Mexico has a robust framework of health and safety laws that prioritize worker well-being. The foundation of these laws is Article 123 of the Mexican Constitution, which establishes the right to safe and healthy working conditions. The primary legislation enforcing this right is the Federal Labour Law (Ley Federal del Trabajo, 1931), specifically Chapter XIII on Occupational Safety and Hygiene.

These laws are supplemented by the Social Security Law (Ley del Seguro Social, 1973) and enforced by the Secretariat of Labour and Social Welfare (Secretaría del Trabajo y Previsión Social, STPS). Additionally, NOMs (Normas Oficiales Mexicanas) provide detailed technical specifications for workplace safety and hygiene, issued by various government ministries depending on the specific hazard or industry.

Employer Duties

Employers in Mexico hold significant responsibility for ensuring a safe and healthy work environment. The Federal Labour Law outlines various employer duties, including:

• Providing a safe workplace: Employers must identify and mitigate workplace hazards to prevent accidents and illnesses.
• Maintaining safety programs: Employers must establish, implement, and maintain occupational safety and health programs.
• Hazard prevention and control: Employers must implement hazard prevention and control measures such as engineering controls, safe work practices, and personal protective equipment (PPE).
• Training and education: Employers must provide workers with training and education on workplace safety and health hazards.
• Medical surveillance: For certain high-risk occupations, employers must provide medical surveillance to monitor worker health.
• Recordkeeping and reporting: Employers must record and report work-related accidents and illnesses to the STPS.

Employee Duties

Employees also have a role to play in maintaining a safe work environment. The Federal Labour Law stipulates employee duties such as:

• Following safety rules and procedures: Employees must comply with safety standards and use PPE as required.
• Reporting unsafe conditions: Employees must report unsafe work conditions to their employer.
• Taking care of their own health and safety: Employees must avoid actions that could endanger themselves or others.

Employers who fail to comply with these health and safety laws may face sanctions including fines, work stoppages, or even temporary or permanent closure of the workplace.

Occupational health and safety (OH&S) in Mexico is well-defined and established through a combination of laws, regulations, and standards. These are enforced by the Ministry of Labor and Social Welfare and implemented within workplaces to ensure worker well-being and prevent accidents or illnesses.

Mexican Legal Framework for OH&S

The Federal Labor Law outlines the fundamental rights and obligations of employers and employees regarding safety in the workplace. It mandates employer responsibility for providing a safe work environment and worker compensation for work-related injuries and disabilities.

The Federal Regulations on Safety, Hygiene, and the Work Environment elaborate on the specific requirements employers must fulfill to achieve a safe work environment. This includes provisions on safety standards, health regulations, and obligations regarding personal protective equipment (PPE).

Mexican Official Standards (NOMs) establish technical specifications for various aspects of OH&S. NOMs address a wide range of topics, including exposure limits for hazardous substances, ergonomics, ventilation requirements, and medical surveillance programs.

Key Areas of Focus in Mexican OH&S

Mexican OH&S regulations emphasize several key areas to promote workplace safety and worker health:

Safety Standards

Employers are responsible for identifying and mitigating workplace hazards. This includes implementing engineering controls, establishing safe work procedures, and providing training for workers on hazard recognition and safe work practices.

Health Regulations

Mexican OH&S laws address a range of health hazards through regulations on exposure to hazardous substances, ergonomics, ventilation, and medical surveillance programs. These regulations are designed to prevent occupational illnesses and promote worker well-being.

Organizational Requirements

The law mandates the establishment of joint committees (Comités Mixtos de Seguridad e Higiene) in workplaces with more than 50 employees. These committees comprise representatives from both employers and workers and play a vital role in identifying and addressing safety concerns within the workplace.

Personal Protective Equipment (PPE)

Mexican OH&S regulations require employers to conduct workplace hazard assessments to determine the necessary PPE for their employees. They must then provide the appropriate PPE, ensure its availability, and maintain it in proper working condition.

Workplace inspections in Mexico are conducted by the Secretaría del Trabajo y Previsión Social (STPS) to ensure compliance with occupational health and safety regulations. These inspections are crucial in safeguarding worker well-being and preventing accidents and illnesses.

Types of Inspections

The STPS utilizes two primary types of inspections:

• Regular Inspections (Visitas Ordinarias): These planned inspections are part of the STPS annual program and target specific industries or sectors identified as high-risk. The inspection program aligns with Mexico's obligations under the United States-Mexico-Canada Agreement (USMCA).

• Special Inspections (Visitas Extraordinarias): These unscheduled inspections can be triggered by worker complaints, reports of accidents or near misses, or suspicion of imminent danger in the workplace.

Inspection Procedures

The STPS follows a specific procedure during inspections:

• Notification: The STPS informs the workplace in advance of a regular inspection but conducts special inspections without prior notice.

• Documentation Review: Inspectors review documentation related to occupational health and safety programs, risk assessments, accident records, and worker training records. The Federal Regulations on Safety, Hygiene, and the Work Environment outline the specific documentation required.

• Workplace Walk-through: Inspectors conduct a comprehensive visual inspection of the workplace to observe work practices, identify hazards, and assess compliance with safety standards and hygiene regulations.

• Findings and Corrective Actions: Following the inspection, the STPS issues a report detailing any identified violations. The report may stipulate corrective actions employers must take to achieve compliance with occupational health and safety regulations.

Inspection Criteria

Inspectors focus on several key criteria during workplace inspections:

• Implementation of a comprehensive occupational health and safety program: This includes hazard identification and risk assessments, establishment of safe work procedures, and provision of worker training on safety protocols.

• Compliance with NOMs (Norma Oficial Mexicana): Inspectors verify adherence to technical standards established for various occupational health and safety aspects, such as exposure limits for hazardous substances and ergonomic requirements.

• Availability and proper use of Personal Protective Equipment (PPE): The inspection assesses whether employers provide appropriate PPE based on workplace hazards and ensure its availability, maintenance, and worker training on proper use.

• Workplace safety and hygiene conditions: Inspectors evaluate the overall work environment for potential hazards, including improper ventilation, inadequate lighting, and unsanitary conditions.

Frequency and Follow-up Actions

The frequency of regular inspections varies depending on the industry and perceived risk level. However, the increased focus on occupational health and safety under USMCA may lead to more frequent inspections across all sectors.

Following an inspection, the STPS may take several follow-up actions:

• Issuing warnings or fines for non-compliance
• Mandating corrective actions within a specific timeframe
• Ordering the temporary closure of a workplace in cases of imminent danger
• Referring serious violations to the Federal Attorney's Office for potential legal action

Employers are responsible for demonstrating compliance with corrective actions during subsequent inspections by the STPS.

In Mexico, there are specific protocols in place for handling workplace accidents. These protocols ensure that injured workers receive timely medical attention, the incident is properly investigated, and fair compensation for damages is provided.

Reporting Requirements

Employers are legally obligated to provide first aid and arrange immediate medical attention for the injured worker. Following the accident, a written report must be filed with the Secretaría del Trabajo y Previsión Social (STPS) within 72 hours. This report should detail the accident, including the date, time, location, injured worker's information, and a brief description of the incident.

Employers must also register all employees with the Mexican Social Security Institute (Instituto Mexicano del Seguro Social [IMSS]) or the Institute for Social Security and Services for Workers of the State (Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado [ISSSTE]). These institutions provide medical care and compensation benefits to workers in case of work-related accidents and illnesses.

Investigation Processes

After the accident report, the STPS may initiate an investigation to determine the cause of the accident. This investigation may involve reviewing workplace documentation related to safety programs, risk assessments, and worker training records. It may also involve conducting interviews with the injured worker, witnesses, and supervisors to gather information about the events leading up to the accident. The workplace may also be inspected to identify any safety hazards that may have contributed to the accident. The goal of the investigation is to prevent similar accidents from occurring in the future by identifying and addressing underlying safety deficiencies.

Compensation Claims

If a worker sustains a work-related injury or illness, they are entitled to compensation benefits through their social security institution (IMSS or ISSSTE). The type and amount of compensation depend on the severity of the injury and the worker's disability level. Benefits may include:

• Medical care: This covers all necessary medical treatment related to the work-related accident or illness.
• Temporary disability benefits: If a worker is unable to work due to the accident, they may be eligible for temporary disability payments to cover a portion of their lost wages.
• Permanent disability benefits: Workers who suffer permanent disability due to a work-related accident may be eligible for permanent disability payments.
• Dependency benefits: In case of a work-related fatality, dependents of the deceased worker may be entitled to financial support.

Workers can file compensation claims directly with their social security institution. If their claim is denied, they have the right to appeal the decision through legal channels.