Official Mexican Standard, Telework-Conditions of Safety and Health at Work “NOM-037”

On June 08, the Official Mexican Standard NOM-037-STPS-2023 called Telework-Conditions of safety and health at work (“NOM-037”) was published in the Official Gazette of the Federation, through which it seeks to establish the safety and health conditions for employees who provide their services under the telework modality, in order to prevent work risks.

The most important points to consider of NOM-037 are the following:

The NOM-037 is applicable to all companies that have employees who work more than 40% of their time under the telework modality.

Following up on the reform of the Federal Labor Law on teleworking, it is reiterated that employers must provide teleworkers with the necessary tools for the performance of their activities, including an appropriate ergonomic chair, necessary supplies for the performance of their activities and accessories that guarantee ergonomic and postural conditions in the working day.

Employers must pay proportional payment for the consumption of internet, electricity, computer, cell phone, printer and ink of the same, which employees use to develop their functions in telework.

New obligations are established for employers in relation to employees who provide their services under the telework modality:

Have a list with the following information of each worker: i) general information (name, gender, marital status), ii) activities to be developed, iii) position, iv) job profile, v) percentage in which they carry out their activities in telework, vi) contact telephone number, vii) address, viii) the agreed place or places from where the telework activities will be carried out, ix) company name and address of the company, and x) list of computer equipment, ergonomic chair and all tools delivered to the worker.

Implement and disseminate a Telework Policy that establishes, among others, the working conditions and benefits of said employees, defines the responsibilities and obligations of the employer and employees, and promotes the culture of prevention of occupational risks.

Have a checklist, through which the company verifies that the workplaces of employees in Telework comply with safety and health conditions, as well as comply with safety and hygiene measures. NOM-037 contains an example of the questions to ask employees on the checklist.

The Safety and Health Commission of the company must validate the checklist, including photographic or video evidence, by visiting the workplace where each worker performs telework, or providing employees with said checklist so that they themselves verify the list of their telework place and subsequently be verified by the employer through photos or video of the telework place.

Employers must provide training to employees in the telework modality at least once a year, on the safety and health conditions that they must maintain in the place where they provide their services under the telework modality, to avoid work risks.

The documentation resulting from compliance with NOM-037 must be shared with the Health and Safety Commission, as well as the facilities granted to the Commission to carry out the validation of the checklist.

Employers should have mechanisms for attention and communication in cases of family violence.

A Reference Guide is established where physical activities to be carried out by teleworkers are indicated before starting their workday, as well as a Reference Guide for the correct posture, seat and location of work tools to avoid accidents or diseases during the working day.

NOM-037 will enter into force six months after its publication in the Official Gazette of the Federation, that is, it will enter into force in December of this year.

By Jáuregui y Del Valle, S.C., Mexico, a Transatlantic Law International Affiliated Firm.

For further information or for any assistance please contact mexico@transatlanticlaw.com

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