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Mexico's New Federal Regulation Of Occupational Health And Safety

Author:Mr Sergio Bustamante
Profession:Counselors International Abogados

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.

This New Regulations will impact the operation in the Mexican facilities since they are stricter for Employers to: a) have the conditions that can prevent hazard in the Workplace; and b) guaranty the workers their right to perform their activities in environments that ensure their life and health.

Within this New Regulations and corresponding NOMs, the amount of legal dispositions to be complied: i) Occupational Health Area are 107; ii) Safety Area are 168; and iii) Organization Provisions for both Occupational Health and Safety Areas are 62; therefore accounting for a total of 337 dispositions.

Mexico's New Federal Regulation of Occupational Health and Safety, effective throughout Mexico February 14, 2015, is of public order and social interest. It establishes provisions relative to workplace health and safety, to prevent hazards and to guarantee workers, within the framework of LFT, the right to perform their activities in environments that assure their life and health. Its application and enforcement oversight is responsibility of STPS, assisted for activities under state jurisdiction by the labor authorities of Mexico's states and the Federal District.

The Regulation introduces new concepts such as:

Assessment of workplace occupational health and safety, understood as identification of unsafe or hazardous conditions, physical, chemical or biological agents, and ergonomic or psychosocial risk factors affecting the conditions of the work environment and the associated dangers, as well as applicable legal requirements pertaining to occupational health and safety;

Favorable Organizational Environment, understood as a sense among workers of belonging to the organization, adequate training to perform their tasks appropriately...

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