Decision on the 14th item on the agenda: Report of the Director-General Eighth Supplementary Report

Record of decisions | 08 July 2009

Eighth Supplementary Report: Report of the Committee set up to examine the representation alleging non-observance by the Government of Mexico of the Labour Administration Convention, 1978 (No. 150), the Occupational Safety and Health Convention, 1981 (No. 155), and the Chemicals Convention, 1990 (No. 170), made under article 24 of the ILO Constitution by the National Union of Federal Roads and Bridges Access and Related Services of Mexico, the Trade Union of Telephone Operators of the Republic of Mexico, the National Union of Metlife Workers, the Trade Union Association of Airline Pilots of Mexico, the United Trade Union of Workers in the Nuclear Industry, the Independent Union of Workers in the Automotive Industry, similar and related “Volkswagen of Mexico”, the Union of Workers of the National Autonomous University of Mexico, and the United National and Democratic Union of Workers of the National Bank for Foreign Trade

The Governing Body approved the report of the Committee and, in the light of the conclusions contained in paragraphs 57–98 of the report:

(a) invited the Director-General, when communicating the report to the Government of Mexico, to extend the Governing Body’s condolences to the members of the families of the 65 miners who lost their lives as a result of the Accident that occurred in Unit 8 of the Pasta de Conchos Mine in Coahuila in Mexico on 19 February 2006;

(b) invited the Government, in consultation with the social partners, to continue to take the necessary measures in order to:

(i) ensure full compliance with Convention No. 155, and, in particular, continue to review and periodically examine the situation as regards the safety and health of workers, in the manner provided for in Articles 4 and 7 of Convention No. 155, with particular attention given to hazardous work activities such as coalmining;

(ii) conclude and adopt the new regulatory framework for OSH in the coal mining industry, taking into account the Safety and Health in Mines Convention, 1995 (No. 176), and the ILO code of practice on safety and health in underground coalmines, 2006;

(iii) ensure, by all necessary means, the effective monitoring of the application in practice of laws and regulations on occupational safety and health and the working environment, through an adequate and appropriate system of labour inspection, in compliance with Article 9 of Convention No. 155, in order to reduce the risk that accidents such as the Accident in Pasta de Conchos occurs in the future;

(iv) 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);

(c) invited the Government to ensure, considering the time that has lapsed since the Accident, that adequate and effective compensation is paid, without further delay, to all the 65 families concerned and that adequate sanctions are imposed on those responsible for this Accident;

(d) invited the Government, in consultation with the social partners, 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;

(e) entrusted the Committee of Experts on the Application of Conventions and Recommendations with following up the questions raised in this report with respect to the application of the Labour Administration Convention, 1978 (No. 150), the Occupational Safety and Health Convention, 1981 (No. 155), and the Chemicals Convention, 1990 (No. 170); and

(f) decided to make the report of the Committee publicly available and closed the procedure initiated by the representation of the Complainants alleging non-observance by Mexico of the Labour Administration Convention, 1978 (No. 150), the Occupational Safety and Health Convention, 1981 (No. 155), and the Chemicals Convention, 1990 (No. 170).

(Document GB.304, paragraph 99.)