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Federal Regulation Of Occupational Health And Safety

Author:Counselors International Abogados
Profession:Counselors International Abogados
 
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On November 13, 2014, the Federal Regulation of Occupational Health and Safety at Work herein after called (the "Regulation"), was published in the Federal Official Gazette, and in effect as of February 13, 2015. Same abrogated the old Federal Regulation of Health, Safety and Work Environment of January 27, 1997.

Introduction

Society is immersing in constant changes whereby social and human relations are governed by labor activities and consequently those of Health and Safety. Change in technology; thinking manners; accessibility to media and electronic information, among others, does not permit us to stay still; therefore, society evolves, and consequently it is necessary to adapt the regulations that govern said relations with the purpose to maintain peace among individuals.

Regarding Labor, Health and Safety relations it is the work of the Ministry of Labor and Social Welfare ("STPS") to draft the mechanisms (Laws, Regulations, Standards, etcetera) through which said relations will be governed as well as to maintain same updated according to the necessities of the society as well as to inspect compliance of said laws with the purpose to guarantee the development of our country through the equilibrium of the production factors.

Derived from the above and as established in the Mexican Constitution, the Federal Labor Law ("LFT") and with the purpose to reach the objectives in the National Development Plan 2013 - 2018, this Regulation was published.

Purpose

This Regulation is public of order and social interest and of general observance in all of Mexico and aims to establish provisions in matter of Health and Safety at Work to be observed in the Workplace areas1, in order to: have the conditions that can prevent hazards and, guarantee the workers the right to perform their activities in environments that ensure their life and health, based on what the LFT outlines.

Jurisdiction and Inspection

The application and inspection of this Regulation is responsibility of STPS who will be aid by the labor authorities of the Federal Entities and the Federal District, with regards to activities under state jurisdiction.

Standardization in Occupational Health and Safety

STPS will issue Standards for the purpose of establishing provisions in matters of Occupational Health and Safety that avoid:

Risks that place in danger the life, physical integrity or the health of workers; and Adverse and substantial changes in the work environment, that affect or can affect the safety of workers or cause damages to the installations, machinery, equipment and materials of the Workplace. The STPS can issue specific Standards for Occupational Health and Safety, in the case of those areas (industrial, commercial or services) or economic activities with particular characteristics that merit a differentiated treatment or that have a major rate of Work Accidents, incapacities or deaths. Which are the Relevant Aspects of the Regulation?

The inclusion of new Concepts such as:

Unsafe Conditions.

Those that derive from the nonobservance or inattention to the procedures or safety measures established in this Regulation and the Standards, and that can lead to the occurrence of Occupational Incidents, Accidents and Illnesses or material damages to the Workplace.

Occupational Health and Safety Diagnosis at work.

The identification of unsafe or hazardous conditions; physical, chemical or biological agents or the ergonomic or psychosocial risk factors capable of modifying the conditions or the work environment; of the dangers surrounding the Workplace, as well as the legal requirements in matters of occupational health and safety that are applicable.

Favorable Organizational Environment.

That in which a filing of belonging to the organization among the workers; formation for the adequate performance of the tasks for which they are made responsible; the precise definition of responsibilities for the members of the organization; the proactive participation and communication among the members; the adequate distribution of work responsibilities, with regular labor shifts and the Evaluation and Review of performance is promoted.

Evaluation of Conformity.

The determination of the degree of compliance with the Standards.

Ergonomic Risk Factors.

Those that can imply physical stress, repetitive movements or forced postures in the work performed, with the consequent fatigue, errors, Occupational Accidents and Illness derived from the design of the installations, machinery, equipment, tools or job position.

Psychosocial Risk Factors.

Those that can cause anxiety disorders, non organic disorders of the sleep-wake cycle and serious stress and adaption disorders derived from the nature of the work position functions, the type of work shift and the exposure to severe traumatic events or acts of labor violence, from the work performed.

Workers with Disability.

Those that, for congenital reasons or by acquisition, present one or more deficiencies of physical, mental, intellectual or sensorial character, whether of a permanent or temporary nature.

Labor Violence.

Those acts of harassment, sexual harassment or bad treatment to the worker that can damage his/her integrity or health.

Which are the Employers Obligations?

Have an Occupational Health and Safety Diagnostic, as well as Studies and Analysis of Risk required by this Regulation and the corresponding Standards. Integrate an Occupational Health and Safety program based on the Occupational Health and Safety Diagnostic. To prepare specific programs, manuals and procedures, that orientate the performance of labor activities and processes under safe and emergency conditions. To promote the incorporation of Health and Safety Commission. To guarantee the rendering of the Preventive Services of Occupational Health and Safety at Work. To include in visible places of the Workplace the warnings or signs and colors to inform, warn and prevent Risks. To carry out the actions of assessment, evaluation and control of contaminants of the work environment, for the purpose of conserving the Environmental Conditions of the Workplace within the exposure limit values. Apply the Occupational Health and Safety measures stipulated in this Regulation and in the Standards. To order the application of medical examinations for Occupationally Exposed Personnel required by this Regulation and the Standards; To provide the workers with the personal protective equipment according to the risks to which they are exposed by their work. To inform the workers with respect to the Risks related to the activity they are carrying out. To qualify and train the workers on the prevention of Risks and the attention to emergencies. To qualify the personnel of the...

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