On July 15, 2022, the draft Mexican Official Standard on Teleworking was published in the Official Gazette of the Federation, addressing the safety and health conditions for teleworking and establishing a period of 60 calendar days for interested parties to submit comments and suggestions to the National Advisory Committee on Standardization of Occupational Safety and Health and, where applicable, for the necessary modifications and additions to be made in order to pub
It is of the utmost relevance because the teleworking policies that are implemented will have to take into account these new provisions which, although they may undergo certain changes since this is a draft, set a clear standard for the obligations and rights of employers and workers who work under this modality. The main aspects are as follows: One or more locations may be agreed upon for performing Teleworking, provided that they are in appropriate conditions and are previously authorized by the employer. Employers must: a) keep an up-to-date record of workers under the teleworking modality including specific data; b) implement, maintain and disseminate a written Teleworking Policy; c) verify the occupational safety and health conditions in Teleworking; d) provide, install and be responsible for the necessary maintenance of the equipment or tools used for teleworking; e) implement mechanisms to protect the security of information and personal data; f) provide training at least once a year; g) have evidence proving the delivery of an ergonomic chair and the supplies necessary for the performance of teleworking. Workers must: a) observe the Teleworking Policy; b) report any change with respect to occupational safety and health conditions; c) safeguard and keep in good condition the supplies provided; d) comply with the policies and mechanisms for the supervision of teleworking and the protection of information and personal data; e) notify in writing and in advance any change of address and temporary relocations; f) report any occupational hazard; g) complete the checklist provided by the employer. The validation and review of occupational safety and health conditions in Teleworking may be carried out through physical, in-person visits to the workers' homes or, alternatively, through a worker self-assessment and using information and communication technologies. The work schedule or the distribution of the working day must be established in writing, including time for rest and meals, and guaranteeing the right to disconnect at the end of the working day. Establish mechanisms to: a) provide attention in cases of domestic violence; b) prevent the social isolation of the worker; c) apply, where appropriate, the reversibility of the work to the in-person modality; d) protect data and information; e) set the rules of contact and supervision for teleworking, guaranteeing the right to privacy. To consult the publication in the DOF, use the following link: https://www.dof.gob.mx/nota_detalle.php?codigo=5658278&fecha=15/07/2022#gsc.tab=0 We are at your service to resolve any questions regarding this draft NOM and to assist you in implementing or adapting teleworking policies to comply with these new provisions. For additional information, contact: Rodolfo Trampe, Partner: +52 (55) 5258-1054 | rtrampe@vwys.com.mx Alejandra Arizpe, Associate: +52 (55) 5258-1054 | aarizpe@vwys.com.mx Alejandro Pérez, Associate: +52 (55) 5258-1054 | aperez@vwys.com.mx Ricardo Rosas, Associate: +52 (55) 5258-1054 | rrosas@vwys.com.mx
