Publication of the Mexican Official Standard NOM-037-STPS-2023 regarding Remote Working: Health and safety conditions

On June 8th, 2023, the Official Mexican Standard NOM-037-STPS-2023 regarding Remote Working (“NOM-037”) was published in the Official Gazette of the Federation. NOM-037 will become effective on December 5th, 2023.

NOM-037 sets forth the health and safety conditions that must be followed in the places where remote workers perform their activities; therefore, it shall be followed by all companies who have implemented a remote work modality. NOM-037 imposes the following obligations to companies, among others:

• Keep an updated roster of the active remote workers.

• Ensure that the place from which remote workers will be providing their services complies with the requirements set forth in NOM-037.

• Implement, maintain and circulate a Remote Working Policy.

• Prepare a Checklist on health and safety conditions for Remote Working, to ensure compliance with the health and safety provisions set forth in NOM-037, and to comply with the necessary hygiene and safety measures established by the Company’s Safety and Hygiene Commission.

• Give proper maintenance to the remote workers electronic equipment.

• Provide training to remote workers in connection with the health and safe conditions that must be followed at their workplaces at least once a year.

• Provide remote workers with all the conditions and equipment described in NOM-037, such as ergonomic chairs and any necessary materials for their activities; and/or accessories that guarantee ergonomic or good posture conditions.

• Perform medical tests pursuant to NOM-030-SSA2-2007and monitor all work-related accidents reported by remote workers.

• Prepare mechanisms to support remote workers in case of domestic violence.

• Provide the necessary support for all the remote workers to participate in the Company’s Training and Productivity Commission.

Companies may engage Inspection Units to issue a certification on the compliance with NOM-037. Such certification will be valid for a two year-term, provided that the conditions that were analyzed for its issuance have not been modified.

The complete text of NOM-037 can be consulted at the following link: NOM-037

For any questions or comments regarding the foregoing, please contact the attorneys of our Corporate Law Practice, at the following email addresses:

Luis González
Socio
T: +52 55 50620056
lgonzalez@pcga.mx

Fernando Eraña
Socio
T: 55 50620054
ferana@pcga.mx

Eduardo Montenegro
Asociado
T: 55 59850495
emontenegroa@pcga.mx