Article 343-D Federal Labor Law
TITLE SIX. Special Jobs · CHAPTER XIII BIS. On Mine Workers
Current text · last reform published in the Official Gazette of the Federation (DOF) on 14 May 2026
Employees may refuse to provide their services, provided that the Joint Commission on Safety and Hygiene (Comisión Mixta de Seguridad e Higiene) confirms that:
I.They do not have the proper training and instruction that allows them to identify the risks to which they are exposed, the manner of avoiding exposure to them and performing their labors under safety conditions.
II.The employer does not provide them with the personal protective equipment or does not train them for its correct use.
III.They identify situations of imminent risk that may endanger their life, physical integrity or health or those of their coworkers.
When the employees have knowledge of situations of imminent risk, they must withdraw from the place of work exposed to that risk, making this circumstance known to the employer, to any of the members of the Safety and Hygiene Commission or to the Labor Inspection (Inspección del Trabajo).
Once the Labor Inspection is informed, by any means or form, that a situation of imminent risk exists, it must verify the existence of said risk, through the Labor Inspectors that it commissions for such purpose, and immediately order the corrective or preventive measures on matters of safety and hygiene with the purpose of safeguarding the life, physical integrity or health of the employees. Said measures may consist of the total or partial suspension of the activities of the mine and even in the restriction of access of the employees to the work center until such time as the necessary safety measures are adopted to inhibit the occurrence of a disaster.
In the event that an employer refuses to receive the labor authority, the latter may request the assistance of the public force, Federal, State or Municipal, as the case may be, to enter the work center and comply with its functions of oversight of compliance with the labor regulations. The Labor Inspection must notify this circumstance to the mining authority so that the latter proceeds to the suspension of mining works and labors in the terms of the Law on the matter.