On July 15, 2022, the Project of the Official Mexican Standard 037 (NOM 037 Project) prepared by the Ministry of Labor and Social Welfare was published in the Federal Official Gazette (DOF). NOM 037 Project was issued so that interested parties, within 60 calendar days following its publication date, submit comments to the National Consultative Committee for Standardization of Safety and Health at Work (CCNNSST).

The NOM 037 Project, implements the preventive measures for the risks of teleworkers, provided for in the Resolution by which article 311 was reformed and Chapter XII Bis of the Federal Labor Law on telework was added, published on January 11, 2021 in the DOF.

The NOM 037 Project will apply only to the development of activities carried out by teleworkers with information and communication technologies, for more than 40% of their weekly working hours.

In accordance with NOM 037 Project, the main obligations of the employer include the following: (i) teleworkers shall agree with the employer that they will have connectivity for the use and management of information technologies, and that they will have safety and health conditions, as well as good electrical installations, lighting, ventilation and adequate ergonomic conditions; (ii) a teleworking policy shall be established in writing that promotes the prevention of work risks and establishes mechanisms for participation in the workplace, in order to avoid social isolation and establish the duration of the working hours, so that they do not exceed the legal maximums, including the right of teleworkers to rest breaks and disconnection at the end of the working day, as well as the establishment of mechanisms to apply, where appropriate, the reversibility of work without affecting the interests of both parties; (iii) have the evaluation of the teleworkers to verify the safety and health conditions in the telework, this evaluation is done with the prior authorization of the teleworker and does not mean the transfer of responsibility from the employer to the teleworkers of their safety and health; (iv) establish and document the telework implementation process, which shall include, at least, the days on which the teleworker will attend the work center, the way in which the telework will be supervised, and the method by which maintenance will be provided to the equipment and tools assigned; (v) provide the teleworker with an ergonomic chair to carry out the work and the necessary supplies for the proper performance of it; (vi) follow up on work accidents reported to the employer by teleworkers or their families, observing the protocols established by the social security institutions; and (vii) share with the Safety and Hygiene Commission the documentation established in the NOM 037 Project.

In accordance with the NOM 037 Project, among the main obligations of teleworkers are the following: (i) grant the employer the facilities in writing to carry out a physical verification of the safety and health conditions at work outside of the workplace, or as an alternative, apply the checklist on health and safety conditions in the workplace agreed upon with the employer; (ii) observe the Teleworking Policy established with the employer; (iii) protect and conserve in good condition the equipment, materials, supplies and ergonomic furniture received from the employer; (iv) comply with the data and information protection policies and mechanisms established by the employer; (v) inform the employer in writing and in advance of any permanent or temporary change of address; and (vi) notify the employer of the work risks suffered in the workplace, outside the workplace, in the exercise of activities as a teleworker.

Finally, once the period of 60 calendar days granted for the interested parties to submit their comments to the CCNNSST has elapsed, the authority will inform as of when the Official Mexican Standard 037 will come into force. Therefore, those responsible for Human Resources will have to find out about the evaluation and inspection guides, as well as on everything related to Occupational Safety, Health and Ergonomics that is established in the NOM 037 Project.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide the personalized legal advice that you require.