On July 15, 2022, Mexico’s Federal Official Gazette published the Ministry of Labor and Social Welfare’s (STPS) draft of NOM (Official Mexican Standard)-037 STPS, which, if adopted, would implement protective measures for teleworkers (remote workers) and their workspaces.
What Is the Goal of NOM-037?
The draft standard aims to establish basic conditions and specific measures to prevent teleworkers’ occupational diseases and accidents that could endanger their physical integrity, life, and health.
With this potential amendment to the Federal Labor Law, employers would be required to comply with certain obligations, such as agreeing with the employee on a place of work and ensuring the site has connectivity so that information and communication technologies could be properly used and managed. Additionally, the site would have to have reliable electricity, lighting, ventilation, and ergonomic conditions, and the employer would have to verify the presence of these conditions and ensure a safe workplace that allows for an employee’s development and continuity.
Employers would be required to create a written Telework Policy that outlines risk prevention methods, provides mechanisms for employees to avoid isolation, and states any other rules that ensure teleworkers are being supervised without violating their privacy.
The Policy also would have to state the length of the work schedule and list the guaranteed labor rights and conditions. Employers also would be required to provide a mechanism that allows employees to inform employers of domicile changes or temporary transfers and other relevant requests.
Further, employers would be required to inform employees of any health and safety risks they might face and maintain a checklist of teleworking safety and health conditions. Employers would be permitted to visit remote workspaces, with the employee’s prior authorization, to ensure there are no evident risks and to follow up on accident notices that occur outside the workplace, with cause or in the exercise of their teleworking activities. Social Security protocols would have to be followed at all times.
The National Law Review, 28-07-22