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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Union of Workers of the Federal Roads and Bridges Access and Related Services (SNTCPF), received in 2016, as well as the observations of the Confederation of Mexican Workers (CTM) and the International Trade Union Confederation (ITUC), communicated with the Government’s report.

The Committee also notes the Government’s comments with relation to the observations of the SNTCPF, received in 2014 and 2015, regarding the need to adopt occupational safety and health (OSH) measures concerning firedamp in the extraction of coal, shale gas, natural gas and oil. The Committee further notes that the 2021 Inspection Programme, sent by the Government with its report, includes updating the OSH standards framework by amending, inter alia, Mexican Official Standard NOM-032-STPS-2008 on safety in underground coalmines. The Committee requests the Government to refer to its comments formulated in this connection regarding the application of the Occupational Safety and Health Convention, 1981 (No. 155).

Articles 4 and 6(1) and (2)(a) of the Convention. Organization and operation of the system of labour administration. National labour policy. The Committee notes that the CTM mentions, in its observations, that it is not possible to plan, organize and implement a public policy on labour administration given that the labour administration system operates according to the ideology and criteria of the incumbent government, and that the staff members contracted by that government initially lack the training necessary to carry out their functions and that occasionally the action taken by the labour administration system fails to protect workers. The Committee also notes that the ITUC, in its observations, describes labour inspection activities of the Secretariat of Labour and Social Welfare (STPS) as feeble, fragmented, and accorded little importance; while for its part, the SNTCPF states in its observations that labour inspection is proving ineffective in curbing OSH violations in mining centres (in particular in illegal or clandestine coalmines), as a result of its narrow scope, the slowness of its operation and the bureaucracy involved. In relation to these comments, the Committee notes the information provided by the Government on the adoption of the Sectoral Labour and Social Welfare Programme (PSTPS) 2020–24 and of the Inspection Programme (PI) 2021. These programmes include strategies and action in respect of labour inspection aimed at: (i) the restructuring of the labour inspectorate focusing on simplification of standards, training, the use of new technologies and stamping out corruption, to ensure compliance with the labour standards in force, with emphasis on non-discrimination and inclusion (priority strategy 4.4 of PSTPS 2020–24); and (ii) the implementation by the Directorate-General of the Federal Labour Inspectorate of the STPS of an inspection strategy focused on the country’s current needs and problems, centring inspection activities on monitoring the general working and OSH conditions of mine workers, among others (strategy 1, action line 1 of the PI 2021). The Committee requests the Government to provide detailed comments in relation to all the observations referred to above, making particular reference to the implementation and results of the strategies and actions included in the PSTPS 2020–24 and the PI 2021 (or subsequent programmes) with regard to labour inspection, as well their impact on the operation of the labour inspection as part of the system of labour administration.

Article 5. Consultation, cooperation and negotiation between the public authorities and the social partners. With regard to its previous comments on the coordination of action between the social partners and workplace safety and health committees, the Committee notes: (i) the information provided by the Government on the operation of tripartite bodies such as the national OSH consultative committee and the national consultative committee for OSH standardization between 2015 and 2020; (ii) the STPS reports from 2018–19 and 2019–20, communicated by the Government, which contain information regarding inter-institutional coordination and cooperation implemented by the STPS; and (iii) the PSTPS 2020–24 strategies and action involving cooperation between the public authorities and the social partners, as well as participation by the latter, to ensure that OSH conditions in workplaces are such as to prevent occupational accidents and diseases (strategy 4.3). the Committee requests the Government to refer to its comments made in respect of the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 10. Staff of the labour administration system. With regard to its previous comments on any measures adopted to increase the number of labour inspectors responsible for supervising OSH conditions in the mining sector, the Committee notes the information provided by the Government regarding the increase in the number of inspectors for all sectors between 2013 and 2017, which shows that there were 776 inspectors in 2013, 926 in June 2016 and 946 in June 2017. The Committee requests the Government to continue providing information on the numbers of labour inspectors, specifying how many of these are responsible for monitoring OSH conditions in the mining sector. Likewise, the Committee requests the Government to provide information, where applicable, on measures adopted or envisaged to increase the number of labour inspectors, in particular those responsible for monitoring OSH conditions in the mining sector.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the National Union of Workers of the Federal Roads and Bridges Access and Related Services (SNTCPF), received in 2016.

Article 4 of the Convention. Organization and operation of the labour administration system. Coordination of its functions and responsibilities. The Committee notes that, in reply to its request for information on the measures adopted to improve coordination between the state secretariats involved in inspections, the Government indicates in its report that: (i) the Secretariat of Labour and Social Welfare (STPS) maintains communication and coordination between the secretariats of the various federal entities for the purpose of collaborating within their competences in respect of inspection; and (ii) the Directorate General of the Federal Labour Inspectorate of the STPS continues to be responsible, under its 2019 statute, for setting general rules governing the conclusion of coordination and cooperation agreements in respect of labour inspection with the authorities of other federal entities and with other public and private bodies.

The Committee recalls that, following the serious accidents that have taken place in the past in the mining sector, in its previous comment it requested information on all progress made in establishing a unified directory of all enterprises in the sector, an initiative that would help reinforce inspection visits. In this connection, the Committee notes that the SNTCPF indicates in its observations that the Government does not have an adequate and efficient directory of mining enterprises that includes subcontracted enterprises, noting that registration in the directory is not compulsory and that it habitually contains incorrect information. The Committee once again requests the Government to provide information on developments in the establishment, functioning and scope of the directory of mining enterprises.

The Committee also notes the Government’s indication that, under a reform of the Federal Labour Act (LFT) adopted in 2021, various provisions on subcontracting of labour were amended to limit the practice solely to specialized activities, with a view to protecting workers’ rights and to prevent contracting enterprises from evading fiscal and labour obligations. Following the reform, section 15 of the LFT establishes that enterprises wishing to perform the abovementioned activities shall register in a public directory of specialized service or works providers, under the responsibility of the STPS. The new section 1004-C of the LFT, included as part of the reform, provides for sanctions (fines) for natural or legal persons providing subcontracting services without registering in the directory, as well as for those benefiting from the provision of services. The Committee requests the Government to provide detailed information on the impact of the operation of the directory of specialized service or works providers on the functioning of the labour administration system, including on the activities of the labour inspectorate that are part of that system and the amount of any sanctions issued against persons subcontracting services without registering in the directory. The Committee also requests the Government to inform it of whether there is any link between the directory of specialized service or works providers and the directory of mining enterprises referred to in the preceding paragraph.

Article 10. Training for the staff of the labour administration system. Material means necessary for the effective performance of their duties. In its earlier comments, the Committee requested the Government to: (1) continue to provide information on the training offered to labour inspectors, particularly on occupational safety and health (OSH) in mines and the certification provided to them; and (2) describe the means of transport and personal protective equipment available to inspection staff for the performance of their duties. In this regard, the Committee notes the information provided by the Government: (i) on the training given during 2018 in the field of OSH (including the number of training courses completed and the number of participants, with their job titles), and on the certification issued to public servants in the STPS (including in OSH in coal mines); and (ii) that emphasis is being placed on appropriate measures to ensure that the resources allocated to the STPS are used and distributed such as to guarantee the provision of more and better benefits and working tools to inspectors.

The Committee notes that the SNTCPF alleges inadequate working conditions for staff in the sub-delegation of the STPS in Coahuila State, which serves a highly critical coal-producing region. The SNTCPF states that the number of personnel and the vehicles assigned to them are insufficient, that the work spaces are inadequate, and that the inspectors lack the necessary safety equipment (self-rescue equipment) to go down the mines and therefore, for all the above reasons, the budget allocated to the sub-delegation in question should be increased. While taking note of the training courses for inspectors carried out in 2018, the Committee requests the Government to continue taking measures to provide inspectors with continuous training in the areas required by their activities. The Committee requests the Government to provide information on the specific resources at the disposal of the said personnel for the exercise of their functions, with particular reference to the sub-delegation of the STPS in Coahuila State, which is part of the labour administration system.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the National Union of Workers of the Federal Roads and Bridges Access and Related Services (SNTCPF), received on 1 September 2014 and 1 September 2015.

The Committee notes that the SNTCPF highlights the need for health and safety regulations concerning firedamp in the extraction of coal, shale gas, natural gas and oil. The Committee requests the Government to provide its observations in this regard.

Articles 5 and 6 of the Convention. Consultations with the social partners. The Committee notes the Government’s indication in its report that the 2014 Inspection Programme envisaged the coordination of action between employers, trade unions and workplace safety and health committees. The Committee requests the Government to provide information on the action taken and the results achieved, in light of the objective pursued.

Article 10. Increase in the number of inspection posts. In its previous comments, the Committee noted that the federal budget for 2012 authorized the creation of 400 new posts for federal inspectors and that the Coahuila coalmining region, which had ten inspectors in 2010, now has 25. The Committee requested the Government 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), their number and geographical distribution and their areas of specialization. The Government indicates that: (i) the state of Coahuila currently has ten local labour inspectors; (ii) there are a total of 946 federal inspectors at national level, of whom 47 are assigned to the Federal Labour Delegation in the state of Coahuila; (iii) the 2014 Inspection Programme aims to increase the coverage and effectiveness of labour inspection and of labour inspectors. With regard to experts (personal dictaminador), the Government indicates that their duties include recording and examining the information received and produced for the preparation of the relevant reports; providing support for telephone, personal and written advisory services; cooperating with the groups responsible for drafting and amending official Mexican standards (NOM); participating in the evaluation of the technical competencies of the inspection units; participating in the implementation of alternative means of inspection; analysing the content of occupational safety and health (OSH) studies; and formulating replies for workplaces. The Government adds that the position of expert (dictaminador) does not require any specialization, and that it does not have information on the geographical distribution of these experts. The Committee requests the Government to provide information on any measures adopted in practice to increase the number of labour inspectors responsible for supervising OSH conditions in the mining sector.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the National Union of Workers of the Federal Roads and Bridges Access and Related Services (SNTCPF), received on 1 September 2014 and 1 September 2015. It also notes the observations of the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) communicated with the Government’s report.

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 send information on the impact of the initiative to strengthen the labour inspection system as part of the system of labour administration, including on the establishment of a directory of mining enterprises covering subcontracted enterprises and the development of an electronic information system (SAPI) for the conduct, follow-up and oversight of inspection visits. The Committee notes with interest the Government’s indication in its report that, as a result of the establishment of the labour secretariat in the state of Coahuila in 2011, the inspection activities in that state have increased significantly and the number of inspections carried out rose from 101 in 2011 to 1,101 in 2014. The Government also indicates that: (i) the reform of the Federal Labour Act in November 2012, the introduction of the general regulations on labour inspection and the application of sanctions in 2014, the development of the Work Declaration (DECLARALAB), and the implementation of the inspection programme in 2014 have contributed to the strengthening of the labour inspection system; (ii) the Federal Labour Act empowers labour inspectors to restrict access or limit operations in areas of risk in the event of imminent danger; (iii) the new inspection regulations standardize inspection criteria throughout the country; empower the so-called labour authorities to monitor enterprises that follow alternative inspection procedures so as to verify the situations noted by the labour inspectors; the regulations provide for the concept of an inspection programme to be developed with the participation of the employers and workers; and they provide for guidance and advisory visits; (iv) through the DECLARALAB electronic tool, enterprises can carry out a self-evaluation, the results of which form the basis of concrete commitments to strengthen compliance with occupational safety and health (OSH) legislation and, on the basis of these commitments, inspection visits are conducted to provide technical assistance and advice, and to establish corrective or preventive measures to remove risk factors; (v) it continues to monitor the inspectors’ activities, within the framework of which 93 visits to federal labour delegations and their sub-delegations were carried out between December 2012 and July 2013; and (vi) the national OSH consultative committee assisted in the conclusion of agreements to amend the official Mexican standards (NOM) and in the decisions relating to 12 applications for alternative procedures.

The SNTCPF highlights the insufficiency and inefficiency of the coordination between the state secretariats involved in joint labour inspections, as well as the ineffectiveness of the penalties imposed in the mining sector.

The Committee welcomes the described measures adopted by the Government to strengthen the labour inspection system. The Committee requests the Government to provide information on any progress made relating to the establishment directory of mining enterprises and on any measures adopted to improve coordination between the state secretariats involved in inspections, with a view to increasing the effectiveness of inspection visits.

Article 10. Human resources and material means made available to the labour inspectorate as part of the labour administration system. Training of inspectors. In its previous comments, the Committee requested the Government to provide further details on the certification available for inspectors by the Ministry of Labour and Social Welfare in relation to the competency standard of “Monitoring observance of occupational safety and health standards”. The Committee notes that the SNTCPF refers in its observations the lack of training for labour inspectors. The Committee notes with interest the information from the Government that between December 2012 and July 2013, 26 training courses on labour standards were organized, including the procedures for restricting access and limiting operations in workplaces, and the Official Standard NOM-032-STPS 2008, in which 1,357 officials concerned with inspection procedures participated. Furthermore, 30 training courses on labour standards were provided in 2014, which covered, for example, NOM-032-STPS 2008, SAPI and the system for reporting OSH conditions. With respect to the qualifications for inspectors, the Committee notes two competency standards: EC0397 and EC0391. The Committee welcomes the fact that EC0397 relates to the enforcement of OSH standards and EC0391 relates to the monitoring of the safety and health conditions in workplaces. The Committee requests the Government to continue to provide information on the training offered to labour inspectors, particularly on OSH in mines, and the certification provided to labour inspectors.

Material means. The SNTCPF mentions the inadequacy of the annual budget allocation for labour inspection in the coalmining regions, and in particular the budget for inspectors’ personal safety equipment and expenses for their work-related travel. The Committee notes the Government’s indication that as of March 2014 petrol vouchers were given to all inspectors. The Committee once again requests the Government to describe the means of transport and personal safety equipment available to inspection staff for the performance of their duties, particularly in underground coalmines and “pocitos”.

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

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

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.]

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 10 of the Convention. Suitably qualified staff for the labour administration system. The Committee notes the information on the application of the Act on Professional Career Service in the Federal Public Administration of 3 April 2003. It notes with interest the information that between 2007 and June 2010, 28,631 competitive exams were sat in the Federal Public Administration of which 15,593 resulted in appointments, 10,722 were unsuccessful and 2,316 were still being processed in September of the same year. It also notes with interest that the percentage of career public servants whose performance appraisals showed outstanding results was very high in 2006 and 2007. Noting that in the subsystem for entry to the service, one of the most important measures taken by the Ministry of Labour and Social Welfare prior to July 2009 was the replacement of the management capacities required for labour inspectors with other occupational skills, the Committee requests the Government to provide information on these skills and the manner in which they are assessed.

Part IV of the report form. The Committee asks the Government to provide copies or extracts of periodical reports submitted by the main departments of the labour administration system, together with information on any practical difficulties met in applying the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee takes note of the Government’s report received on 14 September 2010. It also notes the comments from the National Union of Workers of “Caminos y Puentes Federales de Ingresos y Servicios Conexos” dated 20 May 2010 and the Government’s reply thereto dated 10 October 2011, as well as the new comments by the same trade union dated 30 August 2011, received at the Office on 2 September 2011 and sent to the Government on 27 September. The Committee requests the Government to make any comment it considers appropriate in relation to the last comments made by the trade union organization.

Follow-up to the recommendations of the tripartite committee (representation under article 24 of the ILO Constitution). With reference to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes that in the recommendations adopted on March 2009 by the Governing Body on the representation made under article 24 of the ILO Constitution concerning an industrial accident that occurred at the Pasta de Conchos mine in February 2006, 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 Paragraph 26(1) thereof, and to review the potential the Labour Inspection Convention, 1947 (No. 81), affords in terms of support for the measures the Government is taking in order to improve 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 notes that the National Union of Workers of “Caminos y Puentes Federales de Ingresos y Servicios Conexos” alleges non-compliance by the Government of Mexico with the tripartite committee’s recommendations. It indicates that:

• (i) the Government has promoted through the National Advisory Committee on Occupational Safety and Health the transfer of its labour inspection responsibilities to enterprises through the Occupational Safety and Health Self-Management Programme, and the replacement of occupational safety and health inspection visits conducted by public servants, with external audits carried out by private enterprises;
• (ii) the Government has refused to include the organization of the families of the workers who died in the Pasta de Conchos mine in discussions on the measures to be implemented in order to comply with the tripartite committee’s recommendations;
• (iii) there is no reliable database to consult in order to ascertain the total number of legal, illegal and clandestine mines in the coalfield; this precludes the formulation of any suitable public policies and is a disincentive to proper application of the legislation on coalmining; although Mexican Official Standard NOM-032-STPS-2008 on safety in underground coalmines applies throughout the national territory to all underground mines carrying on activities relating to the extraction of coal, and hence to so-called pocitos (small mines), the oldest and most dangerous form of coalmine in the region, which operate in clandestinity, the Government makes no mention of them in the information supplied;
• (iv) the adoption of NOM-032-STPS-2008 has not secured any change in the region and the fines imposed are not sufficiently dissuasive. Furthermore, the measures taken by inspectors are frequently ignored (as examples the National Union cites the Ferber mine, where a miner died while the closure order was in force, and the Lulú mine, which was closed following the death of two miners but the workers were not so informed);
• (v) enterprises give false information to the STPS inspectors, who fail to verify it; the National Union advocates publishing inspectors’ reports, orders and verifications on the relevant official website;
• (vi) the workers receive no training for the work they perform and are unaware of the new NOM-032-STPS-2008.

The Government, for its part, states that:

• (i) the labour inspectorate has been strengthened through training, supervisory and control measures and dissemination of the inspectorate’s work; as well as the creation of a self-evaluation culture through the provision of advice and guidance to employers on the most effective means of complying with labour law especially the legislation on occupational safety and health, and the imposition of adequate penalties on offenders;
• (ii) the Directorate-General of the Federal Labour Inspectorate supervises the performance of inspection duties by the federal labour delegations as regards administrative and operational aspects of their work (running of databases, conduct of inspection visits, linkage with alternate inspection programmes, analysis and assessment of reports), through visits to labour delegations, subdelegations and federal officers for the purposes of technical assistance, supervision and monitoring and evaluation, to ensure that they perform their duties in accordance with the guidelines issued (between December 2006 and July 2010, 144 assistance visits were conducted);
• (iii) the Directorate-General of the Federal Labour Inspectorate and the federal labour delegations supervise the work of labour inspectors in order to reduce and avoid any corruption in the inspectorate (between December 2006 and July 2010, the Directorate-General of the Federal Labour Inspectorate carried out 164 such visits and the federal labour delegations, 4,242);
• (iv) the Federal Labour Inspectorate has implemented a strategy to ensure better monitoring of compliance with its recommendations, in order to secure compliance by all medium-sized and large mining enterprises engaged in the extraction of coal with the occupational safety and health regulations and thus avert risks; remedial measures are also applied. The strategy consists of two procedures, one of which applies if the federal labour inspector detects conditions hazardous to the health, physical integrity and life of the workers and the other, if the inspector detects shortcomings that involve no immediate risk but that must be remedied;
• (v) the Federal Government has held specific meetings with the Pasta de Conchos Family Organization and the families of the miners who were killed in the Pasta de Conchos mine during 2007 and 2011, in order to guarantee the respect of their rights and discuss and examine a possible recovery of the bodies of the victims;
• (vi) in agreement with the trade unions and organizations of employers, there have been efforts to strengthen the occupational safety and health committees in the workplaces covered by the Federal Inspectorate;
• (vii) in order to monitor and promote the application of Mexican Official Standard NOM-032-STPS-2008, awareness-raising action about safety in underground coalmines was carried out and a course organized for federal labour inspectors and coal producers.
• (viii) the differences in the number of mines recognized by various public institutions are due to the fact that each one of them has information depending on the functions it carries out. Thus, the information coming from the Secretariat of Labour and Social Security (STPS) refers to the number of workplaces and does not necessarily coincide with the information established by the Secretariat for the Economy which has at its disposal information mainly on the number of mining concessions. The database of the STPS contains data obtained through labour inspectors having carried out inspection visits, as well as information exchanged with institutions like the Secretariat for the Economy, the National Institute of Statistics and Geography (INEGI) and the Mexican Institute of Social Security (IMSS). The INEGI and the Secretariat of the Economy transmitted information to the Directorate-General for Inspection with regard to mining concessions in force in September 2010 in order to update the registries relevant to this economic sector;
• (ix) with regard to the registry of illegal mines, the labour authority has at its disposal, since March 2010, the so-called GeoInfoMex System of the Geological Service which through satellite images allows for the identification of any mine including the pocitos (small mines). This tool has allowed for the identification in May 2011 of the existence of 563 vertical drills, 297 of which were active and will be subsequently inspected;
• (x) the Consultative State Subcommittee for Occupational Safety and Health carried out important activities like the promotion of training of inspection staff on the basis of the NOM-032-STPS-2008, the elaboration of needs assessments in the area of occupational safety and health in the carbon producing region of Coahuila with a view to giving priority to implementation plans, programmes and actions, the promotion through the National Institution for Adult Education of basic education for miners in order to enable them to make the most of the training provided by employers and the support by the IMSS to mining enterprises in carrying out risk assessments including statistical analyses, etc.; and
• (xi) the issuance of the Mexican Official Standard NOM-032-STPS-2008 constitutes progress for the prevention of future accidents and the Government has taken measures in order to increase the amounts of pecuniary sanctions through the Bill on labour law reform of 18 March 2010, which is under examination by Congress.

Taking note of the measures adopted for the development, in collaboration with other organizations and public institutions, of reliable databases which allow, among other things, to calculate the total number of mines, including the pocitos (small mines), the Committee requests the Government to continue providing information on the measures adopted or envisaged in order to strengthen the coordination of the labour inspection system as part of the labour administration system (Article 4 of the Convention) and ensure that the geographical distribution of the inspection services in relation to the needs of the various areas.

The Committee would be grateful, in particular, if the Government would provide statistical information (annual report) on the inspection activities conducted in the mining sector and especially in coalmines, for the purpose of monitoring application of the provisions set forth in NOM-032-STPS-2008, specifying the number of mines visited among the 297 identified as liable to inspection (indicating as far as possible the inspections carried out in the so called “pocitos”), the number and nature of contraventions found and the penalties imposed as well as the preventive measures with immediate effect ordered by labour inspectors and finally, the number of industrial accidents and cases of occupational disease in the carbon mining sector (Paragraphs 20 and 25(2) of Recommendation No. 158).

The Committee also asks the Government to continue to take steps, in consultation with the social partners, including the organization of the families of the miners who lost their lives at the Pasta de Conchos mine, to monitor closely the organization and efficient running of the labour inspection system as part of the labour administration system (Article 5 of the Convention).

In particular, the Committee would also be grateful if the Government would send information on the measures adopted or envisaged to enhance the independence of inspectors as part of the staff of the labour administration system (Article 10) and to provide adequate human and material resources for the effective performance of inspectors’ duties (Paragraph 26(1) and (2)(a) and (b) of Recommendation No. 158).

With regard to Article 5 of the Convention, the Committee would be grateful if the Government would give an account of how the consultations held in the National Advisory Committee on Occupational Safety and Health and the strengthening of the occupational safety and health committees in enterprises have affected the operation of the labour inspectorate, particularly in the coalmining sector. Taking note moreover of the carrying out by the Consultative State Subcommittee for Occupational Safety and Health of training activities for inspectors as well as needs assessments, the Committee requests the Government to communicate details on these activities and their effects as well as the annual report on the activities of this subcommittee, if available.

Lastly, observing that the Government provides no information at all on the possible ratification of Convention No. 81, in response to the request of the tripartite committee, the Committee urges the Government to examine, in consultation with the employers’ organizations and trade unions, the potential of Convention No. 81 to support the measures being adopted to reinforce application of its legislation on occupational safety and health in mines. It trusts that the Government will take the necessary steps to carry out such consultations and that it will be in a position to provide information promptly on the results.

The Committee expects that the labour law reform will take into account the need to strengthen the labour inspection system in line with the recommendation of the tripartite committee and reminds the Government that it may avail itself of technical assistance from the Office.

The Committee also refers the Government to its comments under Occupational Safety and Health Convention, 1981 (No. 155).

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

[The Government is asked to reply in detail to the present comments in 2012.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Referring also to its observation, the Committee asks the Government to provide further information on the following points.

Article 10 of the Convention. Labour administration means of action. The Committee notes that the Act of 3 April 2003 defines the principles for the organization, operation and development of careers in the central federal public administration. The mechanism developed aims to ensure the equality of opportunity to access the public service on the basis of merit and for the benefit of society. The Committee would be grateful if the Government would provide detailed information on the impact that this Act has, in quantitative and qualitative terms, on the staff of the labour administration system.

Part IV of the report form. Noting that the last report received on the activities of the Secretariat for Labour and Social Insurance covered the years 1988 and 1989, the Committee would be grateful if the Government would provide a copy or extracts of the most recent report concerning the activities of the principal labour administration services.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report for the period ending 30 May 2005, submitted in response to its previous comments. It also notes the Act of 3 April 2003 on careers in the federal public administration and the regulations of 31 March 2004 issued for its implementation. The Committee also notes the statistics tables concerning: (i) occupational training activities; (ii) the awarding of grants during the 1999-2004 period; (iii) collective agreements negotiated in different branches of activity; (iv) collective labour disputes; and (v) complaints received by the labour administration services and advice given between 1999 and 2005.

1. Articles 5 and 6, paragraph 2(c), of the Convention. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers or employers’ and workers’ representatives. In reference to its previous comments, the Committee notes the Government’s indications that the national development plan is drawn up by the federal executive power on the basis of considerations, proposals and requests put forward by citizens and social groups within the framework of public consultations and, in the field of labour, on the basis of the results of consultations with employers and workers held by the Secretariat for Labour and Social Insurance with a view to the promotion of new jobs, the improvement of the working environment, so as to increase the productivity of enterprises, and the development of training for workers. The Committee notes with interest that the Government maintains a permanent dialogue with numerous workers’ organizations, as well as with representatives of workers in the public and private sectors of all branches of economic activity (Confederation of Workers of Mexico, Revolutionary Confederation of Workers and Farmers, Trade Union Association of Pilots of Mexico, Trade Union Federation of State Employees, Trade Union of Oil Workers, Chemical Industry Workers and Television Workers, etc.), on specific problems and on activities relating to trade unions, labour justice, occupational training, and occupational safety and hygiene. The Committee is also interested to note that the bodies responsible for workers’ housing, wage protection, conciliation and arbitration, and occupational safety, hygiene and health, work in collaboration with the social partners both at national and federated state level (National Joint Committee on Wage Protection, Federal Conciliation and Arbitration Council, local conciliation and arbitration councils, safety and hygiene advisory committees of different states, Council for Dialogue with the Productive Sectors, etc.).

2. Part V of the report form. The Committee is interested to note the activities undertaken in collaboration with the ILO between 2001 and 2005, in particular the preparation of a study on working days and the organization of work in Mexico, conciliation and mediation training, the launching, in 2004, of a project to strengthen institutional mechanisms of social dialogue, the carrying out of an audit on the effectiveness of local conciliation and arbitration councils, and the implementation of a project on methods for assessing occupational safety policies. The Committee would be grateful if the Government would keep the ILO informed of the impact of the abovementioned activities on the functioning of the labour administration system and on the results achieved with regard to objectives.

The Committee is addressing a request directly to the Government on a number of points.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the Government’s report for the period ending on 30 June 1999 and the attached documentation. According to the Government, the Confederation of Employers (CONCAMIN) states that it participated, together with the Secretariat of Labour and Social Protection and local authorities, in organizing activities related to the national employment policy, and in setting up several councils and committees on training, occupational safety and health, minimum wage fixing and workers’ share in company earnings. CONCAMIN indicates that it also participated in setting up programmes for the improvement of personnel training and company productivity (CIMO and PROBECAT). The Committee notes from the Government’s report that, according to the view of the Confederation of Mexican Workers (CTM), the Secretariat of Labour and Social Welfare (STPS) has sole competence for the Convention, which would seem to suggest that workers are not called on to cooperate in its application. The Committee points out to the Government that the involvement of the social partners in the system of labour administration should not be merely fortuitous and that, pursuant to Article 5 of the Convention, arrangements must be made to secure consultation, cooperation and negotiation between the public authorities and the social partners. Article 6(2)(c) further specifies that the competent bodies within the system of labour administration should, amongst other things, make their services available to employers and workers with a view to promoting, at national, regional and local levels as well as at the level of the different sectors of economic activity, effective consultation and cooperation between public authorities and bodies and employers’ and workers’ organizations and between such organizations. The Committee would be grateful if the Government would indicate how the participation of workers’ and employers’ organizations is promoted by the competent bodies of the labour administration system.