(Updated

 MEXICANLAWS
   

 

NEW LEGISLATION IN 2017 AND 2018

 

 

 

STAYING UP TO DATE – During 2017 there has been a lot of preparation of new health and safety standards and modifications to existing standards. It is very important to be aware of the changes and stay up to date. If you have not reviewed or updated your program recently, you should take a look at what has occurred in 2017 and what will occur in 2018. 

This Bulletin contains a detailed breakdown of the publication of standards, projects and modifications published in 2017.

The most notable changes are in the areas of Health and Safety, Environment, and Transportation.

 

CONTENTS OF THIS BULLETIN

  • ERGONOMIC AND PSYCHOSCIAL REQUIREMENTS

  • HOW ARE NOMS PREPARED?

  • HEALTH AND SAFETY STANDARDS

  • NEW TRANSPORTATION STANDARD

  • ASEA – ENERGY STANDARDS  - 

  • TRAINING - in English and Spanish, Online or on site

  • AUDITS - Health and Safety, Environment, Human Resources

 
 

ERGONOMIC AND PSYCHOSOCIAL STANDARDS

 

The new Regulation for Occupational Health and Safety that took effect on February 13, 2015 establishes the requirement that all risk studies must include “Ergonomic” and “Psychosocial” elements. Risk studies are required for each job position and for each piece of machinery or equipment. Ergonomic and psychosocial elements must be included. The problem has been the lack of the requirements or details about how these elements are to be in included in your risk studies.  Two Projects of Standards for those elements have been published for comments from the public in 2017. 

  HOW ARE NOMS PREPARED?  

NOMS or Official Mexican Standards are prepared by the DGN which is a technical department of the Secretary of Economy. A technical committee is formed with experts who prepare a standard and then publish it as project (PROY) in the DOF for an obligatory 60 calendar day period for comments from the public.

Once the 60 period has passed, the comments are analyzed by the Committee and their Responses are published to each comment received and the reason for their acceptance or rejection. If accepted the recommendation in the comment is incorporated into the NOM.

Some time after the responses are published, the definitive NOM is published and it takes effect according to the date established in the Transitional articles of the Standard.

 

NEW PROJECTS AND CHANGES IN HEALTH AND SAFETY STANDARDS IN 2017

Subscribers can download the Standards that are updated and available

  FEBRUARY 21, 2017
PROY-NOM-003-STPS-2016, Agricultural activities – Occupational health and safety conditions.

The Project for this health and safety agricultural standard was first published in the DOF on Feb. 21, 2017 for its 60 calendar days public comments period. The responses to those comments were published in the DOF on Sept. 11, 2017 and additional responses were published Dec. 19, 2017.

  MARCH 25, 2017  

NOM-116-STPS-2009, Safety – Personal protective equipment – Anti-noxious particulate negative pressure air purifying respirators – Specifications and testing methods. (Updated and available for download)

This standard was originally published in the DOF December 22, 2009 and took effect on Dec. 22, 2010, a modification was published in the DOF December 24, 2010 and took effect on Dec. 24, 2010, A new Modification was published March 24, 2017 and took effect on March 25, 2017.

  MARCH 24, 2017  
NOM-020-STPS-2011 Containers subject to pressure, cryogenic containers and generators of steam or boilers – Operation – Safety Conditions 

 (Updated and available for download)

NOM-020-STPS-2011 was Published in the Official Daily of the Federation on Dec. 27, 2011 and took effect on June 27, 2012. A modification was published March 24, 2017 and took effect on June 25, 2017.

  MAY 26, 2017  

PROY-NOM-035-STPS-2016, Psychosocial risk factors – Identification and prevention

This Project was published May 26, 2017 for its 60 day public comments period and the responses to the comments was published and the responses to the comments was published in the DOF on October 26, 2017. This Standard may be published as definitive at any time since the responses have already been published.
 
  JUNE 22, 2017  

PROY-NOM-005-STPS-2017, Handling of hazardous chemical substances or their mixtures in the workplace – Conditions and health and safety procedures.

This Project was published in the DOF on June 22, 2017 for its 60 calendar day public comments period. The responses have not yet been published.

Important change for storage of chemical substances:  Storage areas must have dykes or containment walls that must be able to contain the nominal capacity of stored substances and contain at least 1.25 times the nominal capacity of the largest container when there are two or more containers in the same area;
 

  SEPTEMBER 18, 2017  
NOM-006-STPS-2014, Handling and storage of materials – Occupational Health and Safety conditions.

 (Updated and available for download)

A modification was published in Sept and in Dec. 2017 that limits the weight that pregnant women (10 kg), men (25 kg), women (15 kg) and minors (7 kg) can lift in the workplace and how this can be verified.

Modification to articles 8.3, 8.6 and 13.3.

  AUGUST 11, 2017
PROY-NOM-014-1-STPS-2017, Diving – Health and Safety Conditions. Labor exposure to pressures distinct from absolute atmospheric conditions. This diving standard Project was published for its comment period August 11, 2017 and the responses still have not been published.
  DECEMBER 26 2017  
 

PROY-NOM-006-STPS-2017, Handling and storage of materials – Occupational Health and Safety conditions.

This new Project was published in the DOF on December 26, 2017 for its 60 day comment period and will replace the NOM-006-STPS-2014.

  JANUARY 03, 2018  
PROY-NOM-017-STPS-2017, Personal protective equipment – Selection, use and handling in the work place. This new Project was published January 03, 2018 for its 60 day comment period.

 
  JANUARY 03, 2018  

PROY-NOM-036-1-STPS-2017, Occupational ergonomic risk factors – Identification, analysis, prevention and control. Part 1 – Manual handling of loads.

This new Project was published for its 60 calendar day public comments period on January 03, 2018.

 

  OCTOBER 9, 2018  

NOM-018-STPS-2015, Harmonized System for the identification and communication of hazards and risks from hazardous chemical substances in the workplace.
By October 9, 2018 all workplaces must adopt GHS (Globally Harmonized System for hazard communication. This means that signs, symbols, Safety Data Sheets, all must be compliant with the Standard by October 9, 2018.

Published October 9, 2015, clarification published November 11, 2015 – takes effect on October 9, 2018   (translated and available for download)

 

NEW TRANSPORTATION STANDARD

 
  February 26, 2018  

NOM-012-SCT-2-2017, On the maximum weight and dimensions with which the motor transport vehicles may circulate that travel on the general routes of communication under Federal jurisdiction
This Standard was Published in the DOF on December 26, 2017 and takes effect on Feb. 26, 2018
This Standard cancels and replaces: NOM-012-SCT-2-2014, On the maximum weight and dimensions with which the motor transport vehicles can circulate that travel on the general routes of communication under Federal jurisdiction, published in the Official Daily of the Federation on November 14, 2014. 

(The new Standard has been translated and can be downloaded)
     
  ASEA – ENERGY STANDARDS    

 

 

 

 

ASEA - The Agency for Safety, Energy and Environment (La Agencia de Seguridad, Energía y Ambiente) is a new administrative department of SEMARNAT (Secretary of Environment and Natural Resources) which regulates and supervises industrial safety, operative safety and the protection of the environment with respect to activities in the hydrocarbons sector.
ASEA was created March 2, 2015. The criteria for the creation of this government agency responsible for regulating and supervising the installations and activities in the Hydrocarbons sector was established in the Transitional Article 19 of the Energy Reform

What does ASEA regulate?
-   2.4 million barrels of petroleum per day
-   6.4 million cubic feet of natural gas per day
-   9,300 oil wells on land
-   250 marine platforms
-   12,000 gasoline stations
-   60,000 km of pipelines
-   111 storage and distribution terminals
-   6 refineries
-   9 processing centers for natural gas
-   3,300 distribution centers for LP gas


ASEA is responsible for guaranteeing the safety of persons and the integrity of the environment with legal and procedural certainty and control of costs. Its stated objective is to make the hydrocarbons sector in Mexico the cleanest and safest in the world.
 

  ASEA is working rapidly to create the standards required for regulating the oil drilling, natural gas, oil wells, drilling platforms, gasoline stations, pipelines, storage terminals, refineries, natural and LP gas.
     

https://upload.wikimedia.org/wikipedia/commons/5/56/Pipeline-small_image%2C_seen_from_below.jpeg

ASEA has published 3 definitive standards: 

NOM-003-ASEA-2016, Distribution of natural gas and liquid petroleum gas in pipelines. Published in the DOF August 18, 2017 – takes effect Feb. 4, 2018

 

 

NOM-005-ASEA-2016 Design, construction, operation and maintenance of Service stations for the storage and dispensing of diesel and gasoline. Published November 7, 2016

NOM-010-ASEA-2016, Compressed natural gas (CNG). Minimum safety requirements for loading and discharging terminals of transportable storage modules and stations for supplying automotive vehicles. Published in the DOF on August 08, 2017 and will take effect on February 09, 2018
  ASEA HAS ALSO PUBLISHED EMERGENCY STANDARDS AND PROJECTS OF STANDARDS
     

EMERGENCY STANDARDS are designated as NOM-EM and by law they are issued for a 6 month period which can be extended for another 6 month period. They are prepared without the usual comments period from the public. They cannot be extended more than once - that means that all emergency standards are cancelled 1 year from their initial publication.

PROJECTS OF NOMS that are published for comments from the public are designated as PROY-NOM. They have no legal effects until they complete the comment process, the publication of the responses to the comments and the publication of the final definitive standard

Emergency Standards (NOM-EM) have legal effects; Projects (PROY-NOM) have no legal effects

 

  The following are Emergency Standards and Projects published by ASEA and their current status. We have been receiving calls and emails asking questions about these emergency standards and the new definitive standards.

It is important to verify that you are using the correct standard. 

     

NOM-EM-001-ASEA-2015, Design, construction, maintenance and operation of service stations for dispensing diesel and gasoline. Published December 3, 2015 CANCELLED  replaced by NOM-005-ASEA-2016

NOM-EM-002-ASEA-2016, Test methods and parameters for the operation, maintenance and efficiency in the gasoline vapor recovery systems. Published Nov. 14, 2016
CANCELLED 
replaced by NOM-005-ASEA-2016

NOM-EM-003-ASEA-2016, Distribution of natural gas and liquid petroleum gas in pipelines. Published November 24, 2016 
CANCELLED 
replaced by NOM-003-ASEA-2016

PROY-NOM-004-ASEA-2017, Gasoline vapor recovery systems for the control of emissions in service stations that dispense gasoline to the public. Published July 12, 2017 for comments from the public.
Published as project - no legal effects.

NOM-EM

NOM-EM-004-ASEA-2017, Specifications and requirements for industrial safety, operative safety and protection of the environment for the design, construction, pre-start, operation, maintenance, closing and dismantling of service stations for the specific purpose of dispensing liquid petroleum gas to the public by means of the partial or total filling of portable containers under pressure.

Published August 8, 2017 Full legal effects.

NOM-005-ASEA-2016 Design, construction, operation and maintenance of Service stations for the storage and dispensing of diesel and gasoline. Published November 7, 2016 with full legal effects

PROY-NOM

PROY-NOM-006-ASEA-2017, Technical specifications and criteria for industrial safety, operative safety and protection of the environment for the design, construction, pre-start, operation, maintenance, closing and dismantling of land installations for the storage of petroleum products and petroleum except for liquid petroleum gas. Published November 2, 2017 for its 60 day comments from the public period.

PROY-NOM

PROY-NOM-007-ASEA-2016, Transport of natural gas, ethanol, biogas, and gas associated with carbon mineral by pipeline. Published as project September 21, 2016

PROY-NOM

PROY-009-ASEA-2017, Administration of the integrity of pipelines for the collection and distribution of hydrocarbons, petroleum products and petrochemicals. Published in the DOF on October 31, 2017 for its 60 day comment period from the public.

PROY-NOM

PROY-NOM-010-ASEA-2016, Compressed natural gas (CNG). Minimum safety requirements for loading and discharging terminals of transportable storage modules and stations for supplying automotive vehicles. Published September 08, 2016 CANCELLED AND REPLACED BY NOM-010-ASEA-2016

PROY-NOM

PROY-NOM-018-ASEA-2016, That establishes the specifications for environmental protection during the construction, major maintenance and abandonment of systems for the transport and distribution of hydrocarbons, petroleum products and petrochemicals in a liquid gaseous state by pipeline made on existing rights of way located in agricultural, livestock and uncultivated areas. Published in the DOF on September 15, 2016
     
 

TRAINING - IN PERSON AND ONLINE

 
     

Lic. Glenn Louis McBride is a certified instructor by the STPS

He provides Training in both English and Spanish. If you are a foreign national working in Mexico, training in English with standards, laws and regulations in English may help you gain a real working knowledge of Mexican Standards.

We also provide training for health and safety standards and Sexual Harassment training which is now also required by the STPS.

To consult our training schedule or to ask for a quotation for on site training, contact Lic. Glenn McBride at glenn@mexicanlaws.net

     
  HEALTH, SAFETY AND ENVIRONMENTAL AUDITS  

Take advantage of the opportunity that an audit of your HEALTH AND SAFETY Program can present for training. You can participate in your audit and we will train you at the same time.

We will personalize an audit or a combination Health, Safety and Environmental Audit based on your activities, products, and materials. You can participate and we will train your audit team for follow-up and verification audits.

We have developed a detailed audit protocol based on the protocols used by the Government and our complete library of translated Laws, Regulations and NOMs. We can perform a thorough and detailed audit, more complete than an inspection by the Mexican authorities.

Human Resources - On site audit of your Human Resources program. Verify that you are compliant before you have a problem or before the authority finds your non-compliance.

Environmental Compliance  - On site audits - We review your documentation, permits, procedures and programs. We evaluate your compliance. We help you find and resolve your environmental non-compliance before SEMARNAT does. 

Health and Safety - On site audits - We review your documentation, permits, procedures, and programs. We evaluate your compliance. Find your non-compliance issues before the STPS finds them.

For a quotation, glenn@mexicanlaws.net

     
 

AUDIT ALTERNATIVE - Is the cost of an audit not within your budget?

  WE HAVE AN ALTERNATIVE. We can audit, train and consult with your personnel on a monthly basis. We visit your site every month for 4 hours and each time we review a different part of your program and offer guidance and provide training for correcting any noncompliances. The following month we review the progress and review another part of your program and we bill you monthly at an hourly rate.

For a quotation, glenn@mexicanlaws.net

 

 

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Derechos Reservados @ 2018 Lic. Glenn Louis McBride