On June 8, 2023, the “NOM-037-STPS-2023, Teletrabajo-Condiciones de Seguridad y Salud en el Trabajo”, corresponding to Telework-Workplace Safety and Health Conditions, was published in the Official Gazette of the Federation of Mexico. The objective of this regulation is to establish safety and health measures in Telework environments in order to prevent incidents and illnesses while promoting a safe and healthy work environment for remote workers.
In accordance with this official version of NOM 037, employers must take the following into consideration:
- Registration of teleworkers and workplaces. – Employers must maintain an updated registry of individuals who are working remotely, indicating the address(es) agreed upon for the performance of their work activities.
It is important to note that the agreed-upon locations must meet the necessary safety and hygiene conditions, which will be verified by the employer through a home visit (with prior authorization from the worker) or through a self-assessment by the worker. The self-assessment, conducted with evidence and using the checklist provided by the employer, ensures that the proposed workplace meets the necessary requirements. This verification should be performed periodically to confirm that the conditions remain optimal.
- Telework Policy. – A policy of teleworking should be implemented, detailing the following primarily:
- Mechanisms for preventing ergonomic and psychosocial risks;
- Guidelines for communication and supervision between the teleworker and the employer, including establishing work hours and respecting the right to disconnect;
- Process for agreeing on a new change of workplace;
- The mechanism for reversibility; and
- Promotion of a gender perspective with the aim of balancing work-family life.
- The active role of the Safety and Hygiene Committee – The Safety and Hygiene Committee will play a crucial role in complying with this regulation, as it will be responsible for creating the workplace checklist for teleworkers and ensuring compliance.
Consequently, the employer must inform the committee of all potential Telework related risks for proper assessment.
- Telework Training – Employers must provide teleworkers with training at least once to clarify and prevent Telework related risks, ensure a comprehensive understanding of the Telework Policy, and provide the necessary knowledge for proper management of Information Technologies.
It is important to mention that this regulation includes various appendices proposing models for the implementation of the policy, checklists, and prevention mechanisms. However, these should be tailored to the specific needs and characteristics of each company that decides to implement Telework.
This regulation will only be mandatory for workplaces in the country where employees’ remote work exceeds 40% of their working hours and is conducted through information technologies.
Finally, it is important to highlight that the regulation will come into effect within 180 days after its publication in the Official Gazette of the Federation. Therefore, starting from December 5, 2023, all workplaces subject to Telework must fully comply with the provisions of NOM-037.
Given the aforementioned, the Labor team of Vega, Guerrero & Asociados is at your disposal to assist with the implementation of compliance mechanisms in the field of Telework.
