Mexico Proposes New Health and Safety Rules for Teleworkers
Last week, Mexico’s Secretary of Labor and Social Welfare published NOM 037 regulating teleworkers’ working conditions. The new rules, once finalized after the public consultation period ends, will require employers to inspect and verify the health and safety conditions in teleworkers’ workspaces and implement multi-factor risk prevention procedures for all companies who employee teleworkers.
In Mexico, teleworker is defined as a worker who remotely performs their work activities with the remote work constituting more than 40% of working hours. Occasional or sporadic remote work will not meet the definition of teleworking. A set of teleworking rules were effective earlier this year including providing necessary equipment, reimbursing relevant costs, and the right to disconnect for teleworking employees. Subsequently, NOM 037 could add the following:
The new rules establish that an employer must verify the health and safety conditions in the teleworkers’ chosen workplace by visiting the physical location with the employee’s permission. Where the visit cannot be fulfilled, employees are allowed to conduct a self-assessment through a guideline provided by the STPS. Alternatively, employers might be able to carry out a remote visit where it’s applicable.
The new rules also require employers to update their teleworkers’ roster, establish a Telework Policy and implementation process, and educate teleworking employees about their health and safety at work.
In addition, employers are required to establish risk prevention procedures, including three types of work risks: due to physical risk factors, due to ergonomic risk factors and due to psychosocial risk factors. STPS has consolidated a list of recommendations on how to mitigate these risks.
The new NOM also includes mental health verification. Details remain to be worked out.
Outlook: The new rules, as part of Mexico’s enhanced regulatory engagement on teleworking, will impact approximately 13 million workers. Following the 60-day public consultation period, NOM 037 will be published in the Official Gazette of the Federation and enter into force within 180 calendar days.
Wenchao Dong
Senior Director and Leader, HR Policy Global, HR Policy Association
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