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

Occupational Safety and Health Convention, 1981 (No. 155) - Mexico (Ratification: 1984)

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 4 of the Convention. Formulation, implementation and periodical review of a coherent national policy on occupational safety and health in consultation with the most representative organizations of employers and workers. The Committee notes that according to the Government, the prevention of occupational risks is one of the main priorities of the labour policy part of the National Development Plan for 2007–12 and that the sectoral programme for labour and social protection thus includes the objective to improve occupational safety and health. The Government indicates that this objective is to be achieved through the following strategies: (1) creating a coherent, clear, preventive, competitive and efficient regulatory system, in particular as regards high-risk activities; (2) developing and consolidating a preventative safety culture as regards risks at work which favours preventive rather than corrective measures; and (3) promoting institutionalized participation of organizations of workers and employers as well as other mixed party organisms. The Committee notes that the National Consultative Occupational Safety and Health Committee (COCONASHT) approved an occupational safety and health policy for 2007–12 by agreement No. 03/02-SO/2008. According thereto, a series of activities, to which the Committee referred in its observation, are to be implemented. The Committee also notes the legislative changes introduced. While noting that numerous activities are ongoing, the Committee considers that it would need further, more detailed information regarding the functioning of the three stages of the national policy process envisaged in this Article of the Convention, namely its (1) formulation, (2) implementation and (3) periodical review of the national policy. As indicated in paragraph 55 of its 2009 General Survey on occupational safety and health “the terms formulate, implement and periodically review the national policy indicate that the national policy must be maintained up to date through a process which follows, in general terms, the classical steps of the plan-do-check-act systems management model. In other words the national policy must be formulated (plan), put into action (do) and periodically reviewed (check). The review is a crucial step to ensure that the effectiveness of the implementation is assessed and areas for further action towards improvements are identified (Act). The periodicity of the review process ensures that the national policy keeps pace with socio-economic and technological changes. It should be underscored that this review should be undertaken regularly”. The Committee requests the Government to provide full information on how these mechanisms operate and the periodicity of the review.

Article 7. Periodical review of the situation regarding occupational safety and health. The Committee requests the Government to provide information on overall reviews of the situation regarding occupational safety and health or reviews of particular areas thereof that have been carried out or that are under way, as well as on how problems have been identified, the priorities set for measures to take and the evaluation of the results achieved. The Government is also requested to indicate whether there are sectoral tripartite structures that participate in this review and how this sectoral review is harmonized at the national level in order to arrive at a coherent national policy.

Article 15. Coherence and coordination. The coherence of the national policy envisaged in Article 4 of the Convention is another indispensable requirement. During the preparatory work of the Convention, it was clarified that in this context coherence meant that the national policy should be composed of mutually compatible components making up a consistent whole. In this respect, the Committee notes that, according to information available on the internet site of the Consultative Commissions of Occupational Safety and Health (COCOSHT) to which the Government refers, the need for an increased coherence of the national policy is recognized. In fact, COCOSHT’s analysis of occupational safety and health revealed concerns such as, for example, that there were numerous overlaps at the institutional level due to unclearly defined mandates; the legal structure was complex; and difficulties were encountered in terms of enforcement. In this context, it was recommended, inter alia, to develop a coherent, simple and clear regulatory framework as regards occupational safety and health which would gives priority to prevention, in conformity with international standards and that resources are made available to enable the reducing of occupational risks. The Committee requests the Government to provide information on measures taken or envisaged as a result of this analysis and in the light of the recommendations aimed at improving the coherence and coordination as prescribed in this Article of the Convention, as well as information on how the labour inspectorate is involved in this process in order to strengthen the enforcement and efficient application of occupational safety and health standards.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at one workplace. With reference to its previous comments, the Committee notes that the information provided by the Government does not address the issues of collaboration between two or more undertakings but the collaboration to be undertaken between each enterprise or employer and the government authorities. The Committee requests the Government to provide information on the legislative provisions which regulate the obligation for two or more undertakings engaging in activities simultaneously at one workplace to collaborate as regards the occupational safety and health measures prescribed in this Convention. Please indicate if the competent authorities have defined the modalities for this cooperation, as foreseen in Paragraph 11 of the Occupational Safety and Health Recommendation, 1981 (No. 164).

Point V of the report form. Application in practice. The Committee asks the Government to provide further information on the application of the Convention in practice, including extracts from inspection reports, statistical information, and any other information on practice which will enable the Committee to evaluate how this Convention is applied in practice, provided that this information has not already been submitted in the context of the Government’s response to these comments.