Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Occupational Safety and Health Convention, 1981 (No. 155) - Mexico (Ratification: 1984)

Legislation. Further to its previous comments, the Committee notes the Government’s reference in its report to the adoption of Mexican Official Standard NOM-037-STPS-2023 on telework and occupational safety and health (OSH), further to discussions in the National Advisory Committee on OSH Standards. The Government also indicates that through the “Safe and healthy work environments programme (ELSSA)” specific guidelines were developed to help with the implementation of Mexican Official Standards NOM-035-STPS and NOM-036-STPS, relating, respectively, to psychosocial and ergonomic risk factors in the workplace. The Committee requests the Government to continue providing information on progress achieved in updating OSH standards.

Article 11(d) of the Convention. 1. Holding of inquiries. Further to its previous comments, the Committee notes the Government’s indication that the Mexican Social Security Institute has improved the identification of occupational diseases by: (i) reclassifying diseases that were classified as occupational accidents for administrative reasons as occupational diseases; and (ii) training medical personnel to identify probable cases of occupational disease and refer them to the occupational health services according to their type. In this regard, the Government points out that: (i) the correct identification of occupational diseases allows workers to have access to occupational risk insurance benefits, enables employers to establish preventive measures in the workplace, and ensures that diseases are reflected in the company’s accident rate premium; and (ii) the above actions have reduced under-reporting from 94 per cent in 2009 to 87.6 per cent in 2019, as well as increasing the detection of work-related cancer and mental illness. While noting this information, the Committee observes the lack of data on inquiries held further to the occurrence of occupational accidents, cases of occupational disease or any other injuries to health. The Committee requests the Government to provide information on inquiries conducted where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect serious situations, particularly with respect to the mining sector.

2. Update of the tables on occupational diseases. The Committee notes with interest that the Government reports on the update of the tables on occupational diseases and the assessment of permanent disabilities, through the decree reforming and adding to various provisions of the Federal Labour Act (LFT), published on 4 December 2023, as well as the publication of the inventory of documents for the assessment of occupational diseases, through the Decision of 30 April 2024. In this regard, the Government indicates that this update incorporates 88 new occupational diseases, including COVID-19, psychosocial diseases such as severe stress and anxiety disorders, and conditions specific to women such as pregnancy loss and endometriosis, and broadens the spectrum of work-related cancers. The Government also indicates that the tables and inventory will be reviewed at least every five years or when progress and advances in occupational medicine so require, in accordance with section 514 of the LFT. Furthermore, the Committee notes that the Autonomous Confederation of Workers and Employees of Mexico (CATEM) states in its observations that the update of the table of occupational diseases, which had not been revised for decades, constitutes one of the most important advances in OSH, as it incorporates a more detailed and specific approach, taking account of current medical and technological advances. The Committee also notes that, according to the Confederation of Employers of the Mexican Republic (COPARMEX), the OSH National Advisory Committee (COCONNASST) coordinated the tripartite review and update work, ensuring that the new tables are in line with global scientific advances, developments in occupational medicine and the current needs of the workforce. The Committee requests the Government, in the context of reviewing the national policy and situation relating to OSH and the working environment, to provide information on the update of the table of occupational diseases and the inventory of documents for the assessment of occupational diseases, in accordance with section 514 of the Federal Labour Act (LFT).

Article 17. Collaboration between two or more employers engaging in activities simultaneously at one workplace. In its previous comments, the Committee noted the repeal of section 15-C of the LFT, which provided that the enterprise awarding the contract must continually ensure that the contractor providing the services fulfils the applicable OSH provisions with respect to its workers. In this regard, the Committee notes that although the Government refers to the registration with the Ministry of Labour and Social Welfare of natural or legal persons that provide subcontracting services, under the revised section 15, it does not provide information on the obligation to collaborate established in Article 17 of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that, where two or more enterprises engage in activities simultaneously at one workplace, they collaborate in the application of the measures established in the Convention.