CASE STUDY: LABOR INSPECTION

In the year 2020 in a case of labor inspection, within an auto parts company, which had a number of workers of 300 people in production, being us lawyers of the company, for which we were informed that there were personnel of the Secretary of Labor and Social Welfare, this in the State of Jalisco, trying to enter the facilities to make an inspection in terms of working conditions and safety at work, In Jalisco, if you do not allow the inspectors to enter to carry out the inspection, you are not fined because they leave you the inspection reports, so that you go on certain days that they indicate there to comply with the required documents, they fine you if you fail to comply with the requirements in the reports, being the following:

General working conditions inspection reportin which the following documentation was required:

• Articles of Incorporation (and notarization)
• Power of Attorney of the Legal Representative
• Power of attorney before two witnesses (attaching identification)
• Official identification of the legal representative
• Municipal License that matches the business, name and address.
• RFC, registration with the tax authorities, corresponding to the line of business, name and address
• Notice of change of tax status
• Individual employment contracts
• Official employee photo IDs
• Payroll receipts for the last month prior to the inspection, signed by the employee.
• Christmas bonus payment receipts
• Receipts for vacation pay, vacation premium and proof of vacation for the immediately preceding year, with date of entry, daily salary and number of years and days worked.
• Personnel check-in and check-out records, signed by worker with meal times
• Signed receipts for overtime pay
• Signed Sunday premium payment receipts
• Payment receipts of the last IMSS and INFONAVIT liquidation (attaching SUA detail) and IMSS registration.
• Internal labor regulations, filed with the Conciliation and Arbitration Boards.
• Annual income tax return for fiscal year 2019 and/or supplementary tax return
• Receipt of the delivery of the annual PTU statement to the workers' representative
• Act of integration of the Joint Commission for Profit Sharing
• Employee profit sharing plan and receipts for payment of PTU, signed by employees
• REPECO receipts (1 year prior to inspection)

Technical Inspection Reportin which the following documentation was required:

• Health and Safety Charter
• Minutes of the health and safety commission's tours of the premises
• Form DC-1 and constitutive act of the joint commission for training, education and productivity and bases of functioning
• Form DC-2 and specific training, development and productivity programs
• List of certificates of competencies or job skills
• Program / List of safety measures or work skills
• Occupational health and safety situational diagnosis
• Boilers boiler register
• Pressure vessels
• General conditions of the premises
• Electrical installations
• Pipelines
• Order and cleanliness
• Aisles and pallets
• Loading equipment
• Guards for machinery
• Fire fighting equipment
• Safety signs
• Physical agents: noise, vibration, lighting, temperature, dust, humidity, ventilation, etc.
• Equipment, tools and machinery
• Hazardous chemicals
• Biological agents
• Initial medical examinations
• Lockers and dressing rooms
• Personal protective equipment
• First aid kit
• Canteens
• Unsafe acts and/or conditions detected during the inspection

I wanted to put the list of the documents that come in the minutes of the State of Jalisco, they are general lists that the inspectors decide what documentation to ask for and what not, according to the line of business.

Not all inspections ask for the entire list of documents, it will depend on the line of business and the number of workers (the latter is a myth), since the law states that for the constitution of mixed commissions or to have a union there must be more than 50 workers, but in practice they do ask for the constitution of the same.

What is underlined and in bold in the list is what was not presented to the inspection, since this is not handled due to the line of business.

The company had not set up health and safety commissions, it did not have an occupational health and safety report, nor a civil protection report, a term of 10 working days was granted to go to the STPS inspection area, We had to hire a company specialized in civil protection, to provide the personnel with first aid training, handling of fire extinguishers, signage, which was a real preparation and not a simulation, to regularize the company's standards for its benefit and to be able to avoid and reduce possible work risks.

Regarding General Conditions of the premises:

• Electrical installations *Piping *Piping *Order and cleanliness *Aisles and pallets *Loading equipment *Guards for machinery *Fire equipment *Safety signs *Physical agents: noise, vibration, lighting, temperature, dust, humidity, ventilation *Equipment, tools and machinery *Hazardous chemicals *Biological agents

Everything was worked on with machinery reports and instructions, reviews by professionals, where the condition of the machinery was documented, those in good condition and those not in good condition, and work began to improve them.

They wonder if we were able to comply with everything in the term of days, it was only done partially, the inspection report of working conditions of compliance within the period granted, but not the technical inspection report, since the employer's intention was to regularize and take care of the safety and risks of its employees, for which we presented evidence of what was being worked on and requested an extension which was granted for a period of 15 more working days, The criteria of how much time the secretary of the state grants depends on them, it has also happened to us in practice that they do not give us time, but they are not asking us to come every week with the advances, to make sure that they are being done, since the real objective of a labor inspection is that the companies comply with the official Mexican regulations.

On the other hand, the Federal Secretary of Labor, who has not granted me an extension, in addition to the fact that their terms are 5 working days, are not so accessible, implying that their intention is to collect taxes and not that the companies are in order, I clarify that I speak from my particular point of view and according to the inspections that I have had to attend, I do not doubt that in some special case they grant an extension, but it has not been my case.

The STPS in Jalisco, if you accredit with official or professional documents, for example an opinion of a formal electrician that if they are well or that the arrangements were made, the same inspectors do not need to go to the facilities to see if it is real, instead in civil protection since we are talking about a factory, if the firefighters go, Once everything is delivered, the STPS has a term of 5 working days to issue a resolution on the compliance or non-compliance of the inspection, in practice it takes up to 2 months, due to the workload.

In the event that the inspection is completed, the resolution will be delivered, and no other inspection may be carried out until one year has passed.

Therefore, in case of non-compliance or only partial compliance, the employer will be fined for each point or document not complied with.

References:

Federal Labor Law. Congress of the Union. Virtual Library. Retrieved May 02, 2025. https://www.diputados.gob.mx/LeyesBiblio/pdf/LFT.pdf