New Obligations on Protective Equipment in the Workplace in Mexico
Mexico's Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social or STPS) recently published in the Federal Official Gazette (Diario Oficial de la Federación or DOF) the Official Mexican Standard NOM-017-STPS-2024, "Personal protective equipment (PPE) – Selection, use and management in workplaces."
This new official standard overturns and replaces NOM-017-STPS-2008, which had been in effect since its publication in the DOF on Dec. 9, 2008, and will remain valid until NOM-017-STPS-2024 takes effect.
Purpose of NOM-017-STPS-2024
This standard aims to prevent workplace accidents and occupational illnesses through proper selection, use and management of PPE in workplaces. Its implementation is fundamental to ensuring safe conditions for daily work activities.
Key Aspects
Key aspects of the standard include the following:
1. Employer obligations
a. identify and analyze risks by job position and work area
b. provide appropriate, certified PPE according to identified risks
c. train workers on proper use, maintenance and disposal of PPE
d. supervise correct use of PPE in facilities
e. clearly mark areas where PPE use is mandatory
2. Worker obligations
a. use and inspect PPE according to training received
b. report to employer if PPE is damaged or not functioning properly
3. Key updates in the standard
a. repeal of NOM-101-STPS-1994 regarding foam-based fire extinguishers
b. new requirements for handling PPE contaminated with hazardous substances
c. updated definitions and provisions for greater clarity and applicability
4. Other relevant aspects
a. non-compliance fines: From 250 (MEX$28,285) to 5,000 (MEX$565,700) measurement and update units (unidades de medida y actualización or UMAs), as set forth in Article 994 Section V of the Federal Labor Law
The following are recommended actions for compliance:
- conduct workplace risk assessments to determine appropriate PPE
- verify PPE complies with current certifications and applicable regulations
- update training, maintenance and disposal procedures for PPE
- review and ensure proper implementation of signage in risk areas
Effective Date
NOM-017-STPS-2024 will take effect six months after its publication in the DOF. Therefore, until the end of September 2025, companies must continue to comply with NOM-017-STPS-2008.
Holland & Knight's labor and social security team is available to advise and support companies in implementing this standard, helping to ensure regulatory compliance and personnel safety.
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.