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Occupational health and safety and labour issues
Health and safety
What health and safety regulations and procedures apply to oil and gas operations (upstream, midstream and downstream)?
The health and safety regulations applicable to oil and gas are:
- the Federal Labour Law;
- the General Health Law;
- the General Law for Ecologic Balance and Environmental Protection;
- the Federal Law on Environmental Responsibility;
- the Hydrocarbons Law; and
- the Hazardous Management and Prevention General Law.
In addition, the National Agency of Industrial Safety and Environmental Protection for the Hydrocarbons Sector is in charge of the authorisation and registration of management systems for industrial safety, operational safety and environmental protection in activities of the hydrocarbons sector.
Are there any labour law provisions with specific relevance to the oil and gas industry (eg, with regard to use of native and foreign personnel)?
All labour relationships are governed by the Federal Labour Law, which provides that all working establishments must ensure that at least 90% of their workforce is Mexican. Regarding technical and professional personnel, all workers must be Mexican except where they do not offer a particular work-related speciality, in which case foreign workers can be employed as long as they do not exceed 10% of that speciality. This provision does not apply to officers, directors or managers.
There is also no anti-discrimination provision in the Federal Labour Law that provides that there will be no distinctions between workers for reasons of race, sex, religion, age, political views or social status. Complaints may be filed before the Conciliation and Arbitration Board, which will resolve a dispute between employer and worker and assign a settlement.
What is the state of collective bargaining/organised labour in your jurisdiction’s oil and gas industry?
Most workers are part of their own union, and the oil industry is no exception. Oil industry workers are members of the Petroleum Workers’ Union and must adhere to its rules and regulations, as well as being governed by the collective bargaining agreement negotiated by the union on behalf of all workers.
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