LETTER OF AGREEMENT
BETWEEN
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION OF THE DEPARTMENT OF LABOR OF THE
UNITED STATES OF AMERICA
AND
THE MINISTRY OF FOREIGN AFFAIRS OF THE UNITED MEXICAN STATES
CONCERNING WORKPLACE SAFETY AND HEALTH PROTECTIONS APPLICABLE
TO MEXICAN WORKERS IN THE UNITED STATES
The Occupational Safety and Health Administration (OSHA) of the Department of Labor of the United States of America, and the Ministry of Foreign Affairs of the United Mexican States, through its Embassy and Consulates in the United States, hereinafter "the Parties";
Considering their commitment to protect the well-being of Mexican workers in the United States;
Considering their desire to establish programs of cooperation to educate and inform Mexican workers in the United States as to their workplace rights and responsibilities, to encourage them to exercise their rights under the occupational safety and health law, and to provide them with proper channels to do so;
Considering the importance of promoting and encouraging training programs for Mexican workers to continue to reduce injuries and illnesses in the workplace; and
Considering the intention of the U.S.-Mexico Joint Declaration between the Department of Labor of the United States of America and the Ministry of Foreign Affairs of the United Mexican States, signed at Washington, D.C., on the twenty-first day of July of of two thousand and four;
Intend to collaborate as follows:
ARTICLE 1
Objective
To promote the rights and well-being of Mexican workers in the United States through joint efforts between the Parties and with other relevant governmental agencies and private organizations in the United States, as appropriate and as mutually agreed upon by the Parties.
ARTICLE 2
Areas of Collaboration
In furtherance of this objective, the Parties intend to pursue the following initiatives, to the extent funds are available:
1. Make Mexican workers more aware of workplace laws and regulations, including efforts to:
a. develop, translate, and disseminate informational materials, utilizing print and electronic media, addressing occupational safety and health concerns of Mexican workers in the United States, including:
- Public Service Announcements to publicize occupational safety and health issues and who to contact for help in the United States; and
- videos and posters illustrating worker safety and health hazards to reach populations that may not be literate in Spanish;
b. distribute and publicize the availability of Spanish language brochures, pamphlets and other informational materials for Mexican workers regarding their occupational safety and health rights in the workplace;
c. publicize the OSHA toll-free telephone number and resources available on OSHA's website including the OSHA en español webpage that provide information in Spanish about worker rights and responsibilities on workplace safety and health; and
d. develop a process for Embassy and Consulate officials to share feedback with OSHA regarding concerns received from Mexican workers employed in the United States.
2 Jointly develop, promote and conduct training programs, including:
a. development and implementation of joint training programs in the United States targeting industry sectors and workplaces with a high concentration of Mexican workers, in an effort to help workers understand and protect themselves from common workplace safety and health hazards;
b. formation of a bilateral working group of OSHA representatives, to include National, Regional and State officials, as appropriate, and Consulate representatives, to develop and conduct cultural cross-training sessions. The training would aim to help increase awareness of OSHA's Federal and State inspectors, compliance assistance specialists, consultants and trainers to the cultural sensitivities of Mexican workers and to enhance the ability of OSHA's staff to conduct inspections, consultative visits, and education and outreach efforts in workplaces with a high concentration of Mexican workers;
c. development of a Construction Hazard Awareness Training Program to introduce Mexican workers employed in construction in the United States to their occupational safety and health rights and responsibilities and to common hazards and controls on construction worksites; and
d. promotion of the availability of OSHA's Training Institute, approved State Plans and State consultation programs, and Compliance Assistance Specialists, Education Centers, to employers of Mexican workers in the United States to further reduce workplace injuries and illnesses.
3. Conduct other cooperative efforts, including:
a. promotion of cooperative efforts in local communities to advance, improve, and recognize exemplary occupational safety and health programs for Mexican workers (cooperative programs may include the Alliance Program, the Consultation Program and its Safety and Health Achievement Recognition Program, the Strategic Partnerships Program, and the Voluntary Protection Programs, and their state plan equivalents) and encouragement of employers of Mexican workers, and other organizations to participate in these efforts in the United States; and
b. promotion of OSHA's procedures for publicizing workplace inspection findings, corrective actions ordered, and fines or other compliance efforts.
ARTICLE 3
Process of Consultation
The Parties intend to collaborate through joint efforts at the national level between OSHA and the Mexican Embassy in Washington, D.C. and at the regional level between OSHA regional and area offices and the Mexican Consulates. The Parties intend to identify points of contact for formal communication at the national and regional levels, which would be responsible for developing joint efforts within the agreed areas of cooperation. Representatives of the Parties intend to meet on a periodic basis to assure that these functions are carried out. The Parties have exchanged lists of national and regional representatives, who would serve as contact points to support these efforts.
ARTICLE 4
Expenses and Costs
Each Party intends to finance its participation in any areas of cooperation undertaken pursuant to this Letter of Agreement subject to the availability of funds in each party's respective budget.
ARTICLE 5
Final Provisions
This Letter of Agreement may be modified at any time by mutual written consent of the Parties.
Signed at Washington, D.C., in duplicate, one original in English and the other original in Spanish, on the on the twenty-first day of July of of two thousand and four.
FOR THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION OF THE DEPARTMENT OF LABOR OF THE UNITED STATES OF AMERICA:
John L. Henshaw,
Assistant Secretary
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FOR THE MINISTRY OF FOREIGN AFFAIRS OF THE UNITED MEXICAN STATES:
Gerónimo Gutiérrez,
Under Secretary for North America
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