Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Safety and Health in Construction Convention, 1988 (No. 167) - Mexico (Ratification: 1990)

The Committee notes the information provided by the Government in its reports. It notes with interest the information on the measures adopted to give effect to the provisions of Articles 4, 13, paragraph 2, 16, paragraph 1(c), 30, paragraph 1, and 32, paragraph 2, of the Convention.

1. Article 8, paragraph 2 (measures to ensure cooperation between employers and workers undertaking activities simultaneously at one site), Article 20, paragraph 1 (good construction of cofferdams and caissons), Article 22 (design and construction of structural frames and formwork to ensure that workers are guarded against dangers arising from any temporary state of weakness or instability of a structure) and Article 23 (work done over or in close proximity to water). The Committee notes that the Secretariat for Labour and Social Insurance (STPS) was conducting, with the support of the Inter-American Development Bank, a study of the construction industry with the participation of the Mexican Chamber of the Construction Industry. The Mexican Chamber is reported to be responsible for the formulation of a draft official Mexican standard on health and safety in construction, which would include provisions on the matters covered by the above Articles. The Committee requests the Government to indicate whether this standard has been adopted and, if so, to provide a copy.

2. Article 9 (safety and health of workers in the design and planning of a construction project). With reference to its previous comments, the Committee requests the Government to indicate the measures envisaged or adopted to ensure that the persons responsible for the design and planning of a construction project are under the obligation to take into account the safety and health of the workers.

3. Article 12 (right of all workers to remove themselves from danger involving an imminent and serious danger to their safety and health, and the obligation of the employer to take immediate steps to stop the operation). The Committee notes the Government’s reference to section 18 of the Federal Safety, Health and Working Environment Regulations, which establish the obligation of workers to notify immediately the employer and the health and safety committee in the enterprise or establishment in which they are engaged of unsafe conditions or acts which come to their notice. This obligation of workers implicitly includes their right to remove themselves from danger which they consider to be serious for their health and safety. The Committee hopes that, in order to dispel any ambiguity, the Government, on the occasion of its forthcoming revision of the legislation, will adopt an explicit provision guaranteeing the rights and obligations set forth in paragraph 1 of the Convention. It further notes that no provision specifically establishes the obligation of the employer to stop the operation and evacuate workers where so warranted by a situation of danger. It notes in this connection the reference to section 250 of the Building Regulations of the Federal District, which establishes certain duties for the protection of the life and safety of workers. The Committee hopes that, with a view to resolving the current shortcomings, the Government will adopt a law or regulations explicitly providing for the right of workers to remove themselves from serious danger to their safety and the obligation of employers to stop the operation and, where necessary, evacuate the workers.

4. Article 16, paragraph 2 (safe and suitable access ways and the controlling of traffic so as to secure the safe operation of vehicles, earth-moving or materials-handling equipment). The Committee notes the Government’s reference to Standard NOM-004-STPS-1994 on protection systems and guards on machinery, equipment and accessories in work centres. It observes that this text does not contain provisions relating to safe and suitable access for the use of vehicles and equipment, nor on the organization and control of traffic in relation to such vehicles and equipment. It requests the Government to indicate the measures envisaged to give effect to this provision of the Convention.

5. Article 19(a), (b), (d), (e) (adequate precautions to guard against danger to workers from a fall or dislodgement of earth, the fall of persons, materials or objects, the consequences of fire or an inrush of water or material, and underground dangers) and Article 21, paragraph 2 (physical aptitude required for work in compressed air). The Committee notes the Government’s reference to official standards which are currently being formulated and which will give effect to the above Articles and will contain provisions in accordance with the Federal Safety, Health and Working Environment Regulations. The Committee requests the Government to indicate whether such standards have been adopted and, if so, to provide a copy.