NOM-037-STPS-2023 TELEWORKING – HEALTH AND SAFETY CONDITIONS AT WORK

What do you need to know about NOM – 037?

Objective.- Establish the safety and health conditions at work for people under the Teleworking modality to prevent accidents and illnesses.

What should these health and safety conditions be?

– The work area should be clean, orderly, illuminated, with pleasant temperature and ventilation and with a noise level that does not impede concentration.

– A comfortable work place should be available in such a way as to prevent back, shoulders and neck do not accumulate tension. Therefore, there should be a desk and table where the arms and legs can be supported, as well as an ergonomic chair and ergonomic accessories that support the use of computer equipment.

– There must be a physical space that allows for privacy.

– A gender perspective is observed where work can be reconciled with family and personal life, with flexible working hours to attend family responsibilities.

– They should have mechanisms for communicating with the employer about cases of family violence.

-That they have adequate breaks and rest times.

– The right to disconnect at the end of the workday is respected.

What obligations does the NOM – 037 provide?

For the employer:

• To have an updated list of people under the Teleworking modality.

• To agree with the employees the place where they will render their service and that they comply with the safety and health conditions.

• To establish a Teleworking Policy that promotes a culture of occupational risk prevention and establishes communication mechanisms with the workers.

– To inform employees about the risks related to teleworking.

–  To have the checklist of safety and health conditions in the Teleworking. The NOM provides examples of questions to be asked to verify that optimal conditions are met.

– To provide facilities for the Health and Safety Commission to validate the checklists and share information on compliance with this NOM. This validation can be done through a visit to the workplace or remotely, in both cases with photographic or video evidence.

•  To provide employees with ergonomic chairs, supplies for their performance, such as, for example, for sending digital information and/or printing, and accessories that guarantee ergonomic conditions.

– To establish and document programs, and the way to provide maintenance, in safety conditions to the equipment.

– To provide training to employees to avoid work risks at least once a year.

– To carry out corresponding medical examinations and follow up on work accidents.

For the employees:

– To provide facilities to the Safety and Hygiene Commission to verify the conditions of the workplace.

– To comply with the Teleworking Policy.

– To inform the employer and the Health and Safety Commission of any alteration in the health and safety conditions of their workplace.

• Safeguard and keep in good condition the equipment provided to them.

– To observe safety and health provisions and undergo medical examinations.

– To comply with the information data protection mechanisms established by the employer.

• To report any change of address.

• To report about any accident or illnes suffered.

What authority will verify compliance with NOM-037?

The inspectors of the Ministry of Labor and Social Welfare will carry out a “conformity assessment procedure” and employers may hire authorized Inspection Units to assess compliance with this NOM.

When does NOM-037 come into effect?

It will enter into force 180 days after its publication (June 1st, 2023), so it will be enforceable from December 2023.

For any questions or clarifications regarding NOM – 037, as well as for the implementation of everything that is necessary for its compliance, we are at your service.