Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 155) sur la sécurité et la santé des travailleurs, 1981 - Mexique (Ratification: 1984)

The Committee notes the observations of the Confederation of Workers of Mexico (CTM), the Confederation of Employers of the Mexican Republic (COPARMEX), the Authentic Workers’ Confederation of the Mexican Republic (CAT) and the International Confederation of Workers (CIT), sent together with the Government’s report, and the observations of the Autonomous Confederation of Workers and Employees of Mexico (CATEM), sent by the Government in November 2024.

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

The Committee notes that in June 2025 the Governing Body approved the report of the tripartite committee appointed to examine a representation made by the National Mining and Metallurgy Union (CTM) under article 24 of the ILO Constitution (GB.354/INS/9/1), concerning the application by the Government of Mexico of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Occupational Safety and Health Convention, 1981 (No. 155). Noting that the tripartite committee asked the Committee to follow up on its recommendations, particularly with regard to the application of Articles 4, 5(a), 7, 9, 15, 16 and 18 of Convention No. 155, the Committee examines these points in its comments below.

Articles 4, 5(a) and 7 of the Convention. Review of the national policy and situation regarding occupational safety and health (OSH) and the working environment. 1. Statistics on occupational accidents and diseases. Further to its previous comments on the increase in the number of occupational diseases between 2009 and 2019, the Committee notes the Government’s indication in its report that the lack of a culture of prevention is the main reason for this significant increase. The Government also affirms that although commuting accidents have increased in recent years, recommendations and precautionary measures on road safety supplied by the State Employees’ Social Security and Social Services Institute (ISSSTE), through the occupational safety and health (OSH) committees, have helped to mitigate risks at work. The Committee also notes the information provided by the Government on the OSH-related activities of the Ministry of Labour and Social Welfare (STPS) carried out between June 2021 and May 2024, with the participation of employers’ and workers’ representative organizations, in the context of the National Advisory Committee on OSH Standards (CCNNSST), the OSH National Advisory Committee (COCONASST) and the State Advisory Committees (COCOESST). In particular, the Committee notes the Government’s reference to the adoption of various OSH programmes and agreements, including in the mining sector.

The Committee also notes the data on occupational accidents and diseases available on the STPS website, which indicate the following for the 2020–23 period: (i) the number of occupational accidents increased (from 267,260 in 2020 to 390,658 in 2023); (ii) the number of cases of occupational disease decreased considerably (from 144,151 in 2020 to 15,119 in 2023); (iii) the number of deaths resulting from occupational accidents and diseases has decreased (from 1,948 in 2020 to 1,037 in 2023); and (iv) there has been a rising trend in the number of commuting accidents (from 91,380 in 2020 to 156,463 in 2023). In particular, with regard to the mining and quarrying sector, the Committee notes the number of occupational accidents (2,868 in 2019; 1,797 in 2020; 2,237 in 2021; 2,404 in 2022; and 2,326 in 2023), cases of occupational disease (880 in 2019; 1,197 in 2020; 2,033 in 2021; 1,565 in 2022; and 1,501 in 2023), and deaths resulting from occupational accidents or diseases (22 in 2019 and 2020; 36 in 2021; 29 in 2022; and 18 in 2023). The Committee notes that the CAT states in its observations that the statistics only include some data and that governments need to coordinate with the Ministry of Health to obtain the relevant recorded data. It also points out that the available data are not always accurate, as employers often do not report workplace accidents to the health authorities because they could be affected by the risk premium. The Committee also notes that CATEM points out in its observations that: (i) more rigorous preventive measures have been implemented and a culture of safety in the workplace has been created; (ii) between 2019 and 2024, there was a 30 per cent increase in the formation of health and safety committees in enterprises, contributing to greater vigilance and improved working conditions; (iii) the Government has worked with employers and trade unions to develop and implement a more effective national OSH policy, and new regulations have been adopted that set higher standards for occupational risk management; (iv) since 2019, the STPS has intensified its training programmes on risk identification, the proper use of personal protective equipment, and the creation of effective emergency plans, benefiting more than 500,000 workers across the country, and national OSH awareness campaigns have been carried out; and (v) the Government has announced plans to increase the frequency of labour inspections and improve the collection and analysis of data on occupational accidents and diseases. The Committee requests the Government to provide detailed information on the causes of the increase in the number of occupational accidents and commuting accidents between 2020 and 2023. The Committee also requests the Government to continue providing statistical data on occupational accidents, cases of occupational disease and fatal accidents, disaggregated by sector and year, including specific data on the mining sector.

2. Accidents in coal mines in the state of Coahuila. The Committee notes that, according to the tripartite committee responsible for examining the above-mentioned representation, the repeated accidents that have taken place in coal mines, particularly between 2019 and 2021, have put the lives and health of workers at risk. In particular, it notes that: (i) the Government acknowledges, in the context of the representation, that mining is considered a high-risk occupation that requires measures, actions and provisions to guarantee the integrity of those who engage in it; (ii) the tripartite committee in question observes that this situation highlights the need for a more in-depth review of the OSH situation in the mining sector in order to develop effective means of addressing the main problems identified, in accordance with Article 7 of the Convention; and (iii) the tripartite committee recalls the importance of taking account, insofar as they affect occupational safety and health and the working environment, of the design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work (workplaces, working environment, tools, machinery and equipment; chemical, physical and biological substances and agents; and work operations and processes), in accordance with Article 5(a). In this regard, the Committee also notes that a revision of Official Mexican Standard NOM-032-STPS-2008 (Safety for in underground coal mines) was planned for 2024, and that the draft regulatory standard for the Mining Act is currently being drawn up. Taking into account the tripartite committee’s conclusions, the Committee urges the Government to conduct a more in-depth review of the OSH situation in the mining industry and take the necessary steps to prevent future accidents. The Committee also requests the Government to strengthen the national occupational safety and health policy with the aim of preventing accidents and injury to health arising out of, linked with or occurring in the course of work, in accordance with Article 4(2) of the Convention. The Committee further requests the Government to provide information on the measures taken in this regard, including on the revision of Mexican Official Standard NOM-032-STPS-2008 (Safety in underground coal mines) planned in 2024, as well as on progress made on the draft regulatory standard for the Mining Act.

Articles 9 and 15. Adequate and appropriate system of inspection. Adequate penalties. Coordination between authorities. Further to its previous comments, the Committee notes that the Government indicates the number of annual inspections carried out in the 2021–23 period (11,775 in 2021, 14,707 in 2022 and 10,784 in 2023), the number of workers covered by these inspections (3,026,390, 4,727,203 and 1,954,593, respectively), the number of OSH measures (89,050, 239,743 and 348,167) and penalties imposed (3,284, 4,338 and 1,320). In this regard, the Committee notes the Government’s reference to the inspection programme for 2024 published by the STPS, according to which, following the implementation of the special work programme of inspection visits to workplaces in the mining sector in 2022, aimed at ensuring compliance with OSH measures in the mining industry, more than 2,400 inspections were carried out in workplaces engaged in mining activities in 2022 and 2023 (almost 2,000 in 2023). The Committee also notes that the Government reports the setting up of the “Voluntary labour verification programme”, through the agreement published on 1 November 2021, as an alternative mechanism to inspection for workplaces to declare compliance with labour regulations on safety and health. The Committee also notes that the CAT points out in its observations that, given the inaccuracy of the statistics, the inspectorate should produce a report on recorded health and safety inspections since workers are present during inspections and can point out to inspectors the occupational risks existing in their workplace.

With regard to inspections in mines in the state of Coahuila, the Committee also notes the tripartite committee’s observation that some labour inspections have been carried out in coal mines in Coahuila and a series of measures have been taken to strengthen enforcement, including: (i) consideration of ratification of the Safety and Health in Mines Convention, 1995 (No. 176); (ii) the adoption of the Decree reforming, adding to and repealing various provisions of the Mining Act, published on 8 May 2023, with a view to promoting greater collaboration between agencies and the exchange of information to improve OSH in mining concessions; (iii) the conclusion of cooperation agreements between the STPS and the Directorate of Mines; and (iv) the modernization of the “Inspection process support system (SIAPI)” and the “Comprehensive system for handling complaints, reports and accidents (SIQADE)”. The Committee also notes that, according to the tripartite committee: (i) there is no indication whether the number of follow-up inspections was sufficient; (ii) accidents have occurred despite the existence of precautionary measures restricting access to certain mines; and (iii) no information has been provided on other measures taken by the Labour Inspectorate to ensure compliance with the penalties imposed and the non-recurrence of accidents at the same workplace. The tripartite committee also recalls the importance of adopting provisions to achieve the necessary coordination between the relevant authorities, in accordance with Article 15 of the Convention. In view of the tripartite committee’s conclusions, the Committee urges the Government to take the necessary steps to ensure an adequate and appropriate inspection system, endowed with the necessary resources, to enforce safety and health legislation, including through the imposition of adequate penalties in the event of violations, in accordance with Article 9 of the Convention. The Committee also encourages the Government to take steps to ensure the necessary coordination between the various authorities and bodies to improve labour inspection procedures, in consultation with the most representative employers’ and workers’ organizations, in accordance with Article 15 of the Convention. The Committee also requests the Government to provide information on any measures taken in this regard, including the outcome of cases pending before the courts. In addition, the Committee requests the Government to: (i) continue providing information on the number of inspections carried out, the number and type of violations detected and the penalties imposed, including data on the mining sector; and (ii) provide further information on the implementation of the “Voluntary labour verification programme” in the context of labour inspection.

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. Further to its previous comments, the Committee notes the Government’s reference to section 283(XIX) of the Federal Labour Act (LFT), which was added through the Decree reforming, adding to and repealing various provisions of the LFT and the Social Security Act, regarding the labour rights of agricultural workers, published on 24 January 2024, and which provides that workers may refuse to do their work, without loss or reduction of wages, when there is an imminent danger to their safety and health. The Government indicates that, without prejudice to the possibility of considering the relevance of amending section 343-D(III) of the LFT in the future in accordance with national interests, the notification which workers must give under the aforementioned section is not a prerequisite for exercising their right to withdraw from the workplace exposed to imminent risk, but rather a duty to inform the employer so that the latter can take the necessary measures to reduce the risk. In this regard, the Committee recalls that according to the literal text of section 343-D(III) of the LFT, workers may refuse to perform their duties as long as the joint health and safety committee confirms that situations of imminent risk have been identified which could endanger their lives, physical safety or health or those of their co-workers. The Committee also notes that: (i) section 343-D of the LFT is only applicable to workers in mines; (ii) section 283(XIX) only applies to agricultural workers; and (iii) there are no other provisions in the LFT that provide for the right of workers to interrupt a work situation because they believe, on reasonable grounds, that it poses an imminent and serious danger to their life or health. In this regard, the Committee also notes that the CAT states in its observations that the lack of appropriate checks in this area puts the health and lives of workers at risk, and insists that random inspections in this regard in companies would help to reduce incidents. It also points out that, although a joint health and safety committee must exist in every workplace and is responsible for verifying compliance with all protective measures, some employers only simulate participation. The Committee requests the Government to take the necessary steps, including the amendment of section 343-D(III) of the LFT with regard to mineworkers, to ensure that any workers who deem it necessary to interrupt a work situation because they believe, on reasonable grounds, that it poses an imminent and serious danger to their life or health, are protected from unjustified consequences.

Articles 16 and 18. Obligation of employers to ensure that workplaces, machinery, equipment and processes are safe, and to provide adequate protective equipment. Measures to deal with emergencies and accidents. The Committee takes note of the information in the tripartite committee’s report concerning: (i) unsafe working conditions in mines in Coahuila, including insufficient measures to prevent flooding of caves, collapse of cave walls and rockfall, lack of adequate protective equipment provided to mineworkers in certain cases, and transport of workers in vehicles without adequate safety measures; (ii) changes in the companies operating the mines, which has made it difficult to implement the legal framework relating to OSH; and (iii) inadequate emergency exits and lack of equipment to handle emergencies and provide first aid. In this regard, the Committee notes that the tripartite committee stresses the importance of maintaining a broad social dialogue with all representative employers’ and workers’ organizations in the sector concerned in order to adopt preventive and protective measures to ensure the safety and health of workers in coal mines, particularly in the state of Coahuila. Taking into account the tripartite committee’s conclusions, the Committee requests the Government to pursue its efforts to: (i) strengthen measures to ensure that workplaces, machinery, equipment and processes under its control are safe and without risk to the safety and health of workers, and that adequate protective clothing and protective equipment are provided to prevent the risk of accidents or of adverse effects on health (Article 16 of the Convention); and (ii) ensure that employers provide, where necessary, for measures to deal with emergencies and accidents, including adequate first-aid arrangements (Article 18 of the Convention). The Committee also requests the Government to provide comprehensive up-to-date information on the measures taken in this respect.

In addition, the Committee recalls its pending comment on the ratified technical Conventions on OSH (the Radiation Protection Convention, 1960 (No. 115), the Occupational Health Services Convention, 1985 (No. 161), the Safety and Health in Construction Convention, 1988 (No. 167), and the Chemicals Convention, 1990 (No. 170)), adopted by the Committee in 2021, to which it will request the Government to respond in its next report.

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