Mexico City December 11, 2023
On December 4, 2023, the Ministry of Labor and Social Welfare published the Decree that updates the Work-related Diseases Chart, with effects starting as of December 5, 2023.
As part of this reform, 88 new occupational diseases were included.
The new chart aligns with the International Classification of Diseases ICD-11 of the World Health Organization, which came into effect on February 11, 2022. Among the main changes we can highlight the following:
- Mental disorders such as anxiety, depression, stress, and insomnia are recognized for the first time in the Federal Labor Law.
- Specific diseases for women, such as endometriosis or infertility, are included.
- The number of cancers is expanded from 4 to 30 types.
- The number of types of diseases due to poisonings increased by almost 30%.
- The group of infectious and parasitic diseases will go from 21 to 41, with COVID-19 being a notable addition.
The mentioned reform also proposes the publication of a Catalog of Certificates for the Valuation of Work-related Diseases, which will be used to assess the causal relationship between the work performed and the harm caused.
Additionally, a new obligation is set for the Ministry of Labor and Social Welfare to review the chart of diseases and the Certificates for Valuation at least every five years (no later than December 3, 2028).
In line with this, the Ministry has a period of 45 business days from the entry into force of this decree to publish in the Official Gazette the Catalog of Certificates for the Valuation of work-related diseases, this means, prior to February 8, 2024.
On the other hand, the Mexican Social Security Institute will rely on the mentioned catalog to grade these pathological conditions as work-related diseases, requiring proof of the causal link.
In this way, diseases are incorporated, which may have a direct impact on the company’s accident rate for the determination of the Premium in the Occupational Hazards Insurance.
Likewise, it is established that the Mexican Social Security Institute and the Ministry will create the applicable regulations to determine the grading process for specific work-related disease.
While these modifications protect the human rights to a dignified work, employers will need to take additional measures to prevent occupational diseases that could influence costs, productivity and the wellbeing of its employees.
The labor and social security attorneys at Basham remain at your service for any doubt or comment regarding this note.
Gil Alonso Zenteno García
Jorge A. de Presno Arizpe
David Eugenio Puente Tostado
Santiago Villanueva Durán
Luis Antonio Álvarez Cervantes