NOM-037, on Telework - Occupational Safety and Health Conditions

As you will recall, and as a result of the reform of January 11, 2021 regarding Telework, said modality is applicable to all employees who perform more than 40% of their working day at an address other than the workplace, in which case the application of this NOM-037 will be mandatory. Among the main obligations for the employer referred to in NOM-037 subject to inspection are the following: I. Keep an updated list of workers under the Telework modality II. Establish in writing a Telework Policy, which must be implemented, maintained and disseminated in the workplace, and which must include, among other points: a) The promotion of a culture of prevention of occupational risks through occupational safety and health; b) The communication mechanisms between employers and workers; c) The duration of the agreed working day, including the right to guidelines for rest during it, as well as the right to disconnect at the end of the working day; d) The precise and clear establishment of the responsibilities and obligations for employers and workers under the Telework modality; e) The mechanisms to inform the employer of changes of address of the workplace, attention to cases of domestic violence, as well as the right to reversibility. III. Have a checklist to verify the safety and health conditions in Telework, which must be applied periodically to confirm the continuity of the conditions under which Telework is performed. IV. Provide facilities to the Joint Safety and Hygiene Commission so that it may carry out the validation of the checklist of safety and health conditions in telework, as well as the assessment of possible risks. Said validation may be carried out through a visit to the workplace proposed by the worker to perform under the Telework scheme, with the worker's prior authorization, or by providing the teleworker with the checklist so that, through self-application of it, it may be determined whether the necessary safety and health conditions are met. The Joint Commission may support itself with technology, photographic or video evidence to validate the workplace. V. Provide workers under the Telework modality (in addition to the proportional part of Internet and electricity): a) An ergonomic chair or other type appropriate for the performance of the activities to be carried out; b) The supplies necessary for the correct performance of their functions; c) Where applicable, accessories that guarantee ergonomic or postural conditions. The main obligations of workers under the telework modality are: I. Provide the facilities in writing for the physical verification of the safety and health conditions or apply the checklist (prior to performing under the Telework modality), and with the corresponding frequency for its verification. II. Comply with the Telework Policy. III. Safeguard and keep in good condition the equipment, ergonomic furniture and, in general, the work tools provided for carrying out Telework. IV. Inform in writing and in advance of any change of address, temporary or definitive, of the workplace previously agreed upon for the performance of Telework, in order to carry out the necessary procedures to verify that the new proposed workplace meets the necessary requirements. Likewise, they must inform in writing of any alteration with respect to the occupational safety and health conditions. V. Notify the employer and the Joint Safety and Hygiene Commission of any occupational risk they may suffer. NOM-037 will enter into force 180 calendar days after its publication in the DOF, that is, as of December 2023. Compliance with this NOM-037 may be verified in the inspections carried out by the STPS, and its non-compliance could result in the imposition of fines. We are at your service for any questions regarding the particularities of NOM-037 and its implementation. We share with you the link to the publication in the DOF: https://www.dof.gob.mx/nota_detalle.php?codigo=5691672&fecha=08/06/2023#gsc.tab=0 For additional information, please contact: Rodolfo Trampe, Partner: + 52 55 5258 1054 | rtrampe@vwys.com.mx Rafael Vallejo, Partner: + 52 55 5258 1036 | rvallejo@vwys.com.mx Adrián Castillo, Counsel: + 52 55 5258 1036 | adcastillo@vwys.com.mx Alejandra Arizpe, Associate: +52 55 5258 1014 | aarizpe@vwys.com.mx Sarah Gibert, Associate: +52 55 5258 1036 | sgibert@vwys.com.mx Roberto Urbina, Associate: +52 55 5258 1036 | rurbina@vwys.com.mx Ana Ruiz, Associate: +52 55 5258 1036| aruiz@vwys.com.mx Alejandro Pérez, Associate: + 52 55 5258 1054 | alperez@vwys.com.mx Ricardo Rosas, Associate: + 52 55 5258 1054 | rrosasg@vwys.com.mx