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A Diagram of Mexican
Labor - Health and Safety
Mexican law is codified - absent is the bewildering
maze of competing State and Federal regulations for
Health and Safety that manufacturers in the U.S.
have to contend with.
FEDERAL LABOR LAW - (Ley
Federal Del Trabajo (reformed Dec. 1, 2012)
There is one Labor Law in Mexico; the Federal
Labor Law (Ley Federal del Trabajo or LFT) is based
on Article 123 of the Constitution of 1917 and is
the direct response to the labor abuses that were
one of the principal causes of the Mexican
Revolution. Labor is the responsibility of the
Secretary of Labor and Social Welfare (Secretaría
del Trabajo y Previsión Social - STPS).
LAW OF ALIMENTARY ASSISTANCE FOR WORKERS
–
published in the
DOF Jan. 17, 2011
There are several Regulations of the Federal Labor
Law. The Regulation for Occupational Safety, Health,
and Environment (RFSHMAT) based on LFT Article 133,
and the Regulation for the Inspection and
Application of Sanctions for Violations of Labor
Legislation, based on LFT Articles 550, 992, 1008,
1009.
The NOMs (Normas Oficiales Mexicanas - Official
Mexican Standards) detail the procedures and formats
for the different sections of the RFSHMAT.
In other words, the RFSHMAT is the outline for
Health and Safety in the workplace and the NOMs are
the rules and procedures for compliance. These NOMs
are NOM-STPS. The NOM classification is, as in the
example that follows:
STPS = Secretaría del Trabajo y Previsión Social =
Secretary of Labor and Social Welfare which is
responsible for Labor, Health and Safety.
There is one Labor Law in Mexico; the Federal
Labor Law (Ley Federal del Trabajo or LFT) is based
on Article 123 of the Constitution of 1917 and is
the direct response to the labor abuses that were
one of the principal causes of the Mexican
Revolution. Labor is the responsibility of the
Secretary of Labor and Social Welfare (Secretaría
del Trabajo y Previsión Social - STPS).
REGULATION - Regulations are based on a Law or Laws
and are created by the Secretary responsible for the
Law. In labor legislation the STPS creates the labor
Regulations.
There are 3 Regulations of the Federal Labor Law.
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The Federal Regulation for
Health, Safety, and the Work Environment --
RFSHMAT
The objective of
the Regulation for Health and Safety is the
establishing of the measures necessary for
prevention of accidents and illnesses on the
job, and its stated aim is achieving work being
performed under conditions of safety, health and
adequate environment for the workers.
The Regulation defines the responsibilities of
Employers and employees and serves as the
outline for Health and Safety – each one of the
Chapters is detailed in the NOMs (STPS) with
procedures, programs, documentation, tests, and
verification required in a Health and Safety
program that is compliant. The Regulation is the
outline for your Health and Safety program, the
NOMs are the details
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General Regulation for the
Inspection and Application of Sanctions for
Violations of Labor Legislation (1998)
This Regulation details the amounts and
procedures for implementing fines and sanctions
for non-compliance to the Regulation for Health
and Safety and the Health and Safety NOMs.
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Regulation of Articles 121 and 122 of the
Federal Labor Law
This is
a short Regulation that regulates the rights of
workers for formulate an objection to the Tax
declaration of a company by which profit sharing
is calculated. Articles 121 and 122 are the
Articles of the Labor Law which state that
workers can file an objection to the Annual tax
declaration of companies. This regulation is
important to review with Chapter VIII of the
Labor Law which has to do with Profit Sharing.
A
NOM
(= Norma Oficial Mexicana = Official Mexican
Standard) have the force of Law. They are created by
the DGN (= Dirección General de Normas) which is
under the authority of the Secretary of Economy (Secretaría
de Economía = formerly known as SECOFI) The DGN
creates National Consultative Committees integrated
by experts, both government and private sector who
create NOMs or Standards based on the Laws, and
Regulations. The NOMs provide you with the details
of compliance, procedures, programs, permits. Each
NOM has a designation based on the Secretary
responsible for oversight of compliance. Example:
NOM-005-STPS-1998 is a Health and Safety standard.
All Health and Safety Standards have a different
number but the same "STPS" designation.
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NOM-005-STPS-1998
NOM
= Norma Oficial Mexicana = Official
Mexican Standard
005
= the number of this NOM
STPS
= Secretaría de
Trabajo y Previsión Social
Secretary of Labor
and Social Welfare
1998
=
The year this NOM was
published in the DOF
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DOF = Diario Oficial de la Federación = Official
Daily of the Federation |
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NOM-001-STPS-2008,
Buildings, locales, installations and workplace
areas – Safety Conditions. |
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RFSHMAT Art 19. |
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NOM-002-STPS-2010, Safety
conditions – Fire prevention and protection in the workplace.
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RFSHMAT Art. 26 |
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NOM-003-STPS-1999, Agricultural activities – |
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RFSHMAT Art. 3, 4 |
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NOM-004-STPS-1999,
Protection
Systems And Safety Devices For Machinery And Equipment Used In The Workplaces |
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RFSHMAT Art. 29 |
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NOM-005-STPS-1998,
Handling, Transport, And Warehousing Of Hazardous Chemical Substances. |
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RFSHMAT Art. 54 |
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NOM-006-STPS-2000,
Handling And Warehousing Of Materials- Safety Procedures And Conditions |
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RFSHMAT Art. 3, 5,
22 |
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NOM-007-STPS-2000, Agricultural activities –Installations, machinery,
equipment, and tools – Safety conditions |
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RFSHMAT Art. 3, 4 |
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NOM-008-STPS-2001, Activities of best utilization of timber yielding
forests and sawmills – Conditions of safety and health. |
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RFSHMAT 4, 17 sections
III, V, VII, XIII |
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NOM-009-STPS-2011,
Safety conditions for working at heights. Published
in the DOF May 6, 2011 – effective Aug. 6, 2011 |
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RFSHMAT Art. 35 |
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NOM-010-STPS-1999, Health And Safety Conditions In The Workplace Where
Chemical Substances Capable Of Generating Contamination In The Labor Environment
Are Handled, Transported, Processed, Or Stored |
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RFSHMATArt 3, 4, and of 54 – 72 |
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NOM-011-STPS-2001,
Noise In The Workplace |
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RFSHMAT Art. 76 |
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NOM-012-STPS-2012,
HEALTH AND SAFETY
CONDITIONS IN THE WORKPLACES WHERE SOURCES OF IONIZING RADIATION ARE HANDLED.
Published in
the DOF on October 30, 2012 and takes effect Feb. 2013 |
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RFSHMAT 3, 4, 79 and 81 |
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NOM-013-STPS-1993. Relative to the health and safety conditions in
the workplaces where non-ionizing electromagnetic radiations are generated. |
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RFSHMAT2, 3 and 5 |
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NOM-014-STPS-2000, Labor exposure to abnormal environmental pressures –
Health and safety conditions. |
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RFSHMAT 3, 4, and 35 |
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NOM-015-STPS-2001,
December 14, 2002
Elevated or lowered thermal conditions |
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RFSHMAT Art. 93, 94 |
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NOM-016-STPS-2001, Operation and maintenance of railroads – Safety
and Health conditions. |
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RFSHMAT 4 and 17,
sections III, V, VII, and XIII |
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NOM-017-STPS-2008, Personal protective equipment –
Selection, use and handling in the work place. |
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RFSHMAT Art. 101 |
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NOM-018-STPS-2000,
System For The Identification And Communication Of Hazards And Risks For
Hazardous Chemical Substances In The Work Place. |
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RFSHMAT Art. 54 |
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NOM-019-STPS-2011,
Constitution, integration, organization
and operation of the Commissions of Health and Safety Published in the DOF on
April 13, 2011 |
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RFSHMAT Art. 123 |
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NOM-020-STPS-2011 Containers subject to pressure, cryogenic
containers and generators of steam or boilers – Operation – Safety Conditions
Published in the Official Daily of the Federation Dec. 27, 2011 - effective
June 27, 2012 modifications to this standard take
effect Dec. 1, 2012
IMPORTANT: AS OF DECEMBER 1, 2012 THE FOLLOWING
DOCUMENT MUST BE USED FOR THE APPLICATION FOR OPERATING PERMITS FROM THE STPS,
OR EXTENSION OF EXISTING OPERATING PERMITS
GUIDELINES of operation for the
granting of the operating authorizations of containers subject to pressure,
cryogenic containers and steam generators or boilers. |
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RFSHMAT Art. 28,
29 |
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NOM-021-STPS-1994,
Reporting
of accidents on the job. |
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RFSHMAT Art. 127 |
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NOM-022-STPS-2008, Static electricity in the workplace. Safety conditions.
Published in the DOF Nov. 7, 2008 – effective Jan. 7, 2009.
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RFSHMAT Art. 47 |
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NOM-023-STPS-2003 Work in mines – Occupational Health and Safety
conditions. |
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RFSHMAT
Art. 3, 4, 16, 150 to
154 |
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NOM-024-STPS-2001,
Vibrations in the Workplace |
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RFSHMAT Art. 76 |
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RFSHMAT Art. 76 |
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NOM-026-STPS-2008, Colors and signs for Health and Safety and identification
of risks from fluids conducted in pipes, - Published Nov. 25, 2008 - Effective
Jan 25, 2009- |
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RFSHMAT Art. 17,
24, 45 |
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NOM-027-STPS-2008, Welding and cutting. (welding,
cutting, confined spaces) PUBLISHED NOV. 6, 2008
- effective Jan. 7, 2009 |
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RFSHMAT Art. 40,
46 |
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NOM-028-STPS-2012,
System
for the administration of work – Safety in the
critical processes and equipment that handle hazardous chemical substances.
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RFSHMAT Art.
4, 7,
13, and 17, sections VII and XI,
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NOM-029-STPS-2011, Maintenance of electrical installations in the workplace
– Safety Conditions. Published in the Official Daily of the Federation Dec. 29,
2011 – effective date March 29, 2012 |
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RFSHMAT art. 4, 17, section I, and 47 to 49 |
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NOM-030-STPS-2009, Preventive services of occupational health and safety –
Functions and activities. Published in the DOF December 22, 2009 |
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RFSHMAT art 4, 17, sections X, 130 to 134, and 142 to 152 |
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NOM-100-STPS-1994, Safety – Pressure Contained Dry Chemical Powder Fire
Extinguishers – Specifications |
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RFSHMAT2, 3 and 5 |
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NOM-101-STPS-1994, Safety – chemical foam based extinguishers. |
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RFSHMAT 2, 3 and 5 |
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NOM-102-STPS-1994,
Safety – Carbon Dioxide Based Extinguishers- Part 1: Containers |
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RFSHMAT 2, 3 and 5 |
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NOM-103-STPS-1994,
Safety – pressurized water based fire extinguishers |
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RFSHMAT 2, 3 and 5 |
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NOM-104-STPS-2001 Takes effect June 17, 2002Extinguishing Agents –
Ammonium Monophosphate Based Dry Chemical Powder, Type ABC |
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RFSHMAT Art. 3, 4, 76-78 |
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NOM-106-STPS-1994,
Safety – Extinguishing
Agents – Type BC sodium bicarbonate based dry chemical powders |
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RFSHMAT 2,3 and 5 |
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NOM-113-STPS-2009,
Safety –
Personal Protective
equipment – Protective Footwear – Classification, specifications and testing
methods.
Published
in the DOF December 22, 2009 – Modification published in the DOF December 24,
2010
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RFSHMAT 2, 3 and 5 |
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NOM-115-STPS-2009, Safety- Personal protective equipment – Protective
helmets – Classification, specifications and testing methods.
Published in the DOF December 22, 2009 – Effective December 22, 2010 –
Modification published in the DOF December 24, 2010 – Articles 10.1.1 and 10.1.2
take effect after January 1, 2012. |
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RFSHMAT 2, 3 and 5 |
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NOM-116-STPS-2009,
Safety
– Personal protective equipment – Anti-noxious particulate negative pressure air
purifying respirators – Specifications and testing methods.
Published in the DOF December 22, 2009 – Effective date Dec. 22, 2010 –
Modification published in the DOF December 24, 2010 – effective Dec. 24, 2010 –
(The certification referred to in 8.11 and 8.12 takes effect January 1, 2012)
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RFSHMAT Art. 26-28 |
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ART. 2 Section I, paragraphs a) and d), 66, 1214, 1220 fraction I and 1226 of
the Regulation for the General Law for Health in Sanitary Control of Activities,
Establishments, Products and Services, |
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