Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 170) sur les produits chimiques, 1990 - Mexique (Ratification: 1992)

Article 4 of the Convention. Coherent national policy on the use of chemicals. Further to its previous comment, the Committee notes the information provided by the Government concerning the tripartite bodies responsible for advising public authorities at the state and federal levels on the elaboration of occupational safety and health policies. It however notes that the report does not contain any information concerning the development of a specific national policy on the use of chemicals at work. The Committee accordingly reiterates its request that the Government take the necessary measures, in consultation with the social partners, to ensure that the issues governed by the Convention concerning the use of chemicals at the workplace are included in the occupational safety and health policies developed at the state and federal levels, and to provide information on any development 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 notes the Government’s reference to Mexican Official Standard NOM-010-STPS-2014 which establishes procedures for the identification, evaluation and control of chemical agents at the workplace and fixes maximum exposure limits for a number of chemical agents. The Committee requests the Government to indicate whether there exist mechanisms whereby the competent authority may, if justified on safety and health grounds, prohibit or restrict the use of certain hazardous chemicals or require advance notification and authorization before such chemicals are used, as provided under this Article of the Convention.

Article 10(3) and (4). Responsibilities of employers. While noting the Government’s reference to Mexican Official Standard NMX-R-019-SCFI-2011 on the harmonized system of classification and notification of hazardous substances, the Committee notes that its provisions do not give effect to Article 10(3) and (4) of the Convention which requires employers to use only certain chemicals and to maintain a record of hazardous chemicals used at the workplace which shall be accessible to all workers concerned and their representatives. Consequently, the Committee once again requests the Government to indicate the legislative provisions which give effect to this Article of the Convention.

Article 18(1) and (2). Right of workers to remove themselves from danger. Further to its previous comments, the Committee notes the Government’s reference to sections 343-C and 343-D of the Federal Labour Act (LFT) which would establish a right for workers to remove themselves from danger resulting from the use of chemicals. The Committee however notes that these sections do not fully give effect to Article 18 as section 343-C sets out an obligation for the employer to evacuate the workplace in case of imminent danger, and that the right of workers to refuse to work, provided by section 343-D, is conditional on the decision of the joint committee on safety and health to confirm the existence of an imminent danger. Recalling that Article 18 of the Convention does not provide for such restrictive conditions, the Committee once again requests the Government to take all necessary measures to ensure that the right of workers to remove themselves and the right not to suffer any resulting undue consequences are recognized and protected in law and in practice.

Application of the Convention in practice. The Committee notes the information provided by the Government on the manner in which the occupational safety and health legislation is enforced in practice. It notes in particular the launch, in 2013, of the self-assessment electronic tool for employers. Further noting the results of inspection visits conducted between 2009 and 2014, the Committee requests the Government to continue to provide information on the practical application of the Convention, including specific information on occupational accidents and diseases caused by the use of chemicals and on preventive measures adopted to reduce their occurrence, as well as statistical data on inspection visits, any infringements to the relevant legislation and sanctions imposed.