On September 23, 2022, the Resolution to modify the Official Mexican Standard NOM-036-1-STPS-2018, ergonomic risk factors at work, identification, analysis, prevention and control (the Modified NOM), was published in the Federal Official Gazette (DOF).

On November 23, 2018, the Official Mexican Standard NOM-036-1-STPS-2018 (the NOM) was published in the DOF, whose purpose is to establish the elements to identify, analyze, prevent and control ergonomic risk factors in work centers derived from the manual handling of loads, in order to prevent alterations in the health of employees.

The NOM entered into force on January 2, 2022, with the exception of the following:

– Analysis of ergonomic risk factors due to manual handling of loads.

– The employer’s obligation to have an analysis of ergonomic risk factors due to manual handling of loads.

– Adopt certain prevention or safety measures for lifting and transporting loads.

– Adopt control measures in those cases in which the analysis of the ergonomic risk factors so indicates.

– Application of technical and/or administrative control measures for ergonomic risk factors through an ergonomics program for the manual handling of loads with a certain content.

The NOM determined that the above points would come into force as of January 4, 2023.

However, the Confederation of Industrial Chambers of the United Mexican States (CONCAMIN) requested the modification of the NOM so that the aforementioned points would enter into force as of March 31, 2024.

Therefore, once CONCAMIN’s request was reviewed, the Ministry of Labor and Social Welfare agreed that the requested modifications be carried out, which were reflected in the Modified NOM. In addition, the technical and/or administrative control measures that, as part of the ergonomics program for manual handling of loads, have been issued in 2020, shall comply with the provisions of the Modified NOM.

This extension achieved by CONCAMIN will give the employers the opportunity to comply with the obligations set forth in the aforementioned points. The foregoing, because due to the pandemic we have experienced, it has been materially impossible for them to fulfill such obligations in time.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. In case you require additional information or a legal analysis, please do not hesitate to contact us. We will be glad to provide the personalized legal advice that you require.