2018, Number 2
Inconsistencies in the Mexican occupational health legal framework
Franco EJGl
Language: Spanish
References: 0
Page: 55-61
PDF size: 197.98 Kb.
ABSTRACT
Two complementary systems are involved in occupational health management in goods-producing industry companies. One is business management or internal management. Documents in this type of system do not require approval by regulatory institutions. The other is state management or external management, which is based on laws, regulations and standards for which the Ministry of Labor and Social Security (STPS in Spanish) is responsible in terms of development and enforcement. This paper explores the latter; Mexican labor law related to occupational health. The main objective of this study was to conduct a thorough review of the current legal framework, to identify any inconsistencies or deficiencies in the Mexican occupational health regulations and standards. Examples of deficiencies include the fact that the relevant Mexican Official Standards (NOM) need updating; arbitrary decreases in workers' disability pensions and survivor benefits; relief from corporate liability in terms of accidents and diseases caused in the workplace; and the fact that certain groups of workers are not registered with the Mexican Social Security Institute (IMSS). The inconsistencies and omissions in the current legal framework bring to the fore the inequity and bias of Mexican labor law. Productivity, quality and labor relations flexibility are prioritized over the health of employees. There is therefore an urgent need to enact real changes and reforms that will enable the living and working conditions of the labor force to be improved.