“Social security is a very broad issue that encompasses not only occupational hazards and general diseases, but also prevention. Whenever doctors give an opinion, a certain analysis is carried out, which covers the anamnesis, which is conducted by a direct interview, physical examination, medical history (medical notes, clinical summaries, medical studies), additional medical studies, with a conclusion to be made many factors. It is important to know where the damage is to support your decision,” he concluded. A very important element for prevention are laws, so it is important to know them, they determine the conditions that should prevail for safety and health in the workplace, so that the promotion of compliance helps to prevent accidents and occupational diseases. Occupational medicine is a specialty that is responsible for assessing workers` health and linking work conditions and processes to health. As a worker, it is important that you are aware of the provisions of the legal framework for occupational health and safety. For this reason, we inform you here about the powers of the labour authorities, the obligations that correspond to both employers and employees in this regard, as well as the applicable NOM. Article 38, section II; Article 40, Section VII, and Articles 43 to 47 of the Federal Act on Metrology and StandardizationThe labour authorities have the power to issue the NOM according to their powers, in order to determine, among other things, the health, safety and hygiene conditions to be respected in the workplace and the drafting process. Modification and publication thereof. Under Article 134, Sections II and X of the Federal Act on Labour and Social Security, the employee is obliged to comply with the provisions on safety, health and the working environment contained in the regulations and in the NOM, as well as the provisions indicated by employers for their safety and personal protection, and to submit to medical examinations, internal regulations and other regulations applicable in the enterprise or establishment.
are provided. check that they do not suffer from a disability or a contagious or incurable occupational disease. Article 10 of the Federal Ordinance on Occupational Safety and HealthThe Ministry of Labour and Social Affairs is empowered to issue NOMs on the basis of the Federal Act on Metrology and Standardization and the Federal Labour Code to establish occupational safety and health provisions. avoid risks endangering the life, physical well-being or health of workers, as well as adverse and substantial changes in the working environment which affect or may affect the safety or health of workers or cause damage to the installations, machinery, equipment and materials of the workplace. PROFEDET`s deputy director of forensic medicine, Ana Laura Rosete Santos, said the judge is informed by medical opinions about the physical condition of people arriving at the Attorney General`s office resulting from occupational risks or general illnesses. In all workplaces, companies are required to ensure the safety and health of their employees through the prevention of occupational risks in order to avoid accidents and diseases resulting from workers` duties, which can affect their quality of life. In order to achieve this objective, they must comply with a regulatory framework for occupational safety and health consisting of various principles contained in the Political Constitution, the Organic Law of the Federal Public Administration, the Federal Labour Act, the Federal Act on Metrology and Standardization, and the Federal Ordinance on Occupational Safety and Health. as well as in the Mexican Official Standards (NOM). Article 123, section “A”, section XV of the Supreme LawThe employer is obliged, depending on the nature of his negotiation, to comply with the legal requirements relating to health and safety in the premises of his enterprise and to take appropriate measures to prevent and thus organize accidents in the use of machinery, instruments and work equipment. This is the greatest guarantee of workers` health and lives. An important part of the system of the Federal Procurator for the Defence of Labour (PROFEDET) is the field of forensic medicine, in which a group of doctors specialized in occupational medicine and registered with the Federal Commission for Conciliation and Arbitration evaluates social security and issues opinions: accidents at work, occupational diseases, Permanent partial or total disability, disability or declaration of beneficiaries (children) who are unable to: to take care of you. Under article 132, section XVI of the Federal Labour and Social Security Act, the employer is obliged to establish and operate factories, workshops, offices, premises and other places where the work is to be carried out, in accordance with the provisions of the regulations and the NOM on safety, health and the working environment.
prevent accidents and occupational diseases and take preventive and corrective measures established by the Labour Authority. The ratings issued are divided into occupational hazards, which cover accidents on the way to home or work at home; in the undertaking, in a committee or in occupational diseases resulting from the activities of the undertaking. The second point concerns general diseases. Societies need rules to live together, and this also applies to the world of work. Occupational health develops through the relations between capital and labour, in the links established between companies and their employees: in a conflictual space, since there are usually different interests, rules and norms of behaviour are needed to determine the guidelines to be followed. Article 512 of the Federal Act on Labour and Social SecurityThe regulations and instructions of the labour authorities shall provide for the necessary measures to prevent occupational risks and to ensure that they are provided in conditions that guarantee the life and health of workers. A frequently asked question is whether health professionals should know the law. This chapter presents the elements to answer this question. It is structured in such a way that it begins with a brief description of what the laws are in society.
It continues with the historical context of occupational health, safety and health regulations around the world and in Mexico in particular. It then illustrates the structure of the legal framework in this area, from its foundations to the most specific aspects. The objective is to show the training professional all its components so that he has the necessary references in his future performance to consult the standards, principles and methods of prevention of work-related health changes. “Through the request they make, an analysis and integration of medical studies is carried out to determine whether it is a general disease or occupational diseases; We give an opinion, and this opinion is the basis for the preparation of the application for social security,” he said. Disclaimer: These quotes have been generated automatically based on the information we receive and may not be 100% accurate. Please refer to the official style manual if you have any questions about the accuracy of the format. According to Rosete Santos, the degree of disability within the disability must be evaluated in accordance with Articles 513 and 514 of the Federal Labour Code to determine what percentage corresponds to each user according to the decrease in the functional organ. Under article 132, section XVII of the Federal Labour and Social Security Act, the employer is obliged to have at all times the necessary medicines and remedies to ensure prompt and effective first aid.
The law is general and abstract, it has been established for an indefinite number of actions and in order to regulate all persons who find themselves in a particular situation, it is mandatory. The law is valid indefinitely, from its promulgation until its repeal. Another topic addressed by Legal Medicine concerns issues related to INFONAVIT credits. In the event that an employee has debts with this company, PROFEDET has an agreement by which the employee`s disability status can be determined on the basis of a medical diagnosis, and with this opinion, INFONAVIT initiates a procedure to release this employee from his guilt. Perhaps the first question that needs to be defined is, what is the law? According to French lawyer Marcel Planiol, it is a binding social rule that is permanently established by authority and sanctioned by force.1 In this diagnosis, the job profile is crucial, as a person can develop many diseases due to various factors such as life status or genetics.
