Legal Procedure

MC Pilar León
Industrial safety and health in Mexico

1910 there were no more signs of labor protection that two

local laws

Recognize the work accident and the employer's liability for

compensation for the same.

1917 is embodied in Article 123.

1943, promulgated the law creating the Instituto Mexicano

del Seguro Social.
 Legal foundations of health and safety

1. Constitution of the United

Mexican States
1
2. Federal Labor Law and
International Treaties
2
3. General Rules for Safety
3 and Health at Work

4 4. Mexican Official Standards

ECOL Ambientales SSA Sanitarias SCFI Comerciales NMX Normas Técnicas y

comerciales, pero no olbigatorias
SCT Comunicaciones y transportes STPS Seguridad
por Ley
Constitution of the United Mexican States

• Section A (private sector)

• Workers condition
• Social Security
• Federal Activities

• Section B (goverment activities)

• Workers condition
• Social Security
• Federal Activities and Army

Federal Low of Work

Federal Low of Work

Relaciones de trabajo
Condiciones de trabajo
Reglamento
Derechos y obligaciones
Federal de
Trabajo Especiales
seguridad,
Relaciones de trabajo
Higiene y
Riesgos de trabajo
medio
Autoridades del trabajo y
Servicios Sociales ambiente de
Conciliación y Arbitraje trabajo
Representación Laboral y
patronal
Derechos Procesal del trabajo
Ejecución y sanciones
Reglamento Federal de seguridad, Higiene y Medio
ambiente de trabajo

• Disposiciones Generales
• Obligaciones de patrones y trabajadores
• Condiciones de seguridad
• Condiciones de Higiene NOM
• Organización de la seguridad e Higiene
• Protección a menores y mujeres
• Vigilancia, Inspección y sanciones
International Regulations
OMS – ISO - OIT

NIOSH
ACGIH
TECMEX ANSI

OSHA
Cánada

Quality (ISO 9000)

Environment (ISO 14000)
Safety and Health (ISO 18000)
Constitution
Article 123 Section A

XIV. Employers are responsible for industrial accidents and

occupational diseases sustained in the workers or the
exercise of the profession or work executed.

XV. The employer is obliged to observe, according to the

nature of negotiation, the legal regulations on health and
safety at the facilities of its establishment.
Constitution
Article 123 Section A

XI. Social Security will be organized according to the

following minimum bases:

a) Cover work accidents and occupational diseases, no

occupational diseases and maternity and retirement,
invalidity, old age and death.

B) In case of accident or illness, will retain the right to

work by the time specified by law.
Federal Labor Law.
Fourth Title

Chapter I Duties of employers

Article 132 The obligations of the Patterns

XVI. Install in accordance with the principles of health and

safety, factories, workshops, offices and other places where
they have performed the work.
Adopt security measures to prevent pollutants exceeding
the maximum allowed.

XVII. Comply with the safety and hygiene laws and

regulations.
Federal Labor Law.
Fourth Title

XVIII. Set visibly and spread in places where this work, the
measures conducive to the Mexican official rules and
regulations of safety and hygiene.

XIX. Provide their workers with prophylactic drugs that

determine the health authority.

XXVIII. Participate in the integration and functioning of

committees to be formed in every workplace, in accordance
with the provisions of this law.
 Federal Labor Law.
Fourth Title

Chapter II Obligations of workers

Article 132 The duties of workers:
II. To observe the preventive and hygienic measures

VII. Submit aid at any time as needed

X. Submit to medical examinations

XI. To inform the pattern of communicable diseases

XII. Communicate to the employer or his representative to warn

deficiencies
Federal Labor Law.
Fourth Title

Article 135 prohibited from working:

Perform any act that might endanger their own safety and that of
their colleagues or that of others, as well as establishments or
places where work is play.

Article 473 Risk Work

Accidents and diseases to which workers are exposed in the
performance or work-related

Article 474 Industrial accident

Organic injury or functional disturbance, immediately or later, or
death, suddenly produced in exercise or work-related, whatever
the place and time to be provided. Including transit
Federal Labor Law.
Fourth Title

Article 475 Working Disease

Pathological state resulting from the continued action of a
cause that has its origin or motive at work or in the
environment in which the worker is obliged to provide
services

Article 477 Where the risks taken may occur:

I . Temporary disability. Loss of the powers or skills
that partially or completely preclude a person to do the job
for some time.
II. Permanent partial disability. Diminution of the powers
or abilities of a person to work.
III. Total permanent disability. Loss of faculties or
aptitudes of a person that makes it impossible to perform
any work for the rest of his life.
IV. Death
Federal Labor Law.
Fourth Title

Article 482. The subsequent consequences of the risks of

work shall be taken into account in determining the degree
of disability.

Article 487. Workers who suffer an occupational risk are

entitled to:
a) Medical and surgical
b) Rehabilitation
c) Hospitalization, when the case requires
d) Healing drugs and materials
Federal Labor Law.
Fourth Title

Article 488 The employer is exempt from obligations.

 If an accident occurs the worker was found drunk

 The accident occurred found the worker under the action of a narcotic drug or
enervating, unless there is prescription and that the worker had put the matter
to the attention of the pattern and would have presented the prescription
signed by the doctor

 If the worker intentionally causes injury to himself or another person under

 If the disability is the result of some feud or suicide attempts.

 The pattern is in any case obliged to provide first aid and care for the worker's
transfer to home or a medical center
Federal Labor Law.
Fourth Title

Article 489 does not relieve the employer of responsibility

The worker had explicitly or implicitly assumed the risk of

doing

The accident occurs by clumsiness or negligence of the

worker

The accident is caused by carelessness or negligence of a

coworker or a third person
Federal Labor Law.
Fourth Title

Article 490 Failure inexcusable pattern

-Does not meet the statutory and regulatory provisions for the
prevention of occupational hazards
-If having made previous accidents, do not take appropriate
measures to prevent recurrence
-Failing to adopt preventive measures recommended by the
committees set up by workers and employers, or the labor
authorities
-If workers point out the pattern and the dangers that it does not
take adequate measures.
-Circumstances similar to the same severity to those mentioned in
the previous sections.

Article 500 When the risk of death occurs.

Federal Labor Law.
Fourth Title - Allowances

• Temporary Disability • Wage payment in full of sense to

stop as long as the inability to work.
• % to set the table of disabilities,
• Permanent Disability: calculated on the amount to be paid
if the disability had been permanent
total.
• Variable up to the amount of which
• Partial Disability corresponds to total permanent
disability, taking into consideration
the importance of the profession and
the ability to play a similar category,
capable of causing similar income
Federal Labor Law.
Fourth Title - Allowances

• Total Permanent • 195 days of wage

Disability
• Death • Two months' salary for funeral
expenses.
• 730 days of wage
 Cálculo de Incapacidades
Descripción de la Comparación Tiempo de Entidad de
Cuantía Duración Prescripción Suspensión
prestación 1973-1997 espera pago

Alta
Subsidio por 52 semanas
Modificación en 100% del medicina o
incapacidad RT. Ninguno (ley 1973 sin Dos años I.M.S.S.
duración salario dictamen de
Temporal limites)
i.p.p. o i.p.t.

4 semanas
cotizadas 52 semanas
Subsidio por Alta medica
(ordinario) 60% del con posible
capacidad E.G. Ninguna Un año o dictamen I.M.S.S.
6 semanas salario prorroga a 26
temporal de invalidez
cotizadas mas
(eventual)

30
Subsidio por cotizaciones
100% del Reingreso a
incapacidad M.a.t. Ninguna semanales en 84 días Un año I.M.S.S.
salario laborar
temporal los Últimos
12 meses

(ninguno
50 días de
R.T.)
Ayuda para R.T. Modificación salario Institución de
12 semanas
gastos de E. Y entidad de pago mínimo Única ves Un año seguros
en los
funeral M. en R.T. general I.M.S.S.
Últimos 9
D.F.
meses (eym)

30 días de Sin
Ayuda para Modificación en:
150 semanas salario prescripción
gastos de Rceav prestaciones y Única vez Afore
cotizadas mínimo (ley de 1973
matrimonio entidad de pago
en el D.F. seis meses)
 Cálculo de la Prestación de RT

• FÓRMULA (ART. 65 L.S.S.)

• SALARIO X 365 X 70% /12 = C.B. MENS
INDEM. GLOBAL

DATOS:

Salario Prom. Últimas Valuación 20.00%

52 semanas en caso de
enfermedad de trabajo. $ 4,258.33 x 20% *12 meses *10 años
= 102,199.92
I.P.T.
IMPORTE DE LA INDEM. GLOBAL
DATOS:

Salario = $200.00 I.P.P.

Valuación =100.00%
Fecha R.T. = 2 de Mayo ‘22 DATOS:
Fecha de Inic. = 2 de mayo ‘22 Valuación 70%

200.00X 365 X 70% / 12 = $ 4,258.33 $

4258.33
x 70% = $2,980.831
IMPORTE I.P.T.
IMPORTE mensual I.P.P.
Federal Labor Law. Fourth Title
Permanent Disabilities

Disruption of man 80 to 85%

Amputation of arm between shoulder and elbow 70 to 80%
Total loss of hand 65 to 75%
Loss of thumb 25 to 30%
Middle finger loss 6%
Falangeta loss of the ring or little 4%
Permanent flexion of the thumb 10 to 25%
Permanent extension of all fingers 65 to 75%
Hip stiffness 15 to 25%
Insurance Law
Article 48

• The Institute shall determine the degree of risk

• The companies are grouped into 5 different classes

considering the risk they are subject. Since ordinary risk of
life to the maximum risk

• Shares allocated on a scale from I to V. Comprising three

levels: minimum, average and maximum
Insurance Law
Article 48

• Worker (Insured)
Trabajador que paga su cuota correspondiente.

• Beneficiary
• Spounse or concubine
• Children under 16 years of older if they study
• Children if they are disabled and the parents of insured
when they depend economically and live with him
Benefits covering the insured and beneficiaries

a) Surgical care, pharmaceutical and hospital

b) Orthopedic appliance, in the case of employment injury,
prosthesis.
c) Rehabilitation
d) Moving patients
e) Patients per diem
f) Reintegration of expenditure to be rejected for medical care by
the Institute
g) Basket for the newborn
h) Breastfeeding Help
i) Childcare for children of workers
j) Annual bonus for pensioners
 Social Security Act
Benefits only to the insured

a) Salary or allowance for work accidents and occupational

diseases

b) Health Benefit

c) Allowance before and after delivery to the insured

d) Permanent total disability pension in the case of occupational

risk

e) Permanent partial disability pension in the case of occupational

risk

f) Disability pension
 Social Security Act
Benefits only to the insured

g) Old age pension

h) Increased disability pension, old age or widowhood for

indispensable assistance

i) Increased pension if insured continues after reaching age

65

j) Assistance for funeral expenses

k) Pension to the widow or widower

l) Pension to the widow of the pensioner

 Social Security Act
Benefits only to the insured

n) Help financially or settlement to the widow or pensioner

concubine she remarries

o) Pension to children under 16 years or older if they are totally

disabled or are considering (up to 25 years).

p) Financial or discharge to the pensioner who leaves the

country permanently

q) Pension to parents. Only be granted if there is no widow,

orphan or pensionable cuncubina

r) Marriage dowry

s) Voluntary insurance
General Rules of Work Safety

• Fully referred to have the Health and Safety General

Regulations Occupational Health and Safety at Work (Legal
Hierarchy: 3) which indicates the regulations in a simple way to
be carried in the workplace
Safety and health

Working conditions:
Are the rules laying down the requirements for the
protection of health and life of workers in the establishments
and places of work and determining the benefits to be
charged the men for their work.
Working Environment:
It is conceived as the physical conditions those found in the
workplace.
Safety:
Set rules, entries and actions as well as technical and
legislative instruments required to protect human life and
property of the man of action destructive phenomena, both
those caused by nature as those caused by human activity.
 Safety and health

Workplace Safety:
Rational and inventive application of the techniques that aims to
design, facilities, equipment, machinery, processes and work
procedures, training, training, motivation and personal management.

Hygiene:
Discipline that studies and identifies the measures to conserve and
improve health and prevent disease.

Occupational health:
Rational and inventive application of techniques aimed at the
recognition, evaluation and control of those environmental factors
that originate in the workplace that can cause disease, health
hazards and discomfort among workers and community members .
Safety and health

• Health: complete welfare state.

Hazard: Any condició9n from which one can expect with

certainty that cause injury or damage to property and / or
the environment and is inherent in material things.

Risk Classification:
- Risk class A
- Risk class B
- Risk class C
Safety and health

Occupational risk:
Can cause accidents and diseases

Accident and its characteristics:

Any suspension is not scheduled within a process. Instant
pathological conditions is a short time and unpredictable
phenomenon.

Disease and its characteristics:

It happens according to the exposure time as it can be
sudden or chronic illness. Progressive disease states, going
on an extended period and is a predictable phenomenon.
Safety and health

• Occupational disease:
• Is any alteration in the health of a worker caused by
handling or exposure to chemical, biological or physical
injury within their workplace.

• Injury:
Can be considered as a sudden injury.

• Health & Safety:

Damage prevention and reparation.