04 Sep NOM-038-STPS-2024
Official Mexican Standard “NOM-038-STPS-2024”, Classification of agricultural, forestry, sawmill, silvicultural, hunting and fishing activities, which allows employers to identify those of lower risk, and which do not involve the use of chemicals, handling of machinery and heavy vehicles for minors.”
Background
The Official Mexican Standard project “PROY- NOM-038-STPS-2023”, Classification of agricultural, forestry, sawmill, silvicultural, hunting and fishing activities, was intended to allow employers to identify those activities with lower risk at work, activities designed for persons under 18 and over 16 years of age. Likewise, such project intended to identify activities that did not imply the use of chemicals, handling of machinery and heavy vehicles for minors, with the purpose of regulating and emphasizing the provisions of article 176 of the Federal Labor Law.
Then, derived from the comments made to the “PROY- NOM-038-STPS-2023” and in accordance with the provisions of articles 69 and 71 of the General Law of Regulatory Improvement, the Project was submitted to the consideration of the National Commission of Regulatory Improvement, who ruled it favorably by means of official letter No. CONAMER/24/0636.
Finally, the National Advisory Committee for Standardization of Safety and Health at Work, in its Second Extraordinary Session of 2024, held on January 30, 2024, granted the respective approval, so the NOM-038-STPS-2024 in question was issued.
Purpose
The purpose of “NOM-038-STPS-2024,” is to establish the classification of agricultural, forestry, sawmill, silvicultural, hunting and fishing activities, in order to identify those tasks or jobs considered of lesser risk for working minors, pursuant to the provisions of article 176, section II, numeral 8, of the Federal Labor Law, which do not involve the use of chemicals, handling of machinery and heavy vehicles.
The “NOM-038-STPS-2024,” applies to all workplaces in the country that have minors over 16 years of age and under 18 years of age that carry out agricultural, forestry, sawmill, forestry, hunting and fishing activities.
Therefore, a “work center” is the place or places, such as buildings, premises, facilities and areas, where activities of exploitation, utilization, production, production, commercialization, transportation and storage or provision of services are carried out, including places where agricultural, forestry, sawing, silvicultural, hunting and fishing activities are carried out, in which people who are subject to an employment relationship work, and “minor” means a working person, regardless of gender, who is over 16 years old and under 18 years of age.
The “NOM-038-STPS-2024,” considers as hazardous or unhealthy work those contained in article 176 of the Federal Labor Law, among which the following stand out:
Exposure to:
• Noise, vibrations, ionizing and non-ionizing infrared or ultraviolet radiation, elevated or depressed thermal conditions or abnormal environmental pressures.
• Chemical agents polluting the work environment.
• Hazardous waste, biological agents or infectious diseases.
• Dangerous fauna or harmful flora.
Work:
• Industrial night work or work after twenty-two hours.
• Rescue, salvage and disaster brigades.
• At heights or confined spaces.
• In which critical equipment and processes are operated where hazardous chemical substances that may cause major accidents are handled.
• Welding and cutting.
On the other hand, considers less hazardous work agricultural, forestry, sawing, forestry, hunting and fishing activities, administrative activities, in which the operation of any type of hazardous chemical substances or their mixtures, handling of machinery and heavy vehicles are excluded.
Finally, the aspects for the verification of compliance with this NOM-038-STPS-2024 will be carried out following the rules of the inspection visits developed by the Labor Authority.
Contact
Gerardo Valencia
gvalencia@cuestacampos.com
Adrían Pérez Pastrana
apastrana@cuestacampos.com
Alejandro Miranda
amiranda@cuestacampos.com
THE FOREGOING IS PROVIDED AS GENERAL INFORMATION PREPARED BY PROFESSIONALS WITH RESPECT TO THE SUBJECT MATTER REFERRED TO. THIS DOCUMENT REFERS ONLY TO APPLICABLE LAWS IN MEXICO. WHILE EVERY EFFORT HAS BEEN MADE TO PROVIDE CORRECT INFORMATION, WE ASSUME NO LIABILITY FOR ERRORS OR OMISSIONS. NO LEGAL, ACCOUNTING OR PROFESSIONAL ADVICE OF ANY KIND IS BEING RENDERED HEREUNDER.