Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Administration Convention, 1978 (No. 150) - Mexico (Ratification: 1982)

The Committee notes the comments of 30 August 2011 from the National Union of Federal Roads and Bridges Access and Related Services (SNTCPF), and the Government’s report received on 4 September 2012.

Follow-up to the recommendations of the tripartite committee (representation under article 24 of the ILO Constitution). The Committee refers to its comments on the Occupational Safety and Health Convention, 1981 (No. 155), and reminds the Government that, in the recommendations approved in March 2009 by the Governing Body regarding the representation made under article 24 of the ILO Constitution concerning an industrial accident that occurred in February 2006 in the Pasta de Conchos mine, the Government was invited, in consultation with the social partners, to continue to take the necessary measures, inter alia, to monitor closely the organization and effective operation of its system of labour inspection taking due account of the Labour Administration Recommendation, 1978 (No. 158), including its Paragraph 26(1) and to review the potential that the Labour Inspection Convention, 1947 (No. 81), provides to support the measures the Government is taking in order to strengthen the application of its laws and regulations in the area of occupational safety and health in mines (document GB.304/14/8(Rev.), paragraph 99(6)(b)(iv) and (d)). The Committee draws the Government’s attention to the following points in this connection.

Articles 4 and 5 of the Convention. Organization and effective operation of the labour inspection system as part of the system of labour administration. In its previous comments, the Committee requested the Government to continue to provide information on the measures taken or envisaged to step up the coordination of the labour inspection system with the system of labour administration, of which it is a part. The Committee welcomes the information sent by the Government reporting the development of an electronic information system (SAPI) for the implementation, follow-up and supervision of inspection visits, which should facilitate the programming of inspections, the creation of indicators and the production of the reports and documents needed to carry out visits. It also notes with interest that an inter-institutional grouping, composed of the Ministry of the Economy, the Mexican Social Security Institute (IMSS), the Secretariat of Labour and Social Insurance (STPS), the Office of the Federal Prosecutor for the Protection of the Environment (PROFEPA) and the Office of the Federal Prosecutor for the Defence of Labour (PROFEDET) has been established with a view to exchanging data for the purpose of creating a single directory of mining enterprises, which will facilitate the supervision of safety and health conditions in mines. It also notes the information from the Government to the effect that in May 2012 there were 30,458 mining licences in operation, 2,436 of which were in the State of Coahuila. Of these, 970 were for coalmines. Of the 297 coal pits identified thanks to support from the Mexican Geological Service (GEOINFOMEX), 149 had been inspected at the beginning of September 2012.

The Committee notes in this connection that the SNTCPF draws attention to difficulties in identifying the responsible subcontracted mining enterprise. The SNTCPF also states that the 100 work centres that the Government said would be inspected include not even 50 per cent of the “pocitos” in operation. Furthermore, at the end of August 2012, only 10 per cent of the 100 “pocitos” were actually inspected, which shows the STPS’ inability to enforce the obligations incumbent on employers. Consequently, according to the SNTCPF, between the 2010 Conference and September 2011, 33 miners died in industrial accidents.

The SNTCPF refers to a lack of inspection visits to supervise occupational safety and health and accident prevention, failure to apply the principle of reasonable diligence, a lack of human and material resources in the labour inspection services and failure on the part of employers to implement the measures prescribed by the labour inspectorate. The organization also points out the disparity of the criteria applied by labour inspectors in the course of their visits, and a tendency to negligence or bribery where enterprises are in breach of their obligations.

The SNTCPF also objects to the agreements concluded at the “coal summit”, which was not attended by any union representatives or representatives of the victims’ families. According to the trade union, the proposal the Government made at the summit to devote 50 million Mexican pesos to the purchase of occupational safety and health equipment for the mining enterprises in the region will not solve the problems given the serious hazards of mining in the “pocitos”.

The SNTCPF also objects to the amendment, on 11 August 2011, of Official Mexican Standard NOM-032-STPS 2008 on safety in underground coalmines, which allows employers to call on the services of the “verification units”. According to the organization, in some cases the units are economically reliant on the enterprise concerned, which bars them from being independent.

The SNTCPF also refers to recommendations 85/2010 and 12/2011 of the National Human Rights Commission, the aim of which is to improve the inspection system.

The Committee refers the Government to its comments under Convention No. 155 and would be grateful if the Government would send information on the impact of the initiative to strengthen the labour inspection system as part of the system of labour administration, inter alia, by establishing a directory of mining enterprises, including subcontracted enterprises, and the development of the SAPI, in particular in relation to the programming, the conduct of labour inspection visits and their follow-up in the mining sector. The Committee also asks the Government, in consultation with the social partners and the organization for the families of the deceased mine workers in the mine Pasta de Conchos, to continue to take measures to secure close supervision of the organization and effective operation of its labour inspection system as part of the system of labour administration, and to continue to provide information on the number of mines inspected.

Furthermore, the Committee would be grateful if the Government would state whether employers’ and workers’ organizations participate in the “verification units” established by Standard NOM-032-STPS-2008. It also asks the Government to send detailed information on the means available to the STPS to ensure that the “verification units” are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them (Articles 2 and 9 of the Convention).

Articles 5 and 6. Consultations with the social partners. The Committee notes the information sent by the Government that the draft reform of the Federal Labour Act submitted in March 2010 provides for a significant increase in the amounts of fines and for the federal labour inspectorate to be empowered to close a workplace where it detects dangers and risks to the physical integrity of the workers. The Committee would be grateful if the Government would keep the ILO informed of any progress made in the adoption and implementation of this draft. It also asks the Government to indicate the most representative organizations of employers and workers that were consulted on the drafting of the reform of the Federal Labour Act and the amendment in 2011 of Standard NOM-032-STPS-2008.

Articles 5 and 8. Consultations with the social partners on the national policy concerning international labour affairs. The Committee previously urged the Government to examine, in consultation with the workers’ and employers’ organizations, the potential the Labour Inspection Convention, 1947 (No. 81) would provide to support the measures the Government was adopting to improve application of the legislation on health and safety in mines. The Government indicates that, in accordance with article 19 of the ILO Constitution, the Convention was submitted to the competent authority in 1950 with a view to ratification, but the authority in question gave a negative opinion on the ground that the national laws and regulations were not consistent with Articles 3 and 6 of the Convention. The Government further states that, as it informed the ILO in 2008, 2009, 2010 and 2012, it does not envisage ratifying the Convention since the situation has not changed as far as the national legislation is concerned. The Committee notes that in its comments, the SNTCPF regrets that the Government has not taken a decision regarding the ratification of Convention No. 81.

The Committee requests the Government to indicate the most representative organizations of employers and workers that were consulted during the recent discussion of the possibility of ratifying Convention No. 81, and to provide detailed information on the results of the consultation.

Article 10 of the Convention and Paragraph 26(1) and (2)(a) and (b) of the Labour Administration Recommendation, 1978 (No. 158). Human resources and material means made available to the labour inspectorate as part of the labour administration system. Regional or local bodies, human resources and material means. The Committee notes with interest that a labour secretariat has been created in the State of Coahuila and that it went into operation in December 2011. It also notes that an agreement providing for specific safety and health measures has been concluded between the new secretariat and the government of the State of Coahuila. The Committee requests the Government to provide information on how the creation of the secretariat has affected the operation of the labour administration system, and particularly on the labour inspection system in connection with the application of the legislation on safety and health and the prevention of industrial accidents, particularly in underground coalmines and “pocitos”. It also asks the Government to specify the objectives of the abovementioned agreement and its early effects in terms of attaining the objectives.

Increase in the number of inspectors’ posts. The Committee also notes the information supplied by the Government that, thanks to the measures it has taken to increase the number of posts for federal inspectors and experts (personal dictaminador), the federal budget for 2012 authorized the creation of 400 new posts for federal inspectors. The number of labour inspectors, which stood at 376 in 2011, thus rose to 776 by early September 2012, and the Coalhuila coalfield, which had ten inspectors in 2010, now has 25. The Committee requests the Government to indicate whether these labour inspectors have already reported for duty, to specify the number of inspectors who perform safety and health supervisory duties, particularly in mines, and to provide details of the duties performed by experts (personal dictaminador), the number and geographical distribution of the experts and their areas of specialization.

Inspectors’ training. The Committee also notes the information supplied by the Government on various training courses organized for labour inspectors which covered mining among other subjects. It further notes that 11 federal inspectors were certified by the STPS under the competency standard “Monitoring observance of occupational safety and health standards”. The Committee would be grateful if the Government would provide further details of this certification, describing how the certification and the courses available to labour inspectors affect their qualifications and skills, particularly in the area of safety and health in mines.

Material resources. The Government also mentions the material means made available to labour inspectors in the State of Coalhuila (telephone hotline for complaints, production of a guide on evaluating the application of safety and health standards for small-scale coalmines, provision of laptops and cellphones for all labour inspectors, and access to a van). The Committee requests the Government to describe the material means, including means of transport and safety equipment, available to inspection staff for the performance of their duties, particularly in underground coalmines and “pocitos”.

Part IV of the report form and Paragraphs 20 and 25(2) of Recommendation No. 158. The Committee observes that the Government has not sent the statistical data (annual report) requested on the inspection activities carried out in the mining sector, particularly in coalmines. It nonetheless notes the tables included in the report on Convention No. 155 giving statistics of “major accidents in the mining industry” that occurred between 16 February 2006 and 18 May 2012, and on occupational hazards broken down by economic activity for 2010. The Committee again asks the Government to provide copies of the periodical reports produced by the labour inspectorate as part of the labour administration system, containing statistical information on the inspection activities carried out in the mining sector, particularly in coalmines.

[The Government is asked to reply in detail to the present comments in 2014.]