Official Mexican Standard, Telework – Safety and Health Conditions at Work “NOM-037″

On June 8th, the Official Gazette of the Federation published the Official Mexican Standard NOM-037-STPS-2023, titled “Telework – Safety and Health Conditions at Work” (“NOM-037”). This standard aims to establish health and safety conditions for employees who provide telework services to prevent occupational hazards.

The most important points to consider from NOM-037 are as follows:

NOM-037 applies to all companies with employees who work more than 40% of their time through telework.

In compliance with the amendment to the Federal Labor Law regarding telework, it is reiterated that employers must provide teleworkers with the necessary tools for performing their activities, including an appropriate ergonomic chair, supplies required for their tasks, and accessories that ensure ergonomic and postural conditions during working hours.

Employers must cover the proportional payment of internet consumption, electricity, computer equipment, mobile phones, printers, and ink employees use to carry out their telework duties.

New obligations are established for employers regarding employees who provide their services through telework:

Maintain a list with the following information for each worker: i) general information (name, gender, marital status), ii) performed activities, iii) position, iv) job profile, v) a percentage of telework activities, vi) contact telephone number, vii) address, viii) agreed-upon location(s) where telework activities will be carried out, ix) company’s name and address, and x) inventory of computer equipment, ergonomic chairs, and all tools provided to the worker.

Implement and disseminate a Telework Policy that establishes, among other things, the working conditions and benefits for teleworking employees, defines the responsibilities and obligations of the employer and employees, and promotes a culture of preventing occupational hazards.

Maintain a checklist to verify that the telework locations of employees comply with safety and health conditions and adhere to safety and hygiene measures. NOM-037 includes an example of the questions to be included in the checklist.

The company’s Safety and Hygiene Committee must validate the checklist, including photographic or video evidence, by conducting a visit to each teleworker’s place of work or by providing the inventory to employees for self-verification of their telework location, which the employer will then verify through photos or videos of the telework location.

Employers must provide teleworkers with training on safety and health conditions to be maintained at their telework locations to prevent occupational hazards at least once a year.

Documentation resulting from compliance with NOM-037 must be shared with the Safety and Hygiene Committee, and the committee should be provided with facilities to validate the checklist.

Employers must have mechanisms for addressing and communicating cases of domestic violence.

A Reference Guide is established, indicating physical activities to be performed by teleworkers before starting their workday, as well as a Reference Guide for proper posture, seating, and positioning of work tools to prevent accidents or illnesses during the workday.

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

Attached, you can download the NOM-037 published in the Official Gazette of the Federation for your reference.