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

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) - Mexico (Ratification: 1974)

Article 2(3) of the Convention. Detailed statistics on occupational accidents. The Committee has been drawing the Government’s attention for a number of years to the need to ensure that the statistics concerning occupational accidents on board ships clearly indicate the department (for instance, deck, engine, or catering) and the area (for instance, at sea or in port) where these accidents occurred. In its last report, the Government indicates that national legislation does not contain detailed provisions covering these matters. In addition, the Government refers to certain general provisions of the Navigation and Maritime Commerce Act of 2006 concerning investigation of maritime accidents by the Ministry of Communications and Transport. The Committee requests once more the Government to take the necessary measures in order to give full effect to the specific requirements of this Article of the Convention. The Committee recalls, in this connection, that the same requirement is now reflected in Standard A4.3(5)(b) and Guideline B4.3.5(2) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 3. Research into general trends and hazards of maritime employment. The Committee understands that the Public Policy on Occupational Safety and Health 2007–12, adopted in April 2008 by the National Consultative Committee on Safety and Hygiene at Work, provides for the development of a national information system on occupational risks. The Committee would be grateful if the Government would provide further information on the implementation of the five-year plan with special reference to the maritime sector and any concrete measures addressing the particular hazards of maritime employment, as prescribed by the Convention.

Article 4(2) and (3)(d). Provisions concerning the prevention of occupational accidents. The Committee recalls its previous comment in which it requested clarifications with respect to the revision of the Crew Safety Manual. Despite the five years that have elapsed since this comment was made, the Government is still not in a position to indicate whether the Crew Safety Manual has been revised, or to transmit a copy of the revised text. The Committee accordingly renews its request for additional information in that regard.

Article 6(3) and (4). Enforcement measures. Recalling that the Convention requires all necessary steps to be taken to ensure that inspection and enforcement authorities are familiar with maritime employment and its practices, and also calls for copies or summaries of the legal provisions on accident prevention to be brought to the attention of seafarers (for instance, by display in a prominent position on board ship), the Committee requests the Government to specify how it is given effect to the requirements of this Article of the Convention.

Article 8. Programmes for the prevention of occupational accidents. In response to the comments made by the Mexican Confederation of Workers (CTM) regarding the absence of a national programme for the prevention of accidents on board vessels, the Government refers to the Public Policy on Occupational Safety and Health 2007–2012. The Government also refers to the Mexican Official Standard NOM-019-STPS-2004 on the establishment, organization and operation of safety and hygiene committees in workplaces. The Committee notes that these texts are of general application whereas the Convention calls for maritime-specific programmes to be established with the cooperation of shipowners’ and seafarers’ organizations. The Committee is therefore obliged to reiterate its request for concrete information concerning the formulation and implementation of programmes aimed at the prevention of occupational accidents to seafarers arising out, or in the course, of their employment.

Part V of the report form. Practical application. The Committee takes note of the statistical information provided by the Government in its report regarding the number of occupational accidents recorded in the maritime sector in the period 2005–09. The Committee would be grateful if the Government would continue to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, the number of seafarers covered by the relevant legislation, the number and nature of occupational maritime accidents reported, copies of official publications addressing accident prevention issues and detailed particulars on any campaign or initiative regarding the management of occupational safety and health on board ships.

Finally, the Committee recalls that the main provisions of the Convention have been incorporated in Regulation 4.3 and the corresponding Code of the MLC, 2006, and therefore compliance with Convention No. 134 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.