NOM-036-1-STPS-2018

While many companies are focusing their efforts in the necessary actions to comply with NOM-035-STPS-2018, regarding psychosocial risk factors (“NOM-035”), “NOM-036-1-STPS-2018, Ergonomic risk factors at work – Identification, analysis, prevention and control. Part 1. Manual handling of loads.” (“NOM-036”) is close to be in force and it receives less attention from employers.

NOM-036 was published in the Official Gazette of the Federation on November 23rd, 2018 and it will become into force on January 2nd, 2020.

NOM-036’s purpose is to identify, analyze, prevent and control ergonomic risk factors derived from the manual handling of loads. Its application will be nationwide, and it will be applicable in all work centers with workers which activity implies the manual handling of loads equal or higher than 3kg on a daily basis (more than once per day). It is important to mention that as “manual handling of loads” it must be understood the activity performed by workers to lift, push, pull, transport and/or stack materials, using their strength and using or not auxiliary equipment.

The main obligations for employer are to have an analysis of the ergonomic risk factor derived from manual handling of loads; check workers’ health exposed to such risks; provide information to workers about the possible effects to their health due to the manual handling of loads; provide training about safety procedures, work safety and prevention and/or control measures, as well as to have the registries identify by the same NOM-036. Likewise, an ergonomic program must be drafted for the manual handling of loads, which has to be implemented in a period no higher than a year, and it establishes control administrative measures (resting periods, rotations of activities, etc.).

The identification of ergonomic risk factors requires an analysis of the activities performed by workers, with the purpose to determine the risk and the preventive and/or control measures, therefore, employers must identify and estimate of risks to carry out the analysis and issue the required report, which must fulfill specific characteristics.

NOM-036 sets forth several prevention and/or control measures, for example, that the manual load will be performed by workers with the necessary strength supported by a doctor and to have a procedure with the adequate technic to handle materials, among others. Likewise, it establishes general safety measures as previous warm-ups, set resting periods, provide adequate safety equipment and clothes (NOM-017-STPS-2008). 

The new legal provisions establishes that it must be prohibited that pregnant women and during 10 weeks after the birth, perform manual loading activities (lift and transportation) of more than 10kg of weight, forced positions or repetitive movements during long terms that require an abdominal effort or with the lower body. NOM-036 sets forth the maximum weight for lifting, depending on the genre and age of the workers and safety measures to push or pull loads. 

Through inspections, the Labor Ministry will review the compliance of this new provision and documentary and physical evidence must be required as well as interviews with workers.

Notwithstanding that NOM-036 is design for specific activities and industries, it is necessary that all employer perform the identification of risk factors, since, as for example, if within an office, those workers that perform archive or handling of office supplies may be exposed to such risks.

Should you require further information about NOM-035 and other labor and employment, social security and immigration matters, please do not hesitate to contact us at [email protected].