Summary of RGITAS reforms

Last Tuesday, August 23, the amendments to the General Regulations for Labor Inspection and Application of Sanctions (RGITAS) were published in the Official Gazette of the Federation (DOF), modifying 26 articles.

Here is a summary of the major changes

Changes to RGITAS (August 2022)

1. Express recognition of voluntary compliance programs and alternative procedures for compliance with labor regulations as alternative inspection mechanisms.
2. Inclusion of the health emergency or contingency as an imminent danger or risk.
3. Separation of the administrative inspection procedure from the penalty application procedure.
4. Inclusion of the REPSE registration as an object of notification, as well as refusal or cancellation of the registration.
5. Inspectors are obliged to implement and notify by instructions, the requirements of inspection orders in the event of refusal by employers to be inspected.
6. Updating of the authority's databases with data obtained in inspection reports or reports.
7. Elimination of the free selection of inspectors to inspect steam generators or boilers and vessels subject to pressure.
8. Incorporation in the selection of inspectors in a free manner to review subcontracting patterns.
9. Separation of supervisory inspections from verification inspections.

Reforms to the RGITAS on NOMs and more

1. Periodic inspection orders for NOMs applicable to the work center may only be issued taking into consideration the history of previous inspections and characteristics of the work center, i.e., they may not inspect for compliance with NOMs that are not applicable to the work center.
2. Defines the consequences for labor inspectors for not following the provisions of the regulation, for exceeding the scope of inspection orders or for excessive or incorrect application of NOMs.
3. New cases that motivate the performance of extraordinary inspections.
4. Specification of the reasons that originate inspections to verify compliance with labor NOMs.
5. Differentiated deadlines for correcting deficiencies and non-compliances identified in labor inspections: 
   1. Up to 30 days for health and safety inspections.
   2. Up to 5 days for all others. Here it should be noted that it used to be 90 days in general.
6. Change of the deadline to request an extension of the deadline for correction:
   1. Up to 30 working days in health and safety matters and only exceptionally when it is justified that the irregularities are due to causes beyond the employer's control.
   2. No extension for other matters. Previously it was generally for a period equal to that originally granted.
7. Confirmation that employers who meet the requirements of voluntary compliance programs will not be inspected.
8. We will carry out advisory and technical assistance visits to employers that implement the voluntary compliance program.
9. Visit by the authority to the work center after the sanctions have been notified to corroborate the implementation of the safety measures indicated in the inspection.

This reform came into effect on August 24, 2022, and procedures that were already underway will continue to be governed by the provisions of the regulations prior to this reform.

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