December 6, 2023

New Table of Occupational Diseases Contained in Mexico's Federal Labor Law

Holland & Knight Alert
Humberto Morales | Damián Gómez | Sean Muzquiz | Francisco García | Juan Carlos Torra

The long-awaited update of the table of occupational diseases was published on Dec. 4, 2023, in the Official Gazette of the Federation of Mexico. The update includes work-related health conditions such as "mental disorders" and "cancers" derived from the activities carried out by workers in their jobs. Among them, 88 new diseases stand out, including COVID-19, psychosocial diseases and some diseases specific to women. Diseases have been particularized depending on the different industries operating in the country.

The amendment modified Articles 513, 514, 515, the Table of Occupational Diseases and the Table for the Valuation of Permanent Disabilities due to Occupational Risks in the Federal Labor Law. Furthermore, it is necessary to consider that the tables and the catalog of valuation of diseases will be reviewed at least every five years or according to medical advances, ensuring their continuous update.

The disease table also expanded the spectrum of occupational cancers to 30 and diseases due to intoxication to 46, addressing recurrent situations in certain industries. All this, in order to be aligned with the World Health Organization's International Classification of Diseases (ICD)-11, which was published in February 2022. This reflects the evolution of labor law in Mexico since 2017 (Constitutional) and 2019 (Federal Labor Law) amendments, together with the ratifications of International Labour Office (ILO) conventions, which seek to bring Mexico into compliance with international standards.

Companies in Mexico need to start evaluating ways to comply with these provisions, as well as to assess the new illnesses mentioned to avoid affecting their employees and suffering contingencies for the same. Companies should also assess the economic impact that this could represent in the case of an increase in the percentage of the risk grade premium in their annual declaration to the Mexican Social Security Institute.

Please do not hesitate to contact Holland & Knight's Labor, Employment and Benefits Group about the formulation of compliance plans and the treatment to be given to the aspects arising from this reform.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.

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