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BULLETIN - JULY 21st, 2017.

 

 
 

2 CHEMICALS

ADDED TO THE CHEMICAL PRECURSORS LAW

 

July 18, 2017, an Agreement was published in the DOF that added 2 additional regulated chemical substances to the “FEDERAL LAW FOR THE CONTROL OF CHEMICAL PRECURSORS, ESSENTIAL CHEMICAL PRODUCTS AND MACHINES FOR MAKING CAPSULES, TABLETS AND OR PILLS.”

The 2 chemicals, “4-Anilino-N-phenethylpiperidine (ANPP) and N-phenethyl-4-piperidone (NPP)” are added to the list of regulated substances subject to permit and reporting. If you use chemical substances, you should check the list of restricted substances and if you are using one of the chemical substances, you must have a permit and are subject to annual reporting of the substances you use.

Subscribers to the Deluxe Package or the Environmental Package can download the updated law from our website.

FOREIGN INVESTMENT

June 26, 2017 – reforms were made to the Foreign Investment Law that permits the supplying of fuel and lubricants for vessels, aircraft and railway equipment. Reforms were made in the field of broadcasting based on the reciprocity that exists in the country in which the investor or the economic agent is constituted that has control over the investment, directly or indirectly, and Service of regular and non-regular national air transport; international non-regular air transport service as an air taxi; and, specialized air transport service

FIRE BRIGADES

We have been receiving questions about Fire Brigades and the equipment required. I have been suggesting a thorough reading of the Fire Prevention standard, NOM-002-STPS-2010. All the information that you need is contained in the Standard.

A thorough review of this Standard that applies to all work places in Mexico is very important, you must not only satisfy the State and Federal STPS (dept of Labor), the fire brigade is an obligation of the Civil Protection Program, your municipal fire department and is a condition of your Environmental Impact Statement (MRI) that you need for your operating permit.

The Standard requires that you self-classify your risk for fire based on Appendix A of the Standard. The 2 options are ordinary or high risk. The criteria encompass the size of your site, the activities and the amounts of chemical substances. The problem for many sites is the criteria for risk assessment was changed with the new standard in 2010. Many sites previously were classified as medium risk, a classification that was eliminated in the new standard, and were not required to have a stationary fire prevention system or a fire brigade.

A High risk carries certain obligations and restrictions that are a problem for some sites, such as: a stationary fire protection system (sprinklers or hoses) and Fire Brigades.

The Regulation and the Standard NOM-002-STPS-2010 in Chapter 5 states in,
“Obligations of the Employer” that the employer is obligated:


"
5.6 To have fire brigades in the workplaces classified with a high risk of fire, under the terms of Chapter 8 of this Standard,” and
"
5.9 To provide personal protective equipment to the fire brigades taking into consideration the operations and risks to which they are exposed, in conformity to that detailed in the NOM-017-STPS-2008, or those that substitute for it (See the Reference Guide III, Components and General Characteristics of the Personal Protective Equipment for the members of the Fire Brigades).”
The Standard says that the employer complies with the obligation in 5.9, when, “ making a physical tour of the workplace, it is verified that the members of the fire brigade(s) have the personal protective equipment, selected in conformity to that detailed in the NOM-017-STPS-2008.”

In Reference Guide II, it states that, “Generally a brigade has a minimum of three elements and as a maximum, seven, and will be integrated with a brigade leader and brigade members.”

In Reference Guide III, it states that the, “The minimum clothing and equipment for the brigades is described in the following, with their respective specifications and, when applicable, risks to be protected from:

III.1 Jacket and pants:


a) Exterior textile: self-extinguishing, does not melt;
b) Moisture barrier: layer of polymer that impedes the water and/or vapor from entering into contact with the person;
c) Thermal barrier for fighting fires in an advanced stage; lining of textile fiber of self-extinguishing polymer, and
d) For fighting an advance stage fire and in the case of exposure to highly risky chemical and biological agents, the jacket and pants should have vulcanized stitching and self-extinguishing reflecting tape.

III.2 Helmet:

a) Exterior material: dielectric of high resistance to impacts, to temperature and flame, and
b) System of internal support:
1) Suspension;
2) Morocco leather;
3) Neck and ear protection from self-extinguishing textile;
4) Adjustment mechanism;
5) Face protection screen resistant to heat;
6) System of retention of material resistant to heat and flame, and
7) Reflecting tapes.

III.3 Rubber boots, anti:


a) Heat and flame;
b) Electrical discharges (dielectric);
c) Impact and compression (with helmet), and
d) Penetrations through the sole.

III.4 Gloves, Hood and suspenders, anti:


a) Heat and flame;
b) Exposure or contact with corrosive chemical substances;
c) Electrical discharges, of high or low voltage, and
d) When applicable, low temperature.


III.5 Autonomous respiratory equipment (firefighting in advance stage):


a) With minimum duration of 30 minutes, with alarm at the end of use, and
b) Preferable of positive pressure.


 
III.6 Equipment for general support:


a) Pick axe;
b) Lines;
c) Flashlight, and
d) Tools in general for removal of rubble, among others.”

FIRE BRIGADE FINE

The fine for not having the proper equipment for the Fire Brigade according to Art. 119, section III of the Federal Regulation for Occupational Health and Safety is from $130.00 USD to $21,581.00 USD (30 to 5000 times the UMA which is 75.49 pesos) which can be applied for each employee on site.

 

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

Regards,

Lic. Glenn Louis McBride

Licensed Mexican Attorney