As previously reported, the Telework Law came into force in Mexico, requiring the Secretariat of Federal Labour to issue a new Official Mexican Norm (NOM) within 18 months, to regulate both the safety and health aspects of telework.
NOM-037 requires employers, among others, to:
- Establish a written Telework Policy with communication mechanisms to avoid the isolation of teleworkers, work schedules that include the right to rest and disconnect, and allow breastfeeding mothers time to feed their children, and mechanisms for teleworkers to notify changes of address.
- Provide training on occupational risks, including ergonomic and psychosocial risks, as well as on health and safety conditions.
- Maintain a list of teleworking employees (name, gender, marital status, workplace, percentage of time they will telework) and a list of computer and ergonomic equipment provided to each teleworker.
- Ensure that the teleworking location provides reliable connectivity for communicating, suitable health and safety conditions (including adequate lighting, ventilation, privacy, and noise levels that do not interfere with concentration), and appropriate ergonomic conditions.
- Arrange medical examinations under the provisions of NOM-030-STPS-2009.
- Report any accidents related to teleworking to the relevant authorities.
Employers must provide documentary evidence to prove their compliance with the prescribed obligations and may apply to an accredited inspection unit to assess their compliance with the standards introduced by NOM-037.