Identification, analysis, prevention and control.

The Mexican Official Standard NOM-036-1-STPS-2018 (the Standard), establishes the elements for the identification, analysis, prevention and control of ergonomic risk factors in the workplace, preventing effects on the health of employees.

The Standard is applicable throughout the national territory in those work centers where there are employees who handle loads greater than 3 kg. during their work day.

In accordance with the Standard, among other actions, the employer is obliged to: (i) count with the analysis of ergonomic risk factors due to manual handling of loads; (ii) adopt prevention and / or control measures to reduce or eliminate ergonomic risk factors in the workplace; (iii) monitor the health of occupationally exposed employees, through the development of a prevention program; (iv) constantly inform employees about possible health alterations caused by manual handling of loads; (v) establish training programs for occupationally exposed personnel on safety procedures, safe work practices, and prevention or control measures; and (vi) keep a record of the preventive measures adopted and the medical examinations performed.

The main obligations of employees in accordance with the Standard, consist of: (i) observing the prevention and / or control measures, as well as the safety procedures and safe work practices established by the Standard; (ii) immediately notify the employer and / or the Health and Safety Commission about the unsafe conditions that they identify during the development of their work; (iii) keep their workplaces and common areas orderly, clean, and free of obstacles; (iv) perform their job safely; (v) participate in training and education provided by the employer; (vi) inform the employer about the effects on their health or their possible limitations for carrying out their activities; and (vii) carry out the medical examinations determined by the Standard.

It is very important that companies carry out (i) an analysis of the ergonomic risk factors derived from the manual handling of workloads, identifying the activities that imply an ergonomic risk for employees; and (ii) a description of the activities and occupationally exposed employees, as well as the frequency and duration of said activities, estimating the level of risk that exists in those cases in accordance with the Standard.

In addition, the employer will have the option of hiring an accredited verification unit that verifies the degree of compliance with the Standard, applying the compliance criteria established by the corresponding evaluation procedure.

There are some sections of the Standard that entered into force in 2020, with which companies must already be complying to avoid sanctions, and others that will enter into force in 2023, with respect to which companies still have time to prepare everything that will be required by the authorities in the compliance verifications.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide the personalized legal advice that you require, including the implementation of training courses to ensure adequate compliance with the Mexican Official Standard NOM-036-1-STPS-2018 in the work centers, as well as the preparation of detailed analysis regarding its content.