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EHS REGULATION IN MEXICO
An overview of the compliance requirements for a manufacturing facility in Mexico:
- Pre-Operative Compliance Timeline
- Operative Manufacturing Compliance
- Facility-Related & Construction Permits
- Environmental Impact Assessments
FREQUENTLY ASKED QUESTIONS
Included in the USMCA agreement, Mexico has agreed to reduce its carbon footprint and the government is taking steps to regulate emissions and wastes, as well as protect and conserve the wild flora and fauna. The Federal Congress provides authority to the federal, state and municipal governments which regulate within their own jurisdictions:
- protection of the environment
- preservation and restoration of the ecological balance
- environmental damage, repaid and compensation.
The environmental material is regulated by the Secretariat of the Environment and Natural Resources (SEMARNAT in Spanish) in the main governmental agency in charge of enacting and enforcing environmental regulation in Mexico. SEMARNAT oversees various agencies, including: National Water Commission, Office of the Federal Prosecutor for Environmental Protection (PROFEPA), National Commission for Natural Protected Areas (CONANP), and the Security Energy and Environmental Agency (ASEA).
The consequences of non-compliance of environmental laws in Mexico depend on a number of factors. General sanctions include: fines, partial or definite closure of the work activity in question, administrative arrest, personnel dismissal, among other more specific sanctions depending on the authority.
Health & Safety is also very important and the governmental legislation is predominately concerned that all workers benefit from "dignified work". These established guidelines aim to protect the wellbeing of the workers with the burden of the implementation falling on the employer.
Mexico's Health & Safety compliance is regulated by various agencies including the Office of Labor Inspection and the Ministry of Health.
The Official Mexican Standards (NOMs in Spanish) are mandatory technical regulations defined and enforced by the Secretary of Labor and Social Welfare. They regulate products, processes and services when these may constitute risk to people, animals, vegetables and the environmental in general, among others.
Environmental License is one of the most important things to consider when starting an operation in Mexico. The submitted study will basically define the environmental impact your operation will have on the air, water, land, etc. based on your process residues, and will determine your obligations with the different levels of authorities (county, state, federal). Not complying with this might result in fines in addition to the suspension of your manufacturing operation.
- Environmental Impact
- Environmental Risk Study
- Land Use/Change Permit
- Fire Risk Assessment
- Hazardous & Non-Hazardous Waste Permit
- Wastewater Discharge Permit
There are also facility-related and construction permits to consider:
- Construction License
- Construction Environmental Impact study
- Service Contracts (Gas, Electricity, etc)
The EHS operative compliance of a manufacturing facility in Mexico is dictated by the Mexican NOMs, outlined by the federal STPS. Some of the most important and applicable EHS operational requirements include:
- EHS Personnel & Safety Procedures that correspond to different Mexican NOMs
- Workplace Health Studies to monitor health risks for employees in the workplace
- Emergency Response Systems to combat fire and keep employees safe
- Hygiene in Food Systems for all areas where food is prepared
- Waste, Materials & Management including labeling, transport, usage and disposal
- Monitoring of Emissions as well as record keeping and reporting
- Maintenance & Operational Safety including personal protection equipment requirements
- Psychosocial Risk Factors requires employers to monitor and be responsible for different risk factors in the workplace
- Safety Conditions in the Workplace for specific types of workplace environments
During the operation, there are various reporting requirements, policies and procedures, deviation detection, corrective actions development, implementation, mandatory periodic inspections and audits. It is important to design an Environmental Health and Safety Management System according to quality systems ISO 14001 & 45001, providing systemic compliance with the applicable legal requirements on the EHS matter.
- Establish safety and hygiene mixed commission
- Training and materials handling procedures
- Monthly inspection / audit visit report
- Detect areas of potential risk to the environmental and plant personnel
- Monthly compliance report to authorities
- Execute reporting requirements based on pre-operations permits
- Deploy corrective actions
The operative compliance of the manufacturing facility in Mexico is dictated by the Mexican NOMs, outlined in the federal STPS.