On December 19th, during the regular session of the Collaborative Institutional Training Initiative, the head of the Ministry of Labor and Social Welfare published the project for Official Mexican Standard 038. The primary purpose of this standard is to regulate agricultural work performed by adolescents aged 15 to 17.
It’s important to note that the obligation to develop this standard arose from the legislative reform of 2022, in which the Congress of the Union determined the removal of the age restriction of 15 to 17 years for working in agricultural activities. In broad terms, what NOM 038 allows is for individuals aged 15 and above to engage in activities in the agricultural and fishing sectors. However, in cases involving chemicals or the operation of heavy machinery, the prohibition for minors to carry out such activities will be maintained.
Therefore, the main goal of NOM is to permit administrative activities, excluding the operation of any type of hazardous equipment or machinery. The current project was published in the Official Federal Gazette to allow interested individuals, organizations, or institutions to submit their comments within 60 natural days after its publication. These comments should be addressed to the National Advisory Committee on Safety and Health Standardization at the Workplace.
Once this is done, adjustments deemed necessary to the standard will be made, followed by its publication and entry into force.
Upon publication, this reform, being an official standard, will apply to all workplaces within the national territory that have workers aged between 15 and 17, engaged in agricultural, forestry, aquaculture, silvicultural, hunting, and fishing activities.
The labor team at Vega Guerrero and Associates will keep you informed about the progress regarding the publication of this new NOM.
