A few days after its entry into force, it is important to remember one of the most important advances that we have had in recent months in labor matters in Mexico: the publication of the Official Mexican Standard NOM-037-STPS-2023. Teleworking – Health and safety conditions in teleworking (NOM-037), on June 8, 2023.
As part of the most important obligations for the employer, there are the following:
Have an updated list of working people under the teleworking modality.
Ensure that the workplaces in which services are developed under the teleworking modality comply with specific health and safety conditions.
Have the validation of the “checklist of health and safety conditions in teleworking”.
Establish in writing the procedure to migrate from in-person to teleworking and vice versa.
Provide ergonomic chairs and other supplies and accessories necessary for the performance of teleworkers’ tasks.
Create and document programs regarding how to provide maintenance to electronic equipment delivered to employees under teleworking modality.
Provide training to teleworkers on health and safety conditions that they must maintain in their workplace, at least once a year.
Perform medical examinations that correspond to workers in accordance with NOM-030-STPS-2009 (Preventive health and safety services at work-Functions and activities), and follow up on work accident notices.
Have care mechanisms for cases of family violence.
Have a Teleworking Policy.
In this sense, a large part of the provisions of NOM-037 refer to the predominant role of the Safety and Hygiene Commission in verifying the safety and health conditions in the workplaces of teleworkers. At the same time, it highlights the obligation to have a Teleworking Policy, which must be developed by the employer, based on a gender perspective, as well as contemplate the necessary mechanisms for the protection of workers.
NOM-037 will come into force on December 8, 2023, so there are only a few days left for it to be verified by labor authorities regarding compliance.
For more information contact:
Juan José López de Silanes | Partner Basham, Ringe and Correa | lopez_de_silanes@basham.com.mx
