L E G A L U P D A T E
SYSTEM TO VOLUNTARILY REPORT ON SAFETY AND HEALTH CONDITIONS AT WORK CENTERS
On April 30, 2013, the “Resolution by which the system to report on health and safety prevailing at work centers” (the “Resolution”) was published in the Official Gazette of the Federation, same that became enforceable as from May 1, 2013. The main purpose of the Resolution is to contribute to a major coverage of work inspection services, apportioning the available resources, creating alternative schemes for employers to be able to comply with its obligations established in the Federal Labor Law (“FLL”) and receiving incentives to rectify possible omissions, all this in benefit of work centers and employees.
The System will allow employers, under oath to tell the truth, to inform the Ministry of Labor and Social Welfare (“STPS”) the safety and health conditions prevailing at their work centers. Such System will be managed and operated by the STPS, through its several administrative units, and the access to the same shall be through its web page http://www.stps.gob.mx, in accordance with the requirements determined in the System’s Guidelines of operation and functioning which the STPS shall issue within 60 calendar days following the date in which the Resolution became effective.
Modules of the System will be structured taking as reference the economic activity and the scale and risk factors in safety and health matters at work related with processes and characteristics of work centers. Based on the statement submitted by the employers, the STPS will presume the level of compliance with applicable provisions in safety and health matters at work, which will be confirmed by an inspection visit.
The following rules will be applicable to those companies that voluntarily register themselves in the System:
At those work centers which processes or activities are classified within groups I and II of the Regulations of Social Security Law in Affiliation, Classification of Companies, Collection and Auditing Matters (“Regulations of the SSL”), and that obtain the overall result that is set by the Guidelines, inspection visits to provide technical assistance and advice will be carried out, which due to their nature, in case of a first non-compliance, would not result in an administrative proceeding that may impose fines. To the extent the non-compliance of the acquired commitments continues, a new inspection visit will be carried out, and in case the violation to the labor legislation persists, an administrative proceeding to impose fines will be initiated.
The voluntary declaration in the System made by employers will be taken into account as a mitigating circumstance in the imposition of fines. For such purposes, the authority may up to 75% of the total fine that may be imposed on the non-complier.
At those work centers which processes or activities are classified within groups III, IV and V of the Regulations of the SSL, and that obtain the overall result that is set by the Guidelines, inspection visits to immediately establish preventive and/or corrective measures targeting elimination of the possible identified risks and the deadline for their execution will be carried out and, in case such measures are not complied with by the company, a new inspection visit will be immediately scheduled, during which, as a protective measure in favor of the workers, access to the work center or to a certain area may be restricted or the operations of those processes which relate to the risk tried to be avoided may be delimited. Under such circumstances an administrative proceeding to impose fines will be initiated with all its legal consequences.
The voluntary declaration that employers could have done in the System will be taken into account as mitigating circumstance in the individualization of the sanction. For such purposes, the authority may reduce up to 50% of the total fine that may be imposed on the non-complier.
Should STPS identify that the information provided by employers is false or that they acted with willful misconduct or in bad faith when submitting the statement, the SPTS will order extraordinary inspection visits at the work center. In case the falsehood of the information provided by employers is evidenced, it would be deemed as an intentional behavior which will be considered when determining the amount of the applicable fine. The foregoing is regardless of the fact that the STPS might share such misconduct with the corresponding District Attorney’s office.
Should you require additional information please contact your leading partner or any of the lawyers in the following list:
Mexico Office: Mr. Pedro Velasco A. firstname.lastname@example.org (Partner)
Mr. Andrés Rodríguez R. email@example.com (Partner)
Tel. (+52 55) 5279-5400
Fax: (+52 55) 5280-7614 / 5280-3214 / 5280-7866
Monterrey Office: Mr. Juan Carlos de la Vega G. firstname.lastname@example.org (Partner)
Tel: (+52 81) 8133-6000
Fax: (+52 81) 8368-0111
Tijuana Office: Mr. Fernando González email@example.com (Associate)
Tel: (+52 664) 633-7075
Fax: (+52 664) 634-2978