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

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

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.