Mexico Issues New Federal Labor Inspection Guidelines: How Do They Impact Employers?

Quick Hits

• Mexico’s Ministry of Labor and Social Welfare published new guidelines for inspectors to follow when conducting labor inspections of employers in Mexico in accordance with federal regulations.
• These guidelines can assist employers in understanding the requirements, procedures, documents, measures, and other actions that inspectors can and cannot carry out in any type of inspection they conduct.

General Content of the Guidelines

Employers may want to consider the following key elements established in the guidelines for inspections:

• Employers must provide personal protective equipment (PPE) for inspectors when PPE is required on the work premises. Refusal to provide PPE may be deemed as a refusal by the employer to allow labor inspections, which could result in penalties.
• Inspectors may impose precautionary measures only when they detect an imminent risk to the life, integrity, and health of the employees.
• In case of a death due to occupational hazards, the inspector will implement stronger protocols to protect legal beneficiaries’ rights and ensure smooth communication between the relevant authorities.
• Any violations that fall under the jurisdiction of other authorities that an inspector observes in the requested documentation must be recorded in the inspection writ issued and the STPS may notify other relevant authorities (e.g., the Mexican Institute of Social Security, Tax Registry, Public Prosecutor’s Office, and National Housing Fund Institute for Workers).
• For federal labor and employment inspections, an inspector can require the employer to provide information recorded in the Registry of Specialized Services Providers or Specialized Works (“REPSE,” for its acronym in Spanish). If the inspector observes any noncompliance, the inspector must notify the STPS, which is responsible for the REPSE, so that the appropriate measures can be taken. Measures can entail an immediate cancellation of the REPSE registry.

Considering the aforementioned, employers may want to:

• receive training on how to handle inspections;
• implement internal communication channels to understand who is in charge of handling labor inspections and when to seek outside counsel; and
• be prepared with the necessary documentation to prove compliance with labor and employment obligations.

Ogletree Deakins’ Mexico City office will continue to monitor developments and will provide updates on the Cross-Border and Workplace Safety and Health blogs as additional information becomes available.

Pietro Straulino-Rodríguez is the managing partner of the Mexico City office of Ogletree Deakins.

Natalia Merino Moreno is an associate in the Mexico City office of Ogletree Deakins.

María José Bladinieres Ruiz is a law clerk in the Mexico City office of Ogletree Deakins.

Follow and Subscribe
LinkedIn | Instagram | Webinars | Podcasts