Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

With reference to its observation, the Committee requests the Government to supply information on the following points.

Articles 4 and 7 of the Convention. National policy and reviews, either overall or in respect of particular areas. The Committee refers to its comments on these matters in its observation and also notes the Government’s reference in its report to various activities which it has undertaken, for example, Project VII “Promoting specialized technical training in occupational safety and health”. The Committee requests the Government to provide information not just on activities but rather on the conclusions of the review of national policy, the problems identified and areas where improvement is needed to give full effect in law and in practice to the provisions of the Convention, and the objectives stated. The Committee notes the information supplied by the Government and requests it to continue to supply information on the application of this Article. The Government is also requested to indicate whether there are any sectoral tripartite bodies which participate in these examinations and indicate the manner in which sectoral examinations are harmonized so as to result in a coherent national policy.

Articles 13 and 19(f). Protection of workers who interrupt work situations presenting an imminent and serious danger. With reference to its observation, the Committee recalls that in its observation of 2000, it noted the court decision establishing case law relating to the right of workers to be protected when they withdraw on justifiable grounds from their place of work because they consider that there is an imminent and serious danger to their life or health (Articles 13 and 19(f) of the Convention). In its report of 1999 the Government stated that, with regard to providing information on any legal precedent, administrative circular or interpretation of legal doctrine which guarantees and clarifies the right of workers to be protected from undue consequences, should they deem it necessary to interrupt a work situation which presents an imminent and serious danger to their life or health, the Federal Labour Act establishes in general, in section 51(7) and section 133(VII), the rights of workers to be protected from undue consequences, should they deem it necessary to interrupt a work situation which presents an imminent and serious danger to their life and health (...), and attached examples of case law to this effect. The Committee requests the Government to indicate whether this statement continues to apply, namely that Mexico actually ensures the application of Article 13 in all the sectors covered by the Convention, as stated by the Government in 1999.

Article 15. Coherence and coordination. With reference to its previous comments, the Committee notes the remedial measures described by the Government. It also notes that, in order to respond to the requests and inadequacies in occupational safety and health (OSH), eight projects were established, including: (1) establishment of a national OSH system; (2) modernization of the regulatory framework for OSH; (3) enhancing self-management programmes for OSH; (4) development of the national information system relating to occupational accidents and diseases, strengthening of consultation and risk prevention mechanisms, financing of occupational risk prevention; and (5) promotion of specialized technical training in OSH. The Government also announces the following measures with respect to labour inspection: preparation of preliminary draft regulations for inspection and the imposition of penalties, greater participation of the state authorities in the enforcement of obligations, specialization of federal labour inspectors, promotion of the signature of Conventions in coordination with the federative entities for OSH. The Committee requests the Government to supply information on the evaluation and impact of the aforementioned projects and activities and the manner in which they contribute towards giving effect to this Article.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the Government’s indication that effect is not given to this Article in the legislation and that, in the event that various employers or enterprises coexist or engage in activities at one workplace, each one is directly responsible for complying with OSH provisions. The Government indicates that it considers that, in common areas of the workplace where several employers are active, the latter must agree on the form in which they will comply with the applicable provisions. The Committee points out that this collaboration is precisely what the Convention regulates and that it is not an optional matter but an obligation under this Article. The Committee requests the Government to take the necessary steps to ensure that effect is given to this Article of the Convention and to ensure that the competent authorities prescribe general procedures for this collaboration, since it is compulsory, in accordance with Paragraph 11 of the Occupational Safety and Health Recommendation, 1981 (No. 164), and to supply information in this respect.