Nom-034-STPS-2016

how to comply with its requests

NOM

NOM-034-STPS-2016

Norma Oficial Mexicana, official Mexican norm, seeks to guarantee job equality and was issued by the Secretaría del Trabajo y Previsión Social with the title:

Security conditions for access and activity development for workers with disabilities in work centers 

Although some aspects in the subject are already contemplated in the Norma Oficial 001-STPS-2008, the new precept details the employer’s obligations, as well as the elements for its instrumentation, in the area of workplace security and health. 

The NOM-034-STPS-2016 was published in July, 2016 and came into effect in September of the same year. 

To the employer who does not comply with the security and hygiene norms and those of work risk prevention, the Ley Federal del Trabajo, in its Article 994, considers sanctions that go from 250 to 5000 times the minimum salary, equal to 18,260 up to 365,200 pesos, according to the value of the new Unidad de Medida y Actualización (UMA), unit of measure and actualization, determined by the INEGI.

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THE MOST IMPORTANT

What you need to know to comply with this NOM

WHAT?

Compatibility analysis
Position-Person with disability

The employer must establish preventive and corrective actions that must be implemented in the workplace and conduct an analysis that determines the compatibility between the position and the disability that the worker has. 

Within those actions, the following must be considered for each position and workplace: 

  • Each worker’s disability.
  • The workplace area.
  • The specific risks related to the workers’ disabilities.
  • Existing measures of technical or administrative controls, as well as an evaluation of their effectiveness and, in its case,
  • Additional control measures that the employer determines in order to minimize risks. 

FOR WHAT?

it’s important to know what people’s (including those with different disabilities) characteristics should be in order to occupy a determined position within the company in a safe and efficient manner.  This will help in selecting people for their skills, experience, knowledge and preparation without excluding or discriminating due to disabilities or any other characteristic. 

 

Universal Accesibility

The new Official Norm establishes that work centers must place visual, auditory and/or tactile signage that allows movement, stays and what to do in case of emergency, according to the workers’ disabilities.  

The intention is that people who are hired can perform their work safely and have growth opportunities, without physical barriers or information which impedes them from doing so. 

Plan for attending to emergencies

It obligates having a plan to attend to emergencies, with alert procedures; instructions in case of contingency; location of evacuation routes, exits, emergency stairs, low-risk zones and gathering points, among others, in which workers with disabilities are considered.  

 

Some people with disabilities could need technical help or support in an emergency situation.  This must be documented and training must be given so that, if necessary, procedures be done correctly without placing anyone at risk.  

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