compliance with this requirement is certified, where there exists a serious danger to the safety and health of the worker. The Committee nevertheless notes that the information provided previously, both by the Government and the SNTCPF, particularly regarding the Lulú mine, which took 17 months to close, does not appear to show that the inspectorate can, among its immediate powers, order the closure of the enterprise. The Committee notes that this point was not clarified by the information provided by the Government. The Committee once again requests the Government to indicate the measures of immediate enforcement currently at the disposal of the labour inspectorate, and to indicate clearly whether closure is among the measures of immediate enforcement in the case of imminent danger to the health and safety of workers.

Request for information on any developments concerning the possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176), based on Mexican Official Standard NOM-032-STPS-2008 respecting safety in underground coalmines. In its previous comments, the Committee requested the Government to provide information on the results of the consultations held on 18 July 2011 with the Confederation of Chambers of Industry (CONCAMIN), the Employers’ Confederation of the Republic of Mexico (COPARMEX), the Confederation of Workers of Mexico (CTM) and the Mining and Metallurgy Union. The Committee notes the Government’s indication that on 17 August 2012, with a view to complying with the requirements set out in article 19 of the ILO Constitution respecting submission, the conclusion of the review of Convention No. 176 was transmitted to the Office of the Legal Advisor of the Secretariat for Foreign Relations so that the Senate can consider whether to ratify the Convention. The Committee once again requests the Government to provide information on the developments relating to the ratification of Convention No. 176, including information on any obstacles identified concerning its ratification.

II. Technical assistance

In its previous comments, the Committee invited the Government to request technical assistance from the Office in relation to the possible ratification of Convention No. 176. The Conference Committee on the Application of Standards, in its 2011 conclusions, also invited the Government to request technical assistance from the Office. In its most recent comments, the Committee indicated that, in view of the difficulties of application that persist in the coalmining sector, it once again invited the Government to avail itself of technical assistance from the Office in order to address these problems and it requested the Government to notify the Office of its decision in this regard. The Committee notes the Government’s statement that it can be seen from the information provided that the STPS has strengthened the action of the Federal Labour Inspectorate through an adequate inspection programme, although it nevertheless indicates that, if necessary, it will avail itself of the technical assistance of the Office. Recalling that the invitation to request technical assistance from the Office was related to the possible ratification of Convention No. 176, the Committee once again invites the Government to consider requesting technical assistance from the Office with a view to the possible ratification of Convention No. 176 and to provide information on this subject.

III. Other measures

Compensation – Pensions. The Committee notes the information provided by the Government concerning the benefits established by law, the collective contract and also on the situation in relation to the compensation ordered and the appeals of the family members of the workers who died in Pasta de Conchos. With regard to their legal appeals, the Government indicates that, despite having challenged the various measures ordered with a view to raising the daily wages received by the workers, the Supreme Court of Justice of the Nation found that the benefits were to be calculated on the basis of the wage registered with the Mexican Social Security Institute (110–113 pesos/day). It also notes that, as a result of the criminal case deriving from the accident, the enterprise paid to all the dependants of the deceased workers the amount of 182,000 pesos in compensation. The Government also provides information on the payments made by the STPS in accordance with the rulings on claims for State responsibility. The Committee requests the Government to continue providing information on pending issues relating to the compensation and pensions of the family members of the deceased workers.

State and social benefits. The Committee notes that, according to the Government, an educational trust was created for the dependants of the workers of Pasta de Conchos to enable them to continue their studies while receiving financial and academic support, starting with their initial training until the conclusion of their studies. In June 2006, the educational trust covered 111 beneficiaries and, six years after it was created, six recipients of scholarships from the trust have completed their studies. The Committee requests the Government to continue providing information on this subject and to indicate how many of these 65 families have received assistance for access to housing.

Dialogue with the Pasta de Conchos families. With reference to its previous comments, the Committee notes the Government’s indication that in 2011 a meeting was held with the Pasta de Conchos Families Organization which covered subjects related to the situation of mining in the Coahuila coal region. With reference to the recuperation of the bodies, the Government reiterates the importance of safeguarding the lives of rescuers, for which reason any possibility of recuperating the bodies has to be based on the fundamental premise of not risking the lives and limbs of other persons. The Committee requests the Government to continue the dialogue with the organization and with the families to find an appropriate solution concerning the complaints raised by the families of the victims of the Pasta de Conchos accident and it requests the Government to continue providing information on the dialogue.

The Committee also draws the Government’s attention to its comments on the application of the Labour Administration Convention, 1978 (No. 150).

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Referring to its observation, the Committee requests the Government to supply information on the following points.

Articles 4 and 7 of the Convention. National policy and reviews, either overall or in respect of particular areas. Referring to its previous comments, the Committee notes the information supplied by the Government on the 2008 review of occupational safety and health conditions undertaken by the National Advisory Committee on Occupational Safety and Health (COCONASHT). The most recent information from the Government indicates that COCONASHT, at its penultimate session of 22 March 2011, reported on the degree of completion of its commitments, indicating for example that, as regards the implementation of the national information system on occupational accidents and diseases, the completion rate was 74 per cent. The Committee notes that this percentage does not enable any clear evaluation of the extent to which the abovementioned Articles of the Convention are applied. It also notes that the Government has not supplied the requested information relating to the sectoral tripartite bodies which participate in these reviews and the manner in which the sectoral reviews are harmonized so as to culminate in a coherent national policy. The Committee requests the Government to supply information on its national policy and the reviews concerning specific sectors which have been implemented or are due to be implemented pursuant to Article 7 of the Convention. In view of the Government’s statement that there is a high accident rate in the construction industry, the Committee requests the Government to supply information on the main problems in this sector and the measures taken or contemplated in consultation with the social partners.

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. Referring to its previous comments, the Committee notes the Government’s reiteration that its legislation is in conformity with the Convention. The Committee requests the Government to supply information on cases of the application of this Article in practice and also on the manner in which employers and workers have been informed of the protection provided by these Articles of the Convention.

Article 15. Coherence and coordination. Referring to its previous comments, the Committee notes the information supplied by the Government concerning the “Preliminary draft reform of the general inspection regulations and application of penalties for violations of labour legislation” is awaiting dispatch to the Federal Commission on Legislative Reform and the fact that approval thereof is subject to approval of the amendments to the Federal Labour Act. It also notes the Government’s statement that 16 coordination agreements have been signed with a view to strengthening the labour inspectorate and promoting occupational safety and health (OSH) in various states. The Committee requests the Government to continue to supply information on the preliminary draft regulations and the 16 agreements that have been signed, particularly as regards strengthening the labour inspectorate to give effect to the rights and obligations contained in the present Convention, including on facilities for closure in the event of imminent danger and also on the manner in which hazard prevention is ensured in every workplace.

Article 17. Obligation for employers to collaborate whenever two or more undertakings engage in activities simultaneously at one workplace. In its previous comments the Committee noted the Government’s indication that effect is not given to this Article in the legislation and that, in the event that various employers or enterprises co-exist or engage in activities at one workplace, each one is directly responsible for complying with OSH provisions. The Government indicated that it considers that, in common areas of the workplace where several employers are active, the latter must agree on the form in which they will comply with the applicable provisions. The Committee pointed out that this collaboration is precisely what the Convention regulates and that it is not an optional matter but an obligation under this Article. The Committee asked the Government to take the necessary steps to ensure that effect is given to this Article of the Convention and to ensure that, if necessary, the competent authorities prescribe general procedures for this collaboration, in accordance with Paragraph 11 of the Occupational Safety and Health Recommendation, 1981 (No. 164), and to supply information in this respect. The Committee notes with regret that the Government repeats similar information, stating that “it is considered” that in common areas employers must agree on the form of collaboration. The Committee repeats that this is an obligation laid down by the Convention and urges the Government to take the necessary measures to ensure that effect is given to this Article of the Convention and to supply information in this regard.

Part V of the report form. The Committee requests the Government to supply statistical information on occupational accidents and diseases, indicating the trends and the main problems encountered, in the various sectors of activity and regions.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 100th Session, June 2011)

Follow-up to the recommendations of the tripartite committee (representation made under article 29 of the Constitution of the ILO)

The Committee notes the discussions that took place in the Conference Committee on the Application of Standards in June 2011, the conclusions of the Conference Committee, a communication from the National Union of Federal Roads and Bridges Access and Related Services of Mexico (SNTCPF) received on 2 September 2011, the Government’s report received on 11 October 2011 and its appendices, and the observations from the Government on a communication from the aforementioned union received in 2010. The Committee is following up on the recommendations made by the Governing Body in March 2009 (document GB.304/14/8) further to the accident that took place at the Pasta de Conchos coalmine in Coahuila. The Committee indicates that the discussions and conclusions of the Conference Committee on the Application of Standards also refer to the follow-up to the report and, in that context, to the application of this Convention to workers in coalmines in Coahuila. The communications from the trade union in 2010 and 2011 also refer to the same situation. In view of the fact that the Committee has before it the documents mentioned above and their numerous appendices and questions relating to the issues raised by the Governing Body, the Conference Committee and the Committee of Experts in previous years, the Committee will restructure the follow-up by combining related themes. The Committee will briefly note in its comment the main aspects of the communication of 2011 and will examine the communication in further detail in conjunction with any observations the Government sees fit to make, including with regard to allegations of child labour in the coalmines, which the Committee will examine in due course as part of its examination of the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).

I. Measures to be taken in consultation with the social partners

Articles 4(1) and (2) and 7 of the Convention. National policy. Overall reviews or reviews relating to specific areas: hazardous types of work such as those performed in the coalmining sector.

(a) Register of reliable data on existing mines and of workers in these mines. In its previous comments the Committee noted a communication from the SNTCPF, to the effect that there is no register that would enable an overview of legal, illegal and clandestine mines in the coal-producing region of Coahuila, and consequently it is impossible to plan the necessary measures, to monitor their application and to inspect the mines. The Conference Committee on the Application of Standards asked the Government to indicate the number and type of mines in the coal-producing region of Coahuila, including, as far as possible, the registered and non-registered sectors. This information is essential to be able to formulate, revise and implement a national occupational safety and health (OSH) policy based on prevention. The Committee notes the Government’s statement that the Ministry of Labour and Social Security (STPS) indicates that the number of workplaces does not necessarily coincide with the number of mining concessions awarded by the Ministry of Mining. The Government indicates that the STPS has a National Directory of Enterprises and that, as at July 2011, the Directory contains 201 registered workplaces in the state of Coahuila involved in coalmining activities. It also indicates that in Coahuila there are 909 mining concessions covering a surface area of 2.5 million hectares and that there are nine large coalmines and 62 medium-sized coalmines. As regards the pocitos (small-scale mines or pits), the Government indicates that from March 2010 the GeoInfoMex satellite system was used for the location of pozos (small-scale mines or pits), a project that ended in May 2011. This resulted in the identification of the existence of 563 vertical shafts, in 297 of which activity was detected, and these will be inspected. The Committee notes that the Government distinguishes between the registration of mining concessions and the registration of workplaces and indicates that it is making progress on coordination among the various state bodies connected with mining in Coahuila. The Committee requests the Government to continue to supply up-to-date information on the number and type of mines and, recalling the request made by the Conference Committee on the Application of Standards, requests it to distinguish between registered and non-registered mines in that information. The Committee also requests the Government to indicate the estimated total number of miners in Coahuila, the number of registered miners and the estimated number of non-registered miners. The Committee understands that these are two different but complementary issues that form part of the application of the Convention at the workplace and to all the workers employed there, and requests it to take the necessary measures to obtain the fullest possible records and to provide information in this regard.

(b) Accidents in the coalmining sector. The Committee notes the Government’s statement that in the last ten years (2001–10) the Mexican Social Security Institute (IMSS) recorded 38,069 occupational accidents and diseases in the mining sector and 340 deaths. The Government indicates that, if a comparison is made between 2001 and 2010, the number of workers in the mining industry increased by 35.74 per cent and that, as regards the number of deaths, there was no significant variation (31 in 2010 and 30 in 2001). The Committee also notes that, according to the communication, from June 2010 to August 2011, 33 more miners died in occupational accidents, including 26 in Coahuila. It also states that 14 miners died on 3 May 2011 at pozo 3 of the BINSA company and that none of these 14 were registered with the IMSS, their average age was 24 years, and one 14-year-old worker survived who had left school and was on the payroll, even though the enterprise stated that he was merely accompanying his father. The Committee asks the Government to continue to provide detailed information on these issues, including on the accident in which 14 workers died. The Committee also asks the Government to continue providing statistics on accidents in coalmines and on the application of the Convention to mines in which accidents have occurred.

(i) Lulú mine. In 2010, the Committee briefly noted the information supplied by the trade union, indicating that two workers died at the Lulú mine on 6 August 2009. According to the trade union, this mine had been in operation since 2001 but had never been inspected. The union also declares that the employer, “in the manner of the region”, put pressure on the families of the workers not to coordinate with the Pasta de Conchos group of families or with the Pastoral Laboral organization, otherwise they would receive nothing. The union indicates that the families filed a complaint on 31 August and described in detail the defects in terms of safety regulations (pithead constructed with unsuitable material, lack of a fire escape, obstacles on the roadway, water lying in the mine, lack of training and no first-aid kit, etc.). It indicates that the workers were registered with the IMSS for 486.45 Mexican pesos (MXN) per week and MXN1,500 were paid for piecework, without any registration. The SNTCPF declares that, according to the Ministry of Economic Affairs, the Lulú concession was in order but the trade union maintains otherwise, and supplies detailed information to support its arguments. In its 2011 report, the Government states that it had been planned to conduct an inspection at the Lulú mine in August 2009 but that, prior to the inspection, the accident occurred on 6 August, and so an emergency inspection was conducted from 7 to 10 August, followed by another inspection on 13 and 14 August, and access was then restricted. Five inspection visits were conducted to verify that the restriction on access had not been violated, on 31 August, 2, 4 and 15 September, and 29 October 2009. Other inspections and procedures were conducted in 2010, on 2 February 2011 the mine was closed for repeated failure to implement safety measures, and on 10 February 2011 the workers were notified. The Government concludes by stating that the labour inspector, as was his duty, enforced the applicable standards and it therefore rejects the allegations from the union that the inspection activities were “acts of simulation”. The Committee notes that the union’s communication of 2011 includes as an appendix Recommendation 12/2011 of 29 March 2011 of the National Human Rights Commission (CNDH), which has constitutional rank, concerning the accident at this mine. In its examination of the case, the CNDH states that “with the omissions described above on the part of public servants of the STPS and the Ministry of Economic Affairs, operations at the abovementioned enterprise were allowed under conditions that did not guarantee the integrity and health of the workers, and they were placed in grave danger and were exposed to situations such as the one that resulted in the death of (two workers)”. It also states that this situation contravened Articles 7 and 9 of the present Convention.

(ii) Ferber pocito mine. In its communication of 2010, the union indicated that on 13 August 2009 the periodic inspection of this mine was conducted and, leaving aside the provisions that do not apply to small-scale operations, 85 breaches of the provisions were recorded and 76 corrective measures were ordered, with restriction on access. On 11 September a 23-year-old worker died. The union also indicates that the labour inspectorate only appeared on 17 September 2009 to conduct the inspection. It claims that the Ferber construction company’s arrangements for severance of the workers’ employment were illegal and that the employer abandoned the scene of the accident without securing or signposting the entrance. The union concludes by stating that there was negligence on the part of the STPS of Coahuila, inasmuch as the latter seemed to consider it sufficient to complete the inspection forms, and that these “acts of simulation” leave the miners and their families in a state of helplessness. In its 2011 report, the Government corroborates the inspection of 13 August, explaining that a second inspection was made on 17 September because the employer failed to meet his obligation to notify the accident; subsequent inspections were conducted on 21 September, when the restriction on access to the mine was reiterated. The labour authority has established physically that the Ferber pocito mine no longer exists, but the prosecution proceedings are continuing and the authority has offered support to the family of the worker who died. The Committee notes that, during the examination of the case conducted by the CNDH (Recommendation No. 85/2010 of 21 December 2010), the CNDH affirmed in similar terms that the provisions of the present Convention have been breached.

The Committee notes the Government’s statement that the Lulú mine and the Ferber pocito mine are not covered by the recommendations adopted by the Governing Body in its report on the representation but that it is providing information with a view to clarifying such matters. The Committee draws the Government’s attention to the fact that information on accidents in these mines actually forms part of the follow-up to the recommendations made by the Governing Body since the recommendation in paragraph 99(b)(i) of the report refers to ensuring the application of Articles 4 and 7 of the Convention with particular emphasis on coalmines, and the recommendation in paragraph 99(b)(iii) of the report refers to ensuring the affiliation of Article 9 of the Convention “in order to reduce the risk that accidents such as the accident in Pasta de Conchos occur in the future”. The Committee therefore indicates that information on accidents in the coalmines of Coahuila and the analysis of their causes contribute towards determining the real impact of the measures adopted and understanding whether everything was done that reasonably could have been expected to be done to avoid or reduce as far as possible the causes of the hazards inherent to the working environment. The Committee notes the dissemination activities of NOM 032-STPS-2008 and other promotional activities indicated by the Government, and notes that methods for the evaluation of hazards are based on this standard. Nevertheless, it draws the Government’s attention to the fact that the repetition of accidents in mines which have manifestly failed to adopt the requisite OSH measures highlights the necessity of reinforcing government action to ensure the application of the Convention in practice. The Committee therefore urges the Government to undertake, in conformity with Articles 4 and 7 of the Convention and in consultation with the social partners, the periodic examination of the situation relating to the health and safety of workers and the working environment in the coalmines in Coahuila, including the pocito mines, in order to identify the principal problems, draw up effective measures to resolve them, define the order of priority of the measures to be taken and evaluate their results. The Government is also requested to provide detailed information in this regard, including on the consultations undertaken.

Article 9. Adequate system of inspection. The Committee notes the Government’s statement that a draft reform of the Federal Labour Act is awaiting analysis and opinion in Congress, and this draft proposes in particular that inspectors shall be able to restrict access or limit operations in areas where risks are detected to the lives, health or integrity of the workers and conduct a more streamlined procedure for total or partial closure. It also notes the Government’s indication that the labour and mining authorities have developed a joint strategy for preventing a workplace from continuing to operate when, during any inspection and without the need to exhaust the procedures laid down in section 512-D of the Federal Labour Act, imminent risks of violation of the regulations relating to OSH have been identified. The Government declares that, under this strategy, once the labour inspector has issued an order for access to be restricted, this is immediately brought to the attention of the National Directorate of Mines at the Ministry of Economic Affairs so that this department can issue an order for the provisional suspension of work at the mine. If the risks continue after the inspection visit, the mining authority is requested to order the permanent suspension of work. The Government states that the National Directorate of Mines was thus notified by the STPS of 14 restrictions on access on account of imminent danger, and suspension was notified on ten sites. It also indicates that improvements were made to the procedures for enforcing closure as envisaged in section 512-D of the Federal Labour Act and, accordingly, the Lulú mine was closed on 10 February 2011. The Committee also notes that the Government has supplied a CD and a folder of labour inspection documents relating to the coalmines of Coahuila. The Committee draws the Government’s attention to the fact that, for this information to be useful to the Government and the social partners and also to the Committee, the Government needs to undertake an analysis of the information, identifying trends regarding the cases of non-compliance detected, the effectiveness or otherwise of the measures taken by, or available to the labour inspectorate for remedying cases of non-compliance, especially in cases of serious and imminent danger, including its own evaluation in conjunction with the social partners of whether the system and the legal remedies available are appropriate and sufficient. The Committee refers to its previous paragraphs in which it noted the cases of the Ferber and Lulú mines as providing an illustration of the application and monitoring of OSH regulations. The Committee notes with concern that the Lulú mine which the Government closed on 10 February 2011 had its first inspection on 7 August 2009, the day following the death of two workers, that numerous irregularities relating to OSH were reported, and that in spite of this the closure of the mine took 17 months. In the case of the Ferber mine, the proprietor undertook the closure. The Committee notes the Government’s statement that the inspectors enforced the existing regulations. In that case, those regulations do not appear to constitute a framework that ensures an appropriate and adequate inspection system for safeguarding the lives, safety and health of workers in underground coalmines. Furthermore, the Committee reminds the Government that in its recommendations the Governing Body asked the Government to ensure, by all necessary means, the effective monitoring of the application in practice of laws and regulations on occupational safety and health and the working environment, in consultation with the social partners. The Committee therefore requests the Government to examine, as part of the review required by the Committee pursuant to Article 7, the manner in which the labour inspectorate can be strengthened, particularly in cases of imminent danger, and to provide information on this matter and also on the measures for immediate enforcement currently at the disposal of the labour inspectorate, including closure in the event of imminent danger to the health and safety of the workers. It also requests the Government to undertake an analysis of the inspections conducted of which it informed the Committee in order to identify the principal problems with a view to achieving greater effectiveness in inspection work in coalmines and also provide information on the measures proposed for tackling these problems.

Pending the abovementioned reviews, the Committee urges the Government to take the necessary measures in the very near future to safeguard the lives and safety of the workers and to send information in this regard.

With regard to the Occupational Safety and Health Self-Management Programme, the Committee asks the Government to provide detailed information on its operation, including details of the requirements for joining the Programme, the manner in which the labour inspection services monitor activities implemented under the Programme and its impact on safety and health in mines and in the “pocitos” where coal is extracted.

Request for information on any developments concerning the possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176), based on Mexican Official Standard NOM-032-STPS-2008 concerning safety in underground coalmines. The Committee notes the Government’s statement that on 18 July 2011 consultations were held, with a view to evaluating whether ratification should occur, with various state bodies, plus the Confederation of Chambers of Industry (CONCAMIN), the Employers’ Confederation of the Republic of Mexico (COPARMEX), the Confederation of Workers of Mexico (CTM) and the Mining and Metallurgy Union. The Government states that at the time of sending its report (October 2011) it was awaiting the requested information. The Committee requests the Government to supply information on the results of these consultations with the social partners.

II. Other measures

Compensation, pensions. The Committee notes the union’s indication in its communication of 2010 that death certificates were issued, which would supposedly speed up procedures, but in fact this only resulted in the calculation of pensions and compensation amounting to a starvation wage for the families owing to the fact that, when the time and date of the miners’ deaths were indicated, the payment of a “triple wage” to the families which should have been made by the company in the following days was cancelled (despite the company’s obligation to maintain this commitment until the handing over of the mortal remains) and was suspended in March 2007. This triple wage meant that the deceased workers’ contributions to the IMSS were maintained for more than one year, as though they were still alive, but this sum of money was not given to the families. The union maintains that, in the cases represented by Office of the Federal Attorney for the Defence of Labour (PROFEDET), the wages were not increased and that, in cases involving private lawyers who requested this, the requests were refused because the death certificates were contested and rejected. It also indicates that the enterprise gave humanitarian aid of MXN830,000, which did not represent compensation but was a response to the fact that the awards had been contested. It indicates that the amounts of compensation ranged from MXN66,200 to MXN117,000. The Committee also notes the Government’s statement that, as regards the 57 demands for compensation filed by the families of the miners who died at the Pasta de Conchos mine, a judgment was issued ordering the Industrial de México and General de Hulla companies to pay the beneficiaries the legal contractual benefits for death in an industrial accident, funeral expenses, seniority bonus, vacation allowance and bonus, the extra month’s wage, life insurance savings fund payments, and compensation. The Government also indicates that all the awards were appealed against by the parties. As regards pensions, the Government states in reply to the communication of 2010 that these were not calculated incorrectly but were based on the wages registered with the IMSS. The Government also indicates the rulings handed down by the courts with regard to the appeals against the awards. The Committee requests the Government to indicate which issues are still pending with regard to compensation and pensions for the families of the deceased workers.

State and social benefits. The Committee notes the detailed information provided by the Government but notes that this does not enable the number of beneficiaries among the widows and children of the deceased workers to be identified. Noting that housing and scholarships were promised and that the communication refers to 106 children whose fathers died at Pasta de Conchos, the Committee requests the Government to indicate how many of the children whose fathers died are receiving scholarships and how many of the 65 families have received assistance with housing.

Dialogue with the Pasta de Conchos families. The Committee notes the Government’s statement that the Government held various meetings in 2007 and 2011 with the Pasta de Conchos Families’ Organization and the families of the miners with a view to ensuring the observance and full exercise of their rights, including an analysis and discussion of a possible recovery of the bodies. The Committee also notes that the 2011 communication continues to make allegations of harassment of the defenders of the Pasta de Conchos Families’ Organization by means of defamatory public statements that include accusations of opportunism and making money out of the tragedy. The Committee considers that the families of the victims of the Pasta de Conchos accident, including the 106 children who lost their fathers, deserve special care and attention from the Government. The Committee requests the Government to continue the dialogue with the organization and the families in order to find an appropriate solution to the complaints made by the families of the victims of the Pasta de Conchos accident, including with regard to the possibility referred to by the Government of recovering the bodies of the miners, and requests the Government to continue to provide information on the ongoing dialogue.

III. Technical assistance

In its previous comments the Committee invited the Government to avail itself of technical assistance from the Office in relation to the possible ratification of Convention No. 176. It also notes that the Conference Committee on the Application of Standards, in its 2011 conclusions, also invited the Government to avail itself of technical assistance from the Office. The Committee notes the Government’s indication that the Director-General of Labour Inspection appointed a person to forward the necessary information to the Office but notes that it has not received any information concerning the Government’s decision to accept the request of the Committee and the Conference Committee. In view of the difficulties relating to application that persist in the coalmining sector, the Committee again requests the Government to avail itself of technical assistance from the Office in order to tackle these problems and requests it to notify the Office of its decision in this regard.

The Committee also draws the Government’s attention to its comments on the application of the Labour Administration Convention, 1978 (No. 150).

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

[The Government is asked to reply in detail to the present comments in 2012.]

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

With reference to its observation, the Committee requests the Government to supply information on the following points.

Articles 4 and 7 of the Convention. National policy and reviews, either overall or in respect of particular areas. The Committee refers to its comments on these matters in its observation and also notes the Government’s reference in its report to various activities which it has undertaken, for example, Project VII “Promoting specialized technical training in occupational safety and health”. The Committee requests the Government to provide information not just on activities but rather on the conclusions of the review of national policy, the problems identified and areas where improvement is needed to give full effect in law and in practice to the provisions of the Convention, and the objectives stated. The Committee notes the information supplied by the Government and requests it to continue to supply information on the application of this Article. The Government is also requested to indicate whether there are any sectoral tripartite bodies which participate in these examinations and indicate the manner in which sectoral examinations are harmonized so as to result in a coherent national policy.

Articles 13 and 19(f). Protection of workers who interrupt work situations presenting an imminent and serious danger. With reference to its observation, the Committee recalls that in its observation of 2000, it noted the court decision establishing case law relating to the right of workers to be protected when they withdraw on justifiable grounds from their place of work because they consider that there is an imminent and serious danger to their life or health (Articles 13 and 19(f) of the Convention). In its report of 1999 the Government stated that, with regard to providing information on any legal precedent, administrative circular or interpretation of legal doctrine which guarantees and clarifies the right of workers to be protected from undue consequences, should they deem it necessary to interrupt a work situation which presents an imminent and serious danger to their life or health, the Federal Labour Act establishes in general, in section 51(7) and section 133(VII), the rights of workers to be protected from undue consequences, should they deem it necessary to interrupt a work situation which presents an imminent and serious danger to their life and health (...), and attached examples of case law to this effect. The Committee requests the Government to indicate whether this statement continues to apply, namely that Mexico actually ensures the application of Article 13 in all the sectors covered by the Convention, as stated by the Government in 1999.

Article 15. Coherence and coordination. With reference to its previous comments, the Committee notes the remedial measures described by the Government. It also notes that, in order to respond to the requests and inadequacies in occupational safety and health (OSH), eight projects were established, including: (1) establishment of a national OSH system; (2) modernization of the regulatory framework for OSH; (3) enhancing self-management programmes for OSH; (4) development of the national information system relating to occupational accidents and diseases, strengthening of consultation and risk prevention mechanisms, financing of occupational risk prevention; and (5) promotion of specialized technical training in OSH. The Government also announces the following measures with respect to labour inspection: preparation of preliminary draft regulations for inspection and the imposition of penalties, greater participation of the state authorities in the enforcement of obligations, specialization of federal labour inspectors, promotion of the signature of Conventions in coordination with the federative entities for OSH. The Committee requests the Government to supply information on the evaluation and impact of the aforementioned projects and activities and the manner in which they contribute towards giving effect to this Article.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the Government’s indication that effect is not given to this Article in the legislation and that, in the event that various employers or enterprises coexist or engage in activities at one workplace, each one is directly responsible for complying with OSH provisions. The Government indicates that it considers that, in common areas of the workplace where several employers are active, the latter must agree on the form in which they will comply with the applicable provisions. The Committee points out that this collaboration is precisely what the Convention regulates and that it is not an optional matter but an obligation under this Article. The Committee requests the Government to take the necessary steps to ensure that effect is given to this Article of the Convention and to ensure that the competent authorities prescribe general procedures for this collaboration, since it is compulsory, in accordance with Paragraph 11 of the Occupational Safety and Health Recommendation, 1981 (No. 164), and to supply information in this respect.

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

Follow-up to the recommendations of the Tripartite Committee (representation made under article 24 of the Constitution of the ILO). The Committee notes the discussions that took place in the Conference Committee on the Application of Standards in June 2010, the conclusions of the Conference Committee, a communication from the National Union of Federal Roads and Bridges Access and Related Services of Mexico which was sent to the Government on 2 August 2010, and the Government’s report received on 14 September 2010.

A. Conference Committee on the Application of Standards. The Committee notes that in its conclusions the Conference Committee asked the Government to provide detailed up-to-date information for the 2010 meeting of the Committee of Experts on the follow-up measures taken with respect to the recommendations adopted by the Governing Body, concerning the representation made under article 24 of the ILO Constitution in relation to the accident that took place in the Pasta de Conchos mine. The Government was to have provided information on the number and nature of accidents, in both the formal and informal sectors of the mining industry; the risk evaluation methods used in the mining industry; the compensation actually paid and compensation still owing to the survivors and the families of the victims – including compensation for damages to be borne by the company involved in this case – and the relevant state benefits, and also any social benefits provided for the families of miners without social protection. Furthermore, the Committee urged the Government to ensure that all relevant actions and measures relating to this case are taken in close cooperation with the social partners and asked the Committee of Experts to continue to follow up on events and on progress made.

B. Communication from the National Union of Workers of Federal Roads and Bridges Access and Related Services of Mexico (SNTCPF). The Committee notes the detailed communication which alleges failure by the Government of Mexico to comply with the recommendations made by the Governing Body in its report on the representation. The Committee notes that the trade union – which was one of the complainants – asks for a recommendation to be issued complementing the report on the representation (document GB.304/14/8). The Committee informs the union that, according to established practice, when facts and allegations similar to those of a representation are presented, it is for the Committee to examine them in the context of the follow-up to measures taken further to the recommendations made by the Governing Body. Noting that the Government has still not made its comments, the Committee will deal with this communication in greater detail at its next meeting, in the light of any comments that the Government sees fit to make. The key points of the lengthy communication would appear to be the following:

(a).. Registration of reliable data on existing mines, adequate OSH measures and labour inspection. The trade union alleges failure to apply Official Mexican Standard NOM‑032‑STPS-2008, inasmuch as there is no register providing a full list of legal, illegal and clandestine mines in the coalmining region of Coahuila, and as a result it is impossible to plan the necessary measures, the labour inspectorate is unable to monitor them and there is no way of knowing the percentage of mines that were inspected. The union refers to discrepancies in the figures for the mines recognized by different state bodies (the Ministry of Labour and Social Security (STPS), the Mexican Geological Service (DGM), the Ministry of the Environment and Natural Resources (SEMARNAT) and COCOSHT (the state advisory committee on OSH)).

(b).. Pocito mines. Lulú mine and “Ferber” pocito mine. The trade union’s report contains extensive information on the pocito mines, stating that many of them are clandestine. With regard to the “Lulú” mine, the union describes the lack of OSH measures in the mine and indicates that, although the mine was closed down, nobody informed the workers. The union indicates that the various inspection documents are not displayed in the mine and the workers are not informed of them. As regards the “Ferber” pocito mine, it indicates that the labour inspectorate, during an inspection on 13 August 2009, established that there was failure to comply with 76 safety rules, including the requirement for the mine to have two exits and the provision of a methanometer and emergency breathing equipment. After the failure to comply with 76 safety rules was recorded, the inspection report stated as follows: “The representative of the enterprise is therefore informed that the access of personnel working inside the mine must be restricted until the employer or legal representative of the enterprise complies with the safety measures indicated. Consequently, should the employer or legal representative continue with work inside the mine, he will be held fully responsible for endangering the physical safety of the workers in the event of any accident”. The union indicates that on 11 September 2009 a 23-year-old worker died as a result of a rockslide. According to the union, as far as the Coahuila STPS is concerned, it appears sufficient to fill in inspection forms and have the workers believe that it is protecting their rights, and the union describes inspection activities in the region in question as “acts of simulation”.

(c).. Impact of measures. The union indicates that the enactment of NOM‑032‑STPS‑2008 did not produce any change in the region, that even in 2009 the mortality rate increased by 200 per cent, and that enterprises will not comply with the standard as long as it is cheaper to pay fines than pay for the introduction of safety measures.

(d).. Systematic negligence. Ventilation. The union states that the accident at Pasta de Conchos was not an isolated tragic incident but evidence of systematic negligence in the application of safety and health standards. It states that it can prove that the accident was due not only to a lack of “dusting” but also to a lack of adequate ventilation. It claims that this is important for the future since the Government continues to maintain that it did not know what happened to cause the accident and this claim of not knowing has allowed the suspicion to remain, in the history of coalmining in Mexico, that it could have been a worker who was responsible and has enabled the Government to shirk its responsibilities in OSH. The union adds that the Government is responsible for determining unequivocally the cause of the accident. The union also claims that there are plans to exploit the methane gas connected with the coal and that the Government states that it will extract the methane gas beforehand and this will make for greater safety, but in reality this will lead to more fatalities because there are no applicable safety and health standards. The union also mentions that workers were reportedly recruited to locate the bodies of the deceased workers without any inspection of the site and with the only available methanometer non-operational.

(e).. Compensation and treatment of the victims’ families. The union states that the relevant benefits were calculated incorrectly, payments started at the end of 2009 but without being adjusted to wage levels, that the Pasta de Conchos Family Support Association was not included in dialogue, that the victims’ families have been improperly treated by various state bodies and that their lawyers have been subjected to harassment, threats and intimidation and their offices have been raided.

The Committee requests the Government to supply information on the communication from the trade union and, in particular, on the points referred to by the Committee in the above paragraphs, taking account of the general context of the follow-up to the Governing Body’s report, including the relevant comments indicated below.

C. The Government’s report. The Committee will examine in the following paragraphs the information supplied by the Government as follow-up to the recommendations of the Conference Committee on the Application of Standards and the Committee’s observation of 2009, relating to the measures adopted to comply with the recommendations made in the aforementioned Governing Body report (GB.304/14/8).

Request for information on any developments concerning the possible ratification of the Safety and Health in Mines Convention, 1995 (No. 176), based on Official Mexican Standard NOM‑032‑STPS‑2008 concerning safety in underground coalmines. Ventilation. Protection against undue consequences in the event of interruption of work. In its previous observation the Committee noted the adoption of Official Mexican Standard NOM‑032‑STPS‑2008 of 23 December 2008 concerning safety in underground coalmines, drawn up with the technical assistance of the Office. Moreover, while noting the Government’s indication that this standard includes provisions from Convention No. 176, the Committee hoped that this could facilitate the ratification of that Convention and asked the Government to supply information on any developments in this respect. The Committee notes that, according to the report, the STPS recommended in 1998 that the Convention should not be ratified on the grounds that the labour legislation does not have such specific labour standards as those laid down within Article 7(f) of Convention No. 176 which establishes the obligation of the employer to ensure adequate ventilation for all underground workings to which access is permitted, and Article 13(e), concerning the right of workers to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health. The Government indicates that no amendments have been made to date to the Federal Labour Act in relation to these two aspects of the Convention because the reasons why Convention No. 176 has not been ratified continue to apply. The Committee notes that Chapter 8 of the recently adopted NOM‑032‑STPS‑2008 contains detailed provisions on ventilation in coalmines and that it ascertained in previous comments that Article 13 of Convention No. 155 applies in practice in Mexico. The Committee refers to this last matter in its direct request. The Committee requests the Government to contemplate the possibility of requesting technical assistance from the Office with a view to overcoming the remaining obstacles to the possible ratification of Convention No. 176. The Committee requests the Government to continue to supply information in this regard.

I.         Measures to be adopted in consultation with the social partners

Articles 4 and 7 of the Convention. National policy and reviews, either overall or in respect of particular areas. The Committee notes that the Governing Body, in paragraph 99(b) of its report, invited the Government, in consultation with the social partners, to continue to take the necessary measures in order to:

(i)... ensure full compliance with Convention No. 155, and, in particular, continue to review and periodically examine the situation as regards the safety and health of workers, in the manner provided for in Articles 4 and 7 of Convention No. 155, with particular attention given to hazardous work activities such as coalmining. The Committee notes that, according to the Government’s report, the National Advisory Committee on Occupational Safety and Health (COCONASHT) is working on nine projects, including the development of a national information system on occupational accidents and diseases, and that the Government also provides information on online training workshops and diplomas. The Committee requests the Government to supply information on the aforementioned system and requests it to provide further details of the application of Articles 4 and 7 of the Convention to hazardous types of work such as coalmining. The Government is also requested to indicate whether it has a register of existing mines, including pocito mines, and to provide information on OSH policies adopted or planned in relation to large, medium-sized and small enterprises;

(ii).. conclude and adopt the new regulatory framework for OSH in the coalmining industry, taking into account the Safety and Health in Mines Convention, 1995 (No. 176), and the ILO code of practice on safety and health in underground coalmines, 2006. The Committee notes the indication in the Government’s report that, in relation to NOM‑032‑STPS‑2008, a special inspection operation for underground coalmines was launched on 25 March 2009. The Government indicates that an inspection protocol was used for this operation which was submitted to the members of the Subcommittee for the Coalmining Region at its ordinary session of 17 March 2009 and that this was updated for the actions of 2010, including the material relating to training and skills. The Government also indicates that between March and October 2010 a total of 11 underground mines and 20 pits (pozos) were inspected in Coahuila. The Committee requests the Government to continue to supply information on its application in practice, also taking into account the comments made by the SNTCPF.

Article 9. Adequate and appropriate inspection system. The Committee also notes paragraph 99(b)(iii) and (iv) and 99(d) of the Governing Body’s report, in which the Government was asked, in consultation with the social partners, to continue to take the necessary measures in order to:

(iii). ensure, by all necessary means, the effective monitoring of the application in practice of laws and regulations on occupational safety and health and the working environment, through an adequate and appropriate system of labour inspection, in compliance with Article 9 of Convention No. 155, in order to reduce the risk that accidents such as the accident in Pasta de Conchos occurs in the future;

(iv). monitor closely the organization and effective operation of its system of labour inspection taking due account of the Termination of Employment Convention, 1982 (No. 158), including its paragraph 26(1);

....... ...

(d).. review the potential that the Labour Inspection Convention, 1947 (No. 81), provides to support the measures that the Government is taking in order to strengthen the application of its laws and regulations in the area of occupational safety and health in mines.

The Committee notes the Government’s statement that the STPS is undertaking various actions within the context of the sectoral objective aimed at promotion and monitoring of compliance with labour standards. This objective seeks to increase the number of workplaces which comply with OSH standards, undertake actions relating to the supervision and monitoring of inspection, generate a culture of self-evaluation, and impose penalties designed to have a heavy impact on offenders. The Government highlights the strategy implemented to strengthen the enforcement of labour standards with a view to ensuring that all large and medium-sized coalmining companies comply with the laws and regulations relating to OSH and implement remedial measures. The Government indicates that, in cases where conditions endangering the health, safety and lives of the workers and posing a risk to installations are detected, the Federal Labour Inspectorate restricts coalmining activities from the date of the inspection visit in question until such time as safety and health measures are complied with, and proceeds to issue a warning. The Committee notes the Government’s indication that the text of the warning is as follows: “Imminent danger. The Ministry of Labour and Social Security (STPS) restricts the access of workers to this area .... In the event that work operations continue, they shall be the exclusive responsibility of the employer”. The Committee notes that the trade union considers in its communication that the abovementioned measure is inadequate and refers to the example of the Felber mine. The Committee requests the Government to ensure that the labour inspectorate enforces the interruption of work in areas where there is imminent danger, and to examine these matters in consultation with the social partners and provide information in this respect.

With reference to its previous comments, the Committee also notes the information on the follow up given to labour inspection measures. It notes that 931 measures were ordered, 899 of which were not upheld (owing to various situations such as areas to which measures applied no longer being exploited, and therefore being closed and sealed off, or machinery and equipment to which the measure applied being withdrawn from service), 32 measures were upheld and, of these, 20 were complied with and 12 were not complied with. The Committee considers that, in the light of the report on the representation, it is essential to verify that action is taken to follow up on the measures issued, and requests the Government, in consultation with the social partners, to examine ways of creating mechanisms enabling it to substantially increase its activities to uphold or verify the implementation of the measures issued and to continue to supply information in this regard.

Degree of application and impact of the measures taken. The Committee notes that, according to the Government, inspections are undertaken on the basis of the “Protocol of inspection for underground coalmines”, which coincides with the provisions of the procedure for the evaluation of conformity (PEC), provided for in Chapter 18 of NOM‑032‑STPS‑2008. The Committee also notes the Government’s indication that in April 2010 it launched the special inspection operation to inspect underground coalmines, including 20 pits (pozos) and open‑cast mines, and that 28 workplaces were visited with 88 inspections, of which 30 related to general safety and health conditions. The Committee observes that, since the accident, the Government has established a particular standard and a protocol of application. It notes, however, that the figures supplied do not provide a clear picture of the degree of application of OSH standards in coalmines. In order to verify the improvements made and progress achieved, it would be necessary to have reliable data on the number and types of mines that exist in the state where the accident occurred, drawing a distinction between large, medium-sized and small mines (pocitos), the estimated percentage of unregistered mines, workers and accidents. This would enable progress to be measured at intervals. The Committee therefore requests the Government to provide information on the mines existing in the state of Coahuila, drawing a distinction between large, medium-sized and small mines (pocitos), indicating if possible the number of registered and unregistered pocitos, the number of accidents and fatalities each year, and existing policy for ensuring compliance with OSH standards in the three abovementioned sectors. Finally, the Committee repeats the request for information made by the Conference Committee on the Application of Standards, including on the risk evaluation methods used in the mining sector.

II.        Other measures

Compensation. The Committee noted that the Governing Body, in paragraph 99(c) of the document referred to above, asked the Government to:

(c).. ensure, considering the time that has elapsed since the accident, that adequate and effective compensation is paid, without further delay, to all the 65 families concerned and that adequate sanctions are imposed on those responsible for this accident.

Humanitarian aid. With reference to its previous comments, the Committee notes the elements laid out by the Office of the Federal Attorney for the Defence of Labour (PROFEDET) in its requests representing the widows and children of 56 deceased workers. It also notes that 750,000 pesos were granted to 63 out of 65 beneficiaries and 80,800 pesos were granted to 61 families and that this money was not by way of compensation but by way of “humanitarian aid”. The Committee notes that the trade union disagrees with various aspects of the criteria used and the amounts due. The Committee considers it essential with respect to the workers who died in the accident at the Pasta de Conchos mine that their families receive amounts of money which enable them to live decently and that the State and the employers assume their responsibilities in this regard. The Committee indicates that it will deal with this matter in depth in its next comment and requests the Government to make comments on the matters raised by the trade union in its communication and also to indicate whether, in addition to this “humanitarian aid”, the families of the workers have received adequate and effective compensation and the amount thereof. Furthermore, it is unclear to the Committee, from the information supplied, how the amounts of 750,000 and 80,800 pesos were determined which, according to the Government, are not compensation (for example, whether wage supplements were counted and, if so, which) and the criteria for changing the amount from the initial offer made by Industrial Minera México (IMMSA), which was the equivalent of ten years’ wages according to paragraph 26 of the report, to the subsequent amount, which was lower, and it requests the Government to indicate clearly which of the two amounts was actually granted to the workers.

Compensation. The Committee notes the Government’s indication that the amounts determined by way of compensation and other benefits to the family members of the 65 deceased miners were determined in each specific case in the legal proceedings instituted by the families. The Government indicates that IMMSA, on its own behalf or acting on behalf of General Hulla (GH), has deposited credit instruments in 58 cases which the Government indicates with their numbers; in five cases the corresponding cheques have not been displayed and two are still being processed. The Committee points out to the Government that it cannot fully understand from this information whether adequate and effective compensation was paid rapidly in accordance with the national legislation. It also notes the disagreement of the trade union and the families on this point. The Committee requests the Government to provide clearer information in this respect, also taking into account the comments of the trade union, and any other information that contributes to an understanding of the effect given to this recommendation.

State and social benefits. The Committee notes the Government’s indication that, through the Ministry of Social Development, support amounting to 1 million pesos was provided to cater for 65 productive projects of up to 15,000 pesos per person; a pledge was made to provide workshops on productive support; a pledge was made to support a project for the construction and equipment of a social, cultural and childcare centre for women belonging to the families of the accident victims; basic products were also provided; INFONAVIT liquidated the total balance of the credits previously taken out by the deceased workers as well as measures relating to mortgages, while the National Fund for Public Housing provided support with a grant of 33,000 pesos so that the persons concerned could obtain housing. While noting the information supplied by the Government, the Committee cannot fail to note that the communication from the trade union, including its appendices such as the report from the Pastoral Laboral National Team, seriously questions the payments and benefits and the attitude of the state bodies, including PROFEDET, as regards treatment of the deceased workers’ widows. The Committee recalls that the Governing Body in its report made special mention of the families of the victims. The Committee requests the Government to provide detailed information on all aspects of the communication which relate to the families of the victims in order to gain a clearer picture of the situation and of the existing disputes and court cases. In general, the Committee trusts that the Government will take all necessary steps to find an appropriate solution, including by means of dialogue, to the complaints submitted by the families of the victims of the Pasta de Conchos accident. The Committee also trusts that the families will be given support by the Government, and it requests the Government to provide information in this regard. It also requests information on the allegations of harassment of the lawyers representing the victims’ families.

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

[The Government is asked to reply in detail to the present comments in 2011.]

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

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

Article 4 of the Convention. Formulation, implementation and periodical review of a coherent national policy on occupational safety and health in consultation with the most representative organizations of employers and workers. The Committee notes that according to the Government, the prevention of occupational risks is one of the main priorities of the labour policy part of the National Development Plan for 2007–12 and that the sectoral programme for labour and social protection thus includes the objective to improve occupational safety and health. The Government indicates that this objective is to be achieved through the following strategies: (1) creating a coherent, clear, preventive, competitive and efficient regulatory system, in particular as regards high-risk activities; (2) developing and consolidating a preventative safety culture as regards risks at work which favours preventive rather than corrective measures; and (3) promoting institutionalized participation of organizations of workers and employers as well as other mixed party organisms. The Committee notes that the National Consultative Occupational Safety and Health Committee (COCONASHT) approved an occupational safety and health policy for 2007–12 by agreement No. 03/02-SO/2008. According thereto, a series of activities, to which the Committee referred in its observation, are to be implemented. The Committee also notes the legislative changes introduced. While noting that numerous activities are ongoing, the Committee considers that it would need further, more detailed information regarding the functioning of the three stages of the national policy process envisaged in this Article of the Convention, namely its (1) formulation, (2) implementation and (3) periodical review of the national policy. As indicated in paragraph 55 of its 2009 General Survey on occupational safety and health “the terms formulate, implement and periodically review the national policy indicate that the national policy must be maintained up to date through a process which follows, in general terms, the classical steps of the plan-do-check-act systems management model. In other words the national policy must be formulated (plan), put into action (do) and periodically reviewed (check). The review is a crucial step to ensure that the effectiveness of the implementation is assessed and areas for further action towards improvements are identified (Act). The periodicity of the review process ensures that the national policy keeps pace with socio-economic and technological changes. It should be underscored that this review should be undertaken regularly”. The Committee requests the Government to provide full information on how these mechanisms operate and the periodicity of the review.

Article 7. Periodical review of the situation regarding occupational safety and health. The Committee requests the Government to provide information on overall reviews of the situation regarding occupational safety and health or reviews of particular areas thereof that have been carried out or that are under way, as well as on how problems have been identified, the priorities set for measures to take and the evaluation of the results achieved. The Government is also requested to indicate whether there are sectoral tripartite structures that participate in this review and how this sectoral review is harmonized at the national level in order to arrive at a coherent national policy.

Article 15. Coherence and coordination. The coherence of the national policy envisaged in Article 4 of the Convention is another indispensable requirement. During the preparatory work of the Convention, it was clarified that in this context coherence meant that the national policy should be composed of mutually compatible components making up a consistent whole. In this respect, the Committee notes that, according to information available on the internet site of the Consultative Commissions of Occupational Safety and Health (COCOSHT) to which the Government refers, the need for an increased coherence of the national policy is recognized. In fact, COCOSHT’s analysis of occupational safety and health revealed concerns such as, for example, that there were numerous overlaps at the institutional level due to unclearly defined mandates; the legal structure was complex; and difficulties were encountered in terms of enforcement. In this context, it was recommended, inter alia, to develop a coherent, simple and clear regulatory framework as regards occupational safety and health which would gives priority to prevention, in conformity with international standards and that resources are made available to enable the reducing of occupational risks. The Committee requests the Government to provide information on measures taken or envisaged as a result of this analysis and in the light of the recommendations aimed at improving the coherence and coordination as prescribed in this Article of the Convention, as well as information on how the labour inspectorate is involved in this process in order to strengthen the enforcement and efficient application of occupational safety and health standards.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes that the information provided by the Government does not address the issues of collaboration between two or more undertakings but the collaboration to be undertaken between each enterprise or employer and the government authorities. The Committee requests the Government to provide information on the legislative provisions which regulate the obligation for two or more undertakings engaging in activities simultaneously at one workplace to collaborate as regards the occupational safety and health measures prescribed in this Convention. Please indicate if the competent authorities have defined the modalities for this cooperation, as foreseen in Paragraph 11 of the Occupational Safety and Health Recommendation, 1981 (No. 164).

Point V of the report form. Application in practice. The Committee asks the Government to provide further information on the application of the Convention in practice, including extracts from inspection reports, statistical information, and any other information on practice which will enable the Committee to evaluate how this Convention is applied in practice, provided that this information has not already been submitted in the context of the Government’s response to these comments.

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

The Committee notes with satisfaction the adoption on 23 December 2008 of Mexican Official Standard NOM-032-STPS-2008 concerning safety in underground coalmines. Noting that, according to the Government, this standard reflects provisions laid down in the Safety and Health in Mines Convention, 1995 (No. 176), the Committee hopes that this would pave the way for a ratification of that Convention. The Committee invites the Government to provide information on any developments in these respects.

Follow-up of measures taken pursuant to the recommendations adopted by the Governing Body in document GB.304/14/8. Representation concerning an accident in the Pasta de Conchos Mine in 2006. The Committee notes that in March 2009 the Governing Body adopted a report on a representation alleging non-observance by the Government of certain Articles of this Convention, of the Labour Administration Convention, 1978 (No. 150), and of the Chemicals Convention, 1990 (No. 170). It notes that in paragraph 99 of the abovementioned report, the Governing Body made recommendations and entrusted the Committee with the task of following up the issues raised in the report. The Committee notes the report sent by the Government containing information on the measures taken to follow up on these recommendations, which is examined below.

I. Measures to be adopted in consultation with the social partners

Articles 4 and 7 of the Convention. National policy and reviews, either overall or in respect of particular areas. The Committee notes that in paragraph 99(b) of its report, the Governing Body invited the Government, in consultation with the social partners, to continue to take the necessary measures in order to:

(i) ensure full compliance with Convention No. 155, and, in particular, to review and periodically examine the situation as regards the safety and health of workers, in the manner provided for in Articles 4 and 7 of Convention No. 155, with particular attention given to hazardous work activities such as coalmining. The Committee notes that according to the Government’s report, the National Advisory Committee on Occupational Safety and Health (COCONASHT) and the 32 state advisory committees on occupational safety and health (COCOESHT) have held many meetings since 2007. From the web site of the advisory committees (COCOSHT), referred to by the Government, the Committee notes the 2009 work programme, which includes legislative and training activities to be carried out. It notes that the programme provides for activities in the following areas: (1) establishment of a national OSH system; (2) modernization of the regulatory framework for OSH; (3) enhancing the OSH self-management system; (4) development of the national system of information on occupational accidents and diseases; (5) strengthening the machinery for consultation and risk prevention; (6) promoting specialized technical training on OSH; and (7) promoting a review of compliance with safety and health obligations. The Committee requests the Government to continue to provide information on any developments concerning the review and periodical examination of the situation as regards the safety and health of workers as provided in Articles 4 and 7 of the Convention, with particular attention given to hazardous work activities such as coalmining.

(ii)    Concluding and adopting a new regulatory framework for OSH in the coalmining industry, taking into account the Safety and Health in Mines Convention, 1995 (No. 176), and the ILO code of practice on safety and health in underground coalmines, 2006. The Committee notes that, according to the Government, the newly adopted NOM-032-STPS-2008 lays down limits and specifications that are even stricter than some of the existing regulations governing the mining industry in other countries and that it was drafted with ILO cooperation. The Committee requests the Government to provide detailed information on how NOM-032-STPS-2008 is applied in practice.

Article 9. An adequate and appropriate system of inspection. The Committee notes paragraph 99(b)(iii) and (iv), and (d) of the Governing Body’s report in which the Government is invited, in consultation with the social partners, to take the necessary measures in order to:

(iii)  ensure, by all necessary means, the effective monitoring of the application in practice of laws and regulations on occupational safety and health and the working environment, through an adequate and appropriate system of labour inspection, in compliance of Article 9 of Convention No. 155, in order to reduce the risk that accidents such as the accident in Pasta de Conchos occur in the future;

(iv)  monitor closely the organization and effective operation of its system of labour inspection taking due account of the Labour Administration Recommendation, 1978 (No. 158), including its Paragraph 26(1).

...

(d)   review the potential that the Labour Inspection Convention, 1947 (No. 81), provides to support the measures the Government is taking in order to strengthen the application of its laws and regulations in the area of occupational safety and health in mines.

The Committee notes that according to the Government, the Federal Labour Inspectorate has carried out special labour inspection operations, and in January 2007 a programme was devised and a total of 52 inspections were conducted in 26 workplaces showing a rate of compliance with standards of safety and health and general conditions of work of 86.08 per cent. It also notes that since the entry into force of NOM-032-STPS-2008 on 23 March 2009, a special operation has been started up for underground coalmines and by 30 June 2009, 11 such mines had been inspected and 1,113 safety and health measures had been ordered. In order to improve the functioning of the labour inspectorates, a training course was held and inspectors have been provided with personal protection equipment. The Government also indicates that in line with the provisions of the Labour Administration Recommendation, 1978, (No. 158), the General Directorate of Federal Labour Inspection carried out visits to every one of the federal delegations in order to ascertain that inspection policies, guidelines and criteria are being properly applied. The Committee points out that the Governing Body’s recommendations on the labour inspection system stem from the findings in paragraphs 75–85 of the Governing Body’s report on the accident in the Pasta de Conchos mine which cost 65 miners their lives, where the Governing Body found that the labour inspectorate had failed to satisfy itself that the defects noted had been set right (lighting, dusting, risk plans, etc.). The Committee notes that paragraph 99(b)(iii) and (iv), the application of which it is examining, and 99(d), refers to measures the Government should adopt in consultation with the social partners, and observes that the Government’s report contains no indication of any such consultation. It accordingly asks the Government to continue to provide information on the measures taken – in consultation with the social partners – pursuant to paragraph 99(b)(iii), (iv) and (d) of the abovementioned recommendations, and also on the following matters, likewise in consultation with the social partners:

–            its strategy for ensuring that the labour inspectorate improves the monitoring of effective compliance with the recommendations it makes where defects are noted, particularly in the coalmining industry;

–            statistical information showing the extent to which the labour inspectorate’s recommendations are observed;

–            main areas in which NOM-032-STPS-2008 improves on the former standard (NOM-023-STPS-2003) in terms of monitoring and verification with a view to ensuring greater safety for mineworkers;

–            extent to which the conformity assessment procedure set forth in paragraph 18 of NOM-032-STPS-2008 is applied, and details of its application in practice;

–            an appreciation of the real impact of the measures indicated in terms of improving the situation in the coalmining industry.

Furthermore, the Committee asks the Government to provide information on the measures taken in application of the recommendation formulated in paragraph 99(b)(iv) of the Governing Body’s report on labour inspection in its next report on the application of the Labour Administration Convention, 1978 (No. 150), to be examined at the Committee’s next session.

II. Other measures

Compensation. The Committee notes that in paragraph 99(c) of its report, the Governing Body invited the Government to:

(c) ensure, considering the time that has lapsed since the accident, that adequate and effective compensation is paid without further delay, to all the 65 families concerned and that adequate sanctions are imposed on those responsible for this accident.

The Committee notes that the information supplied by the Government is largely a repetition of the information it sent in reply to the assertions made in the representation which is set out in paragraph 51 of the Governing Body’s report. The Committee also refers to the report’s conclusions, paragraph 93, according to which:

Concerning the assistance and compensation due and paid to the families of the deceased miners, the Committee notes that there appears to be a significant discrepancy between the compensation allegedly offered by IMMSA immediately after the accident (750,000 pesos per family) and the compensation agreed upon between IMMSA and the STPS. The Government stated that a total amount of 5,250,000 pesos, corresponding to the benefits due, was deposited by IMMSA with the JFCA on 18 February 2008 to be distributed among the beneficiaries according to their individual entitlement and that PROFEDET would make the necessary arrangements for the corresponding payments to be made immediately. The Committee notes that, according to the Government, 51 families of the dead miners were to receive a total compensation of 5,250,000 pesos without prejudice to their pursuit of legal action. This amount was extended to include all 65 families. The Government did not, however, provide specific information concerning the basis for, or the elements taken into account in, arriving at that sum. The Committee requests further information to be provided by the Government to the Committee of Experts on the Application of Standards on the modalities for determining the compensation provided to the 65 families of the deceased miners and expects the Government to ensure that all the 65 families receive adequate and effective compensation in accordance with national law.

The Committee accordingly asks the Government to provide detailed information on:

(1)   Compensation to be paid by the Industrial Minera Mexico SA (IMMSA):

–      the manner in which compensation was determined (for example whether wage supplements were counted and, if so, which);

–      the criteria for changing the amount between IMMSA’s first offer, which was equivalent to 10 years’ pay according to paragraph 26 of the report, and the later sum, which was lower;

–      the manner in which compensation was provided for the 14 families concerning which the Government provides no information and the status of the claims under way regarding compensation to the 65 families.

(2)   State support and assistance. Information on any support and assistance by the State for the 65 families of the miners who lost their lives, such as that referred to in paragraph 26 of the report (accommodation, grants for education up to degree level for children and monthly allowance).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its report.

2. The Committee notes the preparation of two documents for the provision of advice and the evaluation of enterprises interested in benefiting from lower occupational risk premiums, namely the Advisory guide and the Basic evaluation guide. It also notes the voluntary initiatives, launched with the objective of achieving compliance with safety and health provisions in workplaces, including the campaign for employers and workers responsible for occupational safety and health and the establishment of verification units. The Committee notes that the Confederation of Industrial Chambers has indicated its participation in the preliminary sessions for the preparation of official Mexican standards, which have focused on various aspects, including the structure of workplaces, the handling of hazardous and unhealthy substances, security teams, protection measures for teams and machinery and most issues relating to occupational safety, health and the working environment. The Committee requests the Government to continue providing information on the measures adopted which contribute to the formulation and implementation of a policy on occupational safety and health.

3. Article 17 of the Convention. Collaboration between two or more employers engaged in activities simultaneously at one workplace. The Committee notes the information provided by the Government that employers engaged in activities simultaneously at the same workplace are under the obligation to guarantee the safety and health of workers at the workplace and to comply with all occupational safety and health standards. The Committee requests the Government to indicate the legislative or other provisions which place enterprises that are in the situation envisaged in this Article under the obligation to collaborate in applying the requirements of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference to its observation and its previous comments, the Committee notes with interest the information provided by the Government.

The Committee notes the measures adopted by the Government for the implementation of preventive action programmes to reduce employment accidents and diseases. It notes in particular the programme "Self-management of safety and health in work centres". The Committee notes that technical assistance workshops have been held to facilitate preventive programmes and evaluation guides, that preventive measures and standards have been disseminated through the review Condiciones de trabajo and other media (radio and television), and that training activities have been undertaken by the Mexican Social Security Institute and other institutions, including academic institutions. The Committee notes the Government’s indication that the activities undertaken in the context of some of these programmes are intended principally for enterprises which employ 100 workers or more. The Committee recalls that a high percentage of workers are employed in small and medium-sized enterprises with fewer than 100 workers. The Committee therefore considers that the necessary efforts should be made to ensure that activities for the implementation of an occupational safety and health policy are undertaken principally in small and medium-sized enterprises with fewer than 100 workers. The Committee therefore requests the Government to continue providing information on the results achieved by these programmes and, in particular, the measures taken to ensure that small and medium-sized enterprises and their workers benefit from such programmes.

The Committee notes the detailed information provided by the Government concerning the number of inspections carried out by the labour inspectorate in relation to occupational safety and health (68,080 for the period between 1997 and 1999), as well as the number of technical instructions concerning safety and health measures (15,542) and the number of penalties sought (31,609). The Committee also notes the number of insured workers covered by the Mexican Social Security Institute (10,243,201) and the data concerning the growth in the protected population by economic sector. In particular, the Committee notes that the number of workers employed in export processing enterprises was 1,090,049 in 1999. Taking into account this latter figure, and recalling that the Committee referred previously to the observations made by the Latin American Central of Workers (CLAT) in 1995, which referred to the inadequate conditions of work of workers in export processing enterprises in the north of the country, the Committee requests the Government to continue providing information on the situation of these workers and, in particular, the measures taken to guarantee compliance in their case with minimum occupational safety and health standards and appropriate conditions of work in general.

Article 17 of the Convention.  In its previous comments, the Committee indicated the particular importance of collaboration in certain sectors between employers when two or more enterprises engage in activities simultaneously at one workplace. The Committee requested the Government to indicate the progress made towards guaranteeing such collaboration between employers, whereby each employer is obliged to observe the provisions established in respect of safety, health and the environment. Since it has not received any information on the matter in question, the Committee is once again bound to request the Government to indicate the measures which have been taken or are envisaged to require enterprises in the situation referred to in this Article to collaborate, in accordance with the measures set out in the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference to its previous observation, the Committee notes with interest the adoption of the General Regulations respecting inspection and the imposition of penalties for violations of labour legislation, of 6 July 1998. It also notes that 116 Official Mexican Occupational Safety and Health Standards have been adopted. In particular, in recent years, the following standards have been adopted: NOM-122-STPS-1996, NOM-121-STPS-1996 and NOM-026-STPS-1998. These standards reflect, among other initiatives, the action taken by the Government to apply the national occupational safety and health policy. The Committee requests the Government to continue providing information on the laws and regulations adopted which contribute to defining and implementing an occupational safety and health policy.

The Committee also notes with interest the measures taken by the Government to launch programmes of preventive action for the reduction of employment accidents and diseases. It notes in particular the programme "Self-management of safety and health in work centres". It notes that technical assistance workshops have been held to facilitate preventive programmes and evaluation guides, that preventive measures and standards have been disseminated through the review Condiciones de trabajo and other media (radio and television), and the other training activities carried out by the Mexican Social Security Institute and other institutions, including academic institutions.

Finally, the Committee notes with interest the copy which was provided of the court decision establishing case law relating to the right of workers to be protected when they withdraw on justifiable grounds from their place of work because they consider that there is an imminent and serious danger to their life or health (Articles 13 and 19(f) of the Convention).

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

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Articles 13 and 19(f) of the Convention. In its previous comments, the Committee requested the Government to provide information on any legal precedent, administrative circular or doctrinaire interpretation of principle, which helped to guarantee and to clarify the right of a worker to be protected from undue consequences for him, in the case where he believes it necessary to remove himself from a work situation presenting an imminent and serious danger to his life or health. Since it has not received any information on the subject in question, the Committee is once again obliged to request the Government to provide information in this respect.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its report, together with the information supplied by the Government representative to the Conference Committee in June 1996 and the discussion which took place there on the following matters.

1. Article 4, paragraph 1, of the Convention. The Committee refers to the conclusions reached in June 1996 by the Conference Committee relating to the national safety and health policy in the working environment (i.e. that it is "reliable" and effective). In this respect, the Government states in its report that: (i) the policies introduced by the Mexican authorities in respect of safety and hygiene have corresponded to the development of knowledge of the different disciplines, which stipulates the conditions and provides the framework for establishing and applying effective measures designed to protect workers' health; (ii) the basis for determining the responsibilities of the Government, employers and workers in order to protect and improve workers' quality of life has been fixed in the national legislation; and (iii) each sector has assumed the obligations corresponding to it.

The Government states that through the competent bodies and other institutions the Federal Executive is carrying out activities, both relating to legislation and plans and programmes, and is examining with the relevant sectors the possibility of strengthening the legal framework for the safety, hygiene and protection of the working environment. As a result of broad consultations, new General Regulations on Safety, Hygiene and the Working Environment (RFSHMAT) were published in order to formalize the many policies, strategies, activity methods and experiences acquired, so that the Government, workers and employers may fulfil their corresponding obligations, the dynamic mechanism for adapting standard setting to the pace of the technological development of the country's production sectors may be established and the conditions for protecting workers' health be strengthened.

The Committee requests the Government to keep it informed of any developments in this respect.

2. Article 4, paragraph 2. With reference to its previous comments, the Committee notes the adoption on 21 January 1997 of the Federal Regulations on Safety, Hygiene and the Working Environment (RFSHMAT), which unify the various provisions in respect of safety, hygiene and the working environment. According to the statement made by the Government representative during the discussion in the Conference Committee in June 1996, the Regulations were designed to establish a series of standards which will operate better in practice and will ensure that accidents and risks are prevented. In this respect, the Government indicates that it is promoting the establishment of preventive safety, hygiene and working environment programmes in enterprises which, when supported by diagnoses of individual situations, will contribute to a reduction in the risks faced by workers.

Furthermore, the Government indicates that the trend towards a reduction in risks for workers in the six border States which began to develop in 1995 appears to be confirmed by the labour statistics for two four-month periods in 1996.

The Committee hopes that the Government will continue to make the necessary efforts to reduce to a minimum, as far as this is reasonably practicable, the causes of the risks inherent in the working environment. The Committee requests the Government to keep it informed of any progress made with a view to ensuring that the Convention is applied, in particular in the maquiladora enterprises which were the subject of the observations made by the Latin American Central of Workers (CLAT) in 1995.

3. Article 17. In its previous comments, the Committee indicated the particular importance of collaboration in certain sectors between employers when two or more undertakings engage in activities simultaneously at one workplace. The Committee requested the Government to indicate the progress made towards guaranteeing such collaboration between employers, whereby each employer is obliged to observe the provisions established in respect of safety, health and the environment. Since it has not received any information on the matter in question, the Committee is once again obliged to request the Government to indicate the measures taken or envisaged which may oblige enterprises in the situation referred to in this Article to collaborate, pursuant to the measures provided for in the Convention.

4. The Committee is addressing a direct request to the Government on a particular matter.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the observations made by the Latin American Central of Workers (CLAT) and the Government's reply.

1. In its communication, the CLAT reported cases of mass contamination of workers, sometimes with loss of consciousness, caused by emissions of poisonous gases, derived from ammonia and from hydrochloric acid, hydrofluoric acid, and leaks of toxic gases, ethyl alcohol and ammonia; cases of complications to workers' health, cardiac arrest, cancer, tumours, caused by incorrect handling of toxic products; cases of poisoning and failure to comply with occupational health standards which placed in serious danger of death and illness the workers and inhabitants of the border zone of Matamoros; and the death of a young chemical engineer caused by poisoning. It observed in some of these cases that the managers of the firms involved had refused immediately after the accidents to allow teams specialized in gas escape problems to enter the affected site. The CLAT alleges the lack of effective measures - of preventive and palliative type - taken by the local international authorities and the directors of the assembly plants in this zone.

The Committee notes the Government's comments that in the framework of the national policy for occupational safety and health and the working environment in the subcontracting sector, greater vigilance and control of industrial activities has been exercised in regard to inspection. These firms have been obliged to declare to the competent authority that hazardous elements have been duly analysed, treated and checked. Inspection visits checked that the firms must ensure the proper functioning of the machinery and equipment registered, the proper monitoring by employers of the harmful agents existing in the working environment, and the proper functioning of the methods applicable. Annual regional inspection programmes have been carried out covering the various aspects of safety and health in assembly plants.

The Committee notes that in the framework of these regional programmes, approximately 20 per cent of all the subcontracting firms which handle dangerous substances involving a high degree of risk and a large number of workers were selected in 1993 for inspection. The Committee notes from the results of these programmes the existence of many cases of direct violations of safety standards in the firms of this group which were sanctioned through administrative procedures.

The Committee hopes that the measures taken through an appropriate and adequate inspection system will make it possible to prevent accidents and reduce to a minimum, as far as is reasonably practicable, the causes of hazards inherent in the environment of subcontracting firms, which must be the target of the national policy for occupational safety and health in the working environment, in accordance with Article 4(2) of the Convention. In particular, the Committee requests the Government to supply information on any progress made with a view to ensuring the application of the Convention in the subcontracting firms in the Matamoros area.

The Committee invites the Government to take into consideration Recommendation No. 164 on occupational safety and health, particularly paragraph 3(d), (h), (k) and (m) (measures in application of the policy referred to in Article 4 of the Convention in the fields of use, maintenance and inspection of machinery and equipment liable to present hazards; use of dangerous substances and agents and, as appropriate, their replacement by other substances or agents which are not dangerous or which are less dangerous; control of the atmosphere and other ambient factors of workplaces; prevention of fires and explosions), paragraph 10(a) and (c) (obligations placed upon employers to provide and maintain workplaces, machinery and equipment, and use work methods which are safe and without risk to health, as far as is reasonably practicable, and to provide adequate supervision of work), paragraph 12(2)(a) and (c) (workers' safety delegates, workers' safety and health committees, and, as appropriate, other workers' representatives should be given adequate information on safety and health matters, and enabled to examine factors affecting workers' safety and health), and paragraph 15 (obligation on employers to verify regularly the implementation of applicable standards on occupational safety and health, to keep records relevant to occupational safety and health and the working environment as are considered necessary by the competent authority).

The Committee notes the CLAT's indication that there have been many cases of anencephalic, malformations and mental backwardness, births of children with physical defects born to mothers who had handled toxic substances or been exposed to the action of toxic chemical products during pregnancy.

The Committee notes that for the case of anencephalia, a system of epidemiological monitoring for anencephalia was set up for neighbouring towns and since then the system has been extended to the whole country, and includes two other types of malformation. On the basis of some scientific research on the reasons for anencephalia, the Government has observed that the etiology of this disease is multifactorial and that it is difficult to identify the real risk factor which provokes the event, which occurs during the first four weeks of gestation. Since the firms mentioned by the CLAT in cases of anencephalia and malformation of infants do not produce plastics, exposure to which may cause irritation to the skin and the upper respiratory system, no relationship has been determined between anencephalia or malformation in children and exposure to toxic substances. The Committee requests the Government to continue supplying information of any progress made in this matter.

[The Government is asked to report in detail in 1997.]

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

The Committee notes with interest the information supplied in the Government's report in response to its previous comments, particularly as concerns Articles 5(e), 11(b), 12(a), (b) and (c), 14 and 21 of the Convention. The Government is requested to furnish additional information, in its next report, on the following points:

Articles 13 and 19(f). In its previous comments, the Committee noted that section 51(VII) of the Federal Labour Act provided that an employee may terminate his or her employment without any liability if his or her safety or welfare is seriously endangered. It also noted, however, that section 135(VII) of the Act prohibited an employee from ceasing work without the employer's permission. In its report for the period ending 30 June 1988, the Government indicated that section 47 of the Act can be interpreted to permit workers to disobey their employer when they have sufficient reason and, therefore, when there is a justifiable reason for a worker to interrupt his or her work due to an imminent or serious danger to his or her health or life, the worker may do so without previous authorization from the employer. The Committee would recall that this Article of the Convention provides that workers shall be protected from any undue consequences if he or she removes himself or herself from a work situation which he or she has reasonable justification to believe presents an imminent and serious danger to his or her life or health. The Government is again requested to provide information on any legal precedents, administrative circulars or additional doctrinal interpretations which would help to ensure and clarify a worker's right to remove herself or himself from such situations.

Article 17. The Committee notes the indication in the Government's latest report that, while there is no legal provision ensuring that employers collaborate in occupational safety and health matters when undertaking activities simultaneously at the same workplace, each employer is responsible for complying with the safety and health obligations. The Committee would recall that this Article specifically provides that collaboration in applying the requirements of this Convention occur between undertakings engaged in activities simultaneously at one workplace. The assurance of such collaboration is particularly important in certain sectors, such as construction, where coordination in the occupational safety and health measures taken at the workplace is essential. The Government is requested to indicate the progress made in ensuring that in such instances, employers do collaborate on occupational safety and health matters.

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

The Committee notes the information supplied in the Government's report in response to its previous comments, particularly as concerns Article ll(e) and (f) and Article 15, paragraph 1, of the Convention. It requests the Government to provide further information in its next report on the following points:

Article 5(e) of the Convention. The Committee notes the information provided by the Government to the effect that an employer is prohibited from dismissing or suspending a worker unjustifiably and from restricting workers' rights granted by law. Please indicate the legislative provisions which ensure a worker's right to take action in conformity with the national policy on occupational safety and health and the working environment free from disciplinary measures.

Article 11(b). The Committee notes the information supplied in the Government's report concerning a proposed annex to Instruction No. 10 to be entitled "Maximum Possible Concentration for Mixed Pollutants". Please indicate if this annex has been approved and, if so, please provide a copy with the next report.

Furthermore, the Committee notes the Government's indication of a lack of information concerning simultaneous exposure to several substances or agents. In this regard, it may be useful for the Government to refer to the Report of the World Health Organisation's Expert Committee on Health Effects of Combined Exposures in the Work Environment, published in 1981. This study notes, in particular, the problems resulting from exposure to mixtures of organic solvents; metals and mineral dust; welding fumes and foundry dusts and fumes; rubber processing chemicals; and mixed exposures to noise and vibration. Please indicate the progress made towards including consideration of these special hazards due to simultaneous exposure in the determination of work processes, and the control, authorisation or prohibition of substances and agents.

Article 12(a) and (c). The Committee would recall that this Article of the Convention refers to the obligations on the part of those who design, manufacture, import, provide or transfer machinery, equipment or substances which will later serve for occupational use. The above-mentioned persons are to satisfy themselves that the machinery, equipment or substance does not entail dangers for the safety and health of those using it correctly and undertake studies and research to keep abreast of the scientific and technical knowledge in this regard. These provisions aim at ensuring that certain safety precautions be taken prior to the use of machinery, equipment or substances at the level of the undertaking. Please indicate the measures taken to ensure that designers, manufacturers, importers as well as those who provide or transfer machinery, equipment or substances comply with this provision.

Article 12(b). The Committee notes the information provided by the Government to the effect that fertilisers and toxic substances must be marked with information concerning the hazards involved in their use, directions for their safe use, as well as antidotes in the case of poisoning. Please indicate the measures taken to ensure that those who design, manufacture, import, provide or transfer machinery and equipment also make available information concerning the correct installation and use of machinery and equipment, and on the hazards of machinery, as well as instructions on how known hazards are to be avoided.

Articles 13 and 19(f). Please continue to provide information on any legal precedents, administrative circulars or additional doctrinal interpretations which would help to ensure and clarify a worker's right to remove herself or himself from work situations which the worker is reasonably justified to believe present imminent and serious danger to his or her life or health.

Article 14. The Committee notes with interest the information supplied in the Government's report concerning the recommendation by the Subcommittee on Regulations for the National Advisory Committee on Occupational Safety and Health to include aspects of occupational safety and health and the working environment in the curricula at all levels of education and training, including medical studies. Please indicate whether any further steps have been taken in this regard.

Article 17. The Committee would recall that this Article specifically provides that collaboration in applying the requirements of this Convention occur between undertakings engaged in activities simultaneously at one workplace. The assurance of such collaboration is essential to the full application of this Convention. Please indicate the measures taken or envisaged to ensure conformity with this provision.

Article 21. The Committee has noted that section 510 of the Federal Labour Act provides that workers' participation in various safety and health committees shall not be remunerated but that such participation shall take place within the working day. Please provide texts of the legislative provisions or collective agreements which clarify that workers participating in these various safety and health committees will not suffer any decrease in their regular salary for being absent from work in order to participate in these Committees.