New System for Providing Notice of Work Related Accidents, by Pablo Saenz

On December 14, 2015, the Agreement to Establish the System for Notices of Work Related Accidents was published, and the forms to be used by employers, workers or their family members for the filing of such notices of work related accidents and deaths due to work related accidents or illnesses with the Department of Labor and Social Provision (“STPS”), were promulgated. Employers or their representatives shall, whether electronically or in writing, file notices of work related accidents or deaths with the STPS. In order to file the notices electronically, employers must register with the SIAAT, which is the electronic system created for the purpose of facilitating the filing by employers of the referenced notices with the STPS. All employers with work places located in Mexico can access the SIAAT when they have knowledge of a work related accident or death. Employers who choose to file the notice of work related accident by means of the SIAAT must use their electronic signature and possess a valid digital certificate issued by the Mexican Taxpayer Administration Service, the public and private codes, and shall follow the procedures indicated in the SIAAT user’s manual. Once the SIAAT receives a notice, it will issue an electronic acknowledgement of receipt as proof of delivery. The STPS will make the following forms available on its website for those employers who elect to file in writing: (i) notice of work related accident, to be used by employers who elect to deliver the notice of work related accident in writing; (ii) supplemental information to the notice of work related accidents, to be used to supplement the information entered on the notice form for work related accidents; and (iii) notice of work related accidents, to be used by workers and family members when the notice is filed by the injured workers or their family members in situations where the employer did not file the notice within 72 hours following the accident.