MEXICANLAWS BULLETIN – MARCH 2017, HEALTH AND SAFETY, ENVIRONMENT, LABOR LAW

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HEALTH AND SAFETY – Warning NOM-047-SSA1-2011 The STPS is including the NOM-047-SSA1-2011 in their audit protocol and are fining many companies for not having the required documentation.

Who must have documentation for NOM-047-SSA1-2011?

Answer: “All establishments that use or handle chemical substances in the Mexican Republic.”

If you are responsible for monitoring Health and Safety compliance in your company, make sure that you are reviewing the Regulation for Occupational Health and Safety, all the Health and Safety Standards (NOM-STPS), and that you include in your audits and reviews, the “NOM-047-SSA1-2011, Environmental Health – Biological Exposure Indices for the personnel occupationally exposed to chemical substances.”

When the new “NOM-010-STPS-2014, Contaminating chemical agents in the work environment – Inspection, evaluation and control,” took effect April 28, 2016, all sites that use or handle chemical substances in the workplace were required to have a new up to date study for worker exposure to chemical substances based on the new standard. If you have not done a new study based on the format and the exposure limits in NOM-010-STPS-2014, you are subject to a very expensive fine for every employee exposed.

That new chemical exposure study must also include the Biological exposure elements from NOM-047-SSA1-2011. Several large companies that we work for have been fined for not having the new chemical exposure limit study and also for not complying with NOM-047-SSA1-2011.

If you are a Deluxe subscriber or a Health and Safety package subscriber, please review these 2 standards. Companies had a full 2 years from the date the Standard was published until it took effect to bring themselves up to date. We are consulting with many companies that do not have the new required study. If you need help, have questions or need a recommendation for a laboratory to perform the study, please contact us.

The compliance elements of NOM-047-SSA1-2011 are:

• Biological Monitoring of Chemical Exposure on occupationally exposed personnel

• The interpretation by qualified personnel of the results of the monitoring

• Biological monitoring of personnel exposure must be done by testing laboratories approved by the Secretary of Health
 

MAJOR LABOR LAW CHANGE COMING:

February 24, 2017 – A Reform was published to the Constitutional articles 107 and 123.

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This major labor reform will affect everyone with employees. It eliminates the present Junta de Conciliación y Arbitraje. It transfers labor DEMANDAS (lawsuits by employees) from the STPS to the Judicial branch. There will be in every case an obligatory conciliation hearing between the employer and worker in the event of a labor dispute, rescission of contracts, etc.

At the present, a worker that has been fired or that has a complaint about overtime pay, vacations, Aquinaldo or any complaint about their job goes to the Junta de Conciliación y Arbitraje and complains. They are given a citatorio which they deliver to their employer who has to appear for a meeting with an assessor from the STPS.

However, many times that employee on his way to make a complaint is approached by a labor lawyer, signs a contract giving the attorney 30% to 50% of his settlement and the attorney presents the lawsuit and conciliation is avoided. The first hearing between the attorneys for the worker and the employer is a negotiation and most cases are settled for 45 days wages plus benefits. There is no chance for conciliation or defense in that process.

The new system changes this and there will be an obligatory Conciliation meeting between the 2 parties. If a resolution is not reached, then it will go to trial. The trials will be oral and the requirements for evidence will be more like a civil trial.
The Constitutional reform is accomplished, now the STPS has up to a year to reform the Labor Law and the State legislatures must legislate the new changes and set up the new court system.
We will have a translation of this reform on the site in a few days, and if you have any questions, please ask us.
There will not be any change or effect felt for at least a year, but this is something that will affect the way labor problems are handled in the future.

ENVIRONMENT REPORTING.

COA – Cédula de Operación Anual – Obligatory annual report for large generators of waste

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The COA must be reported by June 30, 2017 to avoid fines. If you are involved in the COA of your company, you are aware of the problems and complexity involved with your obligatory reporting requirements. Unless an extension is published, this report for 2016 should be made between March 01, 2017 to June 30, 2017. If you need assistance, we can make a recommendation for you. Please contact us.

If you have any questions, please contact Glenn McBride at glenn@mexicanlaws.net or Jairo Ramos at Jairo@mexicanlaws.net or visit our website www.mexicanlaws.com

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Regards,

Lic. Glenn Louis McBride

Licensed Mexican Attorney

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