Executive Summary:
- On June 8, 2023, the Mexican Official Standard NOM-037-STPS-2022 was published, which establishes the occupational health and safety conditions that must be respected in places outside the workplace under the Teleworking modality.
- Its aim is to prevent accidents and illnesses, as well as promote a safe and healthy work environment.
- The Standard will come into effect on December 5, 2023.
On June 8, 2023, the Mexican Official Standard NOM-037-STPS-2022 was published in the Official Gazette of the Federation, which establishes the occupational health and safety conditions that must be respected in places outside the workplace where workers will carry out their activities under the Teleworking modality, in order to prevent accidents and illnesses, as well as promote a safe and healthy environment in their work environment.
The main employer obligations that will be subject to inspection and possible sanctions in case of non-compliance are:
- Maintain an updated list of teleworkers that contains at least: name of the workers; gender, marital status and activities to be carried out; name and profile of the job; time (in percentage) of the employment relationship used to carry out Telework; contact telephone number; address of the workers under the Telework modality; workplaces proposed by the workers under the Telework modality and agreed with the employer; company name and address of the workplace; as well as the computer and ergonomic equipment provided to the worker.
- There must be evidence that: a) workers have means of connectivity and that they are familiar with Information and Communication Technologies (ICTs); b) the workplace or workplaces established by mutual agreement are fixed and have occupational health and safety conditions, with an emphasis on the good condition of electrical installations, with adequate lighting, ventilation and ergonomic conditions; c) the change from teleworking to in-person work and vice versa is documented; d) training is provided at least once a year on health and safety conditions; and d) follow-up is given to work accident notices, if applicable, reported by teleworkers.
- Have and disseminate a Teleworking Policy that includes, among other things: prevention of work risks and communication mechanisms; rules of contact and supervision that guarantee people's right to privacy; maximum working hours and rest breaks; work-life balance and gender perspective; rights of working mothers; mechanisms to inform the employer of changes of address and temporary transfers; mechanisms for dealing with cases of domestic violence, as well as the right to reversibility and equipment maintenance programs, among others.
- Have a checklist of health and safety conditions for teleworking, which allows to certify that there is a clean and tidy area, illuminated, with a pleasant temperature and ventilation, with a noise level that does not impede concentration and with furniture that prevents injuries, including a desk, table or work surface where the worker can comfortably rest their arms (sitting and/or standing) without accessories or obstacles underneath and an ergonomic or other type of chair, appropriate for the activities to be carried out.
- Provide facilities to the Joint Health and Safety Committee to validate the checklist, either by a physical visit to the workplace or remotely using ICTs, and even through periodic self-assessments.
Various Appendices are included to support compliance with the obligations, the most relevant being: 1) Checklist of health and safety conditions in the workplace; 2) Teleworking Policy; and, 3) Recommendations for selecting an ergonomic chair.
The Standard will enter into effect 180 calendar days after its publication in the Official Gazette of the Federation, that is, on December 5, 2023.
The full text of NOM-037 can be consulted directly at the following link: https://www.dof.gob.mx/nota_detalle.php?codigo=5691672&fecha=08/06/2023#gsc.tab=0
