Mexico Federal OSH Regulations (RFSST)

Unofficial English translation. The binding text is the Spanish original published in the Diario Oficial de la Federación (DOF); in the event of any discrepancy, the official publication prevails. More

MINISTRY OF LABOUR AND SOCIAL WELFARE. Federal Regulation on Occupational Safety and Health. In the margin, a seal with the National Coat of Arms reading: United Mexican States.- Office of the President of the Republic. ENRIQUE PENA NIETO, President of the United Mexican States, in exercise of the power conferred on me by article 89, section I of the Political Constitution of the United Mexican States and on the basis of articles 27, 32 Bis, 33, 34, 36, 39 and 40 of the Organic Act of the Federal Public Administration, and 132, sections XVI, XVI Bis, XVII, XVIII, XIX Bis and XXVII, 134, section II, 153-C, section II, 166, 167, 175, 176, 473, 475 Bis, 512, 512-A, 512-B, 512-C, 512-D, 992, 994, section V, and 1002 of the Federal Labour Act, have seen fit to issue the following FEDERAL REGULATION ON OCCUPATIONAL SAFETY AND HEALTH

TITLE ONE

General Provisions, Powers and Obliged Parties

Chapter One

General Provisions

Article 1. This Regulation is of public order and social interest and is generally binding throughout the national territory.

Article 2. The purpose of this Regulation is to lay down the occupational safety and health provisions that shall be observed in Workplaces, so that conditions are in place to prevent Risks and, in this way, to guarantee workers the right to carry out their activities in environments that safeguard their life and health, on the basis of the Federal Labour Act.

Article 3. For the purposes of this Regulation, the following definitions shall apply:

I. Occupational Accident: any organic injury or functional disturbance, immediate or subsequent, or death, produced suddenly in the course of or by reason of work, whatever the place and time at which the work is performed;

II. Preventive and Corrective Actions: those established on the basis of the Occupational Safety and Health Diagnosis;

III. Labour Authority: the competent administrative units of the Ministry that carry out inspection and monitoring functions in occupational safety and health matters, and the corresponding units of the federal states acting in support of them;

IV. Workplace: the place or places, such as buildings, premises, installations and areas, where activities of exploitation, extraction, production, marketing, transport and storage or the provision of services are carried out, and in which persons subject to an employment relationship work;

V. Unsafe Conditions: those arising from failure to observe or to attend to the procedures or safety measures laid down in this Regulation and the Standards, and which may lead to incidents, Occupational Accidents and Diseases or material damage to the Workplace;

VI. Hazardous Conditions: those characteristics inherent in the installations, processes, machinery, equipment, tools and materials which may place at Risk the health, physical integrity or life of the workers, or damage the installations of the Workplace;

VII. Contaminants of the Working Environment: the physical, chemical and biological agents capable of modifying the environmental conditions of the Workplace which, by their properties, concentration or level, as well as by the time of exposure or action, may harm the health of the Occupationally Exposed Personnel;

VIII. Control: the process by which the safety measures derived from the Assessment of the Contaminants of the Working Environment are implemented, so that the exposure limit values are not exceeded;

IX. Occupational Safety and Health Diagnosis: the identification of the Unsafe or Hazardous Conditions; of the physical, chemical or biological agents or of the Ergonomic or Psychosocial Risk Factors capable of modifying the conditions of the working environment; of the hazards surrounding the Workplace; as well as of the applicable regulatory requirements in occupational safety and health matters;

X. Occupational Disease: any pathological condition arising from the continued action of a cause having its origin or motive in the work or in the environment in which the worker is obliged to render services;

XI. Favourable Organisational Environment: one in which the following are promoted: the workers' sense of belonging to the organisation; training for the proper performance of the tasks entrusted; the precise definition of responsibilities for the members of the organisation; proactive participation and communication among them; the appropriate distribution of workloads, with regular working hours, and the Assessment and Recognition of performance;

XII. Personal Protective Equipment: the set of items and devices specifically designed to protect the worker against Occupational Accidents and Diseases;

XIII. Confined Space: the place or places without natural ventilation, in which one or more persons may perform a given task inside, with limited or restricted means of entry or exit, which are not designed to be occupied continuously and in which work is carried out occasionally;

XIV. Assessment: the process by which sampling is carried out; the analytical determination, in the case of chemical agents that are Contaminants of the Working Environment, and the comparison of the results against the exposure limit values;

XV. Conformity Assessment: the determination of the degree of compliance with the Standards;

XVI. Ergonomic Risk Factors: those that may entail physical overexertion, repetitive movements or forced postures in the work performed, with the consequent fatigue, errors, Occupational Accidents and Diseases, arising from the design of the installations, machinery, equipment, tools or workstation;

XVII. Psychosocial Risk Factors: those that may cause anxiety disorders, non-organic sleep-wake cycle disorders and severe stress and adjustment disorders, arising from the nature of the functions of the post, the type of working hours and exposure to severe traumatic events or to acts of Workplace Violence, by reason of the work performed;

XVIII. Act: the Federal Labour Act;

XIX. Control Measures: those of a technical or administrative nature adopted to reduce exposure to the Contaminants of the Working Environment;

XX. Standard: the Official Mexican Standard or Standards on occupational safety and health issued by the Ministry, in accordance with the Federal Act on Metrology and Standardisation and its implementing regulation;

XXI. Private Bodies: the verification units, testing laboratories and certification bodies, accredited and approved under the Federal Act on Metrology and Standardisation and its implementing regulation, which carry out acts of Conformity Assessment against the Standards;

XXII. Occupationally Exposed Personnel: those workers who, in the course of and by reason of their occupation, are exposed to Unsafe or Hazardous Conditions or to Contaminants of the Working Environment;

XXIII. Occupational Safety and Health Programme: the document containing the set of Preventive and Corrective Actions to be implemented so as to avoid Risks in the Workplaces which may affect the life, physical integrity or health of the workers or cause damage to their installations;

XXIV. Recognition: the process by which the following are identified: the agents that are Contaminants of the Working Environment; their properties or characteristics; the routes of entry into the human body; their effects on health; the sources emitting contaminants; the areas or zones where there is a Risk of exposure; the homogeneous exposure groups, their posts and the activities they carry out; as well as the times and frequencies of exposure;

XXV. Risk: the correlation of the hazardousness of one or more factors and the exposure of workers with the possibility of causing adverse effects on their life, physical integrity or health, or of damaging the Workplace;

XXVI. Serious Risk: one that may compromise the life, physical integrity or health of the workers or cause damage to the installations of the Workplace, where the corresponding safety requirements and conditions are not observed;

XXVII. Ministry: the Ministry of Labour and Social Welfare;

XXVIII. Occupational Safety and Health: all those aspects related to the prevention of Occupational Accidents and Diseases, and which are referred to in other legal instruments by such terms as: safety and hygiene; industrial safety and hygiene; safety and health; safety, health and the working environment; safety, hygiene and the working environment;

XXIX. Preventive Occupational Medicine Services: those provided by a physician or under the supervision of a physician, preferably trained in occupational medicine, internally or externally, whose main purpose is to take part in the prevention of Occupational Accidents and Diseases, to provide medical care and first aid in the Workplaces, and to advise and train workers on health prevention and promotion. Internal services means those provided by personnel of the Workplace, and external services means those provided through public social security institutions;

XXX. Preventive Occupational Safety and Health Services: those provided by trained personnel, whether internal, external or mixed, whose main purpose is to prevent Occupational Accidents and Diseases through compliance with occupational safety and health regulations. Internal services means those provided by the employer or by personnel of the Workplace; external services, those provided by personnel independent of the Workplace, and mixed services, those provided both by internal personnel and by personnel independent of the Workplace;

XXXI. Occupational Safety and Health Management Systems: those by means of which continual improvement in the prevention of Occupational Accidents and Diseases is driven, through self-assessment of compliance with the Standards;

XXXII. Hazardous Chemical Substances: those which, by their physical and chemical properties, when handled, transported, stored or processed, present the possibility of Risks of explosiveness, flammability, combustibility, reactivity, corrosivity, radioactivity, toxicity or irritancy, and which, on entering the body by the respiratory, dermal or digestive route, may cause poisoning, burns or organic injury to the Occupationally Exposed Personnel, according to the concentration and the time of exposure;

XXXIII. Workers with Disabilities: those who, for congenital or acquired reasons, have one or more physical, mental, intellectual or sensory impairments, whether permanent or temporary;

XXXIV. Agricultural Workers: those who carry out, on a permanent, occasional or seasonal basis, the work proper to agricultural, livestock, aquaculture, forestry or mixed holdings, in the service of an employer; and

XXXV. Workplace Violence: those acts of harassment, mobbing or ill-treatment against the worker which may harm the worker's integrity or health.

Chapter Two

Powers

Article 4. The application of this Regulation falls to the Ministry, which shall be assisted by the Labour Authorities of the federal states where branches or activities of local jurisdiction are concerned, under the terms of the Act. The interpretation of this Regulation and of the Standards deriving from it, for administrative purposes, falls to the Ministry.

Article 5. In occupational safety and health matters, the Ministry has the following powers:

I. To formulate public policy on occupational safety and health;

II. To design, coordinate, carry out and evaluate programmes and campaigns for the prevention of Occupational Accidents and Diseases, with the participation of the relevant public bodies and institutions;

III. To issue the Standards together with their conformity assessment procedures;

IV. To disseminate occupational safety and health regulations and promote compliance with them;

V. To promote the establishment and operation of the Safety and Hygiene Committees, of the Preventive Occupational Safety and Health Services and of the Preventive Occupational Medicine Services;

VI. To chair and coordinate the National Advisory Commission on Occupational Safety and Health and the National Advisory Committee for Standardisation in Occupational Safety and Health;

VII. To design, promote and oversee the mechanisms for self-assessment of compliance with the Standards;

VIII. To issue awards to undertakings that demonstrate compliance with the regulations and with their Occupational Safety and Health Programmes, as well as the proper functioning of their Occupational Safety and Health Management Systems;

IX. To promote the creation of Private Bodies and, where appropriate, to approve them;

X. To monitor the functioning of Private Bodies, and to recognise the opinions, reports or certificates of compliance they issue;

XI. To suspend or revoke the approvals issued to Private Bodies, and to request, where appropriate, the suspension or cancellation of their accreditation;

XII. To decide on applications for authorisation to use technologies, processes, equipment, procedures, mechanisms, test methods or materials alternative to those provided for in the Standards, in accordance with the Federal Act on Metrology and Standardisation;

XIII. To update the tables of Occupational Diseases and of the valuation of permanent incapacities referred to in the Act, having first obtained the opinion of the National Advisory Commission on Occupational Safety and Health;

XIV. To enter into collaboration agreements with the departments and entities of the Federal Public Administration and coordination agreements with the governments of the federal states, in occupational safety and health matters;

XV. To enter into concertation agreements with workers' and employers' organisations, so as to implement programmes and campaigns for the prevention of Occupational Accidents and Diseases;

XVI. To enter into scientific and technical cooperation agreements on occupational safety and health with national and international institutions;

XVII. To enter into academic collaboration agreements on occupational safety and health with educational institutions;

XVIII. To monitor compliance with the occupational safety and health provisions contained in this Regulation and in the Standards;

XIX. To institute, conduct and decide the administrative procedure for compliance with the occupational safety and health provisions contained in this Regulation and in the Standards and, in the event of a breach of those provisions, to impose the corresponding penalties;

XX. To process and decide the administrative appeals falling to it, and to conduct those relating to decisions imposing penalties for breaches of occupational safety and health provisions; and

XXI. Any others assigned to it by other legal or regulatory provisions and falling within its remit.

Article 6. The actions taken by the Ministry in occupational safety and health matters shall be complemented by those developed by the Ministries of the Interior; of Health; of the Environment and Natural Resources; of Energy; of Economy; of Communications and Transport, and by the Mexican Social Security Institute, within their respective remits and in accordance with the applicable legal provisions.

Chapter Three

Obliged Parties

Article 7. Employers shall have the following obligations:

I. To hold an Occupational Safety and Health Diagnosis and the Risk studies and analyses required by this Regulation and the Standards, which form part of that diagnosis;

II. To draw up an Occupational Safety and Health Programme, based on the Occupational Safety and Health Diagnosis;

III. To prepare the specific programmes, manuals and procedures that guide the performance of work activities and processes under safe and emergency conditions;

IV. To establish and constitute the Safety and Hygiene Committee, and to provide facilities for its operation;

V. To guarantee the provision of the Preventive Occupational Safety and Health Services and, under the terms of the Act, those of occupational medicine;

VI. To display in visible places of the Workplace the notices or signs to inform of, warn of and prevent Risks;

VII. To apply, in the setting-up of their establishments, the occupational safety and health measures indicated in this Regulation and in the Standards, according to the nature of the work activities and processes;

VIII. To carry out the Recognition, Assessment and Control of the Contaminants of the Working Environment, so as to keep the environmental conditions of the Workplace within the exposure limit values;

IX. To order the medical examinations of the Occupationally Exposed Personnel required by this Regulation and the Standards;

X. To provide workers with Personal Protective Equipment, according to the Risks to which they are exposed;

XI. To inform workers of the Risks related to the activity they carry out;

XII. To train and instruct workers on Risk prevention and emergency response, in accordance with the activities they carry out;

XIII. To train the personnel of the Workplace who are members of the Safety and Hygiene Committee and of the Preventive Occupational Safety and Health Services and, where appropriate, to support the continuing professional development of those in charge of internal Preventive Occupational Medicine Services;

XIV. To issue the written authorisations (permits to work) for carrying out the hazardous activities or work provided for in this Regulation and in the specific Standards;

XV. To keep the administrative records, in printed or electronic form, established in this Regulation and the Standards;

XVI. To give notice to the Ministry, through the Federal Labour Delegations, the Directorate-General for Federal Labour Inspection or the Directorate-General for Labour Research and Statistics, or to the social security institutions, of the Occupational Accidents that occur;

XVII. To give notice to the Ministry, through the Federal Labour Delegations, the Directorate-General for Federal Labour Inspection or the Directorate-General for Labour Research and Statistics, of the deaths that occur as a result of Occupational Accidents and Diseases;

XVIII. To submit the notices relating to the operation of pressure vessels, cryogenic vessels and steam generators or boilers provided for in this Regulation;

XIX. To hold the opinions, results reports and certificates of compliance in occupational safety and health matters determined in this Regulation and in the Standards;

XX. To supervise that contractors comply with the occupational safety and health measures set out in this Regulation and the Standards when they carry out work within the employer's installations;

XXI. To permit and facilitate the exercise of inspection and monitoring functions by the Labour Authority, so as to ascertain compliance with occupational safety and health regulations; and

XXII. Any others provided for in other applicable legal provisions.

Article 8. Workers shall have the following obligations:

I. To observe the preventive occupational safety and health measures laid down in this Regulation and the Standards, as well as those established by employers for the prevention of Risks;

II. To appoint their representatives to take part in the Safety and Hygiene Committee;

III. To give immediate notice to the employer and to the Safety and Hygiene Committee of the Unsafe Conditions they observe and of the Occupational Accidents that occur, and to cooperate in their investigation;

IV. To use the Personal Protective Equipment provided by the employer and keep it in good condition;

V. To comply with the Control Measures established by the employer to prevent Risks;

VI. To operate safely the machinery, equipment and tools assigned to them;

VII. To keep their work places and common areas tidy and clean;

VIII. To perform their work in a safe manner so as to avoid Risks;

IX. To take part in the emergency response teams, where applicable;

X. To undergo the medical examinations determined by this Regulation and the Standards;

XI. To take part in the training and instruction on Risk prevention and emergency response provided by the employer or by the persons the employer designates; and

XII. Any others provided for in other applicable legal provisions.

Article 9. The members of the Safety and Hygiene Committees, as well as those responsible for the Preventive Occupational Safety and Health Services and for the Occupational Medicine Services, shall promote observance of the occupational safety and health provisions set out in this Regulation and in the Standards.

TITLE TWO

Principles of Standardisation in Occupational Safety and Health

Sole Chapter

Standardisation in Occupational Safety and Health

Article 10. The Ministry shall issue Standards on the basis of the Federal Act on Metrology and Standardisation and its implementing regulation, the Act and this Regulation, for the purpose of laying down occupational safety and health provisions that avoid:

I. Risks that endanger the life, physical integrity or health of the workers; and

II. Adverse and substantial changes in the working environment which affect or may affect the safety or health of the workers or cause damage to the installations, machinery, equipment and materials of the Workplace. The conformity assessment procedures for the Standards shall indicate the provisions whose non-observance entails a Serious Risk.

Article 11. Draft Standards shall be supported by an analysis, which shall contain:

I. A concise explanation of the objectives and purposes of the Standard;

II. A description of the measures proposed and of the alternatives considered for meeting that purpose;

III. The costs and benefits of the alternatives considered and, where appropriate, a comparison with the regulations of other countries; and

IV. The technical feasibility of verifying compliance with it, that is to say, the mechanisms envisaged to ensure and verify compliance. Within the measures proposed and the alternatives considered for meeting its purpose, differences may be established on the basis of the type of Workplace.

Article 12. For the purpose of determining the type of Workplace, the following criteria shall be taken into account:

I. Branch: industrial, commercial or services;

II. Number of workers;

III. Degree of Risk; or

IV. Geographical location.

Article 13. The Ministry may carry out studies and research in the Workplaces so as to establish the basis for drawing up and updating the Standards, as well as to support their cost-benefit and technical feasibility. Likewise, the Ministry may carry out studies and research in those undertakings with high rates of Occupational Accidents and Diseases, so as to identify and evaluate their possible causes and to define the preventive measures to be applied. Employers and workers shall give the Ministry the facilities necessary to carry out such studies and research, for which purpose the Ministry shall request the approval of the Workplace. The Ministry may request the assistance of other departments and entities of the Federal Executive, as well as of the competent local authorities, in carrying out the studies and research referred to in this article.

Article 14. Where the Standards provide for the use of specific technologies, processes, equipment, procedures, mechanisms, test methods or materials, employers or their representatives may apply in writing for authorisation to use alternative means by which the objectives and purposes of those Standards are met. Such applications shall contain:

I. The name or company name of the Workplace;

II. The address of the Workplace;

III. A copy and the original, or a certified copy for comparison, of the notarial power of attorney of the attorney-in-fact or legal representative of the applicant;

IV. Specification of the technology, process, equipment, procedure, mechanism, test method or material proposed to be replaced, indicating the Standard and the clause that provides for it;

V. A description of the proposed alternative, together with the drawings, charts, flow diagrams, procedures, application statistics, safety data sheets, calculation records, technical records or characteristics of the instruments, as applicable; and

VI. Justification that the proposed alternative meets the objectives and purposes determined by the Standard concerned. Where technologies, processes, equipment, procedures, mechanisms, test methods or alternative materials of foreign origin are proposed, the documentation indicated in sections IV and V of this article shall be attached in the original language and, where that language is other than Spanish, a translation into Spanish prepared by an expert translator shall also be attached.

Article 15. The Ministry shall issue the corresponding decision within the sixty calendar days following receipt of the application, having first obtained the opinion of the National Advisory Committee for Standardisation in Occupational Safety and Health. Where the Ministry does not issue the decision within that period, the decision shall be deemed to be favourable and, at the applicant's request, the Ministry shall issue a certificate to that effect within the two working days following the submission of the application concerned. The Ministry shall publish in the Official Gazette of the Federation the authorisations granted under this article, so as to give them publicity.

Article 16. The Ministry shall establish, in the Standard on the subject, the sampling and analytical determination procedures or methods for chemical contaminants of the working environment which testing laboratories may use.

TITLE THREE

General, Organisational and Specialised Provisions for Occupational Safety and Health

Chapter One

General Provisions for Safety at Work

Article 17. This Chapter lays down the general provisions for safety at work to be observed in the following matters:

I. Buildings, premises, installations and work areas;

II. Fire prevention and protection;

III. Use of machinery, equipment and tools;

IV. Handling, transport and storage of materials;

V. Handling, transport and storage of Hazardous Chemical Substances;

VI. Driving of motor vehicles;

VII. Work at height;

VIII. Work in Confined Spaces;

IX. Pressure vessels, cryogenic vessels and steam generators or boilers;

X. Static electricity;

XI. Welding and cutting activities; and

XII. Maintenance of electrical installations. The provisions of this Chapter shall be complemented by the specific provisions contained in the applicable Standards.

Article 18. With regard to the buildings, premises, installations and areas in the Workplaces, whether temporary or permanent, employers shall:

I. Construct them in accordance with the building regulations and the relevant Standards;

II. Ensure that they withstand the fixed or moving loads corresponding to the activities carried out in them;

III. Provide safe and demarcated spaces in the areas for production, maintenance, movement of persons and vehicles, storage and services for workers;

IV. Mark with signs the areas where Risks exist;

V. Provide adequate natural or artificial ventilation;

VI. Draw up and apply a specific programme for the maintenance of the installations of the Workplace;

VII. Have stairs, ramps, fixed ladders, portable ladders, walkways or elevated platforms in safe condition, as well as access doors and emergency exits;

VIII. Make available to workers drinking-water points and disposable cups or drinking fountains;

IX. Install toilets for women and men, and clean and safe washbasins for the use of workers;

X. Have showers and changing rooms, according to the activities carried out or where decontamination of workers is required;

XI. Have hygienic places for the consumption of food, where applicable;

XII. Keep the work areas and the walkways outside the buildings, car parks and other common areas of the Workplace permanently tidy and clean;

XIII. Inform workers about the use and upkeep of the areas where they carry out their activities; and

XIV. Keep the records on how the specific programme was carried out for the maintenance of the installations of the Workplace.

Article 19. For fire prevention and protection, employers shall:

I. Classify the fire Risk of the Workplace, as a whole or by specific areas;

II. Have fire detection means and firefighting equipment, as well as fixed protection systems and fire alarms, in accordance with the Standard concerned;

III. Establish and follow up a programme for the inspection of fire extinguishers;

IV. Establish and follow up a programme for the inspection of the fire detection means and firefighting equipment, as well as of the fixed protection systems and fire alarms;

V. Establish and follow up a programme for the inspection of the electrical installations and of the liquefied petroleum gas and natural gas installations;

VI. Have the relevant signs in the areas where flammable or explosive substances are produced, stored or handled;

VII. Have safety instructions for fire prevention and protection available to workers;

VIII. Have a sketch, plan or general map of the Workplace, or of the areas that make it up, identifying at least the main areas or zones with a fire Risk, the location of the fire detection means and of the firefighting equipment and systems, as well as the evacuation routes;

IX. Prohibit and prevent the blocking, damaging, disabling or improper use of the firefighting equipment and systems, of the Personal Protective Equipment for emergency response, and of the evacuation, warning and firefighting equipment and system signs;

X. Adopt safety measures to prevent the generation and accumulation of static electricity in the areas where flammable or explosive substances are handled;

XI. Have a fire emergency response plan;

XII. Provide evacuation routes that comply with the safety measures laid down by the specialised Standard;

XIII. Have fire response teams in the Workplaces, where the applicable Standard so requires;

XIV. Conduct fire emergency drills;

XV. Provide Personal Protective Equipment to the fire response teams;

XVI. Train and instruct the workers and, where appropriate, the members of the fire response teams; and

XVII. Keep the records on the results of the inspection and testing programmes, as well as of the fire emergency drills. Verification of compliance with the obligations for fire prevention and protection shall be carried out on the basis of the arrangements established by the corresponding Standard.

Article 20. For the use of machinery, equipment and tools, employers shall:

I. Prepare a study to analyse the Risk to which workers are exposed;

II. Have a specific programme for their inspection and maintenance;

III. Have the procedures for their operation and maintenance;

IV. Install guards and safety devices where appropriate;

V. Promote ergonomic aspects in their use;

VI. Provide the Personal Protective Equipment required for their operation;

VII. Inform workers about their use, upkeep, maintenance, place of storage and safe transport;

VIII. Train and instruct workers in their safe operation; and

IX. Keep the records on the results of their inspection and maintenance.

Article 21. For the handling, transport and storage of materials, employers shall:

I. Have a specific programme for the inspection and maintenance of the machinery and equipment used;

II. Have the procedures for the installation, operation and maintenance of that machinery and equipment;

III. Have a code of signals or a communication system for the operators and helpers involved in the handling and transport of materials with lifting machinery or equipment;

IV. Fit the machinery and equipment with safety stop devices, notices of their maximum load capacity and audible and visible signalling;

V. Verify the safety conditions of the machinery and equipment intended for such purposes before they are put into service;

VI. Supervise that the handling, transport and storage of materials is carried out under safe conditions;

VII. Keep the work areas free of obstacles;

VIII. Provide workers with the specific Personal Protective Equipment according to the Risk to which they are exposed;

IX. Have a first-aid manual for emergency response;

X. Carry out health surveillance of the workers who perform manual handling of materials;

XI. Inform workers of the Risks to which they are exposed;

XII. Train and instruct the operators and helpers who operate the machinery and equipment; and

XIII. Keep the records on the maintenance of the machinery and equipment used; on their functioning after any repair, and on the health surveillance of the workers who perform manual handling of materials.

Article 22. For the handling, transport and storage of Hazardous Chemical Substances, employers shall:

I. Prepare a Risk analysis of the Hazardous Chemical Substances they handle, transport or store;

II. Have procedures for their handling, transport and storage;

III. Have an emergency response plan for cases of leak, spillage, emissions or fire;

IV. Identify the containers holding them and keep them closed while not in use;

V. Store the Hazardous Chemical Substances in specific containers, made of materials compatible with the substance concerned;

VI. Identify the pipework carrying Hazardous Chemical Substances, and have devices allowing the flow to be interrupted;

VII. Provide specific zones for their storage;

VIII. Have installations of fire-resistant materials in areas where their handling, transport or storage presents a Risk of fire or explosion;

IX. Provide installations, equipment or materials to contain the Hazardous Chemical Substances, preventing them from running off or dispersing in the event of a spillage or leak;

X. Isolate the areas intended for the storage of flammable or explosive substances from any source of heat or ignition;

XI. Carry out the decanting of flammable or explosive substances with ventilation or isolation of the process, so as to prevent explosive atmospheres from arising;

XII. Provide the Occupationally Exposed Personnel with the Personal Protective Equipment required;

XIII. Prohibit the use of tools, clothing, footwear and personal objects that may generate sparks, open flame or temperatures capable of causing ignition;

XIV. Have safety showers and eyewash stations, neutralisers and inhibitors in the Risk zones for emergency response;

XV. Provide showers, changing rooms and lockers, as well as a clothes-cleaning service, where the deposit of Hazardous Chemical Substances on the skin or clothing of workers may present a Risk to their health;

XVI. Have a first-aid manual for emergency response;

XVII. Inform workers of the Risks to which they are exposed by their handling, transport and storage;

XVIII. Provide training and instruction to workers for their handling, transport and storage; and

XIX. Keep the records on the preventive and corrective maintenance of the equipment where they are handled, transported and stored.

Article 23. For the driving of motor vehicles, employers shall:

I. Have a specific programme for the inspection and maintenance of those vehicles;

II. Install guards and safety devices;

III. Verify that their drivers hold the licences and permits issued by the competent authorities;

IV. Carry out toxicological tests on their drivers;

V. Supervise that driving is carried out in accordance with the applicable rules;

VI. Provide drivers with the Personal Protective Equipment required;

VII. Hold the certificate of state of health of the drivers of public transport and of urban and interurban goods and passenger transport;

VIII. Inform drivers of the Risk factors in driving vehicles and of their prevention;

IX. Train and instruct drivers in safe driving; and

X. Keep the records on their inspection and maintenance; the toxicological tests carried out; the penalties imposed for offences, and the road accidents of their vehicle fleet.

Article 24. For carrying out work at height, employers shall:

I. Have a Risk analysis of the areas where such work is to be carried out;

II. Establish and follow up a specific programme for the inspection and maintenance of the systems or equipment used to carry it out;

III. Have instructions, manuals or procedures for the installation, operation and maintenance of the systems or equipment used;

IV. Have an emergency response plan and the equipment and materials to rescue injured workers;

V. Inspect the systems and equipment before the work is carried out;

VI. Install and operate under safe conditions the personal systems for work at height, tower or frame scaffolds, suspended scaffolds, elevating work platforms, portable ladders and safety nets;

VII. Place safety signs and notices to demarcate the areas at ground level where such work is carried out, and restrict access to them;

VIII. Prevent or interrupt the activities where Unsafe Conditions are detected in the systems or equipment used, or where conditions exist that place workers at Risk;

IX. Provide workers with the Personal Protective Equipment required;

X. Carry out medical examinations of the workers who perform this work;

XI. Provide them with information, training and instruction on the subject;

XII. Issue written authorisations (permits to work) for carrying out work at height using suspended scaffolds or elevating work platforms; and

XIII. Keep the records of the personnel authorised to carry it out; of the medical examinations carried out, and of the results of the inspection and maintenance of the systems and equipment used.

Article 25. For carrying out work in Confined Spaces, employers shall:

I. Prepare a Risk analysis of the activities to be carried out;

II. Have safety procedures for the activities to be carried out and for the equipment and tools to be used;

III. Have sampling procedures to detect hazardous or oxygen-deficient atmospheres;

IV. Have a specific work plan;

V. Have a rescue plan for workers who may be injured, including the corresponding equipment;

VI. Mark the entrance to the Confined Space with signs;

VII. Designate a person responsible for supervising the work, who shall be positioned outside the Confined Space;

VIII. Have means of communication between the personnel carrying out the activities in the Confined Space and the supervising personnel;

IX. Maintain a breathable atmosphere by means of natural or forced ventilation systems, or use Personal Protective Equipment with an air supply line or self-contained breathing apparatus;

X. Use explosion-proof electrical installations, tools and equipment in the presence of flammable or explosive substances;

XI. Provide lighting inside the Confined Spaces;

XII. Provide workers with the Personal Protective Equipment required, in accordance with the Risk analysis;

XIII. Provide information and training to the workers who carry out these activities;

XIV. Issue written authorisations (permits to work) for carrying out work in Confined Spaces; and

XV. Keep the records of the personnel authorised to carry it out; of their entry into and exit from those spaces; their times inside, and the continuous sampling of the atmosphere.

Article 26. For the operation of pressure vessels, cryogenic vessels and steam generators or boilers, employers shall:

I. Classify such equipment installed in the Workplace on the basis of the Standard on the subject;

II. Compile an up-to-date list and build up the file of the installed equipment;

III. Draw up and apply specific programmes for their inspection, maintenance and testing;

IV. Have the procedures for their operation, inspection, maintenance and testing;

V. Have an emergency response plan;

VI. Identify each item of equipment by number or code;

VII. Mark on the equipment the types of Risk of the substances they contain;

VIII. Keep their foundations or support system in a condition that does not affect the safe operation of the equipment;

IX. Have the space required for the operation of the equipment and, where appropriate, for carrying out maintenance operations, pressure tests and non-destructive examinations;

X. Have physical protection or insulation elements, in the case of equipment operating at extreme temperatures, and mark them with signs;

XI. Keep the functioning of the equipment in safe condition;

XII. Have pressure relief devices or elements that prevent the maximum allowable working pressure from being exceeded;

XIII. Keep their control instruments in safe operating condition;

XIV. Direct the release of hazardous fluids, through safety devices, to places where they do not harm workers, the Workplace or the environment;

XV. Carry out pressure tests or non-destructive examinations on the equipment under the relevant safety measures;

XVI. Train the personnel who carry out operation, maintenance, repair and pressure testing or non-destructive examination activities on the equipment; and

XVII. Keep the records on the operation, inspection, maintenance and pressure testing and non-destructive examination of the equipment.

Article 27. For the operation of pressure vessels, cryogenic vessels and steam generators or boilers so determined by the Standard, employers shall give written notice to the Ministry, before the date on which they are put into operation, that such equipment complies with the safety conditions indicated, together with the Conformity Assessment opinion issued by an accredited and approved verification unit, in accordance with the arrangements laid down by the Standard concerned. In the case of new equipment, employers shall give notice that it complies with the safety conditions, together with the corresponding Conformity Assessment opinion, ten years after the first such notice, and thereafter every five years, within the sixty calendar days preceding the end of each period. In the case of used equipment, employers shall give notice that it complies with the safety conditions, together with the corresponding Conformity Assessment opinion, five years after the first such notice, and thereafter every five years, within the sixty calendar days preceding the end of each period.

Article 28. Where pressure vessels, cryogenic vessels and steam generators or boilers are altered or relocated, employers shall give notice to the Ministry that they maintain the safety conditions established in the specialised Standard, before operating such equipment, on the same terms and conditions as those referred to in the preceding article.

Article 29. To control static electricity and prevent the effects of lightning strikes, employers shall:

I. Install earthing systems and devices or equipment to control static electricity in installations or processes;

II. Provide antistatic or conductive materials or devices to drain to earth the currents accumulated in the worker's body, where required;

III. Install lightning protection systems in the areas where flammable or explosive substances are handled or stored;

IV. Measure the resistance of the earthing network and, where applicable, the relative humidity;

V. Inform all workers of the Risks presented by static electricity and of the way to avoid them;

VI. Train workers in the control of static electricity; and

VII. Keep the records on the values of the resistance of the earthing network and, where applicable, of the relative humidity.

Article 30. For carrying out welding and cutting activities, employers shall:

I. Prepare a Risk analysis of the activities to be carried out;

II. Draw up a specific programme for carrying them out;

III. Have safety procedures for those activities;

IV. Place safety signs, notices or protective barriers when these activities are carried out;

V. Place safety signs, notices, locks or tags on the electrical installations supplying power to the equipment;

VI. Have fire extinguishers of the capacity and characteristics required, in accordance with the Risk analysis;

VII. Have natural or artificial ventilation, before and during the work;

VIII. Restrict entry to the areas in which those activities are carried out;

IX. Adopt the specific safety measures provided for in the relevant Standard;

X. Have the equipment and materials for the rescue of injured workers;

XI. Provide workers with the Personal Protective Equipment, in accordance with the Risk analysis;

XII. Inform the workers who carry out these activities of the Risks to which they are exposed;

XIII. Train and instruct the workers who carry out these activities, as well as those who perform preventive maintenance on the equipment and machinery used;

XIV. Issue written authorisations (permits to work) for carrying them out at height, in Confined Spaces, in basements or underground, in the presence of flammable or explosive substances, or in areas not specifically designated for these activities; and

XV. Keep the records of the personnel authorised to carry out this work, as well as the results of the inspections of the equipment and safety elements.

Article 31. For the maintenance of electrical installations, employers shall:

I. Have the up-to-date single-line diagram of the electrical installation and the general table of installed loads;

II. Determine the Risks to which workers are exposed;

III. Have the work plan for carrying out these activities;

IV. Draw up and follow up a specific programme for the inspection and upkeep of the work equipment, machinery, tools and insulating protective implements used;

V. Have procedures for carrying them out;

VI. Have an emergency response plan containing the rescue procedure;

VII. Identify the equipment used for the use and distribution of electrical energy, with information on its characteristics and the safety distance;

VIII. Place safety notices in the places where contact with electrical equipment, or proximity to it, may entail danger;

IX. Mark with signs and demarcate the zone or work area in which they are carried out;

X. Adopt the relevant safety measures to carry out the maintenance of electrical equipment and installations;

XI. Prohibit workers from wearing jewellery or metal items while carrying out these activities;

XII. Provide the work equipment, machinery, tools and insulating protective implements according to the voltage or supply current level;

XIII. Have fire extinguishers of the capacity and characteristics required, on the basis of the fire Risk;

XIV. Limit and control access to electrical substations by unauthorised persons;

XV. Provide workers with the Personal Protective Equipment required;

XVI. Inform workers of the Risks presented by electrical energy and of the safety conditions that shall prevail in the work area or in the activity to be carried out;

XVII. Train and instruct the workers who carry out the maintenance of electrical installations;

XVIII. Issue written authorisations (permits to work) for carrying out such activities at height, in Confined Spaces, in substations or on live parts; and

XIX. Keep the records of the personnel authorised to carry out these activities, as well as of the results of the inspection and upkeep of the work equipment, machinery, tools and insulating protective implements.

Chapter Two

General Provisions for Health at Work

Article 32. This Chapter lays down the general provisions for health at work to be observed in the following areas:

I. Noise;

II. Vibration;

III. Lighting;

IV. Ionising radiation;

V. Non-ionising electromagnetic radiation;

VI. High or low thermal conditions;

VII. Abnormal ambient pressures;

VIII. Chemical agents;

IX. Biological agents;

X. Ergonomic Risk Factors; and

XI. Psychosocial Risk Factors. The provisions of this Chapter shall be complemented by the specific provisions contained in the applicable Standards.

Article 33. In connection with the exposure of workers to noise generated in the Workplaces, employers shall:

I. Have a specific hearing conservation programme for the Occupationally Exposed Personnel;

II. Carry out the Recognition of noise in all areas where there are potentially exposed workers;

III. Place signs requiring the mandatory use of hearing Personal Protective Equipment in the areas where it is required;

IV. Carry out the Assessment of noise in all areas where there is Occupationally Exposed Personnel;

V. Implement Control Measures where the level of exposure to noise exceeds the applicable limit values;

VI. Provide hearing Personal Protective Equipment to the Occupationally Exposed Personnel;

VII. Carry out medical examinations of the Occupationally Exposed Personnel;

VIII. Inform and advise workers of the possible harm to health from exposure to noise and of the way to avoid or reduce it;

IX. Train the Occupationally Exposed Personnel in safe working practices and Control Measures; and

X. Keep the records on the Recognition, Assessment and Control carried out, and on the medical examinations performed.

Article 34. In connection with the exposure of workers to vibration generated in the Workplace, employers shall:

I. Have a specific programme for preventing harm to health from exposure to vibration;

II. Carry out the Recognition of vibration in all areas where there are potentially exposed workers;

III. Place warning and mandatory-action signs in the areas where there is exposure to vibration;

IV. Evaluate the levels of exposure to vibration;

V. Apply Control Measures to prevent the level of exposure to vibration from exceeding the applicable limit values;

VI. Carry out medical examinations of the Occupationally Exposed Personnel;

VII. Inform workers of the possible harm to health from exposure to vibration;

VIII. Train the Occupationally Exposed Personnel in safe working practices and Control Measures; and

IX. Keep the records on the Recognition, Assessment and Control carried out, and on the medical examinations performed.

Article 35. With regard to the lighting of the Workplace, employers shall:

I. Establish and follow up a specific maintenance programme for luminaires and, where applicable, for the emergency lighting systems;

II. Provide emergency lighting systems where necessary;

III. Carry out the Recognition of the lighting conditions of the areas and workstations;

IV. Carry out the Assessment of the lighting levels in the areas and workstations;

V. Apply Control Measures where the lighting levels or the reflectance factors are below or above, respectively, the limit values determined in the corresponding Standard;

VI. Carry out medical examinations of the workers who carry out their activities in areas with special lighting;

VII. Inform workers of the Risks that glare or an inadequate lighting level in their areas and workstations may cause; and

VIII. Keep the records on the Recognition, Assessment and Control of the lighting conditions, and on the medical examinations performed on the workers who have special lighting.

Article 36. For the use, handling, storage or transport of ionising radiation sources, employers shall:

I. Have the analysis of the Risks to which workers are exposed;

II. Have the radiological safety and protection programme, the radiological safety and protection manual and the radiological safety emergency response plan;

III. Adopt the radiological safety measures for handling ionising radiation sources indicated by the competent regulatory body;

IV. Carry out the Recognition of the areas of the Workplace where the ionising radiation sources are located;

V. Demarcate the controlled zones and place warning and prohibition signs on account of the presence of ionising radiation sources;

VI. Have the ionising radiation measuring equipment, with its corresponding calibration and maintenance programme;

VII. Provide the Occupationally Exposed Personnel with the dosimeter;

VIII. Evaluate and record the dosimetry values of the Occupationally Exposed Personnel and follow them up for control purposes;

IX. Provide the Occupationally Exposed Personnel with the record of their annual and cumulative dose equivalent;

X. Have a radiological safety officer or, where appropriate, a person responsible for the operation and functioning of the X-ray equipment, as well as the assistants necessary for each work shift;

XI. Comply with the safety conditions in the controlled zones;

XII. Implement the Control Measures laid down by the competent regulatory body;

XIII. Have specific areas for putting on the Personal Protective Equipment, as well as for the decontamination of the Occupationally Exposed Personnel and of the containers, devices and tools used, where there are unsealed ionising radiation sources;

XIV. Provide the Occupationally Exposed Personnel with Personal Protective Equipment for the safe operation of ionising radiation sources;

XV. Carry out medical examinations of the Occupationally Exposed Personnel;

XVI. Inform workers of the Risks to which they are exposed;

XVII. Train and instruct the Occupationally Exposed Personnel; and

XVIII. Keep the records on the Recognition, Assessment and Control carried out, and on the medical examinations performed.

Article 37. For those Workplaces where non-ionising electromagnetic radiation is generated, employers shall:

I. Carry out the Recognition of the non-ionising electromagnetic radiation;

II. Place warning and prohibition signs in the zones restricted on account of the presence of sources of non-ionising electromagnetic radiation;

III. Establish preventive measures, according to the characteristics of the generating sources, the type of radiation and the exposure of the workers;

IV. Carry out the Assessment of the areas and of the Occupationally Exposed Personnel;

V. Adopt the relevant Control Measures where the exposure limit values are exceeded;

VI. Provide the Occupationally Exposed Personnel with Personal Protective Equipment for the safe operation of sources of non-ionising electromagnetic radiation;

VII. Carry out medical examinations of the Personnel Occupationally Exposed to infrared and ultraviolet non-ionising electromagnetic radiation;

VIII. Inform workers of the Risks that exposure to non-ionising electromagnetic radiation entails for their health;

IX. Train and instruct workers in the handling and use of the sources generating non-ionising electromagnetic radiation or of the materials that emit it; and

X. Keep the records on the Recognition, Assessment and Control of the non-ionising electromagnetic radiation, and on the medical examinations performed.

Article 38. In connection with the exposure of workers to extreme high or low thermal conditions in the Workplace, employers shall:

I. Carry out the Recognition of the areas and of the Personnel Occupationally Exposed to extreme temperatures;

II. Place warning, mandatory-action and prohibition signs in the exposure areas;

III. Restrict access to the areas of exposure to extreme temperatures;

IV. Carry out the Assessment of the areas and of the Occupationally Exposed Personnel;

V. Apply the relevant Control Measures in the areas and with the Occupationally Exposed Personnel;

VI. Provide Personal Protective Equipment to protect the Occupationally Exposed Personnel;

VII. Carry out medical examinations of the workers;

VIII. Inform workers of the Risks from exposure to extreme temperatures;

IX. Train the Personnel Occupationally Exposed to extreme thermal conditions; and

X. Keep the records on the Recognition, Assessment and Control carried out, and on the medical examinations performed.

Article 39. In connection with the exposure of workers to abnormal ambient pressures, employers shall:

I. Have the analysis of the Risks for the Occupationally Exposed Personnel;

II. Employ only workers over 18 years of age who hold the medical certificate required;

III. Adopt the measures indicated by the corresponding Standard for carrying out activities at low ambient pressures on land or diving at high pressures;

IV. Carry out medical examinations of the Occupationally Exposed Personnel;

V. Provide training and instruction to the Occupationally Exposed Personnel so that they perform their work safely;

VI. Keep the log of procedures for each diving shift under high pressures; and

VII. Keep the records on the tests, maintenance services, repairs, modifications and calibration of the diving equipment; on the occurrence of Occupational Accidents and Diseases, and on the medical examinations performed.

Article 40. In connection with the exposure of workers to chemical agents capable of harming their health, employers shall:

I. Have a study of the chemical contaminants of the working environment;

II. Carry out the Recognition of the chemical contaminants of the working environment;

III. Place warning, mandatory-action and prohibition signs in the areas where there is exposure to contaminating chemical agents;

IV. Carry out the Assessment of the concentration of the chemical contaminants of the working environment at the frequency required;

V. Put in place Control Measures so as not to expose workers to concentrations above the limit values established by the Standard concerned;

VI. Provide the Personal Protective Equipment specific to the Risk so as to protect the Occupationally Exposed Personnel;

VII. Carry out medical examinations of the Occupationally Exposed Personnel;

VIII. Inform workers of the Risks to health from exposure to the chemical contaminants of the working environment;

IX. Train the Occupationally Exposed Personnel in the handling and Control of the chemical contaminants of the working environment; and

X. Keep the records on the Recognition, Assessment and Control carried out, and on the medical examinations performed.

Article 41. In connection with the exposure of workers to biological agents capable of harming their health, employers shall:

I. Have a study of the biological contaminants of the working environment so as to prevent harm to the health of workers;

II. Carry out the Recognition of the biological contaminants of the working environment;

III. Place warning, mandatory-action and prohibition signs in the areas where there is exposure to biological contaminants;

IV. Control the entry of workers, materials and objects liable to contamination into restricted zones;

V. Carry out the Assessment of the concentration of the biological contaminants of the working environment at the frequency required;

VI. Establish Control Measures so as not to expose workers to materials contaminated by pathogenic micro-organisms;

VII. Provide Personal Protective Equipment to protect the Occupationally Exposed Personnel;

VIII. Provide specific areas for the decontamination of the Occupationally Exposed Personnel and of the components, tools and equipment;

IX. Carry out medical examinations of the Occupationally Exposed Personnel;

X. Inform workers of the Risks to health from exposure to the biological contaminants of the working environment;

XI. Train the Occupationally Exposed Personnel in the handling and Control of the biological contaminants of the working environment;

XII. Issue written authorisations (permits to work) for carrying out activities entailing a Risk from the handling of biological agents; and

XIII. Keep the records of the personnel authorised to carry out activities entailing a Risk from the handling of biological agents; of the Recognition, Assessment and Control carried out, and of the medical examinations performed.

Article 42. With regard to the Ergonomic Risk Factors of the Workplace, employers shall:

I. Have an analysis of the Ergonomic Risk Factors of the workstations exposed to them;

II. Adopt preventive measures to mitigate the Ergonomic Risk Factors in their installations, machinery, equipment or tools of the Workplace;

III. Carry out medical examinations of the Occupationally Exposed Personnel;

IV. Inform workers of the possible harm to health from exposure to Ergonomic Risk Factors;

V. Train the Occupationally Exposed Personnel in safe working practices; and

VI. Keep the records on the preventive measures adopted and on the medical examinations performed.

Article 43. With regard to the Psychosocial Risk Factors of the Workplace, employers shall:

I. Identify and analyse the workstations with a psychosocial Risk by reason of the nature of their functions or the type of working hours;

II. Identify the workers who have been subjected to severe traumatic events or to acts of Workplace Violence, and assess them clinically;

III. Adopt the relevant preventive measures to mitigate the Psychosocial Risk Factors;

IV. Carry out clinical examinations or assessments of the Personnel Occupationally Exposed to Psychosocial Risk Factors, as required;

V. Inform workers of the possible harm to health from exposure to Psychosocial Risk Factors; and

VI. Keep the records on the preventive measures adopted and on the results of the clinical examinations or assessments. The following are aspects to be considered within the Psychosocial Risk Factors arising from the nature of the functions of the post: the Hazardous Conditions inherent in the post; where the post is performed under Unsafe Conditions; where it demands a high level of responsibility; or where it requires intense concentration and attention for prolonged periods.

Chapter Three

Organisational Provisions for Occupational Safety and Health

Article 44. This Chapter lays down the general organisational provisions for occupational safety and health to be observed in the following matters:

I. Safety and Hygiene Committees;

II. Preventive Occupational Safety and Health Services;

III. Preventive Occupational Medicine Services;

IV. Selection and use of Personal Protective Equipment;

V. Use of occupational safety and health signs, and identification of Risks from fluids carried in pipework;

VI. Identification and communication of hazards and Risks from Hazardous Chemical Substances;

VII. Safety management in processes and critical equipment where Hazardous Chemical Substances are handled; and

VIII. Promotion of a Favourable Organisational Environment and prevention of Workplace Violence. The provisions of this Chapter shall be complemented by the specific provisions contained in the applicable Standards.

Article 45. With regard to the establishment, composition, organisation and functioning of the Safety and Hygiene Committees, employers shall:

I. Establish and constitute at least one Safety and Hygiene Committee in the Workplace;

II. Appoint their representative or representatives to take part in the Safety and Hygiene Committee;

III. Request the trade union or, where there is no trade union, the workers, to appoint their representatives to take part in the Safety and Hygiene Committee;

IV. Provide the Safety and Hygiene Committee with the Occupational Safety and Health Diagnosis;

V. Hold the programme and the minutes of the verification walk-rounds of the Safety and Hygiene Committee;

VI. Support the investigation of Occupational Accidents and Diseases carried out by the Safety and Hygiene Committee;

VII. Give workers facilities for the performance of their functions as members of the Safety and Hygiene Committee;

VIII. Act on and follow up the measures proposed by the Safety and Hygiene Committee to prevent Occupational Accidents and Diseases;

IX. Make known among the workers of the Workplace, by any means: a) the up-to-date list of the members of the Safety and Hygiene Committee; b) the results of the investigations into Occupational Accidents and Diseases, and c) the measures proposed by the Safety and Hygiene Committee relating to the prevention of Occupational Accidents and Diseases; and

X. Provide training to the members of the Safety and Hygiene Committee for the proper performance of their functions.

Article 46. The Ministry, with the participation of employers and of workers or their representatives, shall promote the establishment and functioning of the Safety and Hygiene Committees. To comply with the preceding paragraph, the Ministry may request the assistance of the Labour Authorities of the federal states.

Article 47. The Safety and Hygiene Committees shall be established within a period of no more than ninety calendar days, counted from the date on which the Workplace begins operations.

Article 48. For the provision of the Preventive Occupational Safety and Health Services, employers shall:

I. Have an Occupational Safety and Health Diagnosis;

II. Have an Occupational Safety and Health Programme, drawn up in accordance with that diagnosis;

III. Give instructions that the following be incorporated into the Occupational Safety and Health Programme: a) the Preventive and Corrective Actions to be implemented for each Risk identified in that diagnosis; b) the actions and programmes to promote the health of workers and prevent addictions recommended or laid down by the competent authorities, and c) the relevant actions for responding to health emergencies and contingencies recommended or laid down by the competent authorities;

IV. Designate a person responsible, internal or external, for providing the Preventive Occupational Safety and Health Services;

V. Follow up the progress in putting the Occupational Safety and Health Programme into effect;

VI. Bring the Occupational Safety and Health Diagnosis and the content of the Occupational Safety and Health Programme to the attention of the Safety and Hygiene Committee and of the workers;

VII. Train the personnel of the Workplace who form part of the Preventive Occupational Safety and Health Services for the proper performance of their functions; and

VIII. Keep the records of the follow-up of the progress in putting the Occupational Safety and Health Programme into effect. The various applicable Risk studies and analyses required by this Regulation shall form part of the Occupational Safety and Health Diagnosis referred to in section I above.

Article 49. For the provision of the Preventive Occupational Medicine Services, employers shall:

I. Have Preventive Occupational Medicine Services, which may be provided internally or externally, in the latter case through public social security institutions;

II. Obtain the opinion of the internal Preventive Occupational Medicine Services on the actions and programmes to promote the health of workers and prevent addictions;

III. Provide the internal Preventive Occupational Medicine Services with the medicines, dressing materials and equipment essential for them to give medical care and first aid in the Workplace promptly and effectively;

IV. Put in place and follow up the actions and programmes to promote the health of workers and prevent addictions;

V. Give full autonomy to the physicians providing these services to certify the fitness of workers to resume their work, and to give an opinion on the degree of incapacity; and

VI. Support the continuing professional development of those in charge of the internal Preventive Occupational Medicine Services, where appropriate. The characteristics and arrangements for the provision of these services shall be determined according to the nature and number of Occupationally Exposed Personnel of the Workplaces, as well as their social security regime, in accordance with the Act.

Article 50. The physicians of the Preventive Occupational Medicine Services shall be required to communicate to the employer the results of the medical examinations, as regards the fitness for work of workers to resume their work after an Occupational Accident or at the end of medical care, with full respect for the confidentiality required by medical ethics. The physicians providing the internal Preventive Occupational Medicine Services shall support the guidance and, where appropriate, training of workers in Risk prevention matters.

Article 51. For the selection and use of Personal Protective Equipment, employers shall:

I. Carry out the identification and analysis of the Risks to which workers are exposed for each workstation or area of the Workplace;

II. Determine the Personal Protective Equipment that workers are to use, according to the Risks to which they are exposed;

III. Verify that the Personal Protective Equipment holds certification issued by a certification body, or the manufacturer's warranty that it protects against the Risks for which it was produced;

IV. Provide the Personal Protective Equipment required on the basis of the number of Occupationally Exposed Personnel;

V. Have sufficient Personal Protective Equipment available for emergency response;

VI. Have the manufacturer's indications, instructions or procedures for its use, inspection, replacement, cleaning, limitations, maintenance, safekeeping and final disposal;

VII. Identify and mark with signs the areas where its use is mandatory;

VIII. Supervise that workers use it during the working day;

IX. Inform workers of the Risks to which they are exposed by workstation or area of the Workplace;

X. Train and instruct workers in the use, inspection, replacement, cleaning, limitations, maintenance, safekeeping and final disposal of the Personal Protective Equipment; and

XI. Keep the records on the use, inspection, replacement, cleaning, limitations, maintenance, safekeeping and final disposal of the Personal Protective Equipment.

Article 52. With regard to the use of occupational safety and health signs and the identification of Risks from fluids carried in pipework, employers shall:

I. Identify by means of signs the location of emergency equipment or installations; the existence of Risks or hazards; the performance of a mandatory action, and the prohibition of an act liable to cause a Risk;

II. Identify the Risk of the fluids carried in pipework, in accordance with the specialised Standard;

III. Identify the ionising radiation sources;

IV. Position the signs in such a way that they can be seen and interpreted by the workers for whom they are intended; and

V. Train workers in the meaning of the signage elements.

Article 53. For the identification and communication of hazards and Risks from Hazardous Chemical Substances, employers shall:

I. Have the safety data sheets in Spanish for all the Hazardous Chemical Substances used in the Workplace and make them available to workers;

II. Mark with signs the tanks, containers and areas holding Hazardous Chemical Substances or their waste, in accordance with the hazard and Risk identification and communication system determined by the relevant Standard;

III. Inform the Personnel Occupationally Exposed to Hazardous Chemical Substances of the hazards and Risks to which they are exposed;

IV. Train and instruct the workers who handle Hazardous Chemical Substances in the hazard and Risk identification and communication system; and

V. Keep the records on the information and training provided to workers.

Article 54. For the safety management of processes and critical equipment where Hazardous Chemical Substances are handled, employers shall:

I. Have an analysis of the Risks associated with each of the processes and critical equipment where Hazardous Chemical Substances that may cause major accidents are handled;

II. Establish safety procedures for the operation, inspection, maintenance, repair, alteration and emergency shutdown of the critical equipment;

III. Manage the Risks of the processes and critical equipment, their mechanical integrity and the implementation of changes;

IV. Have an emergency response plan;

V. Have a programme of internal audits for the review of the processes and critical equipment;

VI. Have a procedure for the investigation of major accidents;

VII. Maintain the information system on the processes and critical equipment;

VIII. Inform workers and contractors of the Risks related to their activities;

IX. Train workers in the operation, inspection, maintenance, repair, alteration and emergency shutdown of the critical equipment; the carrying-out of hazardous work; emergency response; the conduct of internal audits, and the investigation of major accidents;

X. Issue written authorisations (permits to work) for carrying out hazardous work; and

XI. Keep the records on the operation, inspection, maintenance, repair, alteration and emergency shutdown of the critical equipment; the temporary or permanent changes in the Hazardous Chemical Substances, technologies, processes and equipment; the Control Measures applied; the personnel authorised to carry out hazardous work; the training provided; the internal audits, and the major accidents. The analysis referred to in section I above may be evidenced by the environmental risk study submitted under article 147 of the General Act on Ecological Balance and Environmental Protection and, where applicable, the accident prevention programme approved under that legal instrument.

Article 55. For the promotion of a Favourable Organisational Environment and the prevention of Workplace Violence, employers shall:

I. Define policies for the promotion of a Favourable Organisational Environment and the prevention of Workplace Violence;

II. Provide secure and confidential mechanisms for receiving complaints about practices contrary to a Favourable Organisational Environment and for reporting acts of Workplace Violence;

III. Carry out assessments of the Favourable Organisational Environment, in the case of Workplaces with more than 50 workers;

IV. Adopt the relevant preventive measures to combat practices contrary to a Favourable Organisational Environment and acts of Workplace Violence;

V. Make known among the workers the policies for the promotion of a Favourable Organisational Environment and the prevention of Workplace Violence; the results of the assessments of the Organisational Environment, and the measures adopted to combat practices contrary to a Favourable Organisational Environment and acts of Workplace Violence; and

VI. Keep the records on the preventive measures adopted and on the results of the assessments of the Favourable Organisational Environment.

Chapter Four

Specialised Provisions for Occupational Safety and Health

Article 56. The Ministry may issue specific occupational safety and health Standards in the case of those branches or economic activities with particular characteristics that warrant differentiated treatment or that have a higher rate of Occupational Accidents, incapacities or deaths.

TITLE FOUR

Special Precautions in Occupational Safety and Health Matters

Chapter One

Protection of Pregnant or Breastfeeding Women

Article 57. The purpose of the provisions of this Chapter is to protect the physical integrity and health of women who are pregnant or breastfeeding, and the unborn child.

Article 58. It is prohibited to assign pregnant women to the following work:

I. Where they are exposed to noise or vibration exceeding the exposure limits;

II. Entailing exposure to sources of ionising radiation and of infrared or ultraviolet non-ionising radiation;

III. With abnormal ambient pressures or high or low thermal conditions;

IV. Exposing them to Contaminants of the Working Environment that may affect their health or that of the unborn child;

V. Where toxic, carcinogenic, teratogenic or mutagenic substances are handled, transported, stored or processed;

VI. In which they are exposed to hazardous waste, biological agents or infectious and contagious diseases;

VII. Demanding moderate and heavy physical effort; loads of more than ten kilograms; forced postures; or repetitive movements over prolonged periods entailing abdominal or lower-limb effort;

VIII. Rescue, salvage and disaster response teams;

IX. At height or in Confined Spaces;

X. Welding and cutting;

XI. In extreme weather conditions in the open field, exposing them to dehydration, heat stroke, hypothermia or freezing;

XII. In the production activities of the gas, cement, mining, iron and steel, oil, nuclear and electricity industries;

XIII. On drilling rigs or offshore platforms;

XIV. Underwater and underground; and

XV. Any other work established as hazardous or unhealthy in the applicable acts, regulations and Standards.

Article 59. Women who perform their duties or carry out the work referred to in the preceding article shall inform the employer that they are pregnant immediately after they become aware of the fact, so that the employer may temporarily reassign them to other activities that are not hazardous or unhealthy.

Article 60. The work of breastfeeding women shall not be used in duties where there is exposure to Hazardous Chemical Substances capable of acting on the life and health of the breastfed child or of interrupting breastfeeding.

Chapter Two

Protection of Young Workers

Article 61. The purpose of the provisions of this Chapter is to protect the physical integrity and health of the young workers referred to in Title Five bis of the Act.

Article 62. Under article 176 of the Act, it is prohibited to assign young workers to the following duties:

I. In which they are exposed to noise, vibration, ionising and non-ionising, infrared or ultraviolet radiation, high or low thermal conditions or abnormal ambient pressures;

II. Entailing the handling, transport, storage or dispensing of Hazardous Chemical Substances;

III. Where they are exposed to chemical agents that are Contaminants of the Working Environment;

IV. In which they are exposed to hazardous waste, biological agents or infectious and contagious diseases;

V. Where they are exposed to contact with dangerous fauna or harmful flora;

VI. Industrial night work;

VII. As trimmers or stokers on ships;

VIII. Demanding moderate and heavy physical effort; loads of more than seven kilograms; forced postures; or repetitive movements over prolonged periods that harm their musculoskeletal system;

IX. Rescue, salvage and disaster response teams;

X. Requiring the handling, operation and maintenance of mechanical, electrical, pneumatic or motorised machinery, equipment or tools that may cause amputations, fractures or serious injuries;

XI. Using sharp or pointed hand tools;

XII. Requiring the handling of motor vehicles, including their mechanical and electrical maintenance;

XIII. At height or in Confined Spaces;

XIV. Relating to the operation, inspection, maintenance and testing of pressure vessels, cryogenic vessels and steam generators or boilers;

XV. Welding and cutting;

XVI. In establishments in which critical equipment and processes are operated where Hazardous Chemical Substances that may cause major accidents are handled;

XVII. In extreme weather conditions in the open field, exposing them to dehydration, heat stroke, hypothermia or freezing;

XVIII. Carried out on roads with a high volume of vehicle traffic (primary routes);

XIX. In agricultural, forestry, sawmilling, silvicultural, hunting and fishing activities;

XX. On ships;

XXI. In mines;

XXII. Underwater and underground;

XXIII. In the production activities of the gas, cement, mining, iron and steel, oil and nuclear industries;

XXIV. In the production activities of the brick, glass, ceramics and wax industries;

XXV. In the production activities of the tobacco industry;

XXVI. Relating to the generation, transmission and distribution of electricity and the maintenance of electrical installations;

XXVII. On construction sites;

XXVIII. Having direct responsibility for the care of persons or the custody of goods and valuables;

XXIX. With a high degree of difficulty; under time pressure; demanding a high level of responsibility; or requiring sustained concentration and attention; and

XXX. Any other duties determined as hazardous or unhealthy in the applicable acts, regulations and Standards.

Article 63. Employers shall observe the obligations relating to the work of young persons in occupational safety and health matters, in accordance with the provisions of the Act.

Chapter Three

Workers with Disabilities

Article 64. The purpose of the provisions of this Chapter is to protect the physical integrity and health of Workers with Disabilities.

Article 65. In Workplaces where Workers with Disabilities are employed, employers shall:

I. Carry out the Risk analysis to determine the compatibility of the workstation to be occupied by Workers with Disabilities;

II. Include in the Occupational Safety and Health Programme the Preventive and Corrective Actions to be implemented for the prevention of Risks to Workers with Disabilities;

III. Have suitable installations for access and for the carrying-out of activities by persons with disabilities, in Workplaces with more than 50 workers;

IV. Adopt the use of prohibition, mandatory-action, warning and information signs that are accessible to their Workers with Disabilities;

V. Make the modifications and adaptations necessary in their installations, processes and workstations, so as to guarantee that they can perform their work safely;

VI. Have occupational safety and health conditions that allow them to carry out their activities and, where appropriate, to move and travel to shelter and safety zones in the event of an emergency;

VII. Provide in the emergency response plans for the alerting, evacuation and support to be given to workers and visitors who have any type of disability;

VIII. Provide Workers with Disabilities with information on the Risks and the safety measures to be adopted in their work area; and

IX. Train Workers with Disabilities in the carrying-out of their activities and in how to act in the event of an emergency.

Chapter Four

Agricultural Workers

Article 66. The purpose of the provisions of this Chapter is to protect the physical integrity and health of Agricultural Workers.

Article 67. For carrying out the work proper to agricultural, livestock, aquaculture, forestry or mixed holdings, employers shall:

I. Bring to the workers' attention the safety instructions for the activities they carry out, in their own language or dialect, or by means of graphics or pictograms;

II. Supply protective items and rehydrating liquids to the Personnel Occupationally Exposed to solar radiation;

III. Provide temporary drinking-water and sanitary facilities at the place where they carry out their activities;

IV. Provide Agricultural Workers with comfortable and hygienic accommodation;

V. Keep at the workplace the antidotes necessary against the effects of the plant-health inputs or pesticides and plant-nutrition inputs or fertilisers used, and against bites and stings from venomous animals;

VI. Have the equipment and medicines necessary to treat the worker in the event of heat stroke or severe dehydration;

VII. Provide safe transport for taking workers from their accommodation to the crop field and back;

VIII. Carry out pre-employment, periodic and special medical examinations to evaluate the health of the workers; and

IX. Provide information on the Risks to which they are exposed and instruction on the machinery, equipment and tools to be used, in their own language or dialect.

Chapter Five

Health Promotion and Addiction Prevention in Workplaces

Article 68. The Ministry shall advise the Workplaces on the actions and programmes for health promotion and addiction prevention to be incorporated into the Occupational Safety and Health Programme. For those purposes, it shall issue and keep up to date the Guide of Recommendations for Health Promotion and Addiction Prevention in Workplaces.

Article 69. The actions for health promotion and addiction prevention promoted in Workplaces shall be developed under the following guiding principles:

I. To be regarded as part of an integrated occupational safety and health strategy;

II. To tend towards reducing Risk factors and to strengthen the actions to change lifestyles that may affect the health of workers;

III. To be universal and equitable and to be provided with quality, in accordance with the different needs of workers throughout their working life;

IV. To seek to form mutual-help groups;

V. To encourage the participation of workers in caring for their own health, by granting incentives and awards for the achievement of healthy practices;

VI. To guarantee absolute confidentiality as regards the state of health and addictions of their workers;

VII. To avoid discrimination against workers with illnesses or addictions; and

VIII. To respect labour rights and employment opportunities, irrespective of the state of health of their workers, provided that their life, health and physical integrity, or that of the other workers, is not placed at Risk.

Article 70. The actions contained in the Guide of Recommendations for Health Promotion and Addiction Prevention in Workplaces shall be indicative, and therefore each Workplace, according to its activity, economic scale, degree of Risk, availability of space and geographical location, shall adapt and apply it so as to contribute to health promotion and addiction prevention. The foregoing is without prejudice to the occupational safety and health obligations applicable to them, among them those relating to the actions on this matter to be incorporated into the Occupational Safety and Health Programmes; to the maintenance and cleaning services provided; and to the rights of pregnant and breastfeeding women, as well as to the duties restricted for them.

TITLE FIVE

Occupational Accidents and Diseases

Chapter One

Classification and Valuation of Occupational Accidents and Diseases

Article 71. On the basis of article 513 of the Act, the Ministry, having first obtained the opinion of the National Advisory Commission on Occupational Safety and Health, shall update the tables of Occupational Diseases and of the valuation of the permanent incapacities resulting from occupational Risks.

Article 72. Occupational Diseases shall be classified into the following groups:

I. Infectious and parasitic diseases;

II. Cancers of occupational origin;

III. Diseases of the circulatory system, of the blood and of the haematopoietic organs;

IV. Mental disorders;

V. Diseases of the respiratory system;

VI. Diseases of the digestive system;

VII. Diseases of the skin and subcutaneous tissue;

VIII. Diseases of the musculoskeletal system and connective tissue;

IX. Poisonings;

X. Diseases of the eye and of the ear; and

XI. Endocrine and genitourinary diseases.

Article 73. The table of Occupational Diseases shall contain:

I. The identification data of the disease: its name and code, on the basis of the international classification of diseases in force;

II. The physical, chemical or biological agents or those Ergonomic or Psychosocial Risk Factors that are work-related and may cause the disease;

III. The economic activities and workstations exposed to the agents or Factors mentioned;

IV. The main symptoms and signs for establishing the clinical diagnosis of the disease;

V. The studies necessary to support the clinical diagnosis;

VI. The characteristics of the occupational exposure;

VII. The criteria for establishing the causal relationship of the disease; and

VIII. The proposed valuation for each of the impairments, based on the studies supporting the clinical diagnosis.

Article 74. The table for the valuation of permanent incapacities shall contain the part, apparatus or system of the body affected; the sequela of the Occupational Accident or Disease, and the percentage of incapacity applicable for each type of condition.

Article 75. The tables of Occupational Diseases and of the valuation of permanent incapacities shall be the subject of research and study, so as to incorporate:

I. The diseases, existing or new, that are supported by their relationship with the work and the harm to the worker's health;

II. The workers determined also to be exposed by reason of the type of activity and the harm to their health;

III. The most recent clinical and laboratory elements for making the diagnosis and evaluating Occupational Diseases; and

IV. The methodological advances for valuing the residual capacity of workers in terms of their quality of life and fitness for work. For their research and study, working groups shall be set up, reporting to the National Advisory Commission on Occupational Safety and Health, with the participation of experts, including clinical and occupational medicine specialists, academics and researchers, as well as expert medical assessors of the Federal Conciliation and Arbitration Board.

Chapter Two

Notices of Occupational Accidents and Diseases

Article 76. Employers shall give notice to the Ministry, in writing or electronically, of the Occupational Accidents that occur within the following 72 hours, in accordance with article 504, section V of the Act. That notice may be given by the worker to the public social security institution with which the worker is registered, or by the worker's family members if the worker is incapacitated from doing so, where the employer does not give it within the period indicated above. Likewise, the worker or the worker's family members may give the notice referred to in the preceding paragraph to the Ministry, on the terms and conditions laid down in the corresponding regulations. The public social security institutions shall inform the Ministry electronically of the notices of Occupational Accidents submitted by employers or, where applicable, by workers or their family members, on the terms and conditions laid down in the corresponding regulations. Employers shall be released from giving that notice to the Ministry where they submit it to the public social security institution with which the worker is registered by provision of law, within the period referred to in the preceding paragraph.

Article 77. As soon as employers become aware of the death of a worker from an occupational Risk, they shall give notice to the Ministry, in writing or electronically, in accordance with article 504, section VI of the Act.

Article 78. The public social security institutions shall inform the Ministry electronically of the Occupational Diseases of which they become aware in connection with the medical care they provide to insured workers. That information shall be submitted on the terms and conditions indicated in the regulations on the subject.

Article 79. The Ministry, through the Directorate-General for Labour Research and Statistics, shall keep the national statistics on Occupational Accidents and Diseases, in accordance with the general guidelines established on that subject by the National Institute of Statistics and Geography. The foregoing is intended to allow their causes to be analysed and the adoption of the appropriate preventive measures to be proposed.

TITLE SIX

Support to Facilitate Knowledge of and Compliance with Occupational Safety and Health Regulations

Chapter One

Multimedia Courses and Modules for Self-Management in Occupational Safety and Health

Article 80. The Ministry shall make available to interested parties multimedia courses that facilitate knowledge of the Standards and reduce the costs associated with their dissemination, training and application. Those courses shall be aimed at, among others, managerial, supervisory and operational personnel of the Workplaces; members of the Safety and Hygiene Committees and of the Preventive Occupational Safety and Health Services and, where applicable, of the Occupational Medicine Services; trade union and employer representatives; federal and local labour inspectors; Private Bodies; technical and higher education students, teachers and researchers of educational institutions, and consultants in the field.

Article 81. The Ministry shall make available to the obliged parties the following software modules:

I. Assistant for the Identification of Official Mexican Standards on Occupational Safety and Health: facilitates the search for the applicable Standards, on the basis of the economic activity, scale and Risk factors associated with the production processes of each Workplace;

II. Advice for the Implementation of Occupational Safety and Health Management Systems: provides an outline with the essential elements for implementing Occupational Safety and Health Management Systems, as well as for following up the progress in putting them into operation;

III. Evaluation of the Functioning of Occupational Safety and Health Management Systems: provides performance indicators and criteria for assessing the functioning of this type of system, with the consequent Preventive and Corrective Actions to be implemented in the Workplaces;

IV. Evaluation of Compliance with Occupational Safety and Health Regulations: allows a review to determine the degree of compliance with the Standards, as well as the Preventive and Corrective Actions to be adopted;

V. Preparation of Occupational Safety and Health Programmes: makes it possible to compile and follow up the Occupational Safety and Health Programmes, on the basis of the evaluation of the functioning of the Occupational Safety and Health Management Systems and of compliance with the Standards;

VI. Identification and Control of Personal Protective Equipment: supports the selection of this type of equipment, in accordance with the analysis of the Risks to which workers are exposed, as well as the control of its use, inspection, cleaning, maintenance, replacement, safekeeping and final disposal;

VII. Recognition, Assessment and Control: makes it possible to identify and measure the agents that are Contaminants of the Working Environment which, by their properties, concentration, level and time of exposure, may affect the health of workers, and to adopt the relevant Control Measures;

VIII. Pressure Vessels, Cryogenic Vessels and Steam Generators or Boilers: facilitates the compilation of the list and files of the equipment held by the Workplace; of the records on its operation, inspection, maintenance and testing; as well as the drawing up and giving of the notices to be submitted to the Ministry on its functioning;

IX. Follow-up of Workers' Health: provides the elements necessary for the follow-up and surveillance of workers' health through the carrying-out of medical examinations; and

X. Administrative Records: provides prototypes for the continuous electronic measurement of activities related to the operation, inspection, maintenance and testing of installations, systems, processes, machinery, equipment and tools, as well as of other actions established by the regulations. The Ministry shall, through its website, make available to the obliged parties an electronic portal with the modules mentioned above, to which it may add further modules that facilitate the application of the regulations.

Chapter Two

Occupational Safety and Health Self-Management Programme

Article 82. The Occupational Safety and Health Self-Management Programme is a promotional action of the Ministry whose purpose is to encourage undertakings to implement and operate Occupational Safety and Health Management Systems, with the shared responsibility of employers and workers, on the basis of national and international standards and grounded in the regulations in force, so as to foster the operation of safe and hygienic Workplaces.

Article 83. The Occupational Safety and Health Self-Management Programme shall be open to any type of Workplace, with priority for high-risk economic activities. Employers may voluntarily enrol their Workplaces in the Occupational Safety and Health Self-Management Programme. The Occupational Safety and Health Self-Management Programme shall be applied by Workplace, and shall include the contractor undertakings which, where applicable, carry out work related to the main activity within the installations of the Workplace itself. The Workplaces enrolled in the Occupational Safety and Health Self-Management Programme shall be subject to initial and comprehensive evaluations by the Labour Authority, as well as to extraordinary occupational safety and health inspections where they are temporarily removed from the programme.

Article 84. The Ministry shall issue the General Operating Guidelines of the Occupational Safety and Health Self-Management Programme, which shall provide for the following:

I. The procedure and requirements for enrolling Workplaces in the Occupational Safety and Health Self-Management Programme;

II. The types of awards to be granted;

III. The criteria and parameters according to which they shall be granted; and

IV. The criteria for remaining enrolled in the Occupational Safety and Health Self-Management Programme, if the comprehensive evaluations are passed within the periods provided for that purpose.

Article 85. The Ministry shall temporarily remove Workplaces from the Occupational Safety and Health Self-Management Programme on the following grounds:

I. An explosion, fire, spillage of chemical products or any other disaster occurs that harms the physical integrity or health of workers or affects the production processes;

II. Serious Occupational Accidents occur, involving permanent incapacity or death; or

III. Well-founded complaints are made by the Safety and Hygiene Committee, by trade union representatives or by workers concerning failure to comply with the agreements set out in the voluntary commitment or with the Standards. On those grounds, the Labour Authority shall carry out extraordinary occupational safety and health inspections and shall lay down the preventive or corrective measures to be implemented. Workplaces temporarily removed from the Occupational Safety and Health Self-Management Programme may be reinstated where they have implemented all the preventive or corrective measures laid down by the Labour Authority in the extraordinary inspections, within the period it sets for that purpose and, where applicable, once the administrative penalty procedure has been concluded.

Article 86. The Ministry shall permanently remove Workplaces from the Occupational Safety and Health Self-Management Programme where they:

I. Fail to comply with the measures laid down by the Labour Authority following the extraordinary occupational safety and health inspections;

II. Do not pass the comprehensive evaluations, nor obtain the corresponding awards, within the periods indicated by the General Operating Guidelines of the Occupational Safety and Health Self-Management Programme for remaining in the programme;

III. So request in writing;

IV. Cease activities;

V. Change economic activity;

VI. Change their name or company name and the directors are not interested in continuing to take part in the programme;

VII. Merge with another undertaking and the directors are not interested in continuing to take part in the programme; or

VIII. Change address. Workplaces may re-enrol in the Occupational Safety and Health Self-Management Programme one year after the permanent removal has been notified, except in cases where they have been permanently removed more than twice.

TITLE SEVEN

Consultation Mechanisms and Risk Prevention

Chapter One

National Advisory Commission on Occupational Safety and Health

Article 87. The purpose of the National Advisory Commission on Occupational Safety and Health is to contribute to the design of national policy on occupational safety and health; to propose amendments and additions to this Regulation and to the Standards, and to study and recommend preventive measures to reduce Risks in the Workplaces.

Article 88. The National Advisory Commission on Occupational Safety and Health shall be composed of two representatives of the Ministry; one representative each of the Ministry of Health, the Ministry of the Interior, the Ministry of the Environment and Natural Resources and the Mexican Social Security Institute; as well as six representatives of the national workers' organisations and an equal number of representatives of the employers' organisations convened by the head of the Ministry, who shall act as Chair of that Commission. A substitute shall be designated for each full member. The Chair of the National Advisory Commission on Occupational Safety and Health may invite representatives of the public, social or private sectors, academic institutions, professional associations or experts to take part in its sessions, with the right to speak but not to vote, where matters within their remit, speciality or interest are dealt with. The National Advisory Commission on Occupational Safety and Health shall have a Technical Secretariat, which shall be the responsibility of the Ministry and whose task shall be to support the Commission in fulfilling its purpose.

Article 89. The National Advisory Commission on Occupational Safety and Health shall be responsible for:

I. Contributing to the formulation of national policy on occupational safety and health;

II. Defining the strategies to encourage Workplaces to have the occupational safety and health conditions that make it possible to prevent Risks;

III. Giving an opinion on the preliminary drafts of Standards, where the Ministry so requests; proposing the preliminary drafts of Standards it considers appropriate, as well as the amendment or cancellation of those in force;

IV. Proposing to the Ministry draft regulatory amendments and additions in the field;

V. Analysing and giving an opinion on the proposals for preliminary drafts of Standards drawn up by the State and Federal District Advisory Commissions on Occupational Safety and Health and submitting them for the consideration of the Minister of Labour and Social Welfare, in the capacity of Chair of the National Advisory Commission on Occupational Safety and Health;

VI. Analysing the frequency and severity rates of Occupational Accidents and Diseases at national level;

VII. Carrying out studies and proposing preventive measures to reduce Risks;

VIII. Promoting the mechanisms for self-assessment of compliance with the Standards;

IX. Promoting the carrying-out of occupational safety and health programmes and campaigns for the prevention of Risks;

X. Giving an opinion on the tables of Occupational Diseases and of the valuation of permanent incapacities;

XI. Making recommendations on the occupational risk insurance premium and on other mechanisms related to the financing of Risk prevention;

XII. Keeping informed of the actions developed by other departments and public institutions that complement those carried out by the Ministry for the protection of the safety and health of workers;

XIII. Fostering the training of technicians and specialists in occupational safety and health;

XIV. Supporting the dissemination of the regulatory framework for the prevention of Occupational Accidents and Diseases;

XV. Giving an opinion on the guiding criteria and priorities of the occupational safety and health inspection programme;

XVI. Keeping informed of the performance of the Private Bodies;

XVII. Promoting scientific and technical cooperation on occupational safety and health with national and international institutions;

XVIII. Drawing up its annual programme of activities and following it up;

XIX. Issuing its rules of procedure, which shall establish its organisation and functioning; and

XX. Any other tasks entrusted to it by the Chair of the National Advisory Commission on Occupational Safety and Health.

Article 90. The National Advisory Commission on Occupational Safety and Health shall hold ordinary and extraordinary sessions. Ordinary sessions shall be convened by the Chair, and extraordinary sessions may be convened by the Chair or at the request of at least three of its members.

Article 91. The National Advisory Commission on Occupational Safety and Health may set up subcommissions and working groups for the performance of the functions entrusted to it. The work of the subcommissions and working groups shall be chaired by public servants of the Ministry. The subcommissions and working groups shall be composed of the representatives designated by the members of the National Advisory Commission on Occupational Safety and Health, as well as of the entities and organisations connected with the studies and projects for which they were set up. The studies and projects drawn up by the working groups shall first be approved by the subcommissions and shall then be submitted to the plenary of the National Advisory Commission on Occupational Safety and Health.

Article 92. The Ministry shall make available to the general public, on its website, an electronic portal with information on the members of the National Advisory Commission on Occupational Safety and Health; its rules of procedure; the annual programme of activities and progress on it; the diagnoses, studies and proposals made in occupational safety and health matters; the ordinary and extraordinary sessions held; and the matters dealt with at those sessions, with the corresponding supporting documentation, among other aspects.

Chapter Two

State and Federal District Advisory Commissions on Occupational Safety and Health

Article 93. The State and Federal District Advisory Commissions on Occupational Safety and Health referred to in article 512-B of the Act shall include one representative each of the Ministry, the Ministry of Health, the Ministry of the Interior, the Ministry of the Environment and Natural Resources and the Mexican Social Security Institute, as well as at least three representatives of the workers' organisations and an equal number of representatives of the employers' organisations. The function of Technical Secretary in each State Advisory Commission, including that of the Federal District, shall be performed by the representative of the Ministry.

Article 94. The Ministry shall establish the coordination mechanisms necessary to receive from the State and Federal District Advisory Commissions the proposals on:

I. Contributing to the formulation of state policy on occupational safety and health;

II. Defining the strategies to encourage Workplaces to have the occupational safety and health conditions that make it possible to prevent Risks;

III. Proposing the preliminary drafts of Standards they consider appropriate, as well as the amendment or cancellation of those in force;

IV. Analysing the frequency and severity rates of Occupational Accidents and Diseases;

V. Carrying out studies and proposing preventive measures to reduce Risks;

VI. Promoting the mechanisms for self-assessment of compliance with the Standards;

VII. Promoting the carrying-out of occupational safety and health programmes and campaigns for the prevention of Risks;

VIII. Keeping informed of the actions developed by other departments and public institutions that complement those carried out by the Ministry for the protection of the safety and health of workers;

IX. Fostering the training of technicians and specialists in occupational safety and health;

X. Supporting the dissemination of the regulatory framework for the prevention of Occupational Accidents and Diseases;

XI. Giving an opinion on the guiding criteria and priorities of the occupational safety and health inspection programme;

XII. Drawing up their annual programme of activities and following it up;

XIII. Issuing their rules of procedure, which shall establish their organisation and functioning; and

XIV. Any other tasks entrusted to them by the Chair of the State or Federal District Advisory Commission.

Article 95. The federal labour delegates of the Ministry who perform the functions of Technical Secretariats of the State and Federal District Advisory Commissions on Occupational Safety and Health shall make available to the general public, on the corresponding electronic portal of the Ministry's website, information on the members of the State and Federal District Advisory Commissions on Occupational Safety and Health; their rules of procedure; the annual programmes of activities and progress on them; the diagnoses, studies and proposals made in occupational safety and health matters; the ordinary and extraordinary sessions held; and the matters dealt with at those sessions, with the corresponding supporting documentation, among other aspects.

Chapter Three

National Advisory Committee for Standardisation in Occupational Safety and Health

Article 96. The National Advisory Committee for Standardisation in Occupational Safety and Health is the body empowered to draw up the draft Standards and to promote compliance with them.

Article 97. The National Advisory Committee for Standardisation in Occupational Safety and Health shall be composed of one representative of the Ministry, who shall act as its Chair; a Technical Secretary, who shall be designated by the Chair of the National Advisory Committee for Standardisation in Occupational Safety and Health; and one representative each of the Ministries of the Interior, of the Environment and Natural Resources, of Energy, of Economy and of Health, of the Mexican Social Security Institute, of the National Autonomous University of Mexico and of the National Polytechnic Institute. In addition, the Committee shall include four representatives of the workers' organisations and an equal number of representatives of the employers' organisations, as determined by its general operating guidelines. The Chair of the National Advisory Committee for Standardisation in Occupational Safety and Health may invite representatives of the public, social or private sectors, academic institutions, professional associations or experts to take part in its sessions, with the right to speak but not to vote, where matters within their remit, speciality or interest are dealt with. The representatives referred to in the second and third paragraphs of this article shall, with their prior express consent, take part on an honorary basis and shall not receive any salary or emolument for their service on the Committee.

Article 98. The National Advisory Committee for Standardisation in Occupational Safety and Health shall be responsible for:

I. Contributing to the compilation and implementation of the National Standardisation Programme;

II. Reviewing the Standards upon the end of their five-year period;

III. Proposing to the Ministry the issuing of Standards;

IV. Drawing up, reviewing and, where appropriate, approving the draft Standards;

V. Reviewing and, where appropriate, approving the regulatory impact statements of the draft Standards;

VI. Examining the comments made on the draft Standards published for public consultation and reviewing the corresponding replies;

VII. Reviewing and, where appropriate, approving the Standards;

VIII. Giving an opinion on the applications for authorisation to use alternative technologies, processes, equipment, procedures, mechanisms, test methods or materials in place of those established by the Standards;

IX. Coordinating its activity with other national advisory standardisation committees;

X. Coordinating and taking part in the harmonisation and alignment of the Standards with the standards of other countries;

XI. Answering the queries and dealing with the observations made to it on matters within its remit;

XII. Proposing the measures considered necessary for the better performance of its functions; and

XIII. Any other activity entrusted to it by the Ministry in matters within the remit of the National Advisory Committee for Standardisation in Occupational Safety and Health.

Article 99. The National Advisory Committee for Standardisation in Occupational Safety and Health shall hold ordinary or extraordinary sessions, which shall be convened by the Technical Secretary.

Article 100. The National Advisory Committee for Standardisation in Occupational Safety and Health may set up working groups so as to draw up preliminary drafts relating to the creation or amendment of Standards; to review the comments it receives on the drafts published for public consultation and propose the corresponding replies, and to analyse the applications for authorisation to use alternative technologies, processes, equipment, procedures, mechanisms, test methods or materials. Such working groups shall be coordinated by representatives of the Ministry. The working groups shall be composed of specialists from departments and entities of the Federal Public Administration, employers' and workers' organisations, representatives of the social or private sectors, academic institutions, as well as professional associations or experts, where matters within their remit, speciality or interest are dealt with. The representatives of the employers' and workers' organisations, of the social or private sectors, of academic institutions, as well as professional associations or experts, shall take part in the working groups on an honorary basis and shall not receive any salary or emolument for their service in those groups.

TITLE EIGHT

Monitoring and Verification of Compliance with the Regulations

Chapter One

Monitoring of Compliance with the Regulations

Article 101. The Ministry, through the Labour Authority, shall be responsible for the inspection and monitoring of compliance with the occupational safety and health provisions contained in this Regulation and in the Standards. To comply with the preceding paragraph, the Ministry may request the assistance of the Labour Authorities of the federal states, under article 512-F of the Act.

Article 102. The Ministry shall enter into collaboration agreements with those departments and public institutions of the Federal Public Administration that have powers in specific matters which also bear on the protection of the safety and health of workers, within the framework of the powers conferred on them by the applicable acts, so as to make criteria uniform, exchange experience and information and carry out joint inspection programmes.

Article 103. Where the Ministry detects failure by employers to comply with legal provisions in specific matters which also bear on the protection of the safety and health of workers, and whose application and monitoring falls to other departments and public institutions, it shall notify them for the appropriate legal purposes.

Article 104. The inspection function in occupational safety and health matters shall be carried out under the terms laid down in the Act, the Federal Administrative Procedure Act, the General Regulation on Labour Inspection and the Application of Penalties, and this Regulation.

Chapter Two

Conformity Assessment against the Standards

Article 105. Conformity Assessment against the Standards may be carried out through Private Bodies. The foregoing is without prejudice to the powers of the Ministry to carry out inspection visits in accordance with the Act and the implementing provisions.

Article 106. The approval of Private Bodies shall be carried out by the Ministry, on the basis of the Federal Act on Metrology and Standardisation and its implementing regulation, this Regulation and the guidelines issued by the Ministry on the matter. For those purposes, the Private Bodies shall be accredited by an accreditation entity, so as to demonstrate that they have the technical, material and human capacities required for the services they intend to provide, as well as the quality assurance procedures that guarantee the proper performance of their functions.

Article 107. Verification units may issue opinions only on the Standard or Standards for which they hold the approval of the Ministry. Where measurements or laboratory tests are required so as to verify compliance with a Standard, the corresponding Assessment shall be carried out only in accredited and approved laboratories, unless none exist for the specific measurement or test, in which case it may be carried out in other laboratories, preferably accredited ones. Certification bodies shall issue certificates of compliance with the Standards for the products, processes or services that require them, in accordance with the relevant Standards. The costs arising from the Conformity Assessment carried out by the Private Bodies shall be borne by the persons who have engaged their services.

Article 108. The Conformity Assessment of the aspects specified below shall be carried out by Private Bodies, in accordance with article 68 of the Federal Act on Metrology and Standardisation:

I. The safety conditions of pressure vessels, cryogenic vessels and steam generators or boilers, in accordance with the arrangements established in the specialised Standard;

II. The Assessment of the physical, chemical and biological contaminants of the working environment; and

III. The specifications of the Personal Protective Equipment.

Article 109. The opinions, results reports and certificates of compliance issued by the accredited and approved verification units, testing laboratories and certification bodies respectively shall be recognised by the Labour Authority by means of the registration number that the Ministry shall record on them, before they are delivered by the Private Body to the party that engaged its services for the Conformity Assessment of the Standards. The Standards issued by the Ministry shall establish the period of validity of the opinions, results reports and certificates for verifying compliance with the obligations contained in the Standards. Where no such period is established, those opinions, results reports and certificates shall have a validity of one year.

Article 110. Conformity Assessment against the Standards by the Private Bodies shall be subject to the Procedure for the Conformity Assessment of the Standards issued by the Ministry, as well as to the conformity assessment procedures contained in the Standards for which they were approved. The verification units, testing laboratories and certification bodies shall inform the Ministry of the opinions, results reports and certificates of compliance they respectively issue, on the basis of the guidelines issued by the Ministry on the matter.

Article 111. The Ministry may carry out evaluation visits to the Private Bodies, having first notified the corresponding visit order together with the evaluation plan, so as to ascertain that they comply with the provisions of the Federal Act on Metrology and Standardisation and its implementing regulation, this Regulation and the guidelines issued by the Ministry on the matter, as well as to confirm that their personnel and experts have the technical knowledge necessary and that they have the technical, material and human capacity and quality required for the services they provide. If the outcome of the visits carried out by the Ministry is satisfactory, the Private Body shall retain its approval. Otherwise, articles 112 and 113 of this Regulation shall apply.

Article 112. The Ministry may suspend, in part or in full, the approval of the Private Bodies to assess conformity against the Standards, in accordance with the Federal Act on Metrology and Standardisation. The suspension shall be partial where it applies to one of the Standards, to the scope of those Standards and/or to the personnel or experts covered by the approval, and full where the approval granted to the Private Body is interrupted in its entirety. Private Bodies may state whatever is in their interest within the ten working days following receipt of the notification of the initiation of the procedure for the partial or full suspension of the approval. Once that period has ended, and if the Private Body does not rebut the ground giving rise to it, the Ministry shall proceed to order the suspension. The suspension shall last for as long as the respective requirements or obligations are not met.

Article 113. The Ministry may revoke, in part or in full, the approval of the Private Bodies to assess conformity against the Standards, in accordance with the Federal Act on Metrology and Standardisation. The revocation shall be partial where it applies to one of the Standards, to the scope of those Standards and/or to the personnel or experts covered by the approval, and full where it covers the approval granted to the Private Body in its entirety. Private Bodies may state whatever is in their interest within the ten working days following receipt of the notification of the initiation of the procedure for the revocation of the approval. Once that period has ended, and if the Private Body does not rebut the ground giving rise to it, the Ministry shall proceed to order the revocation. Revocation of the approval shall entail a prohibition on carrying out the activities that had been approved, as well as on using any type of information or symbol referring to it.

TITLE NINE

Administrative Penalties

Article 114. Breaches of the precepts of this Regulation and of the Standards shall be penalised administratively by the Ministry, without prejudice to the penalties applicable under the Act or other legal or regulatory provisions.

Article 115. A fine of 50 to 100 times the general daily minimum wage in force in the Federal District shall be imposed on an employer who fails to evidence or produce, within the period set for that purpose by the Ministry and in accordance with the specifications laid down in the Standards, the following documents:

I. The Occupational Safety and Health Diagnosis, comprising the Risk studies and analyses required by articles 7, section I; 19, section I; 20, section I; 22, section I; 24, section I; 25, section I; 26, sections I and II; 30, section I; 31, sections I and II; 36, section I; 39, section I; 40, section I; 41, section I; 42, section I; 43, sections I and II; 48, section I; 51, sections I and II; 53, section I; 54, section I, and 55, section III of this Regulation;

II. The Occupational Safety and Health Programme referred to in articles 7, section II, and 48, section II of this Regulation; or

III. The specific programmes, manuals and procedures established by articles 7, section III; 18, section VI; 19, sections III to V, VII and XI; 20, sections II and III; 21, sections I, II and IX; 22, sections II, III and XVI; 23, section I; 24, sections II to IV; 25, sections II to V; 26, sections III to V; 30, sections II and III; 31, sections III to VI; 33, section I; 34, section I; 35, section I; 36, section II; 45, section V; 51, section VI; 54, sections II and IV to VI, and 55, section I of this Regulation.

Article 116. A fine of 50 to 500 times the general daily minimum wage in force in the Federal District shall be imposed on an employer who fails to evidence or produce, within the period set for that purpose by the Ministry and on the basis of the specifications laid down in the Standards, the documents relating to:

I. The establishment, composition, organisation and functioning of the Safety and Hygiene Committee and the granting of facilities for its operation, under articles 7, section IV; 45, sections I to IV and VI to VIII, and 47 of this Regulation;

II. The provision of the Preventive Occupational Safety and Health Services, in accordance with articles 7, section V, and 48, sections III to VI of this Regulation; or

III. The provision of the Preventive Occupational Medicine Services, where applicable, in accordance with articles 7, section V, and 49, sections I to V of this Regulation.

Article 117. A fine of 250 to 5000 times the general daily minimum wage in force in the Federal District shall be imposed on an employer who fails to evidence or produce, within the period set for that purpose by the Ministry and on the basis of the specifications determined by the Standards, the documentary or witness evidence relating to:

I. The dissemination of information to workers required by articles 7, section XI; 18, section XIII; 20, section VII; 21, section XI; 22, section XVII; 23, section VIII; 29, section V; 30, section XII; 31, section XVI; 33, section VIII; 34, section VII; 35, section VII; 36, section XVI; 37, section VIII; 38, section VIII; 40, section VIII; 41, section X; 42, section IV; 43, section V; 45, section IX; 51, section IX; 53, section III; 54, section VIII, and 55, section V of this Regulation;

II. The training and, where applicable, instruction of workers, referred to in articles 7, section XII; 19, section XVI; 20, section VIII; 21, section XII; 22, section XVIII; 23, section IX; 24, section XI; 25, section XIII; 26, section XVI; 29, section VI; 30, section XIII; 31, section XVII; 33, section IX; 34, section VIII; 36, section XVII; 37, section IX; 38, section IX; 39, section V; 40, section IX; 41, section XI; 42, section V; 51, section X; 52, section V; 53, section IV, and 54, section IX of this Regulation; or

III. The training of the personnel of the Workplace who form part of the Safety and Hygiene Committee and of the Preventive Occupational Safety and Health Services and, where applicable, support for the continuing professional development of those in charge of the internal Preventive Occupational Medicine Services, set out in articles 7, section XIII; 45, section X; 48, section VII, and 49, section VI of this Regulation.

Article 118. A fine of 50 to 2000 times the general daily minimum wage in force in the Federal District shall be imposed on an employer who fails to evidence or produce, within the period set for that purpose by the Ministry and in accordance with the specifications laid down by the Standards, the documents relating to:

I. The authorisations for carrying out hazardous activities or work, referred to in articles 7, section XIV; 24, section XII; 25, section XIV; 30, section XIV; 31, section XVIII; 41, section XII, and 54, section X of this Regulation;

II. The administrative records, in printed or electronic form, established in articles 7, section XV; 18, section XIV; 19, section XVII; 20, section IX; 21, section XIII; 22, section XIX; 23, section X; 24, section XIII; 25, section XV; 26, section XVII; 29, section VII; 30, section XV; 31, section XIX; 33, section X; 34, section IX; 35, section VIII; 36, section XVIII; 37, section X; 38, section X; 39, sections VI and VII; 40, section X; 41, section XIII; 42, section VI; 43, section VI; 48, section VIII; 51, section XI; 53, section V; 54, section XI, and 55, section VI of this Regulation;

III. The notices to the Ministry or to the social security institutions of the Occupational Accidents that occur, in accordance with articles 7, section XVI, and 76 of this Regulation;

IV. The notices to the Ministry of the deaths that occur as a result of Occupational Accidents and Diseases, on the basis of articles 7, section XVII, and 77 of this Regulation;

V. The notices relating to the operation of pressure vessels, cryogenic vessels and steam generators or boilers, referred to in articles 7, section XVIII, 27 and 28 of this Regulation; or

VI. The opinions, results reports and certificates of compliance in occupational safety and health matters provided for in article 7, section XIX of this Regulation.

Article 119. A fine of 50 to 3000 times the general daily minimum wage in force in the Federal District shall be imposed on an employer who fails to evidence or produce, within the period set for that purpose by the Ministry and in accordance with the specifications determined in the Standards, the documents on the aspects specified below:

I. The carrying-out of the Recognition, Assessment and Control of the Contaminants of the Working Environment, so as to keep the environmental conditions of the Workplace within the exposure limit values, in accordance with articles 7, section VIII; 33, sections II, IV and V; 34, sections II, IV and V; 35, sections III, IV and V; 36, sections IV, VIII and XII; 37, sections I, IV and V; 38, sections I, IV and V; 40, sections II, IV and V, and 41, sections II, V and VI of this Regulation;

II. The carrying-out of the medical examinations of the Occupationally Exposed Personnel, referred to in articles 7, section IX; 21, section X; 23, sections IV and VII; 24, section X; 33, section VII; 34, section VI; 35, section VI; 36, section XV; 37, section VII; 38, section VII; 39, section IV; 40, section VII; 41, section IX; 42, section III, and 43, section IV of this Regulation; or

III. The supply of the Personal Protective Equipment in accordance with the Risks to which workers are exposed, provided for in articles 7, section X; 19, section XV; 20, section VI; 21, section VIII; 22, section XII; 23, section VI; 24, section IX; 25, section XII; 30, section XI; 31, section XV; 33, section VI; 36, section XIV; 37, section VI; 38, section VI; 40, section VI; 41, section VII, and 51, sections IV and V of this Regulation.

Article 120. A fine of 250 to 5000 times the general daily minimum wage in force in the Federal District shall be imposed on an employer who fails to evidence or produce, within the period set for that purpose by the Ministry and on the basis of the specifications indicated by the Standards, compliance with the obligations cited below:

I. The display in visible places of the Workplace of the notices or signs to inform of, warn of and prevent Risks, laid down by articles 7, section VI; 18, section IV; 19, section VI; 24, section VII; 25, section VI; 31, section VIII; 33, section III; 34, section III; 37, section II; 38, section II; 40, section III; 41, section III; 51, section VII, and 52, sections I and IV of this Regulation;

II. The application, in the setting-up of their establishments, of the occupational safety and health measures provided for in articles 7, section VII; 18, sections I to III, V and VII to XII; 19, sections II, VIII to X and XII to XIV; 20, sections IV and V; 21, sections III to VII; 22, sections IV to XI and XIII to XV; 23, sections II, III and V; 24, sections V, VI and VIII; 25, sections VII to XI; 26, sections VI to XV; 29, sections I to IV; 30, sections IV to X; 31, sections VII and IX to XIV; 35, section II; 36, sections III, V to VII, IX to XI and XIII; 37, section III; 38, section III; 39, sections II and III; 41, sections IV and VIII; 42, section II; 43, section III; 51, sections III and VIII; 52, sections II and III; 53, section II; 54, sections III and VII, and 55, sections II and IV of this Regulation and the Standards, according to the nature of the work activities and processes; or

III. The supervision that contractors comply with the occupational safety and health measures referred to in article 7, section XX of this Regulation and the Standards, when they carry out work within the installations of the Workplaces.

Article 121. A fine of 50 to 2500 times the general daily minimum wage in force in the Federal District shall be imposed on an employer who assigns pregnant or breastfeeding women, or young workers, to the work referred to in articles 58, 60 and 62 of this Regulation respectively.

Article 122. A fine of 250 to 2500 times the general daily minimum wage in force in the Federal District shall be imposed on an employer who fails to evidence or produce, within the period set for that purpose by the Ministry, compliance with the safety requirements and conditions for Workers with Disabilities established by article 65 of this Regulation.

Article 123. A fine of 250 to 2500 times the general daily minimum wage in force in the Federal District shall be imposed on an employer who fails to evidence or produce, within the period set for that purpose by the Ministry, compliance with the safety requirements and conditions for Agricultural Workers determined by article 67 of this Regulation.

Article 124. A fine of 250 to 5000 times the general daily minimum wage in force in the Federal District shall be imposed on an employer who does not permit the exercise of inspection and monitoring functions by the Labour Authority, so as to ascertain compliance with occupational safety and health regulations, in accordance with article 7, section XXI of this Regulation.

Article 125. For the imposition of the penalties indicated in this Title, the following shall be taken into account:

I. Whether or not the act or omission constituting the offence was intentional;

II. The seriousness of the offence, according to the type of Risk entailed by the failure to comply with the obligations determined by this Regulation and the corresponding Standards;

III. The damage caused or that may be caused;

IV. The economic capacity of the offender; and

V. Whether the offender is a repeat offender. For the purposes of section V, repeat offending means each of the subsequent breaches of the same precept committed within the two years following the date of the record in which the preceding breach was established, provided that the latter has not been rebutted.

Article 126. The penalties imposed on the employer under the preceding articles shall be doubled if the employer does not evidence that the irregularities giving rise to them were remedied within the period indicated, without prejudice to the Ministry proceeding under article 512-D of the Act.

TRANSITORY PROVISIONS

FIRST. This Regulation shall enter into force three months after its publication in the Official Gazette of the Federation. SECOND. The Federal Regulation on Safety, Hygiene and the Working Environment, published in the Official Gazette of the Federation on 21 January 1997, is repealed upon the entry into force of this Regulation. THIRD. From the entry into force of this Regulation, the Operating Guidelines for granting the operating authorisations for pressure vessels, cryogenic vessels and steam generators or boilers, published in the Official Gazette of the Federation on 30 November 2012, are repealed. All applications for authorisation for the operation in Workplaces of pressure vessels, cryogenic vessels and steam generators or boilers, made under articles 29, section II, and 31 of the repealed Federal Regulation on Safety, Hygiene and the Working Environment and pending at the entry into force of this Regulation, shall be processed until their final decision in accordance with those Operating Guidelines. FOURTH. From the entry into force of this Regulation, Articles Three, section III, and Six of the Agreement establishing the organisation and Operating Rules of the National Advisory Committee for Standardisation in Occupational Safety and Health are repealed. FIFTH. The Ministry and the Mexican Social Security Institute shall make the arrangements necessary for the establishment of the National Information System on Occupational Accidents and Diseases. SIXTH. The Ministry shall have a period of three years, counted from the entry into force of this Regulation, to make available to the obliged parties the software modules referred to in article 81, sections VIII to X of this instrument. SEVENTH. The Rules of Procedure of the National Advisory Commission on Occupational Safety and Hygiene and of the State and Federal District Advisory Commissions on Occupational Safety and Hygiene shall be deemed to have been issued for the National Advisory Commission on Occupational Safety and Health and the State and Federal District Advisory Commissions on Occupational Safety and Health respectively, in so far as appropriate, until the new regulatory instruments are issued. The National Advisory Commission on Occupational Safety and Health and the State and Federal District Advisory Commissions on Occupational Safety and Health shall follow up the agreements in progress of the National Advisory Commission on Occupational Safety and Hygiene and of the State and Federal District Advisory Commissions on Occupational Safety and Hygiene respectively. Given at the Residence of the Federal Executive Power, in Mexico City, on the sixth day of November of two thousand and fourteen.- Enrique Pena Nieto.- Signed.- The Minister of the Interior, Miguel Angel Osorio Chong.- Signed.- The Minister of the Environment and Natural Resources, Juan Jose Guerra Abud.- Signed.- The Minister of Energy, Pedro Joaquin Coldwell.- Signed.- The Minister of Economy, Ildefonso Guajardo Villarreal.- Signed.- The Minister of Communications and Transport, Gerardo Ruiz Esparza.- Signed.- The Minister of Health, Maria de las Mercedes Martha Juan Lopez.- Signed.- The Minister of Labour and Social Welfare, Jesus Alfonso Navarrete Prida.- Signed.

Federal Regulation on Occupational Safety and Health (RFSST)

This standard in a permit-to-work system

Hazardous work covered

Sectors

Other Mexican standards covering the same work

Status

TITLE ONE

Chapter One

Chapter Two

Chapter Three

TITLE TWO

Sole Chapter

TITLE THREE

Chapter One

Chapter Two

Chapter Three

Chapter Four

TITLE FOUR

Chapter One

Chapter Two

Chapter Three

Chapter Four

Chapter Five

TITLE FIVE

Chapter One

Chapter Two

TITLE SIX

Chapter One

Chapter Two

TITLE SEVEN

Chapter One

Chapter Two

Chapter Three

TITLE EIGHT

Chapter One

Chapter Two

TITLE NINE

TRANSITORY PROVISIONS

Legal notice