Official Mexican Standard NOM-037-2023 regarding health and safety regulations on teleworking
Official Mexican Standard NOM-037-2023 regarding health and safety regulations on teleworking

On June 8, 2023, the Official Gazette of the Federation, [in Spanish: el Diario Oficial de la Federación], published the Telework Health and Safety Regulations in the Workplace, which came into effect 180 calendar days subsequent to the publication of the Official Gazette of the Federation.

The objective is to establish health and safety conditions in those workplaces where workers in the category of Telework perform their activities in order to prevent accidents and illnesses, as well as to promote a safe and healthy environment in the workplace.

The following is published in this new provision:

  • Employer obligations
  • Worker obligations in the category of Telework
  • Health and safety conditions in the workplace in order to avoid occupational hazards
  • Training and development of skills provided to workers by an employer in the category of Telework, and where applicable, with the participation of the Joint Commission on Productivity and Training [in Spanish: la Comisión mixta de capacitación, adiestramiento y productividad] in Mexico
  • Conformity assessment bodies in charge of inspecting health and safety conditions
  • Procedure for Conformity Assessment that applies not only to inspections developed by the labor authorities, but also to services provided by Inspection Units contracted by the employer
  • Oversight will be the responsibility of the Department of Labor and Services [in Spanish:  la Secretaría del Trabajo y Previsión Social]

In addition to the foregoing, 5 appendixes of an informative nature were published in the transitory section, in which compliance is not mandatory:

Appendix 1. Telework Policy (informative)
Appendix 2. Assessment of candidates for Telework (informative)
Appendix 3. Health and Safety Conditions in the Workplace Verification List (informative)
Appendix 4. Recommendations of activities prior to Telework (informative)
Appendix 5. Recommendations for selecting an ergonomic chair (informative)

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