The NOM-037-STPS-2023 is an official Mexican standard that establishes the safety and health conditions for telecommuting. It was published in the Official Gazette of the Federation on June 8, 2023. This standard is important because telecommuting has become increasingly common worldwide, especially after the COVID-19 pandemic. The NOM-037-STPS-2023 sets forth the risk prevention measures that must be adopted in workplaces where telecommuting is carried out. The standard applies to all workplaces with telecommuting employees. Here are some of the key aspects of the NOM-037-STPS-2023:
- Objective: The objective of the standard is to establish safety and health conditions for telecommuting.
- Scope: The standard applies to all workplaces with telecommuting employees.
- Employer’s obligations: The employer must provide telecommuting employees with the necessary equipment, tools, and materials for their work. They must also ensure that the provided equipment, tools, and materials are safe and suitable for the tasks to be performed. Additionally, the employer must provide training on the correct use of equipment, tools, and materials.
- Telecommuting employees’ obligations: Telecommuting employees must comply with the safety and health measures established by the employer. They must also report any situations that may jeopardize their safety or health at work.
- Safety and health conditions: The standard establishes safety and health conditions that must be met in telecommuting workplaces. These conditions include adequate lighting, ventilation, ergonomics, prevention of electrical hazards, and prevention of psychosocial risks.
Failure to comply with NOM 037 STPS can result in severe penalties, including monetary fines, temporary closures, and permanent closures for flagrant or repeat violations. According to Article 97 of NOM 037, fines are determined based on the severity of the violation, ranging from $100 to $750,000 Mexican pesos, imposed on establishment owners found to have deficiencies.
Additionally, each individual or legal entity responsible may be fined up to twenty-five times the general minimum wage in Mexico City for each infringement committed.
To avoid these hefty penalties, it’s crucial for your company to take necessary measures to ensure compliance with NOM 037 STPS.
If you want to manage NOM-037-STPS-2023 in an automated manner and avoid penalties for non-compliance, you can use BLMHRM to manage it. Ask us how we can help you comply and request a product demo.