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MEXICANLAWS | |
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NEW LEGISLATION IN 2017 AND 2018
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STAYING UP TO DATE – During 2017 there has been a lot of preparation of new health and safety standards and modifications to existing standards. It is very important to be aware of the changes and stay up to date. If you have not reviewed or updated your program recently, you should take a look at what has occurred in 2017 and what will occur in 2018. This Bulletin contains a detailed breakdown of the publication of standards, projects and modifications published in 2017. The most notable changes are in the areas of Health and Safety, Environment, and Transportation. |
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CONTENTS OF THIS BULLETIN
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ERGONOMIC AND PSYCHOSOCIAL STANDARDS |
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The new Regulation for Occupational Health and Safety that took effect on February 13, 2015 establishes the requirement that all risk studies must include “Ergonomic” and “Psychosocial” elements. Risk studies are required for each job position and for each piece of machinery or equipment. Ergonomic and psychosocial elements must be included. The problem has been the lack of the requirements or details about how these elements are to be in included in your risk studies. Two Projects of Standards for those elements have been published for comments from the public in 2017. |
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| HOW ARE NOMS PREPARED? | ||
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NOMS or Official Mexican Standards are prepared by the DGN which is a technical department of the Secretary of Economy. A technical committee is formed with experts who prepare a standard and then publish it as project (PROY) in the DOF for an obligatory 60 calendar day period for comments from the public. Once the 60 period has passed, the comments are analyzed by the Committee and their Responses are published to each comment received and the reason for their acceptance or rejection. If accepted the recommendation in the comment is incorporated into the NOM. Some time after the responses are published, the definitive NOM is published and it takes effect according to the date established in the Transitional articles of the Standard.
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NEW PROJECTS AND CHANGES IN HEALTH AND SAFETY STANDARDS IN 2017 Subscribers can download the Standards that are updated and available |
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| FEBRUARY 21, 2017 | ||
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PROY-NOM-003-STPS-2016, Agricultural
activities – Occupational health and safety conditions.
The Project for this health and safety agricultural standard was first published in the DOF on Feb. 21, 2017 for its 60 calendar days public comments period. The responses to those comments were published in the DOF on Sept. 11, 2017 and additional responses were published Dec. 19, 2017. |
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| MARCH 25, 2017 | ||
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NOM-116-STPS-2009, Safety – Personal
protective equipment – Anti-noxious particulate negative pressure
air purifying respirators – Specifications and testing methods.
(Updated and available for download) This standard was originally published in the DOF December 22, 2009 and took effect on Dec. 22, 2010, a modification was published in the DOF December 24, 2010 and took effect on Dec. 24, 2010, A new Modification was published March 24, 2017 and took effect on March 25, 2017. |
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| MARCH 24, 2017 | ||
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NOM-020-STPS-2011 Containers subject to
pressure, cryogenic containers and generators of steam or boilers –
Operation – Safety Conditions
(Updated and available for download) NOM-020-STPS-2011 was Published in the Official Daily of the Federation on Dec. 27, 2011 and took effect on June 27, 2012. A modification was published March 24, 2017 and took effect on June 25, 2017. |
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| MAY 26, 2017 | ||
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PROY-NOM-035-STPS-2016, Psychosocial
risk factors – Identification and prevention This Project was published May 26, 2017 for its 60 day public comments period and the responses to the comments was published and the responses to the comments was published in the DOF on October 26, 2017. This Standard may be published as definitive at any time since the responses have already been published. |
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| JUNE 22, 2017 | ||
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PROY-NOM-005-STPS-2017, Handling of
hazardous chemical substances or their mixtures in the workplace –
Conditions and health and safety procedures. This Project was published in the DOF on June 22, 2017 for its 60 calendar day public comments period. The responses have not yet been published. Important change for storage of
chemical substances: Storage areas must have dykes or
containment walls that must be able to contain the nominal capacity
of stored substances and contain at least 1.25 times the nominal
capacity of the largest container when there are two or more
containers in the same area; |
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| SEPTEMBER 18, 2017 | ||
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NOM-006-STPS-2014, Handling and storage
of materials – Occupational Health and Safety conditions.
(Updated and available for download) A modification was published in Sept and in Dec. 2017 that limits the weight that pregnant women (10 kg), men (25 kg), women (15 kg) and minors (7 kg) can lift in the workplace and how this can be verified. Modification to articles 8.3, 8.6 and 13.3. |
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| AUGUST 11, 2017 | ||
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PROY-NOM-014-1-STPS-2017, Diving – Health and Safety Conditions. Labor exposure to pressures distinct from absolute atmospheric conditions. This diving standard Project was published for its comment period August 11, 2017 and the responses still have not been published. | |
| DECEMBER 26 2017 | ||
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PROY-NOM-006-STPS-2017, Handling and storage of materials – Occupational Health and Safety conditions. This new Project was published in the DOF on December 26, 2017 for its 60 day comment period and will replace the NOM-006-STPS-2014. |
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| JANUARY 03, 2018 | ||
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PROY-NOM-017-STPS-2017, Personal
protective equipment – Selection, use and handling in the work
place. This new Project was published January 03, 2018 for its
60 day comment period. |
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| JANUARY 03, 2018 | ||
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PROY-NOM-036-1-STPS-2017, Occupational
ergonomic risk factors – Identification, analysis, prevention and
control. Part 1 – Manual handling of loads. This new Project was published for its 60 calendar day public comments period on January 03, 2018.
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| OCTOBER 9, 2018 | ||
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NOM-018-STPS-2015, Harmonized System
for the identification and communication of hazards and risks from
hazardous chemical substances in the workplace. By October 9, 2018 all workplaces must adopt GHS (Globally Harmonized System for hazard communication. This means that signs, symbols, Safety Data Sheets, all must be compliant with the Standard by October 9, 2018. Published October 9, 2015,
clarification published November 11, 2015 – takes effect on
October 9, 2018 (translated and available for download) | (Updated
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NEW TRANSPORTATION STANDARD |
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| February 26, 2018 | ||
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NOM-012-SCT-2-2017, On the maximum
weight and dimensions with which the motor transport vehicles may
circulate that travel on the general routes of communication under
Federal jurisdiction This Standard was Published in the DOF on December 26, 2017 and takes effect on Feb. 26, 2018 This Standard cancels and replaces: NOM-012-SCT-2-2014, On the maximum weight and dimensions with which the motor transport vehicles can circulate that travel on the general routes of communication under Federal jurisdiction, published in the Official Daily of the Federation on November 14, 2014. (The new Standard has been translated and can be downloaded) |
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| ASEA – ENERGY STANDARDS | ||
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ASEA -
The Agency for Safety, Energy and Environment (La Agencia de
Seguridad, Energía y Ambiente) is a new administrative department of
SEMARNAT (Secretary of Environment and Natural Resources) which
regulates and supervises industrial safety, operative safety and the
protection of the environment with respect to activities in the
hydrocarbons sector. ASEA was created March 2, 2015. The criteria for the creation of this government agency responsible for regulating and supervising the installations and activities in the Hydrocarbons sector was established in the Transitional Article 19 of the Energy Reform What does ASEA regulate?
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| ASEA is working rapidly to create the standards required for regulating the oil drilling, natural gas, oil wells, drilling platforms, gasoline stations, pipelines, storage terminals, refineries, natural and LP gas. | ||
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ASEA
has published 3 definitive standards:
NOM-003-ASEA-2016, Distribution of natural gas and liquid petroleum gas in pipelines. Published in the DOF August 18, 2017 – takes effect Feb. 4, 2018
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NOM-005-ASEA-2016 Design, construction, operation and maintenance of Service stations for the storage and dispensing of diesel and gasoline. Published November 7, 2016 |
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NOM-010-ASEA-2016, Compressed natural gas (CNG). Minimum safety requirements for loading and discharging terminals of transportable storage modules and stations for supplying automotive vehicles. Published in the DOF on August 08, 2017 and will take effect on February 09, 2018 | |
| ASEA HAS ALSO PUBLISHED EMERGENCY STANDARDS AND PROJECTS OF STANDARDS | ||
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EMERGENCY STANDARDS are designated as
NOM-EM and by law they are issued
for a 6 month period which can be extended for another 6 month
period. They are prepared without the usual comments period from the
public. They cannot be extended more than once - that means that all
emergency standards are cancelled 1 year from their initial
publication.
PROJECTS OF NOMS that are published for comments from the public are designated as PROY-NOM. They have no legal effects until they complete the comment process, the publication of the responses to the comments and the publication of the final definitive standard Emergency Standards (NOM-EM) have legal effects; Projects (PROY-NOM) have no legal effects
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The following are Emergency Standards
and Projects
published by ASEA and their current status. We have been
receiving calls and emails asking questions about these emergency
standards and the new definitive standards.
It is important to verify that you are using the correct standard. |
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NOM-EM-001-ASEA-2015, Design, construction, maintenance and operation of service stations for dispensing diesel and gasoline. Published December 3, 2015 CANCELLED replaced by NOM-005-ASEA-2016 |
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NOM-EM-002-ASEA-2016, Test methods and
parameters for the operation, maintenance and efficiency in the
gasoline vapor recovery systems. Published Nov. 14, 2016
CANCELLED replaced by NOM-005-ASEA-2016 |
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NOM-EM-003-ASEA-2016, Distribution of natural gas and liquid
petroleum gas in pipelines.
Published November 24, 2016
CANCELLED replaced by NOM-003-ASEA-2016 |
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PROY-NOM-004-ASEA-2017, Gasoline vapor
recovery systems for the control of emissions in service stations
that dispense gasoline to the public. Published July 12, 2017
for comments from the public. Published as project - no legal effects. |
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NOM-EM |
NOM-EM-004-ASEA-2017, Specifications
and requirements for industrial safety, operative safety and
protection of the environment for the design, construction,
pre-start, operation, maintenance, closing and dismantling of
service stations for the specific purpose of dispensing liquid
petroleum gas to the public by means of the partial or total filling
of portable containers under pressure.
Published August 8, 2017
Full legal effects. |
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NOM-005-ASEA-2016 Design, construction, operation and maintenance of Service stations for the storage and dispensing of diesel and gasoline. Published November 7, 2016 with full legal effects | |
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PROY-NOM |
PROY-NOM-006-ASEA-2017, Technical specifications and criteria for industrial safety, operative safety and protection of the environment for the design, construction, pre-start, operation, maintenance, closing and dismantling of land installations for the storage of petroleum products and petroleum except for liquid petroleum gas. Published November 2, 2017 for its 60 day comments from the public period. | |
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PROY-NOM |
PROY-NOM-007-ASEA-2016, Transport of natural gas, ethanol, biogas, and gas associated with carbon mineral by pipeline. Published as project September 21, 2016 | |
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PROY-NOM |
PROY-009-ASEA-2017, Administration of the integrity of pipelines for the collection and distribution of hydrocarbons, petroleum products and petrochemicals. Published in the DOF on October 31, 2017 for its 60 day comment period from the public. | |
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PROY-NOM |
PROY-NOM-010-ASEA-2016, Compressed natural gas (CNG). Minimum safety requirements for loading and discharging terminals of transportable storage modules and stations for supplying automotive vehicles. Published September 08, 2016 CANCELLED AND REPLACED BY NOM-010-ASEA-2016 | |
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PROY-NOM |
PROY-NOM-018-ASEA-2016, That establishes the specifications for environmental protection during the construction, major maintenance and abandonment of systems for the transport and distribution of hydrocarbons, petroleum products and petrochemicals in a liquid gaseous state by pipeline made on existing rights of way located in agricultural, livestock and uncultivated areas. Published in the DOF on September 15, 2016 | |
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TRAINING - IN PERSON AND ONLINE |
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Lic. Glenn Louis McBride is a certified
instructor by the STPS He provides Training in both English and Spanish. If you are a foreign national working in Mexico, training in English with standards, laws and regulations in English may help you gain a real working knowledge of Mexican Standards. We also provide training for health and safety standards and Sexual Harassment training which is now also required by the STPS. To consult our training schedule or to ask for a quotation for on site training, contact Lic. Glenn McBride at glenn@mexicanlaws.net |
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| HEALTH, SAFETY AND ENVIRONMENTAL AUDITS | ||
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Take advantage of the
opportunity that an audit of your HEALTH AND SAFETY Program can
present for training. You can participate in your audit and we will
train you at the same time.
We will personalize an audit or a combination Health, Safety and Environmental Audit based on your activities, products, and materials. You can participate and we will train your audit team for follow-up and verification audits. We have developed a detailed audit protocol based on the protocols used by the Government and our complete library of translated Laws, Regulations and NOMs. We can perform a thorough and detailed audit, more complete than an inspection by the Mexican authorities. Human Resources - On site audit of your Human Resources program. Verify that you are compliant before you have a problem or before the authority finds your non-compliance. Environmental Compliance - On site audits - We review your documentation, permits, procedures and programs. We evaluate your compliance. We help you find and resolve your environmental non-compliance before SEMARNAT does. Health and Safety - On site audits - We review your documentation, permits, procedures, and programs. We evaluate your compliance. Find your non-compliance issues before the STPS finds them. For a quotation, glenn@mexicanlaws.net |
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AUDIT ALTERNATIVE - Is the cost of an audit not within your budget? |
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WE HAVE AN
ALTERNATIVE. We can audit, train and consult with your
personnel on a monthly basis. We visit your site every month for 4
hours and each time we review a different part of your program and
offer guidance and provide training for correcting any
noncompliances. The following month we review the progress and
review another part of your program and we bill you monthly at an
hourly rate.
For a quotation, glenn@mexicanlaws.net
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Derechos Reservados @ 2018 Lic. Glenn Louis McBride |
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