END NOTES

1. These petitions are attached at Appendix I.

2. The General Health and Safety Regulation in the Workplace (Reglamento General de Seguridad y Hygiene en el Trabajo (RGSH)) helped implement the LFT prior to the enactment of the RFSH. Like the RFSH, the RGSH, which consisted of 271 articles, delineated specific workplace requirements designed to protect worker health and safety. Petitioners maintain that the STPS persistently failed to enforce the RGSH as well as the RFSH at Auto Trim and Custom Trim/Breed Mexicana.

3. Indeed, article 6 of the LFT explicitly incorporates international treaty provisions regarding labor issues. Article 6 states:

The respective laws and treaties concluded and approved in the terms of Article 133 of the Constitution shall apply to labor relations insofar as they are to the worker's advantage, as from the date of commencement of their validity.

4. Ratified by Mexico January 2, 1984.

5. Ratified by Mexico on February 17, 1987.

6. Ratified by Mexico on September 17, 1992.

7. Ratified by Mexico on March 23, 1981.

8. Signed by Mexico on December 10, 1948.

9. Signed by Mexico on May 2, 1948.

10. Signed by Mexico on November 17, 1988.

11. Ratified by Mexico on March 24, 1981.

12. Constitution of the World Health Organization, July 22, 1946.

13. Constitution of Pan American Health Organization, Buenos Aires, October 2, 1947.

14. Mexican Laws and Regulations Governing Occupational Safety and Health, A Selection of Principle Documents, Occupational Safety and Health Administration, U.S. Department of Labor (January 1993), pg. viii.

15. Id. at ix.

16. LGS art. 3, §XIV.

17. See, e.g., Michele Gónzalez Arroyo, Garrett Brown, Simon Bromis, Elizabeth Knight, and Tim Tatearo, The CAFOR Survey of Maquiladora Workers on Occupational Health and Safety in Tijuana and Tecate Mexico, Maquiladora Health and Safety Support Network (June-July 1996); Investigación Sobre Problemas de Salud en La Industria Maquiladora en Matamoros, Pastoral Juvenil Obrera (December 1998) (reports attached at Appendix III); and NAO decisions in Submission Nos. 9701 (Gender), 9702 (Han Young), 9703 (ITAPSA). See also generally, Elvia R. Arriola, Voices from the Barbed Wires of Despair: Women in the Maquildoras, Latina Critical Legal Theory and Gender at the U.S.-Mexico Border, 49 De Paul Law Review 729 (2000).

18. The Custom Trim Ltd. group of companies, including Auto Trim and Custom Trim, was acquired by Breed Technologies for $70 million in February 1997. United States Securities and Exchange Commission. Annual Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 (June 30, 1997) [hereinafter Securities and Exchange Commission Annual Report] at 14 http//www.sec/gov/Archives/edgar/data/891531/0000891554-97-000910.txt. (visited June 3, 1998). In November 1998 Breed closed the original Custom Trim plant in Valle Hermoso, and according to workers, re-opened it as Breed Mexicana Plant #2 at a different location in Valle Hermoso, with the same machinery and much of the same workforce. This plant continues to produce leather gear shift covers. Auto Trim's operations were not affected.

19. Id. at 1-2.

20. Id.

21. These three car makers have recognized Auto Trim and Custom Trim for their high quality products by certifying both maquiladoras as complying with the quality control specifications under the car makers' QS-9000 guidelines. This logo, QS-9000, can also be seen outside Breed's offices located in the industrial park in Valle Hermoso, Tamaulipas.

22. THE COMPLETE TWIN PLANT GUIDE, published by Solonet, The Solutions Network, 4416 North Nefa, El Paso, Texas 79901 (1999).

23. EMPRESA, No. 36, January 1999 at 49.

24. Until 1997, Custom Trim Ltd. operated plants in Canada. Like their Mexican counterparts, workers in Canadian plants produced and assembled leather steering wheel and gear-shift knob covers. The Canadian workers earned an average of $ 12.00 Canadian Dollars an hour ($8.64 US). They typically worked eight hours per day, five days per week. Workers in Mexico worked 48 hours per week and earned $0.71 (Canadian Dollar) or ($ 0.51 US) per hour. See, April Lingren, Mexican Workers Talk Shop, THE OTTAWA CITIZEN, August 21, 1997. Currently, workers in Mexico average US$.50 an hour. EMPRESA, No. 36, January 19, 1999 at 49.

25. See Affidavit F for a detailed description of the new production processes at Auto Trim.

26. See id.

27. See, e.g., Affidavit K.

28. See, e.g., Affidavits K and R.

29. Affiant K, formerly a Custom Trim worker, stated that he often asked for instruction manuals on how to use chemicals and equipment. He said that management threatened to fire him if he continued to ask for manuals. See e.g., Affidavits B, K, L, V, W, X, Y; Interviews D, E.

30. One worker described that workers were never given any training or instruction on how to use the chemicals or any information about the dangers of working with them. He stated that workers are only to work ("Solamente, trabaja!"). See Affidavit B.

31. See e.g., worker affidavits and interviews(attached as Appendix II) including: Affidavit A (musculo skeletal stress and two miscarriages); Affidavit B (musculo-skeletal injuries and nausea); Affidavit C (musculo-skeletal injuries, respiratory difficulties; menstrual irregularities); Affidavit D (headaches and dizziness; shoulder ache and wrist pain); Affidavit F (musculo-skeletal injuries; chronic lower back pain); Affidavit I (headaches and dizziness, respiratory difficulties, skin rashes, low blood pressure); Affidavit J (muscular stress; cysts in wrist and arm; itching and burning sensations; chronic body pain and loss of muscular strength for simple tasks as cooking, sweeping, etc.); Affidavit H (musculo-skeletal injuries and inflammation of hand, arm, neck and shoulder).

32. See Affidavit B.

33. See Affidavit K.

34. See Interview A and Affidavit Q.

35. See, e.g., Affidavits E, F, and W.

36. Interview E.

37. See, e.g., Affidavits B, C, Q, R, and W. 37See e.g., Affidavit F.

38. See, e.g., Affidavit F.

39. Id.

40. The Submitters learned the identity of the glues and solvents used at Auto Trim and Custom Trim/Breed Mexicana from a variety of sources; however, as noted above, both plants failed to provide information directly to workers about the identity and risks of the chemicals being used.

41. A vapor is the gaseous form of a substance that is primarily a liquid or a solid at normal pressure and temperature. Most organic solvents evaporate and produce vapors. During the cure cycle "blooming" or "frosting" may take place with glues such as Sicomet 5019 and Loctite. This phenomenon prevents the vapors, which are heavier than air, from fully dissipating and actually concentrate around the bonding area creating a serious health hazard for workers. Frosting usually occurs in the summertime when there is high humidity. (Visited July 9, 1998)http://www.rbssystem.com/_private/hazardous.htm and http://www.loctite.com/info/help/fatq.html (Loctite-Most Frequently Asked Technical Questions).

42. See, e.g., Affidavit W.

43. See Material Safety Data Sheet issued by Henkel Corporation on April 30, 1993. All material safety data sheets (MSDS) cited in this submission are attached at Appendix IV.

44. See Material Safety Data Sheet issued by Halltech Inc. issued in October, 1999.

45. See Material Safety Data Sheet issued by Loctite Corporation on December 12, 1999.

46. See Material Safety Data Sheet issued by Wilsonart International on September 27, 1999.

47. See Material Safety Data Sheet issued by Hill Brothers in 1993.

48. See Material Safety Data Sheet issued by Exxon Chemical Company on February 25, 1999.

49. This information is drawn from the following sources: Francisco Mercado Calderón, "Avances Recientes en el Monitoreo Biologico Ocupacional a Substancias Químicas Potencialmente Tóxicas," (Recent Advances in the Occupational Biological Monitoring of Potentially Toxic Chemical Substances), Boletín de Investigación, Educación y sus Nexos, 2:2, 58-62, Facultad de Estudios Superiores Zaragoza, UNAM, México, 1995; Francisco Mercado Calderón, La Toxicología Industrial y La Salud en el Trabajo, (Industrial Toxicology and Health in the Workplace), La Jornada Laboral, September 26, 1996; Francisco Mercado Calderón, Contaminantes Orgánicos Volátiles, (Volatile Organic Compounds) Introducción a La Toxicología Ambiental, (Introduction to Environmental Toxicology), Capítulo 18, 299-313, Mèxico, 1997, Editora, Dra. Lilia A. Albert, Centro Panamericano de Ecología Humana y Salud, División de Salud y Ambiente, Organización Panamericana de la Salud, Organización Mundial de la Salud. National Library of Medicine Specialized Information Services at http://sis.nlm.nih.gov; Handbook of Toxic and Hazardous Chemicals and Carcinogens by Marshal Sitting, 3rd Edition, 1991; Hazardous Chemicals Desk Reference by Richard Lewis, Fourth Edition 1997; National Institute of Health and Human Services, National Institute for Occupational Health and Safety Pocket Guide to Chemical Hazards 1997; Agency of Toxic Substances Disease Registry's Public Health Statement December 1990; Center For Occupational Health and Safety at http://ccinfoweb.ccohs.ca/mSSA ; Material Safety Data Sheet issued by Henkel Corporation on April 30, 1993; Material Safety Data Sheet issued by Loctite Corporation on December 12, 1999; Material Safety Data Sheet issued by Exxon Chemical Company on February 25, 1999; Material Safety Data Sheet issued by Halltech Inc. issued in October, 1999; Material Safety Data Sheet issued by Hill Brothers in 1993; Material Safety Data Sheet issued by Wilsonart International on September 27, 1999; Interview with Dr. Francisco Mercado Calderón, January 29, 1999.

50. Organic solvents can pass through the placenta. Some experts believe that if an embryo is exposed to solvents, especially during the third to seventh week of pregnancy, miscarriage or fetal damage can result. Toluene has also been associated with damage to male reproductive systems, and anencephaly in babies whose fathers, as well as mothers, have been exposed to toluene. Interview with Dr. Francisco Mercado Calderón, January 29, 1999. See also Lindbohm ML, Taskinen H, Sallmen M, Hemminki K, Spontaneous Abortions Among Women Exposed to Organic Solvents, AM. J. IND. MED. 17: 449-463 (1990); Mc Donald JC, Lavoie J, Cote R, Mc Donald AD, Chemical Exposures at Work in Early Pregnancy and Congenital Defects: A Case-Referent Study, BR. J. IND. MED. 44:527-533; Brender JD, Suarez L. (1990), Paternal Occupation and Anencephaly, AM. J. EPIDEMIOLOGY 131:517-521; Daniel WE, Vaughn TL., Paternal Employment in Solvent-related Occupations and Adverse Pregnancy Outcomes, BR. J. IND. MED. 45:193-197 (1988).

51. Some workers suffer health problems related both to the sewing process and to unprotected use of glues and solvents. A former Auto Trim worker, now deceased, recounted the following situation: "I sewed steering wheel covers onto steering wheels. I had continuous pain in my arm, shoulder and neck, and was put in physical therapy. I also worked with white glue, yellow glue, and Varsol. I never had a mask or gloves. I would get headaches too." See Affidavit U. The kinds of problems described by this former worker were echoed by dozens of current and former employees interviewed in the course of preparing this submission.

52. See, e.g., Affidavit B; Affidavit F; Affidavit K; Affidavit L; Affidavit N; Affidavit O; Affidavit P; Affidavit R; Affidavit W, Affidavit Y; Interview D and Interview E; and excerpt of Worker Testimony from La Chamba Newsletter, Number 1, October 1996, attached at Appendix II.

53. See Affidavit C; Interview D; Interview E; Interview H; Affidavit I; Interview J; Affidavit L; Affidavit R; Affidavit T; and Affidavit Q; Affidavit R; Affidavit V; Affidavit W; Affidavit X.

54. See Affidavit C. Affiant C describes, for example, "I use a variety of chemicals at Auto Trim. I use the yellow glue and Varsol to remove excess glue from the leather during the entire 8 hours that I work my shift. They only give me glasses for protection and there are no suction tubes near my work station. I try to stay as far from the finishing area as I can because I can't breathe and I feel like I am drowning, like I need more air and my throat gets very dry. I use the Varsol with a rag because they don't give us gloves and as I said the vapors are very strong and I am inhaling these fumes all day long."

55. See Affidavit L and Interviews H, O.

56. See Affidavit D; Affidavit K, Affidavit L.

57. See, e.g., Affidavits A, D, J, L; Complaint and Petition by Auto Trim Workers, December 1996, attached at Appendix II.

58. See id.

59. See, e.g., Affidavit L, Interviews H and O.

60. See, e.g., Affidavits M and Q.

61. See, e.g., Affidavits B, K, L, M, Q, and W, Interview E.

62. From the outside, the Custom Trim/Breed Mexicana and Auto Trim buildings look like giant rectangular blocks. There are reportedly no windows, except, perhaps, in the administrative offices.

63. See, e.g., Affidavits B and W.

64. See, e.g., Affidavit K.

65. See, e.g., Affidavits K, L, V, W; Interviews D, E, and F.

66. Interview with Dr. Francisco Mercado in Mexico City, January 29, 1999.

67. Affidavit F and Affidavit K.

68. Interview with Dr. Francisco Mercado in Mexico City, January 29, 1999. See also HEALTH AND SAFETY MANUAL ON TOXICOLOGY (produced by CILAS and PIDCAST), for a training sponsored by the Coalition for Justice in the Maquiladoras.

69. Industrial ventilation generally involves the use of supply and exhaust ventilation to control emissions, exposures and chemical hazards in the workplace. See http://www.osha-slc.gov/dts/osta/otm/otm.

70. Id.

71. See http://www.osha-slc.gov/dts/osta/otm/otm.

72. See http://www.ccohs.ca/oshanswers/prevention/ppe/respslct.html.

73. Id.

74. Id.

75. Id.

76. Some of the recommended components of the program include: hazard identification and control; exposure assessment; respirator selection; respirator fit testing; training program; inspection and record keeping; cleaning and sanitizing respirators; repairing and maintaining respirators; proper storage of respirators; health surveillance; standard operating procedures; and program evaluation. See http://www.ccohs.ca/oshanswers/prevention/ppe/respslct.html.

77. Interview with Dr. Francisco Mercado in Mexico City on January 29, 1999. See also HEALTH AND SAFETY MANUAL ON TOXICOLOGY (produced by CILAS and PIDCAST).

78. Refer to MSDS sheets attached at Appendix IV.

79. In addition to causing damage to skin from direct contact to toxins, organic vapors can also enter the body through the skin, not just through inhalation.

80. See Canadian Center for Occupational Health and Safety Guidelines, http://www.ccohs.ca/oshanswers/prevention/ppe/gloves.html.

81. Id.

82. Id.

83. Id.

84. Id.

85. The Canadian Center for Occupational Health and Safety recommends gathering and analyzing information based on the following factors when considering what type of gloves and protective clothing should be used: 1) Complete, accurate description of the task; 2)Identification of all hazards that may require hand protection. This should include a list of the chemicals involved as well as physical hazards such as abrasion, tearing, puncture and temperature. The kind of hazards will also affect the decision to use other chemical protective clothing in addition to gloves; 3) Flexibility and touch sensitivity needed for the task. This need may significantly limit the thickness of glove material that can be used. The requirement for textured or non-slip surfaces to improve grip must also be considered; 4) Type of potential contact. This will also help in choosing the appropriate length of the glove; 5) Contact period. How long the worker could be in contact with the chemical (and which chemicals) may also influence the selection of type and thickness of the glove material and the choice of lined or unlined gloves; 6) Potential effects of skin exposure. The immediate irritation or corrosion of the skin must be considered in addition to the potential health effects to the entire body from absorbing the chemical through the skin; 7) Decontamination procedures. Consider whether the gloves should be disposed of or cleaned after use. If they are cleaned, consider the cleaning method, how often they can be cleaned, and any special procedures required for disposing; 8) Training required for effective use. http://www.ccohs.ca/oshaanswers.

86. See http://www.ccohs.ca/oshanswers/chemicals/chem_profiles/toluene/.

87. Interview with Dr. Francisco Mercado in Mexico City on January 29, 1999.

88. Workers have complained that it is too hot to wear protective gear at Auto Trim and Custom Trim/Breed Mexicana because of inadequate air conditioning on the work floor. See, e.g., Affidavit B, Affidavit D, Interview E, Affidavit F, Affidavit L, and Affidavit W.

89. See Occupational Safety and Health Administration, Ergonomics Program Proposal (1999) available at http://www.osha-slc.gov/Fed.Regosha_data/FED1999/123, Section V. A. 1 [hereinafter, "OSHA Ergonomics Report"].

90. See, e.g., Affidavits B, C, L, P, Q, R, W; Interviews A, D, E, F, G, O, S.

91. There is widespread agreement that workplace risk factors play a major role in the development of work related musculo-skeletal disorders. OSHA Ergonomics Report, supra n. 89.

92. Force is the mechanical effort required to carry out a movement or to prevent a movement. It can be exerted against a work piece or tool, or against gravity, to stabilize body segments. Id.

93. Awkward postures are postures that deviate from neutral position and can be classified as extreme postures (joint positions close to the ends of the range of motion), non-extreme postures exposing the joint to loading from gravitational forces, postures that change musculo-skeletal geometry. There is strong evidence of a causal relationship between awkward postures and musculo-skeletal disorders related to the hand, wrist, and neck. Id.

94. Static postures are postures held over a period of time to resist the force of gravity or to stabilize a work piece, and are stressful to the musculo-skeletal system. These include standing or sitting over a period of time which requires isometric muscle force and exertion without accompanying movement. Increased intramuscular pressure exerted on neural tissue can result in a chronic decrement in nerve function. Id.

95. High repetition is itself a basic risk factor, and can also exacerbate other basic risk factors of force and awkward posture. Id.

96. Motion of body segments consists of both linear motion and rotational motion around a joint. Dynamic factors may result in increased tendon travel and irritation. Dynamic factors such as velocity and measured acceleration may also exacerbate other risk factors, such as force and postural risk. This combination of risk factors is associated with back injury. Id.

97. Compression of tissues can result from external exposure or internal exposure. External compression can be caused by sharp edges, excessive pressure from tools, workbench edges, machine corners, and seating which concentrate forces on a small area of the anatomy and result in high and localized pressure. This type of compression results in tissue specific damage to nerves, vessels and other soft tissues and commonly effects the hands and writs. Internal compression results from conditions of height-force exertions, awkward postures, static postures and dynamic risk. Id.

98. Vibration is generally divided into two categories: segmental vibration transmitted through the hands and whole-body vibration transmitted through the lower extremities and/or the back. Id.

99. This is a measure of the strength of each risk factor such as how much force, how deviated the posture, how great the velocity and how great the compression. Id.

100. Duration is the measure of how long the risk factor was experienced. This can be a function of the frequency that a task is performed. Id.

101. Workers who are exposed to multiple risk factors which are modified by intensity and duration have diminished recovery capacities. Recovery capacity is strongly related to the time available for tissue repair. Id.

102. Ergonomic studies indicate that high "repetition" is a basic risk factor contributing to the existence of musculo-skeletal disorders. "Motion", also a recognized risk factor, Symptoms of these types of injuries are: pain and stiffness in the hands, wrists, forearms, elbows and shoulders; tingling and numbness; loss of strength; coordination in the hands; pain while trying to sleep; feeling a need to massage the hands, wrists and forearms. See htp://www.ergoteacher.com/RiskFactors.htm.

103. According to The Merck Manual, Carpal Tunnel Syndrome "is particularly associated with occupations that require wrist flexion" which "results from compression of the median nerve in the volar aspect of the wrist between the longitudinal tendons of forearm muscles that flex the hand and transverse superficial carpal ligament." THE MERCK MANUAL, Merck Research Laboratories, USA (16th ed 1992), Chapter 131, pp. 1519-1520. CTS occurs when "strains within the connective tissue create a low tolerance for continuous repetitive movement. When the hand is used repetitively in a stressful position, the tendons inside the carpal tunnel swell causing tendons to compress the median nerve and cause acute pain. The ability of the muscles to be able to glide smoothly and effortlessly becomes inhibited and impedes nerve impulses." Over time the compression of the median nerve leads to nerve damage. This causes the muscles in the base of the thumb to deteriorate, resulting in the inability to grip objects. See Carpal Tunnel Syndrome & Repetitive Strain Disorder, (visited November 18, 1998) http//www.rsirelief.com. See also CUPE-Carpal tunnel Syndrome, (visited November 18, 1998) http//www.cupe.ca/topics/health/19970601/3p5.html.

104. See, e.g., Affidavits B, E, F, L, P.

105. See, e.g., Affidavit F.

106. Id.

107. See, e.g., Musculo skeletal Disorders and Workplace Factors, Bernard B. Fine, eds., U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control, National Institute for Occupational Safety and Health, DHHS (NIOSH) Publication #97-141 (1997).

108. OSHA Ergonomics Report, Section V (A)(1).

109. NRC (1998, Ex 26-37). Source: National Academy Press. Work-Related Musculoskeletal Disorders: A Review of the Evidence (pg. 23). http:/www.nap.edu/books/0309063272/html/index.html.

110. See, e.g., OSHA Ergonomics Report, Appendix VI(B).

111. Id.

112. See, e.g., Work Related Musculo Skeletal Disorders: A Review of the Evidence issued by the Steering Committee for the Workshop on Work Related Musculo Skeletal Injuries; The Research Base; The National Research Council; Commission on Behavioral and Social Sciences; and Education and the National Research Council, National Academy Press, Washington D.C. 1998.

113. See, e.g., Affidavit L.

114. Testimony attached at Appendix II shows that a number of Auto Trim and Custom Trim/Breed Mexicana workers whose health and dexterity deteriorated because of poor workplace conditions not only failed to receive proper referrals, diagnosis, treatment, and compensation, they were also subjected to humiliation by plant supervisors. Often supervisors would segregate them from other workers and taunt them for being inferior and inadequate because the physical pain interfered with meeting the high production quotas. See, e.g., Affidavit H; Affidavit K ("workers in the yonkeados [from the English word "junk"] were frequently subjected to insults and humiliation by supervisors who would tell the workers to quit because they could not do the work anymore because of their disabilities") workers in this area were treated as if they were trash; Affidavit A ("management puts the disabled workers in the yonkes production line, where they have no privileges, they are pressured more and watched over more closely").

115. See, e.g., Affidavits B, L, N, Q, R, V; Interviews D, O.

116. See Affidavit Q. Affiant Q, like other workers, also had skin problems and central nervous disorders like headaches and nausea. In May of 1999 Affiant Q was diagnosed with a herniated spinal disk which had been previously missed by the Social Security doctors.

117. One worker reported receiving a total of twelve injections. The injections would first affect the nerves in her arm and she had side effects, such as eye irritation and impairment of vision. See Affidavit P. Another worker received a similar injection, but after six months the pain became stronger. See Interview I. Workers demand better rehabilitation treatment and do not want to be subjected any longer to these injections or "bloqueos" which they know only worsened the conditions of other co-workers. See Interview A.

118. Affidavits C, L, Q, T; Interviews A-I. IMSS reports provided to these workers make no mention of symptoms, treatment, or compensation for exposure to chemicals, even where worker testimony indicates serious symptoms related to chemical exposure.

119. Lacking confidence that they could obtain relief in Mexico, and hoping that international attention might facilitate improvements, in December 1996, workers at AutoTrim drafted a document describing substandard health and safety conditions at the plant. They submitted this document to the Canadian Steelworker's Union #1090 who were visiting the maquiladora workers. See Affidavit V, and Document #29, attached at Appendix II.

120. See Affidavit L.

121. See, e.g., Affidavits K and M.

122. On December 16, 1998, the Conciliation and Arbitration Board issued a decision in favor of the Custom Trim/Breed Mexicana workers, and orders that they be reinstated. Custom Trim/Breed Mexicana appealed the decision, and the workers have not been reinstated during the appellate process. See Expediente 178/8/97 Ante La Junta Especial #8 de la de Conciliacion y Arbitrage en el Estado de Tamaulipas.

123. See, e.g., Affidavit V.

124. The RFSH went into effect on April 1, 1997. It was enacted to streamline Mexico's already existing comprehensive health and safety regulations, the Reglamento General de Seguridad y Higiene regulations, or the RGSH, in place since 1978. Like the RFSH, the RGSH provided regulations governing vast areas of occupational health and safety, including proper handling and storage of hazardous materials, the adoption of ergonomically-sound production processes, provide information about workplace hazards and training to prevent those hazards, the use of adequate personal protective equipment, the installation of adequate ventilation and exhaust systems, and the formation of workplace health and safety committees.

125. Other information strongly suggests that STPS has similarly persistently failed to enforce occupational health and safety laws at other maquiladoras. See, e.g., reports attached at Appendix III; Echlin complaint and NAO findings.

126. LFT article 511 requires STPS inspectors to: (i) monitor compliance with Mexico's legal standards governing workplace hazards and worker heath and safety; (ii) make evident through special reports violations they discover; (iii) work with employees and the employer to explain standards regarding workplace risk prevention, health, and safety. Article 540 emphasizes that in addition to assessing whether health and safety standards are being met, the purpose of a work inspection is to provide technical assistance and advice to workers and employers about the most effective manner to comply with these standards; report to the proper authorities the existence of deficiencies and violations of such standards; to conduct studies and provide data; and to undertake whatever else the law authorizes. Article 541 requires STPS inspectors to: (i) to monitor compliance with labor standards, especially those which affect women, children, and those which relate to measures to prevent work-related health and safety risks; (ii) visit workplaces during working hours, day or night; (iii) interview workers and employers about compliance with work standards; (iv) review workplace records mandated by law; (v) make recommendations to correct violations; (vi) make recommendations to eliminate deficiencies in the workplace and in methods of work when they constitute a violation of work norms or a danger to the health or safety of workers; (vii) in the case of dangerous work, examine substances and materials used in the workplace; (viii) whatever else the law authorizes. Article 542 explains that STPS inspectors must conduct periodic workplace inspections, and, when a denunciation is received regarding violations, must conduct an extraordinary inspection. Inspections are also mandated by the RFSH. See, e.g., RFSH articles 161 and 162.

127. Monetary sanctions are also authorized by LFT articles 992, 994-V, and 1002. See also RFSH articles 164-168.

128. Other causes for sanctioning an inspector include falsifying information on reports or findings, accepting bribes, or failing to follow a superior's order.

129. See, e.g., Affidavits B, L, M, V, W, Y; Interviews H and O.

130. See, e.g., Interview E and Affidavit F, Affidavit H and Affidavit O.

131. See, e.g., Affidavits K, M, V, W.

132. See §VI, B.3, infra, for further discussion. The Submitters argue that the STPS, under LFT articles 476-499 and 513-514, must provide oversight of determinations made by IMSS with respect to diagnosis and valorization of work-related disabilities.

133. This Acuerdo seems to give increased authority to plant managers to oversee the work of health and safety committees and delegate more responsibility for inspections and verifications to the commissions. The Submitters assert that the Acuerdo cannot legally allow STPS to delegate fully this responsibility to the plant's health and safety commission or rely solely on the commission's reports to determine plant compliance with Mexico's occupational health and safety rules for several reasons. Workers have a right to the protection of health by the State. MEX. CONST. art. 4. See also LFT arts. 3 and 5, § XII (health and safety laws are part of "the public order and social interest," and must, therefore, be enforced by the state). Such constitutional and legal authority cannot be legally delegated to a private entity in such a manner that the private entity becomes the sole arbiter of determining its own compliance with a constitutional provision; the duty to enforce the law rests upon the State, not on an employer whose duty is to follow, rather than determine, compliance with the law. When the State relies mainly on a private entity to determine its own compliance with health and safety laws, the State ignores its responsibility, under Mexican law, to enforce the NAALC, the law, and international treaties.

The fact that the health and safety commissions may include workers does not change this analysis. Workers have no legal duty to enforce occupational health and safety laws. Perhaps more importantly, workers do not have the political power to do so, because they are in a completely subordinate relationship to their employers. See, e.g., Interview E.

134. NOM-009-STPS was in place during the majority of the time period covered by this submission. The RFSH articles cited in the text, supra, are still current, as are Mexico's obligations under international treaties to take adequate measures to protect workers from health and safety risks caused by hazardous materials.

NOM-005-STPS-1998 replaced NOM-009-1993, effective April 3, 1999. NOM-005-STPS not only abrogates NOM-009-STPS-1993 but also abrogates NOM-008-STPS-1993; NOM-018-STPS-1993; and NOM-020-STPS-1993. NOM-005-STPS-1998 mandates that employers must: 1) elaborate and maintain current studies to determine potential work risks regarding toxic substances; 2) elaborate and maintain current a manual delineating procedures for the safe handling, storage, and transportation of toxic substances, including identification of such substances; 3) provide showers in places where toxic substances can be carried in skin or cloths; 4) provide a first aid manual based on studies of potential workplace risks and the medical treatments necessary in case such risks are realized; 5) provide workers necessary first aid treatment; 6) train workers to provide first aid treatment; 7) provide employees with protective personal gear; 8) provide equipment, places, or materials to contain toxic substances in case of spills or leaks of liquids or gases, to avoid them from expanding; 9) designate in writing, particular locations in which dangerous activities involving exposure to toxic substances must be carried out; 10) elaborate a specific program of health and safety for the use of toxic substances according to this NOM; 11) train employees in the use of the safe use, transportation, and storage of toxic substances; 12) inform workers of the risks to which they are exposed; 13) conduct entry, periodical, and special medical examinations on workers exposed to toxic substances.

This NOM has been criticized as reducing health and safety protections for workers, and as resulting from administrative deregulation to encourage foreign investment in Mexico at the expense of worker health. Interview with Dr. Francisco Mercado in Mexico City, February 25, 2000. Additionally, NOM-005-STPS may be inconsistent with stronger health and safety protections required by the RFSH, and Mexico's constitutional obligation to comply with treaties it has ratified, such as ILO Conventions 161 and 170.

135. NOM-009-STPS and its annexes contained detailed "right-to-know" instructions that employers were required, including labeling chemicals, and posting warning signs prominently on the work floor. Although its successor, NOM-005-STPS-1998, is not as specific with regard to an employer's obligation to ensure its workers' "right-to-know," NOM-005-STPS does require employers to inform workers about the identities of the chemicals they use, and the risks they pose. See, e.g., discussion supra note 134.

136. The purpose of a material data safety sheet is to identify each chemical substance used, its elements, possible harmful effects, and instructions for proper handling and clean-up.

137. See e.g., Affidavits K and V.

138. See, e.g., Affidavits K and M.

139. See, e.g., Affidavit K, Interview O.

140. Ventilation systems typically include general ventilation and exhaust or extractive ventilation methods. See, e.g., CILAS Training Manual for the Coalition for Justice in the Maquiladoras Training, Cd. Juarez, Chihuahua, June 16-18, 1999, p. 8.

141. NOM-016-STPS was in place during the majority of the time period covered by this submission, and as evidenced by workplace conditions at Auto Trim and Custom Trim/Breed Mexicana, was not enforced. NOM-001-STPS-1999, abrogated NOM-016-STPS, effective February 13, 2000. NOM-001-STPS establishes a new, more general concept of ventilation called "ventilacion de confort" (comfort ventilation). Although some commentators suggest that comfort ventiliation appears to reduce the requirements established by NOM-016-STPS for adequate workplace ventilation, RFSH articles 99 and 100 still require employers to gear ventilation systems to specific workplace needs. Therefore, NOM-001-STPS should not be interpreted as relaxing ventilation requirements. Moreover, NOM-001-STPS may not even apply to workplaces such as Auto Trim and Custom Trim/Breed Mexicana. Its plain language suggests that it applies only to offices, laboratories, computer rooms, and control rooms.

142. See e.g., Affidavit K , Affidavit C, Interview A-1, Affidavit B, Affidavit M, Interview H, and Affidavit R.

143. See, e.g., Affidavit B, Affidavit C, and Affidavit P.

144. Id.

145. NOM-018-STPS mandates that workplaces which use chemicals must provide employees with lockers to keep street clothing, showers to use at the end of the work day, and facilities to launder and disinfect work clothing.

146. See Affidavit A-1, Affidavit B, Affidavit C, Affidavit H, Affidavit M and Affidavit R.

147. See Affidavit B, Affidavit K and Affidavit L.

148. See, e.g., Complaint and Petition by Auto Trim workers signed in 1996, attached at Appendix II, Document #29.

149. See Affidavit B.

150. The RGSH, in effect from 1978 until April 1997, also contained specific measures regarding workplace ergonomics. See, e.g., article 183.

151. Risk factors which cause or contribute to musculo-skeletal and associated disorders are outlined in OSHA Ergonomics Report, AI at §V, supra n. 89.

152. Modifying factors are not themselves risk factors. Instead, they modify and can worsen the effects of basic risk factors. Id.

153. See Affidavit B.

154. LSS Arts. 56-67, 84IIa. See also Art. 17 of the Reglamento de Servicios Médicos or Medical Service Regulations, RSM.

155. LSS Arts. 15, 81. See also STPS arts. 512-A and 512-B.

156. See petition for inspection submitted to IMSS on April 15, 1999, attached at Appendix I. Auto Trim workers reported that after this petition was filed, workers were questioned about the identities of those who supported the petition. See Affidavit V.

157. According to some workers, plant managers do not always file the required report because they do not want to acknowledge the high number of accidents and illnesses in the plants, thereby avoid paying higher social security quotas. See, e.g., Affidavit L. Affiant L states that she was given specific orders by her Custom Trim supervisor either not to send injured or ill workers to IMSS doctors, or refuse to fill out the MT-1 forms workers needed to receive disability benefits. Affiant L states that she saw serious work-related injuries and illnesses that needed, but never got, necessary medical attention, or were not reported to IMSS by plant managers. See also Affidavits B, N, Q, R, V, and Interviews D, O.

158. RSM art. 13.I defines occupational health and safety risks as accidents and illnesses to which workers are exposed as a result of performing other work or related to it.

159. See petition for inspection filed with IMSS on April 15, 1999, attached at Appendix I.

160. Pursuant to a decision by the Third Court of Appeals of the First Circuit (Tercer Tribunal Colegiado en Materia de Trabajo del Primer Circuito) on direct appeal, Amparo Directo # 6973/88-Instituto Mexicano del Seguro Social.- 28 de Septiembre de 1988, failure to present the MT-1 form to the IMSS based on the refusal of the employer to fill it out, does not preclude a worker from receiving social security and disability benefits without an MT-1 form filled out by the employer. Seguro Social: Manual Práctico, Norahenid Amezcua Ornelas, ed., Mexico City, Mexico (October 1998), pp. 422-424. Despite this ruling, it is common practice by the IMSS not to pay benefits without an MI-1 form signed by the employer.

161. Affiant Q states when job-related respiratory problems first interfered with his ability to work, Auto Trim managers told him to sit down in the cafeteria. After two weeks, Affiant Q was told to fill out papers for general illness, rather than for a work-related illness. See also Affidavit B, Interviews H and O.

162. LSS article 58 §I provides that an employee who is temporarily unable to work because of a work-related injury shall receive 100% of his or her salary from the moment the injury occurs until he or she is able to return to work. By contrast, LSS article 98 provides that a worker who suffers a non-related work disability (often referred to as a "general disability" or "general illness") shall only receive 60% of his or her salary during the period of temporary disability.

163. See Affidavit L.

164. See, e.g., Affidavits L, Q, and R; Interview O.

165. LSS art. 98.

166. LSS art. 58.

167. Submitters' translation from the Spanish: "Incapacidad permanente total es la pérdida de facultades o aptitudes de una persona que la imposibilita para desempeñar cualquier trabajo por el resto de su vida."

168. Similarly, Mexican law provides that if a partial permanent incapacity consists of the absolute loss of the worker's ability to perform his or her profession, the Conciliation and Arbitration Board (CAB) may increase the payment to the amount of a total permanent incapacity, taking into consideration the importance to him or her of the profession, and the possibility of performing similar work for which the worker would receive a similar level of pay. LFT art. 493.

169. This decision, 21/95, issued March 3, 1995, is reported in Tomo I, página 148, Segunda Sala, 9a Epoca, edición de junio 1995 del Semanario Judicial de la Federación.

170. See Affiant T's IMSS report, attached to Affidavit T.

171. See, e.g., Affidavit A, Affidavit B, Affidavit I, Affidavit J, Affidavit P, and Affidavit T.

172. See discussion at §V(C)(4), supra, and MSDS sheets attached at Appendix IV.

173. Article 132 defines "establishment" as a facility, its annexes and branches closed or open, movable, of production, transformation, storage, distribution, of goods or places that render services at which an occupational activity is performed.

174. See Diario Oficial de la Federacion, Miercoles 26 de Agosto de 1998.

175. Upon information and belief, the toxic substances at Auto Trim and Custom Trim/Breed Mexicana are imported.

176. Article 8 of the Mexican Constitution provides that the public authorities will attend and address petitions directed to them when such petition is written and respectfully submitted. In addition, "[a] person has the right to file a written petition which adopts specifically the character of administrative petitions, actions, or recourse." See Ignacio Burgoa, Garantias Individuales, Editorial Porrua, S.A. (25th ed.) (1993).

177. The majority of workers and former workers at both Auto Trim and Custom Trim/Breed Mexicana could not recall any biological testing or monitoring after an initial urine test at the time of hiring. One worker did describe being "hooked up a few times to something they say is supposed to monitor levels of chemicals at the workstation." He further explained: "I asked for the results of those tests, but nobody would give them to me." See Affidavit Y.