On July 15, 2022, the Department of Labor and Social Services published in the Official Gazette of the Federation, [in Spanish: el Diario Oficial de la Federación], the Official Mexican Standard Project, through which risk control measures are established that must be adopted in the workplace, in which employees under the teleworking regime carry out their activities. provided that they work a minimum of 40% of their work week; either in their home or place as chosen by the employee.
In consideration of which, it mentions various obligations that the employee will have to comply with. They must have an Internet connection in order to use and manage Information Technologies, and moreover, have adequate health and safety conditions, as well as a high quality of work with:
In consideration of the above, obligations are established that must be complied with for those employers who are in this condition, which are as follows:
• Mantain a list of employees in the Teleworking regime, as well as the risks related to the activities that they carry out.
• Create and maintain a verified list of health and safety conditions as it pertains to Teleworking and to validate the same.
• Establish a Policy and Teleworking Implementation Process.
• Provide the necessary supplies for the adequate performance of employees who telework.
• Give at least one year of training.
• Allow for maintenance and conditions of use, as well as equipment safety.
• Follow-up on notice of occupational accidents that, when appropriate, are reported.
• Modify the Teleworking regime to on-site work, as the case may be.
• Share with the Commission on Health and Safety compliance with the standard, including photographic evidence and a list of returned tools.
• Have service mechanisms for cases of domestic violence.
The Project will come into effect 180 calendar days subsequent to its publication in the Official Gazette of the Federation, which, notwithstanding, will become an obligation in 2023. It is worth noting that there is a period of 60 calendar days following its publication in the Official Gazette of the Federation, so that those who are interested may submit comments to the National Advisory Committee on Occupational Safety and Health [in Spanish: el Comité Consultivo Nacional de Normalización de Seguridad y Salud en el Trabajo].
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