1. SUMMARY OF THE PETITION



2. JURISDICTION



1. The NAO's Authority in the Case



2. Mexico's Violations of the NAALC



3. Applicable Mexican Laws



4. Application of International Agreements


3. THE SUBMITTERS



4. THE ENTITIES ABOUT WHICH THE PARTIES COMPLAIN



5. STATEMENT OF FACTS



1. Auto Trim and Custom Trim/Breed Mexicana



2. The Assembly Processes at Auto Trim and Custom Trim/Breed Mexicana



3. Occupational Health and Safety Risks at Auto Trim and Custom Trim/Breed Mexicana



1. The employers fail to provide information about occupational hazards and training to reduce risk of injury



2. Auto Trim and Custom Trim/Breed Mexican's plant managers and supervisors pressure workers to meet excessively high production quotas without regard for their health and safety



3. Poorly designed work stations continually expose workers to health and safety risks



4. Injuries and illnesses associated with the use of chemicals, glues, and solvents in use at Auto Trim and Custom Trim/Breed Mexicana



1. Worker contact with glues and solvents



2. Documented health hazards from using glues and solvents without proper safety equipment



3. Worker symptoms at Auto Trim and Custom Trim/Breed Mexicana



4. Inadequate health and safety infrastructure at Auto Trim and Custom Trim/Breed Mexicana increases risks to workers from glues and solvents



1. Inadequate or non-existent ventilation, exhaust systems, and temperature controls at Auto Trim and Custom Trim/Breed Mexicana



2. Inadequate personal protective equipment


5. Failure to institute safer protocols for handling glues and solvents



5. Injuries associated with the processes of sewing and stretching, and trimming and fitting the leather at Auto Trim and Custom Trim/Breed Mexicana



1. Musculo-skeletal damage and cuts and gashes on workers' bodies



2. Failure to institute safer production methods and interventions to prevent and/or remedy workers' injuries resulting from the sewing, cutting, and stretching of leather


6. No meaningful health and safety committees or health and safety plans



7. Failure to stock proper first-aid medical supplies in on-site plant infirmaries


4. Inadequate Reporting, Diagnosis, Treatment and Compensation for Work Place Illnesses and Injuries



5. Informal Health and Safety Complaints, Recommendations, and Requests Made by Auto Trim and Custom Trim/Breed Mexicana Employees to Plant Management



6. 1997 Contract Negotiations at Custom Trim



7. Petitions Submitted by Current and Former Auto Trim and Custom Trim/Breed Mexicana Workers to STPS, IMSS, and SSA Alleging Numerous Violations of Mexico's Occupational Health and Safety Laws



1. Petitions filed with STPS in Ciudad Victoria



2. Petitions filed with IMSS in Ciudad Victoria



3. Petition filed with SSA in Ciudad Victoria


6. THE PERSISTENT FAILURE OF THE MEXICAN GOVERNMENT TO ENFORCE AND COMPLY WITH OCCUPATIONAL HEALTH AND SAFETY LAWS WITH RESPECT TO AUTO TRIM AND CUSTOM TRIM/BREED MEXICANA: A LEGAL ANALYSIS


1. STPS Has Persistently Failed to Enforce Occupational Health and Safety Laws and Regulations


1. STPS has persistently failed to conduct legally-mandated inspections



2. STPS has persistently failed to issue orders for corrective measures or sanctions



3. STPS has persistently failed to enforce laws regarding the reporting of and referral, treatment, and compensation for work-related injuries and illnesses



4. STPS has persistently failed to ensure the existence of properly-functioning workplace health and safety committees and health and safety plans



5. STPS's failure to enforce Mexico's occupational health and safety laws has resulted in violations by Auto Trim and Custom Trim/Breed Mexicana with respect to the use of chemicals, glues, and solvents, and has caused harm to workers' health and safety


1. Failure to inform and train workers about health risks cuased by exposure to those chemicals, the chemicals they use, and violations of workers' "right-to-know"



2. Failure to comply with regulatios governing temperature and ventilation



3. Lack of adequate personal protective equipment to safeguard workers from risks caused by chemicals



4. Improper storage of chemicals



5. The plants' failure to implement chemical monitoring and reporting, and medical testing of workers exposed to chemicals



6. Lack of emergency preparedness measures in case of chemical spills or fire


6. STPS's persistent failure to enforce Mexico's occupational health and safety laws has resulted in violations by Auto Trim and Custom Trim/Breed Mexicana related to the sewing and trimming processes and has caused harm to workers' general health and safety



1. Failure to design jobs to minimize disabilities caused by the sewing, stretching, and trimming processes



2. Failure to inform and train workers about dangers related to the sewing process and how to reduce risk


2. Persistent Failure by IMSS to Enforce Laws and Regulations Regarding Work-Related Injuries and Illnesses


1. IMSS has persistently failed to conduct plant inspections and investigations



2. IMSS has persistently failed to enforce laws requiring employees to report promptly and accurately report work-related injuries and illnesses, and to authorize workers to receive necessary medical attention


1. IMSS failed to enforce laws requiring employees to report work-related injuries and illnesses to IMSS



2. IMSS failed to enforce laws requiring employers to respect workers' rights to receive medical attention and appropriate compensation


3. IMSS personnel themselves persistently failed to properly diagnos and treat work-related illnesses and injuries, and to properly valorize compensation due to workers for their ongoing work-related disabilities


1. Failure by IMSS personnel to provide proper diagnosis and treatment



2. IMSS' failure to valorize properly and to compensate appropriately workers disabled because of work-related illnesses and injuries


4. IMSS persistently failed to promote or implement training and prevention programs



5. IMSS has persistently failed to impose sanctions on Auto Trim and Custom Trim/Breed Mexicana and IMSS employees for violations


3. Persistent Failure by the SSA to Enforce Health and Safety Laws and Regulations at Auto Trim and Custom Trim/Breed Mexicana


1. Applicable Law


1. Federal Constitution of the United Mexican States



2. Ley Organica de la Administracion Publica Federal (LOAPF)



3. Ley General de Salud (LGS) and its norms


1. The jurisdiction and power of the SSA to enforce the LGS and its norms



2. SSA responsibility for sanitary control



3. SSA responsibility for sanitary authorizations



4. SSA responsibility for sanitary oversight



5. Sanitary safety measures



6. Administrative sanctions


4. Reglamento Interior de la Secretaria de Salud (RISS)


2. Persistent failure by the SSA to carry out verification visits



3. The SSA persistently fails to sample the levels of toxic substances or require its inspectors to sample at Auto Trim and Custom Trim/Breed Mexicana



4. The SSA has persistently failed to enforce NOMs that direct Auto Trim and Custom Trim/Breed Mexicana to conduct biological monitoring of workers to determine the employers' compliance with maximum permissible exposure to toxic substances



5. SSA's persistent failure to implement safety measures and administrative sanctions at Auto Trim and Custom Trim/Breed Mexicana


7. RELIEF REQUESTED OF THE U.S. NAO



8. END NOTES

APPENDICES

1. Petitions filed with STPS, IMSS, and SSA regarding health and safety conditions at Auto Trim and Custom Trim/Breed Mexicana



2. Former and current employees: affadavits and interviews



3. Reports on Health and Safety Problems at Other Maquiladoras at the Northern Mexico Border


1. Pastoral Juvenil Obrera, Investigacion Sobre Problemas de Salud en La Industria Maquiladora en Matamoros, December 1998



2. Obrero Regional (CAFOR) Survey of Maquiladora Workers on Occupational Health and Safety in Tijuana and Tecate, Mexico, June-July 1996


4. Material Safety Data Sheets