The Mexican Official Standard published in the DOF on June 8, 2023.
It became effective 180 calendar days after its publication in the DOF, that is, on December 5, 2023.
NOM-037-STPS-2023 Telework – Occupational safety and health conditions.
Safety and health aspects are regulated in this modality after the reform of article 311 of the Federal Labor Law as of January 2021, effective immediately.
The Secretaría del Trabajo y Previsión Social (STPS) issues official standards that determine the minimum conditions necessary for the prevention of occupational risks and are characterized by the fact that they are aimed at addressing risk factors to which workers may be exposed.
With the advent of the coronavirus pandemic in Mexico, many companies were forced to implement home-based work, also called teleworking.
Some of the characteristics of this modality of work:
- It is a work activity that takes place outside the company’s facilities.
- It uses technologies to facilitate communication between the employer and employees without the need to be physically at the company in order to fulfill the functions.
- It is an organizational model different from the traditional one that rethinks the form of internal communication and consequently generates a new mechanism for controlling and monitoring tasks.
- This standard applies throughout the Mexican Republic and applies to all workplaces that have workers under the teleworking modality.
- It establishes that it must have a Telework Policy.
- The change from teleworking to face-to-face work is reversible.
For this modality there are obligations for the employer and the employee, some of the most important are:
- Employers shall provide workers with an ergonomic chair, ergonomic attachments if necessary, and all necessary tools to ensure an adequate working environment.
- The employer shall support with a proportional payment of the internet consumption, electricity consumption, a computer, tablet or cell phone, printer and the ink of these, which could be used to perform the work.
- The employer recognizes the right to disconnection, which means that you must comply with the times of the workday and not participate in meetings or make use of computer equipment or similar during vacations, leaves and leaves of absence.
- Workers must be provided with a suitable and, above all, safe place that protects them against accidents and ergonomic and psychosocial risk factors.
- The worker shall safeguard and keep in good condition the equipment, materials, tools and ergonomic furniture provided by the employer, as the case may be and according to the needs of their position or activity.
- The employee shall comply with the data and information protection policies and mechanisms established by the employer in the performance of its activities.
- Inform the employer in writing and in advance of any permanent or temporary change of address to the previously agreed place of work.
Inspection units assessing conformity with this NOM must apply the compliance criteria established in the conformity assessment procedure.
The accredited and approved inspection units that evaluate compliance with this NOM shall issue an opinion when the work center complies with the provisions of this NOM.
This procedure for conformity assessment applies both to the inspection visits carried out by the labor authority and to the services provided by the inspection units hired by the employer.
The Ministry of Labor and Social Welfare is responsible for overseeing compliance with this Mexican Official Standard.
The Health and Safety Committee suggests consulting with workers to understand their needs and concerns, as well as providing specific training for managing labor relations in the virtual environment. In addition, it is important to establish clear procedures for handling unexpected situations, such as accidents that may occur at home during working hours.
The so-called home office has proven to be a valuable tool to improve productivity, but implementing this modality requires careful adaptation and implementation for labor practices. So, working from home is already a reality that many companies are implementing and with the new telecommuting law in Mexico, employers and workers will have greater obligations and responsibilities on which they already have to start working.
