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

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

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.