Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Mexico (Ratification: 1982)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Confederation of Workers of Mexico (CTM) and the Authentic Workers’ Confederation of the Republic of Mexico (CAT) concerning the application of the Convention in practice, which were received with the Government’s report.

The Committee notes that the Government reports the adoption of the Regulations respecting the Unified Centre for Maritime and Port Security (CUMAR), of 26 July 2022, setting out the organization and functioning of the CUMAR as an interinstitutional coordination unit between the Marine Secretariat and the Secretariat of Communications and Transport, responsible for guaranteeing an acceptable level of risk in ports, the administration, operation and port services and maritime activities, as well as dealing with maritime and port incidents. The Committee requests the Government to provide information on the activities of the CUMAR which give effect to the provisions of the Convention, including information on the maritime and port incidents that it has dealt with.

Application in practice. The Committee notes the CTM’s observations on the need for the Government to provide precise information on the application of the Convention in practice. The Committee notes with concern the statistical data provided by the Government, which shows that between July 2017 and April 2022 a total of 10,446 work-related accidents and 387 occupational diseases were reported in the port sector. However, the Committee notes that these statistics do not indicate the nature of the occupational accidents and diseases reported. The Committee also notes the Government’s indication that the Secretariat for Labour and Social Welfare (STPS) can carry out safety and health inspections in ports, but that there are currently no statistics on such inspections. While noting that the Government has not provided specific and precise statistics on the application of the Convention in practice, the Committee requests the Government to provide all available statistical data on: (i) the number and nature of the occupational accidents and diseases reported; and (ii) the inspections carried out by the STPS, with an indication of the number of workers covered by the legislation, and the number and nature of the contraventions reported and the measures adopted as a result.

The Committee also requests the Government to indicate the measures adopted or envisaged, in consultation with the social partners in the sector, with a view to achieving a significant reduction in the number of occupational accidents and diseases in dock work.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee takes note that sections 19bis and ter of the Ports Act of 19 July 1993, as amended by the Decree of 26 December 2013 and the Decree of 19 December 2016, establish the constitution of the Unified Centre for Maritime Port Security (CUMAR), the mandate of which includes the evaluation of port security and the development of the port security plan. In this respect, the Committee requests the Government to provide information on the activities of CUMAR that give effect to the provisions of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government relating to inspections carried out between 2012 and 2017. The Committee requests the Government to continue to provide information on the application in practice of the Convention, in particular on the number and nature of the contraventions reported and the resulting action taken, and on the number and nature of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided by the Government in its report and the attached legislation. It also notes the provisions of the Mexican Official Standards NOM-004-STPS-1999 and NOM-006-STPS-2000 giving effect to Article 22, paragraphs 2 and 3, of the Convention. Retesting of lifting appliances and Article 24, paragraph 1. Prohibition of the reuse of expendable or disposable slings and, in the case of pre-slung cargoes, inspection of the slings as frequently as is reasonably practicable. The Committee also wishes to draw the Government’s attention to the code of practice recently adopted by the ILO, entitled Safety and health in ports (Geneva, 2005). This code of practice is available, inter alia, on the ILO web site at the following address: http://www.ilo.org/public/english/protection/safework/cops/english/index.htm. The Committee would be grateful to be provided with additional information on the following points.

2. Article 25, paragraphs 1 and 2. Records and registers. The Committee notes that section 7(1)(z)(ss) of NOM-006-STPS-2000 provides that the results of tests shall be recorded, with a brief description of the procedure followed. The Committee recalls that Article 25, paragraph 1, requires records to specify the safe working load and the dates and results of the tests of lifting appliances and items of loose gear concerned; and that paragraph 2 requires the keeping of a register of lifting appliances and items of loose gear in accordance with the model recommended by the International Labour Office, which is available in English at the following address: http://www.ilo.org/ilolex/english/convdispl.htm. The Committee requests the Government to indicate the provisions which give full effect to this provision of the Convention.

3. The Committee notes that the report does not contain any information concerning its previous comment relating to the following Articles of the Convention: Article 4, paragraph 2(d), in conjunction with Article 16, paragraph 2. Measures to ensure the safety of workers when they have to be transported on land; Article 4, paragraph 2(h), in conjunction with Article 27, paragraph 3, and Article 28. Rigging and use of ship’s derricks, and the carrying on board of rigging plans; Article 22, paragraph 1. Testing of lifting appliances before being put into use for the first time; and Article 31. Operation of freight container terminals and means to be provided for ensuring the safety of workers lashing or unlashing the containers. The Committee hopes that the Government will take the necessary measures to ensure that its legislation gives full effect to the provisions of the Convention. The Committee requests the Government to keep it informed of any development in this respect and to provide a copy of any relevant text as soon as it is adopted.

4. Part V of the report form. Application in practice. The Committee notes the Government’s indications relating to the safety and health clauses contained in collective agreements. It also notes the indication that 72,609 inspections were carried out at the national level between 2001 and 30 June 2007, without noting any violations of the provisions of the Convention. In this respect the Committee notes that the Government does not indicate the number of inspections carried out in ports. The Committee requests the Government to continue providing information on collective agreements, with particular reference to their application in practice. It also requests the Government to provide extracts of the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, the number of occupational accidents reported, as well as any other information enabling it to assess the manner in which the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied in the Government's report in reply to its previous comments as well as the adoption of Mexican Official Standard NOM-023-STPS-1993 concerning safety features and appliances for lifting equipment in work centres.

1. In its previous comments, the Committee drew the Government's attention to the need to take appropriate measures, in compliance with Article 4, paragraph 2(d) (in conjunction with Article 16, paragraph 2), of the Convention in order to guarantee workers' safety when they are transported on land. Since the Government has not supplied any new information on this matter in its latest report, the Committee requests the Government to indicate the measures adopted or contemplated to give effect to this provision of the Convention.

2. With reference to its previous comments on measures taken or envisaged in conformity with Article 4, paragraph 2(h) (in conjunction with Article 27, paragraph 3, and Article 28), concerning rigging and use of ships' derricks and the carrying of rigging plans on ships, the Committee notes that no new information has been supplied in the Government's latest report. The Committee requests the Government to supply information on progress in this respect.

3. Articles 22 and 24. The Committee has taken note of Official Mexican Standard NOM-023-STPS-1993 concerning safety features and appliances for lifting equipment in work centres to which the Government refers in its latest report. Since this text contains provisions only on the requirements for the employer and the worker, the requirements in the operations' sphere and some safety features and appliances, the Committee requests the Government to indicate what measures give effect to Article 22, paragraph 1 (every lifting appliance and every item of loose gear shall be tested after any substantial alteration or repair to any part liable to affect its safety), paragraph 2 (lifting appliances forming part of a ship's equipment shall be retested at least once in every five years), paragraph 3 (shore-based lifting appliances shall be retested periodically as prescribed by the competent authority), paragraph 4 (upon the completion of every test, the lifting appliance or item of loose gear shall be thoroughly examined), as well as Article 24, paragraph 1 (prohibition of the reuse of expendable or disposable slings; in the case of pre-slung cargoes, the slings shall be inspected as frequently as is reasonably practicable).

4. Article 25. The Committee notes the references to various provisions of the General Regulations on Safety and Health at Work and to a provision of Mexican Official Standard NOM-023-STPS-1993, mentioned above, which give effect to the various provisions of the Convention. Since no information is supplied in the Government's latest report in reply to its previous comments, the Committee requests the Government to indicate the measures ensuring application of paragraph 1 (specification of the safe working load and the dates and results of the tests carried out on the lifting appliances and items of loose gear) and paragraph 2 (obligation to keep a register of the lifting appliances and items of loose gear, account being taken of the model recommended by the ILO).

5. Article 31. The Committee notes that no new information in reply to the questions raised in its previous comments has been supplied in the Government's latest report. The Committee expresses the hope that in the near future measures will be taken to adopt appropriate measures on the functioning of freight container terminals and the means to be provided in the case of ships carrying containers to ensure the safety of workers lashing or unlashing containers. The Committee requests the Government to indicate progress made to this end.

6. The Committee notes the information on the number of people engaged in water transport companies and the number of subscribers to the Mexican Social Security Institute who are engaged in fishing and transport by water. The Committee would be very grateful if the Government would supply extracts from the inspection service reports and indicate, the number and nature of offences reported and the measures taken as a result of them as well as the number of occupational accidents and diseases reported (point V of the report form) in order to facilitate general assessment of the way in which the Convention is applied.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee has taken note of the information provided by the Government in its report, as well as the accompanying legislation.

2. Article 4, paragraph 2(d), in conjunction with Article 16, paragraph 2, of the Convention. The Committee notes the Government's statement that the national legislation does not provide any safety measures for the transport of workers to and from a workplace on land, but that such transport is provided for in collective agreements between the unions and the shipping enterprises and port and maritime services. Furthermore, the Government indicates that accidents which occur along the route followed by a worker between his home and the workplace are included in the definition of an occupational accident. The Committee would call the Government's attention to the need to take, in conformity with these provisions of the Convention, the appropriate measures in order to guarantee workers' safety when they are transported to or from a workplace on land. It requests the Government to indicate the progress made in this respect.

Article 4, paragraph 2(h), in conjunction with Article 27, paragraph 3, and Article 28. The Committee notes the indication made by the Government in its report concerning the inspection and revision of lifting machinery before carrying out loading and unloading operations of ships, as well as the respective certificates, and specifically the provisions of section 57 of the regulations concerning Dock Work in State Administered Ports and sections 1, 2 and 3 of the Naval Inspection Regulations, which were transmitted by the Government. The Committee also requests the Government to indicate the measures taken or envisaged with respect to the rigging and use of ship's derricks and to ensure that rigging plans are carried on board ship.

3. Articles 22 and 24. The Committee notes the information provided by the Government in reply to its previous comments as well as its statement that the General Directorate of Safety and Medicine is elaborating regulations concerning safety devices and guards for lifting appliances. It hopes that the regulations being elaborated will give effect to the provisions of these Articles, in particular, Article 22, paragraph 1 (testing of lifting appliances and all items of loose gear after any substantial alteration liable to affect its safety), paragraph 2 (periodical testing of lifting appliances forming part of a ship's equipment at least once in every five years), paragraph 3 (testing of shore-based lifting appliances at such times as prescribed by the competent authority) and paragraph 4 (thorough examination of lifting appliances and items of loose gear upon the completion of every test of the lifting appliance or loose gear), as well as Article 24, paragraph 1 (prohibition of the reuse of expendable or disposable slings; inspection of slings in the case of pre-slung cargo as frequently as is reasonably practicable). The Committee requests the Government to transmit a copy of the text adopted with its next report.

4. Article 25. The Committee notes that section 38 of Federal Labour Inspection Regulations requires labour inspectors to establish a record of each inspection the contents of which depends on the type of inspection undertaken and must conform with the procedural and substantive requirements established by the relevant instructions. The Committee requests the Government to indicate: (a) whether the records specify the safe working load and the dates and results of the tests carried out on the lifting appliances and items of loose gear (Article 25, paragraph 1); and (b) whether the national regulations prescribe the duty to maintain a register of the lifting appliances and items of loose gear which has taken into account the model recommended by the International Labour Office (Articles 25, paragraph 2).

5. Article 31. The Committee refers once again to the statement of the Government that it was going to examine the possibility of elaborating regulations concerning the functioning of freight container terminals and the means to be provided in the case of ships carrying containers to ensure the safety of workers lashing or unlashing containers. The Government is requested to indicate in its next report any progress made in this regard.

6. The Committee has taken note of the Government's statement that there is no up-to-date statistical data available on any contraventions of the Convention which would enable it to provide information on the practical application of the Convention, as required by point V of the report form. It hopes that the Government will be able to communicate with its next report extracts from the reports of the inspection services, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

I. The Committee takes note of the Government's reply to its previous comments, and the documents appended to the report, and it notes the information concerning the application of the following Articles of the Convention: Articles 1 and 2; Article 4, paragraph 3; Article 5, paragraph 2; Article 6, paragraph 2, in conjunction with Article 37; Article 18; Article 24, paragraph 2; Articles 29 and 30; Article 32, paragraphs 1 and 2; Article 33 and Article 36, paragraphs 1(c) and (2).

II. With regard to the other matters raised in its comments, the Committee would note the following:

1. Article 4, paragraph 2(d), in conjuction with Article 16, paragraph 2, of the Convention. The Government indicates in its report that there are no specific provisions concerning safety measures during the transport of workers to and from a workplace on land, as provided for in the above provisions of the Convention; it states, however, that the matter will be raised with the competent authorities so that they can adopt the necessary measures. The Committee notes this statement with interest and hopes that the next report will indicate the measures taken in this respect.

2. Article 4, paragraph 2(h), in conjunction with Articles 27, paragraph 3, and 28. The Government indicates in its report that the provisions giving effect to the above Articles of the Convention - which concern the safety measures in respect of rigging and use of ships' derricks including keeping on board rigging plans and other relevant documents - are contained in the Regulation respecting the maritime deck inspection service (Reglamento de Servicio de Inspección naval de Cubierta). Please supply a copy of these Regulations, which have not been received by the Office.

3. Article 22. The Committee notes the information supplied by the Government regarding the testing of lifting appliances and items of loose gear before they are put into use for the first time and after any alteration or repair. It requests the Government to specify: (a) whether lifting appliances forming part of a ship's equipment shall be retested at least once in every five years (paragraph 2 of the above Article); (b) whether shore-based lifting appliances are also subject to the above tests and at what intervals (paragraph 3 of this Article); and (c) whether, upon the completion of every test, the appliance or gear that has been tested shall be thoroughly examined and certified by the person carrying out the test (paragraph 4 of Article 22).

4. Article 24, paragraph 1. The Committee notes the Government's indications and has also examined the provisions of the national Regulations referred to in its report, and particularly section 72 of the Regulation on the procedure for obtaining and renewing licences issued to workers engaged in the operation of port appliances, and their validity, and on safety measures (Reglamento para la obtención, renovación y vigencia de las licencias para operadores de equipo portuario y las disposiciones de seguridad). The Committee requests the Government to specify whether provisions (such as instructions) also exist prohibiting the reuse of expendable or disposable slings and providing that, in the case of pre-slung cargoes, the slings shall be inspected as frequently as is reasonably practicable, as set down in this provision of the Convention.

5. Article 25. The Committee notes the information concerning the matters to be recorded in the reports established by the inspection services and port authorities following inspection visits performed on board ships and on shore. The Committee also examined the Regulations referred to by the Government on this subject. It requests the Government to indicate: (a) whether the records referred to above also specify the maximum working load of lifting appliances, and the dates and results of the tests and examinations carried out on these appliances and on items of loose gear (paragraph 1 of Article 25); and (b) whether the national regulations provide for a register of the lifting appliances and items of loose gear, account being taken of the model recommended by the International Labour Office (paragraph 2 of the above Article).

6. Article 31. In reply to the Committee's comments concerning the safety measures relating to the arrangement of container terminals and the organisation of work in these terminals, and the means that shall be provided in the case of ships carrying containers for the safety of workers lashing or unlashing the containers (in accordance with the above Article of the Convention), the Government states that it will examine the possibility of drafting regulations on this subject. The Committee notes this statement with interest and hopes that it will be possible to indicate the progress that has been achieved in this respect in the next report.

III. Furthermore, the Committee once again requests the Government to supply with its next report copies of the following regulations, which were referred to in the report but have not been received by the Office:

- Regulation on appliances in ports under the authority of the state administration (Reglamento de operación de los puertos de Administración Estatal);

- Regulation concerning the Federal Labour Inspection Service (Reglamento de Inspección Federal del Trabajo);

- New Regulation on occupational safety (Nuevo Reglamento de Higiene del Trabajo, 1949).

Please also supply a copy of the official technical standards for Mexico and particularly Nos. NOM-R-100, NOM-R-125 and DGN-R-131-1972.

IV. The Committee would also be grateful if the Government would supply information in its next report on the application of the Convention in practice, including the statistics and documents required under point V of the report form for this Convention.