BULLETIN - JULY 5TH, 2017.

NEW HEALTH AND SAFETY STANDARDS, STORAGE OF CHEMICAL SUBSTANCES AND PETROLEUM PRODUCTS, MEDICAL MARIJUANA, AIRLINE PASSENGER RIGHTS, DOG FIGHTING AND MUCH MORE

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

June 22, 2017 – The Project of NOM-005-STPS-2017 was published for its 60 day comment period. This is one of the most important projects of standard this year. This new Standard will cancel the NOM-005-STPS-1998 which has been outdated for years.
 

The public has 60 days to make comments and suggestions for modifications to this project. Once the 60 day period has passed, the responses to the comments will be published and each one will be analyzed and accepted or rejected. The accepted comments will be incorporated into the new Standard.

 

 

The “Field of Application” states that “This Standard regulates in the entire national territory and applies in all workplaces where hazardous chemical substances or their mixtures are handled.”
There are new requirements for risk studies and additional requirements for each substance with some exceptions.

The exceptions are:

- Companies involved in the commercial distribution of hazardous chemical substances in containers, packages or original containers and there is no transfer to another container,” are exempted from the risk studies and some of the other requirements in this standard.

- Businesses that handle, store, use chemical substances are exempted, “If the content of the hazardous chemical substances that that they handle in containers or packages does not exceed five kilograms or five liters.” They must comply with labeling and SDS requirements.


This will relieve small manufacturers and workshops from some of the obligations of this NOM.

See PROY- NOM-005-STPS-2017

 

The NOM-005-STPS-2017 requires SDS to comply with NOM-018-STPS-2015.

Remember the new GHS standard, NOM-018-STPS-2015, Harmonized System for the identification and communication of hazards and risks from hazardous chemical substances in the workplace, that was published October 9, 2015 will take full effect on October 9, 2018.

Another important point – Storage areas for chemical substances must be able to retain 125% of the volume of the largest container in the warehouse.

 Download the Project of NOM-005-STPS-2017 – Contact me if you need help in formulating and presenting your comment or suggestion.

 

PROY-NOM-035-STPS-2016, Factores de riesgo psicosocial-Identificación y prevención.

This standard was published in October 2016 for its 60 day comment period. The responses to this project were published May 26, 2017.

 

The Regulation for Occupational Health and Safety took effect in February of 2015. The Regulation has new requirements for ergonomic and psychosocial elements in risk studies.

This standard was redacted to detail the obligations of Employers to include psychosocial elements in the risk studies they are required to make for every job position. This new standard has questionnaires that should be applied to new employees.

See PROY-NOM-035-STPS-2016

 

I have been receiving a lot of questions about the storage of petroleum products, LP Gas, and chemical substances – so I researched each and the specifications with citations are as follows:

 

PETROLEUM PRODUCTS EXCEPT FOR LP GAS

 

For storage tanks:


Floors and permeable dykes, with industrial drainage that avoids the filtration of spills to the subsoil, a slope of 1% to permit the free runoff of liquids to the drainage registers

.

The volumetric capacity of the containment dyke that houses a single tank for storage of petroleum products, additives and bio-fuels must be 1.2 times its capacity.

The containment dyke when several tanks are housed inside must be a minimum of 1.2 times the nominal capacity of the storage tank with greatest capacity plus the volume occupied by the other tanks up to the height of the containment wall. (NOM-EM-003-ASEA-2016, Art. 9.1.4) (NOM-EM-003-ASEA-2016, specifications and technical criteria for industrial safety, operative safety and environmental protection for the design, construction, pre-start, operation and maintenance of land installations for the storage of petroleum products, except for liquid petroleum gas.)

See NOM-EM-003-ASEA-2016

 

WAREHOUSES FOR DISTRIBUTION OF LP GAS

 

SPECIFICATIONS - NOM-002-SESH-2009 – warehouses of distribution of LP GAS. Design, construction, operation and safety conditions.

NOM-001-SESH-2014, Distribution plants for LP Gas. Design, construction and safe conditions in their operation. This standard also regulates the storage on railway spurs and of diesel fuel.

 

DIESEL- Containment wall around diesel tanks – The containment wall must be sufficient to contain, at least, the total of combustible stored (100%), the floor and dyke must be concrete. (NOM-001-SESH-2009 Art. 4.2.1.24.2)

 

 

WAREHOUSES FOR STORAGE OF CHEMICAL SUBSTANCES IN THE WORKPLACE

 

PROY-NOM-005-STPS-2017, Handling of hazardous chemical substances or their mixtures in the workplaces – Conditions and procedures of health and safety. (published as project with no legal effect yet, but this is what is coming)


Storage areas must have dykes or containment walls that must comply with the following:

 

Contain the nominal capacity of the container 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; NOM-005-STPS-2017, Art. 9.2.5.1 section b).

NOM-018-STPS-2015 states in Appendix E, Section 6, 3I: suggests a containment wall that can retain a volume greater than the container, pipes, or pipelines that contain the substance or mixture

 

HAZARDOUS WASTES

 

When liquid wastes are stored, floors must have an incline and trenches or small canals that carry the spills to retention tanks with a capacity to retain 20% of the total volume of wastes stored or the volume of the largest container. (Regulation of the General Law for the Prevention and integral management of wastes, Art 82, section I, clause d).)

 

AIRLINES PASSENGER RIGHTS

 

Reforms were published to the Consumer Protection Law and the Civil Aviation Law (June 26, 2017):


Airlines must publish on the airport screens the reasons for delays or cancellations and the information on presenting complaints.

 

This information must also be included in a publication in every pocket on the back of seats and be available in all terminals and travel agencies. (Federal Law for the Protection of the Consumer, 2 new articles added, 65 TER and 65 TER1)

 The Civil Aviation law was also modified to include the following (June 26, 2017):


• Disabled passengers must be accommodated by the airlines.
• A passenger can carry an infant less than two years old on the same seat.
• If there is a delay in the departure time stated on the ticket – greater than an hour and less than 4 – compensation will be made according to the published policy of the airline
• If the delay is greater than two hours but less than 4, the discounts in the compensation policy cannot be less than 7.5%.
• If the delay is greater than four hours, the passenger will be compensated 100% of the value of the ticket
• The service provider must make available to the passengers affected by delay access to telephone calls and email.
• If the flight is cancelled, the return of the ticket price and an offer to a substitute transport on the first available flight and provide access to phone calls and emails, meals, hotel lodging and transport to the airport.
• Passengers can cancel a flight and have a full refund within 24 hours of the ticket purchase.
• Passengers on national and international flights have the right to check one bag of up to 25 kg without charge. Airlines cannot charge for the first checked bag of up to 25 kg.
• Airlines must have an attention module to attend to these rights of the passenger.
• The PROFECO, Prosecutor for the protection of the Consumer will receive complaints and fine the airlines for violations.

 

REFORMS TO THE LAW OF FOREIGN INVESTMENT

 

Foreign investment is now permitted in the following areas:

 
• Supply of fuels and lubricants for seagoing vessels, airlines and railway equipment.


• National regular and non-regular air transport, non-regular international air transport as air taxis, and specialized air transport.

 

DOG FIGHTING

 

On June 22, 2017 a Decree was published in the Official Daily of the Federation that added 419 Bis to the Federal Penal Code that penalizes participation in Dog Fighting from 6 months to 5 years in jail. That means spectators, breeders, and everyone participating in a dog fight can be penalized by jail time, a similar initiative to outlaw bull fighting did not pass.

DOWNLOAD THE DECREE

 

MEDICAL MARIJUANA

 

On the 19th of June of 2017, the DECREE by which are reformed the GENERAL LAW OF HEALTH and the FEDERAL PENAL CODE was published in the Official Daily of the Federation for the purpose of legalizing and regulating marijuana for medicinal purposes and a paragraph was added to Article 198 of the Federal Penal Code “The planting, cultivation or harvesting of marijuana plants will not be punishable when these activities are carried out for medical and scientific purposes under the terms and conditions of the authorization issued for the purpose by the Federal Executive branch.”
The Secretary of Health will have 180 days from the publication of this Decree to prepare the permits, procedures and regulations to allow medicinal marijuana.

DOWNLOAD THE DECREE

 

 

 
 
 
 
 

If you have any questions or need information about our services and products please contact Glenn McBride at glenn@mexicanlaws.net  or Jairo Ramos at jairo@mexicanlaws.net  or visit our website www.mexicanlaws.com

Regards,

Lic. Glenn Louis McBride

Licensed Mexican Attorney