Companies will evaluate the homes of their employees, this is how the Telework NOM comes |The Economist

2022-07-13 12:55:10 By : Ms. Candy Zhang

Check the digital edition and exclusive content.Be part of The Economist Club and the Leader Summaries virtual library.Enjoy our promotions.The preliminary draft prepared by the STPS complies with the term established in the LFT reform with which teleworking was regulated and aims to establish the health and safety conditions that must be observed in this work modality.The Ministry of Labor and Social Welfare (STPS) concluded the preliminary draft of Rule 037 of Telework that will now carry out its second stage: the public consultation.However, after working on the document in the hands of specialists, academics and business and union representatives, it is expected that the new regulatory framework will not undergo major changes.NOM-037-STPS-2022 will regulate the safety and health conditions at work that must be observed in the teleworking modality, this new Official Standard derives from the reform of the Federal Labor Law (LFT) of January 2021 that granted a period of one year and a half to the STPS to prepare the document.For now, the draft contemplates that employers give their staff who will telecommute a self-assessment with questions about the required conditions of the position and visual evidence of it.This will be the mechanism that will allow knowing whether or not the health and safety conditions at work are in place for people to carry out their activities remotely.“There is a whole series of self-assessment things that the worker himself does of what the conditions of his environment are so that the employer can assess whether or not there are safety conditions, because something that does not change in teleworking is that it remains the responsibility of the employee. employer to guarantee the safety and health conditions of the workers even if they are at home,” said Luisa María Alcalde Luján, head of the STPS, in an interview with the media.This checklist will be an alternative that employers will have when they cannot visit the workspace of their remote employees, since the project contemplates the possibility that employers go to the home of the teleworker, with the latter's prior authorization, to verify the conditions health and safety.In this way, one of the new obligations that teleworkers will have will be to answer the self-assessment so that their employer can verify that the place where they will carry out their activities has adequate health and safety conditions to prevent accidents and work-related illnesses.In line with the flexibility that remote work gives to work from anywhere beyond the workers' home, the draft establishes that collaborators must carry out the self-assessment or allow the employers to visit places where it has been agreed with the employer. pattern the performance of activities.In addition to the self-assessment mechanism, the NOM 037 project raises the possibility that employers rely on their Information Technology areas to carry out a remote review of people's workspace.NOM 037 on Teleworking will be mandatory for all employers who have personnel in this modality, which is recognized by law when people work more than 40% of their working day in a place other than their employer's workplace. and making use of information technologies, such as the computer.On the other hand, employers must inform teleworkers about the possible risks related to the activity they carry out, whether due to physical or mechanical agents, as well as possible alterations to health due to exposure to ergonomic risk factors and occupational factors. of psychosocial risk.NOM 037 contemplates at least three types of work risks: due to physical agents, due to ergonomic risk factors and due to psychosocial risk factors.In that vein, it includes a list of recommendations to mitigate them.To avoid risks due to physical agents, an area must be available:To mitigate risks due to ergonomic factors, have at least:To avoid risks due to psychosocial factors, have a work space in which:Although they will not be linked, Standard 037 contemplates as a reference the NOM-035 of psychosocial risk factors to help comply with the new regulation.Once the Telework NOM passes its 60-day public consultation stage and the pertinent changes are made after the opinions received, the project will be ready to be published in the DOF.It will enter into force 60 days after the final version of the document is promulgated.The STPS estimates that this regulatory framework can protect about 13 million workers who are likely to telecommute.By Editorial The EconomistBy Alejandro de la RosaAndres Manuel Lopez ObradorReceive our daily newsletter with the most outstanding contents of the print and digital editions of El EconomistaOn social networks we publish breaking news, exclusive content and promotions.They are a way for you to be in direct contact with our newsroom.Global Gender Gap IndexLabor gender gapTechnology and talent managementInfographic Data The EconomistEducation and labor marketCopyright © 1988-2015 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