The purpose of NOM-037 is to establish occupational safety and health conditions in the workplaces where employees perform their activities in order to prevent accidents and illnesses, as well as to promote a safe and healthy environment.
NOM-037 will be applicable in all workplaces that have employees working under this modality (remote work).
Companies with employees working remotely will have the following obligations:
- They must have a list of employees working remotely.
- The places that are agreed with the employee must have good connectivity and they must have appropriate conditions in terms of safety and health at work.
- The workplaces proposed and agreed with the employee must be previously established (the address may not change without prior written notice to the Company).
- There must be a remote work policy that complies with the provisions of the internal labor regulations and the collective bargaining agreement, as the case may be.
- Employees working remotely must be informed of the risks and their possible exposure to agents or psychosocial risk factors.
- Employers must have a checklist of the safety and health conditions in remote working. In the event that the workplace agreed is a place other than a private home, it must have the correspondent health and safety conditions.
- The Health and Safety Commission will supervise the checklist of safety and health conditions for remote working (including photographic or video evidence).
- Employees should be trained at least once a year on the safety and health conditions that the workplace must have and maintain in their workplace.
- Mechanisms must be established for the reversibility of the remote work to face-to-face employment.
Likewise, the employers must provide the workers with the following:
• Ergonomic chair.
• Necessary supplies for the proper performance of their work (e.g. computer, mouse, keyboard, monitor, printer, internet consumption, energy consumption, etc.).
• Accessories that guarantee ergonomic or postural conditions.
Likewise, the right of the employee to disconnect is recognized as a fundamental element under this modality which means that work shift must be respected.
Finally, NOM-037 establishes special protections for people who may suffer domestic violence and also recognizes the right of breastfeeding women to have a break to feed their children.