Mexico: Extraordinary Inspections regarding Labour Matters derived from COVID-19 Pandemic
Due to the COVID-19 epidemic in Mexico, the Decent Work Unit and the General Directorate of Federal Labour Inspections responsible for the Labour and Social Welfare Ministry (hereinafter “LSWM”), under the institutional coordination of Alejandro Salafranca Vázquez, have designated the inspectors of all the Federal Labour Dependencies to visit several workplaces, daily, to perform Extraordinary Inspections regarding hygiene and safety.
The inspection visit is strict and rigorous; therefore it is necessary to have all documentation and information current and up to date, with the objective to mitigate any possible risk and avoid either a sanction or fine, even the closure of the workplace, under the threat that if the inspection does not take place, COFEPRIS and the Federal Prosecution Office will be informed. Labour inspections will require the following information:
Documentary Evidence. The LSWM will require documentary evidence to: (i) Prove if the activities performed in the workplace are essential or not; (ii) Demonstrate the existence of a COVID Committee; (iii) Verify the compliance with NOM-30-STPS (official standards) and the rest of NOMS-STPS which will be applicable to the workplace; (iv) Corroborate the constitution, function and resolution of the Joint Committee for Safety and Hygiene; (v) Verify the protocols for entrance, sanitation, entrance and exist filters, dining rooms, bathrooms, employee transportation, physical separation barriers; (vi) Review the Employee Protection Equipment (“EPE”) specifically for COVID-19; (vii) Confirm the existence of records for the capacitation to employees provided by the Mexican Social Security Institute (MSSI) officers; (viii) Review the documentation about those employees working in a home office and list of vulnerable groups; (ix) Confirm the compliance with the Action Plan for Workplaces COVID-19, issued by the LSWM; (x) Review the compliance of the self-evaluation before the MSSI, through its electronic platform, which is mandatory for activities considered as essentials and optional for those considered as not essential; (xi) Any other document regarding the economic turn.
On-site monitoring. On-site tour throughout the workplace to verify the implementation of sanitary measures included in the protocols; some examples are the existence of sanitizing mats, taking the employee’s temperature, present questionnaires to employees at the entrance and exit, dining rooms, toilets, employee transportation, review the Employee Protection Equipment, verify the existence of soap, paper, hand sanitizer in bathroom and offices, provide special containers for used face masks, mark the floor in order to specify the distance that must exist in between employees, install physical divisions, sanitization and cleanliness in the workplace’s facilities and in general, any activity that was referred to in the documents of the workplace. There would be interviews with employees to corroborate training and handling of the Employee Protection Equipment, derived from the sanitary contingency. There would be a revision to determine the complying of the self-evaluation submitted to the MSSI.
In accordance with the extraordinary character of these inspections, it is indispensable that all safety and health measures are taken into account, in order to avoid any sanction and/or fine.
Partners and lawyers of De la Vega & Martinez Rojas, S.C., are at your services for any doubt or comment related to this document and/or the Resolution. For more information on these articles or any other issues involving labour and employment matters in Mexico, please contact Oscar De La Vega (Partner) of De La Vega & Martínez Rojas S.C. at odelavega@dlvmr.com.mx or visit www.dlvmr.com.
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