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

Chemicals Convention, 1990 (No. 170) - Mexico (Ratification: 1992)

The Committee notes with interest the developments in the legislation on this subject, including the adoption of the following provisions: Mexican Official Standard NOM-028-STPS-2005 on the organization of work safety in chemical processes; regulation on the land transport of hazardous materials and waste, version of 28 November 2006; Mexican Official Standard NOM-003-STC/2008 on the characteristics of labels and packaging for the transport of hazardous substances, materials and waste; and Mexican Official Standard NOM‑004‑SCT/SCT on the systems for the identification of units for the transport of hazardous substances, materials and waste, which are based on the globally harmonized system of classification and labelling of chemicals (GHS), with a view to establishing a system for the identification of hazardous chemicals. Furthermore, the Committee notes that the Government’s report includes comments by the Confederation of Workers of Mexico indicating that the Government consulted the Confederation in preparing its report and giving particulars of the consultation. With regard to the follow-up to the report on a representation alleging non-observance of certain provisions of the Convention, the Occupational Safety and Health Convention, 1981 (No. 155), and the Labour Administration Convention, 1978 (No. 150), the Committee refers the Government to its comments on the application of Convention No. 155.

Article 2. Definition of the terms “use of chemicals at work”, “branches of economic activity”, “article”, and “workers’ representatives”. The Committee observes that the definitions supplied are not fully consistent with those of the Convention, however it notes that according to the Government, they are in line with the definitions of the Convention. The Committee infers from this that they are used as meant by the Convention and requests the Government to confirm that they are used in practice within the meaning of the Convention, indicating whether the hazardous chemicals classified in conformity with Article 6 apply to the seven categories of activity set forth in Article 2(c) and whether they apply to all branches in which workers are employed, including the public service.

Article 4 of the Convention. Coherent national policy on the use of chemicals. The Committee notes that, although the Government indicates that there is still no specific national policy on the use of chemicals at work, it refers to its national policy applied in pursuance of Article 4 of Convention No. 155. In connection with its comments on that Convention, the Committee is of the view that Article 4 of this Convention is about including the subjects governed by this Convention that pertain to the use of chemicals at work, in the process of drafting, applying and reviewing the national occupational safety and health policy being developed in the country. In other words, the application of Article 4 of this Convention can be undertaken in the context of the general national policy on occupational safety and health, provided that the latter takes into account the specific requirements of this Convention. The Committee accordingly asks the Government to take the necessary steps, in consultation with the social partners, to give full effect to Article 4 of this Convention, and to provide information on all developments in this regard.

Article 5. Prohibitions and restrictions on the use of chemicals and the criteria used for that purpose under this Article. The Committee requests the Government to provide information on the mechanisms used to identify hazardous chemicals in order to prohibit or restrict their use or to require advance notification and authorization before they are used.

Article 6, paragraph 2. Assessment of the hazardous properties of mixtures composed of two or more chemicals. The Committee requests the Government to provide information on the effect given to this paragraph and, as appropriate, to indicate the manner in which the assessment referred to in this paragraph is carried out.

Article 10. Responsibilities of employers. With reference to its previous comments, the Committee notes the information supplied by the Government on various provisions of the Second Title of the Federal Regulations on Safety, Health and the Working Environment. The Committee finds that some doubts remain regarding the application of paragraphs 3 and 4 of this Article. It accordingly asks the Government to provide detailed information on the effect given to paragraph 3 (use only of certain chemicals) and paragraph 4 (maintenance by employers of a record, which must be accessible to all workers concerned and their representatives) of Article 10.

Article 18, paragraphs 1 and 2. Right of workers to remove themselves from danger and protection of workers against undue consequences of such removal. The Government appears to indicate that according to section 135 of the Federal Labour Act (LFT), “it is forbidden for workers to carry out any act which may endanger their own safety, that of their colleagues or of third parties, and that of the establishments or places in which the work is carried on”. The Committee nonetheless considers that this provision does not establish the right enshrined in the Convention. Section 135 of the LFT prohibits workers from carrying out any activity that places them or anyone else at risk, yet there are dangerous situations that are independent of any action carried out by workers. Article 18 of the Convention establishes the right of workers to remove themselves when they have reasonable justification to believe there is an imminent and serious risk to their safety or health, and the right not to suffer any resulting undue consequences. Such a situation could arise in mining for example, where workers may reasonably believe, from the vantage point of their location, that there is a serious and imminent risk of an accident regardless of their action or inaction which may not be discernible by others outside the mine or in another part of the mine. In such event the Convention gives them the right to move away in the interests of personal safety. Situations such as this would not appear to be covered by section 135 of the LFT, since the belief, based on reasonable grounds, that there is an imminent and serious risk, may be unrelated to what the worker does or fails to do, but may arise from causes quite alien to them. The worker, being inside a given context, may perceive dangers that may not be visible outside that context and they must therefore have the right to remove themselves. Consequently, given the importance of this right to the safeguarding of lives, the Committee requests the Government to take the necessary steps to ensure that this right is recognized and protected in practice and to provide information in this regard.

Part V of the report form. Application in practice. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on occupational accidents and diseases relevant to this Convention, indicating the type of occupational accident and illness most frequently encountered and the measures taken to reduce their frequency. It also asks the Government to provide information on infringements reported by the labour inspectorate that relate to the Convention, indicating the most frequent infringements and the strategies taken to reduce them.