On June 8, 2023, the Official Mexican Standard 037 related to the Teleworking guidelines was published in the Official Gazette of the Federation (DOF).

It is important to mention that this rule is only applicable to workers who perform their duties in a different address from the employer’s work center and carry out their workday in more than 40% under this scheme. Those workers who provide services in a hybrid way, that is, in the workplace facilities and in a different address, but without exceeding the 40% mentioned above, NOM 037 will not be applicable to them.

Through this newsletter, we will mention the most important points of said publication.

Objective and field of application

The objective of this standard is to establish the health and safety conditions in places where workers carry out their activities in the Teleworking modality.

This Standard is mandatory throughout the Mexican Republic and to all workplaces that have workers under the Teleworking modality.

Definitions

The Standard contains 27 definitions, among which the following stand out:

• Work accident
• Workplace
• Workload
• Unsafe conditions
• Dangerous conditions
• disconnection
• Ergonomic risk factors
• Psychosocial risk factors
• Incidents
• Workplace
• Working person under the Teleworking modality
• Teleworking Policy
• Information and Communication Technologies (ICT)

Employer´s obligations

Preparation of a list of workers under the Teleworking modality, which must contain the following information.

1. Name of the workers under the Teleworking modality.
2. Gender.
3. Marital status
4. Activities to develop.
5. Name and position profile.
6. Time (in percentage) of the employment relationship used to carry out Telework.
7. Contact telephone number.
8. Domicile of the workers under the Teleworking modality.
9. Workplaces proposed by the workers under the Telework modality and agreed with the employer.
10. Company name and address of the work center.
11. List of computer and ergonomic equipment granted to the worker.

Teleworking Policy

It is the employer’s obligation to establish in writing as well as to implement and disseminate in the workplace and among workers under the Telework modality a Telework Policy that complies with the provisions of the collective labor agreement or the Internal Work Regulations.

Said policy, among other requirements, must promote the culture of occupational risk prevention, establish communication mechanisms and distance dissemination (email), indicate the contact mechanisms and rules, establish the duration of the agreed working hours, including the rights to have breaks for rest and disconnection, promoting a gender perspective, etc.

Work tools

Employers must provide people under the teleworking modality with the following:

a) Ergonomic chair or of another type appropriate to the activities to be carried out,

b) The inputs necessary for its proper performance, such as for sending the information digitally, or printing it, and

c) Where appropriate, the attachments that guarantee ergonomic or postural conditions, of the worker during his working day.     

Development and Training

Employers must provide people under the teleworking modality, training at least once a year, on safety and health conditions in their workplace.

The training can be given in person, online or both, and is part of the working day.

Reversibility from Teleworking to On-site

The employer must make the employee aware of the reversibility mechanism from the Teleworking modality to on-site, for the purpose of reporting any condition or alteration of the social security and health conditions at work that justifies the return to work of on-site.

Obligations of the employees

Employees must comply, among other cases, with the following obligations:

• Comply with the Teleworking policy.
• Inform the employer and the Safety and Health Commission of any change in the health and safety conditions at work.
• Safeguard and preserve in good condition the equipment, materials, tools, and ergonomic furniture provided by the employer.
• Respect the data protection policies.
• Inform the employer in writing of any permanent or temporary change of address.

Health and security conditions at work

To avoid work risks, the employer must comply with the following aspects:

Physical Agents

Have a working area that is clean, tidy, illuminated by natural or artificial light that does not cause glare, with a pleasant temperature and ventilation for the type of work you do during your working day.

Ergonomic Risks

Have a workplace, which at least has:

1. Desk, table, or work area where the worker can comfortably support their arms (sitting and/or standing).
2. Ergonomic chair or of another type, appropriate to the activities to be carried out, and
3. Where appropriate, ergonomic, or postural additions that support the use of computer equipment.

Psychosocial Risks,

Allow the worker to have a physical space, which allows privacy, to avoid interruptions or affect their activity.

Observe a gender perspective that allows reconciling work with family and personal life, including the possibility of having flexible hours.

Have communication mechanisms to the employer on cases of family violence.

Respect the right to disconnect, including Information and Communication Technologies (ICT).

Appendixes

Within the standard publication, different appendixes are included, which include the following information.

Appendix 1 General information to establish a Teleworking policy.

It contains in detail the generalities required to establish a teleworking policy, including an example of its wording.

Appendix 2 Selection of candidates for Telework.

Includes the Selection of Candidates for Telework (Informative), this appendix is not mandatory and contains guidance for the employer to determine if workers are candidates to work via Telework.

Appendix 3 Checklist of Health and Safety conditions at work.

Contains the checklist of health and safety conditions at work, this appendix is not mandatory and includes examples of the questions that the employer can include in the checklist of health and safety conditions, including the choice of applicants or time after the person is under the Teleworking modality.

Appendix 4, recommendations for activities prior to Teleworking.

Recommendations for activities prior to teleworking are included, before and after your working day, such as taking minutes of exercise, stretching or relaxation, dressing appropriately, taking breaks, taking care of your physical posture, etc.

This appendix is informative and is not mandatory.

Appendix 5, Recommendations for selecting an ergonomic chair.

In accordance with this appendix, it is suggested that the office chair meets the following requirements, among others:

The chair must provide the body with stable support, allowing the worker to adopt appropriate postures and changes in posture.

It must provide sufficient support for the spine and lower back.

The seat must allow adequate blood flow and be able to adjust the height so that the feet and spine feel comfortable.

Entering into force.

The norm will enter into force 180 calendar days after its publication. This means that it will enter into force in December 2023.

It is recommended that all companies adhere to this standard, in order to comply with quality and occupational safety standards.

Final Comments.

The guidelines contained in No. 037 are very extensive, they even contain several examples so that taxpayers can comply with all the requirements, so it is recommended to consult the publication in the official gazette of the Federation in depth at the following link to analyze other details applicable to your specific case.

https://www.dof.gob.mx/nota_detalle.php?codigo=5691672&fecha=08/06/2023#gsc.tab=0

We remain at your services for any doubt or clarification regarding this newsletter.