Copyright © 2024 Start-Ops Mexico All rights reserved.
The reproduction and/or distribution of this document is expressly prohibited without prior written permission of the
author.
You may not copy, reproduce, distribute, publish, display, perform, modify, transmit, nor may you distribute any part
of this content over any network, including a local area network, sell or offer it for sale, or use such content to
construct any kind of database.
Disclaimer
Legal texts and legal practice require close examination of terms and words and every sentence & paragraph can take
very different meanings depending on how these are being interpreted.
This document is an AI assisted translation of the original in Spanish and it should be used for information
purposes only. The author of this document has made reasonable efforts to provide an accurate translation, however, in
case of a discrepancy, the Spanish original will prevail before a court of law.
Mexican Official Standard NOM-037-STPS-2023, Teleworking - Occupational safety and health conditions.
On the margin a seal with the National Coat of Arms, which reads: Estados Unidos Mexicanos - Secretaría del Trabajo y Previsión Social.
LUISA MARIA ALCALDE LUJAN, Secretary of Labor and Social Welfare, based on Articles 40, Sections I and XI, of the Organic Law of the Federal Public Administration; 512, 523, Section I, 524 and 527, last paragraph, 330-A, 330-B, 330-C, 330-D, 330-E, 330-F, 330-G, 330-H, 330-I, 330-J, and 330-K, of the Federal Labor Law; 1, 3, section XI, 38, section II, 40, section VII, 41, 47, section IV, 51, first paragraph, 10, section II, 24, 25, 27, 28, 30 and 34, 35 and 39 of the Quality Infrastructure Law; 28 of the Regulations of the Federal Law on Metrology and Standardization; 5, Section III, 7, Sections XI, XII, XVI and XVII; 8, Sections I, III, V, VI, VII, VIII and XI of the Federal Regulations on Occupational Safety and Health; 22, Sections XIX and XXIII of the Internal Regulations of the Ministry of Labor and Social Welfare; and
WHEREAS
That in accordance with the provisions of Article 35 of the Quality Infrastructure Law, the Ministry of Labor and Social Welfare submitted to the National Advisory Committee for Standardization of Safety and Health at Work, at its Second Ordinary Session, held on June 14, 2022 the Draft Mexican Official Standard PROY-NOM-037-STPS-2022, Telework- Conditions of safety and health at work, for approval, and that the said Committee considered it appropriate and agreed that it be published as a Draft in the Official Gazette of the Federation;
In accordance with the provisions of Articles 23, 25, 68, 69, 70 section I, 71 and 75 of the General Law for Regulatory Improvement, the corresponding Project was submitted to the consideration of the National Commission for Regulatory Improvement, which issued a favorable opinion regarding the same;
That in accordance with the provisions of Article 34 of the Law on Quality Infrastructure and 33 of the Regulations of the Federal Law on Metrology and Standardization, the Draft Mexican Official Standard PROY-NOM-037-STPS-2022, Telework- Conditions of safety and health at work, was published for public consultation for sixty calendar days in the Official Gazette of the Federation on July 15, 2022, so that during that period interested parties could submit their comments to the National Advisory Committee for Standardization of Safety and Health at Work;
Pursuant to the provisions of Article 78 of the General Law of Regulatory Improvement, as well as Article Five of the Agreement that establishes the guidelines to be observed by the agencies and decentralized bodies of the Federal Public Administration, regarding the issuance of general administrative acts to which Article 69-H of the Federal Law of Administrative Procedure is applicable, in order to reduce compliance costs for individuals, the Mexican Official Norm NOM-101-STPS-1994, Safety - Chemical foam-based fire extinguishers, issued by the Ministry of Labor and Social Welfare and published in the Official Gazette of the Federation on January 8, 1996, will be repealed, which will benefit approximately 5.5 million workplaces issued by the Ministry of Labor and Social Welfare.5.5 million work centers issued by the Secretaría del Trabajo y Previsión Social and published in the Diario Oficial de la Federación on March 9, 2001, which will benefit approximately 5.4 million agricultural work centers.
Having received comments from 74 promoters, the aforementioned Committee proceeded to their study and timely resolved on the same, for which reason this agency published the respective responses in the Official Gazette of the Federation on May 15, 2023, and requested that they be published in the Integral Technological Platform of Quality Infrastructure, based on the provisions of Article 32, penultimate paragraph, of the Quality Infrastructure Law;
That as a result of the incorporation of the appropriate comments submitted to the PROY-NOM-037-STPS-2022, Telework- Conditions of safety and health at work, as well as the final review of the project itself, several modifications were made in order to provide clarity, consistency and legal certainty as to the provisions that apply in the workplace, and
In view of the above considerations, and given that the National Advisory Committee for Occupational Safety and Health Standardization, in its First Extraordinary Session of 2023, held on March 6, 2023, granted the respective approval, the following Mexican Official Standard is hereby issued:
NOM-037-STPS-2023, TELEWORKING-OCCUPATIONAL SAFETY AND HEALTH CONDITIONS TABLE OF CONTENTS
- Objective
- Field of application
- References
- Definitions
- Employer's obligations
- Obligations of the workers under the Teleworking modality
- Occupational health and safety conditions
- Training and education
- Conformity Assessment Bodies
- Conformity Assessment Procedure
- Surveillance
- Bibliography
- Conformity with international standards
TRANSITIONS
Appendix 1. Telework Policy (informative)
Appendix 2. Selection of candidates for Telework (informative)
Appendix 3. Workplace Safety and Health Conditions Checklist (informative)
Appendix 4. Recommendations of activities prior to Teleworking (informative)
Appendix 5. Recommendations for Selecting an Ergonomic Chair (informative)
1. Objective.
To establish the conditions of safety and health at work in the workplaces where workers under the modality of Teleworking perform their activities, in order to prevent accidents and diseases, as well as to promote a safe and healthy environment in their work environment.
2. Field of application.
This Mexican Official Standard applies throughout the Mexican Republic and applies to all workplaces that have workers under the modality of Telework.
3. References.
For the correct interpretation of this Standard, the following official Mexican standards in force, or those that replace them, should be consulted.
3.1 NOM-019-STPS-2011, Constitution, integration, organization and operation of health and safety commissions.
3.2 NOM-030-STPS-2009, Preventive occupational safety and health services-Functions and activities.
3.3 NOM-035-STPS-2018, Psychosocial risk factors at work - Identification, analysis and prevention.
4. Definitions.
For the purposes of this Standard, the following definitions are considered:
4.1 Occupational Accident: Any organic injury or functional disturbance, immediate or subsequent, death or disappearance resulting from a delinquent act, suddenly produced in the course of or in connection with work, regardless of the place and time in which it is performed. Included in the above definition are accidents that occur when the worker moves directly from his home to the place of work and from the latter to the former.
4.2 Severe traumatic event: An event experienced during or in connection with work that is characterized by the occurrence of death or that represents a real danger to the physical integrity of one or more persons and that may generate post-traumatic stress disorder for the person who suffers or witnesses it. Some examples are: explosions, collapses, fires of great magnitude; serious or fatal accidents, violent assaults, kidnappings and homicides, among others.
4.3 Unsafe Acts: The actions performed by the worker under the Telework modality that involve an omission or violation of a work method or measure determined as safe.
4.4 Agent: The physical, chemical, biological or mechanical element that, by absence or presence in the workplace can affect the life, health and physical integrity of the worker under the modality of Telework.
4.5 Work Center: The place or places, such as buildings, premises, facilities and areas, where activities of exploitation, exploitation, production, commercialization, transportation and storage or rendering of services are carried out, in which persons who are subject to an employment relationship concur.
4.6 Workload: They refer to the demands that the work imposes on the worker under the modality of Telework and that exceed their capacity. They can be of diverse nature, such as quantitative, cognitive or mental, emotional, responsibility, as well as contradictory or inconsistent loads.
4.7 Mixed Commission for Training, Education and Productivity: The Commission is composed of an equal number of representatives of workers and employers in companies with more than 50 workers, in compliance with the provisions of Article 153-E of the Federal Labor Law.
4.8 Safety and Hygiene Commission: The safety and hygiene commission or commissions constituted in the work centers in compliance with the provisions of Article 509 of the Federal Labor Law and NOM-019-STPS-2011, and which is composed of an equal number of representatives of the workers and the employer, depending on the existence of a collective bargaining agreement or internal work regulations.
4.9 Unsafe Conditions: Those deriving from the non-observance or disregard of the procedures or safety measures established in the Federal Regulations on Occupational Safety and Health or in the relevant regulations, which may lead to the occurrence of incidents, accidents and occupational diseases, or material damage in the workplace.
4.10 Hazardous Conditions: Those inherent characteristics of facilities, processes, equipment (including computer equipment), tools and materials, which may cause an incident, accident, occupational disease, or property damage in the workplace.
4.11 Disconnection: The right of an employee to withdraw from work (including disconnection from ICT digitally) and refrain from engaging in any type of communication with the workplace at the end of the working day, during non-working hours, vacations, leaves and leaves of absence.
In flexible schedules, the disconnection also applies during the breaks agreed between the worker under the modality of Telework with the employer and settled, as applicable, in the collective bargaining agreement or internal regulations.
4.12 Ergonomic Risk Factors: Those that can lead to physical strain, repetitive movements or forced postures in the work performed, with the consequent fatigue, errors, accidents and occupational diseases, derived from the computer equipment, tools (including ICT's) or work station.
4.13 Psychosocial Risk Factors: Those that can cause anxiety disorders, non-organic sleep-wake cycle disorders and severe and adaptive stress, derived from the nature of the job functions, the type of workday and exposure to severe traumatic events or acts of violence, due to the work performed.
4.14 Occupational Disease: Any pathological condition derived from the continuous action of a cause that has its origin or motive in the work or in the environment in which the worker is obliged to render his services.
4.15 Incidents: Events that may or may not cause damage to facilities, computer equipment (including ICT's), tools and / or materials used, and interfere in the processes and activities, and that in different circumstances could have resulted in injuries to the worker under the modality of Telework, so they require investigation to consider the adoption of appropriate preventive measures.
4.16 Law: The Federal Labor Law.
4.17 Checklist of safety and health conditions in Telework: Tool developed by the Health and Safety Commission by which it is evaluated whether or not the workplace has safe and healthy conditions for the performance of Telework.
4.18 Workplace: Fixed and private physical space, outside the workplace and outside it, agreed with the employer to carry out the Telework.
4.19 Standard; Official Mexican Standard: Technical regulation of mandatory observance issued by the competent Standardization Authorities whose essential purpose is the promotion of quality for economic development and the protection of the legitimate objectives of public interest set forth in the Quality Infrastructure Law, through the establishment of rules, denomination, specifications or characteristics applicable to a good, product, process or service, as well as those related to terminology, marking or labeling and information.
4.20 Working person under the modality of Telework: Working person who provides his personal, paid and subordinate service in fixed place(s), different from the work center, and uses information and communication technologies for the performance of his Telework tasks.
4.21 Telework Policy: Set of rules that regulate the terms in which Telework must be performed in a safe and healthy way, in order to avoid unsafe acts and/or unsafe or hazardous conditions, and prevent health risks and accidents in Telework due to exposure to physical, chemical, biological or mechanical agents, or psychosocial and ergonomic risk factors, which also complies with the provisions of articles 330-C and 330-D of the Law.
4.22 Reversibility: The change in the Telework modality to face-to-face work, in accordance with the provisions of article 330- G of the Federal Labor Law.
4.23 Occupational Risks: Accidents and illnesses to which workers are exposed in the course of or in connection with their work.
4.24 Union: The representation of the workers that holds the title to the collective bargaining agreement.
4.25 Information and Communication Technologies (ICT): The set of services, infrastructure, networks, software, computer applications and devices provided by the employer, which have as purpose, in this case, to facilitate the tasks and functions of the workers under the Telework modality, as well as those required for the management and transformation of information, in particular the technological components that allow creating, modifying, storing, protecting and retrieving that information.
4.26 Telework: Form of subordinate labor organization that consists of the performance of remunerated activities in places other than the work center, so that the physical presence of the worker under the Telework modality is not required in it, using information and communication technologies for the contact and command between the worker under the Telework modality and the employer.
4.27 Validation of the Checklist of the safety and health conditions in Telework: Confirmation of the safety and health conditions at the workplace of the worker under the modality of Telework, which performs the Commission of safety and hygiene to the conditions declared, evaluated and evidenced through the "Checklist of the safety and health conditions in Telework" (and, where appropriate, through photographic or video evidence) and that, where appropriate, gives by acceptable for its development.
5. Employer's Obligations.
5.1 To have an updated list of the workers under the Telework modality with, at least, the following information:
- Name of the workers under the Telework modality;
- Genre;
- Marital status
- Activities to be developed;
- Name and job profile;
- Time (in percentage) of the work relationship used to perform Telework;
- Contact telephone number;
- Domicile of the workers under the modality of Telework;
- Workplaces proposed by the workers under the Telework modality and agreed with the employer;
- Company name and address of the work center.
- List of computer and ergonomic equipment provided to the employee.
Note: The confidentiality of the data contained in the list of workers under the Telework modality will be under the responsibility of the employer.
5.1.1 The places of work that the worker under the modality of Teleworking proposes and agrees with the employer shall comply with the following conditions:
- Have connectivity for the use and management of Information and Communication Technologies, and
- To have safety and health conditions at work, with emphasis on the good condition of the electrical installations; with lighting, ventilation and ergonomic conditions.
5.1.2 The workplaces proposed by an employee aspiring to the Telework modality and agreed with the employer, in accordance with the collective bargaining agreement or the internal work regulations, must be fixed, provided that they guarantee that they meet the requirements of items a) and b) of section 5.1.1 and comply with the provisions of items 7.1, 7.2 and 7.3, paragraph a).
5.2 Establish, in writing, implement, maintain and disseminate in the workplace and among the workers under the Telework modality a Telework Policy that complies with the provisions of the collective bargaining agreement or the internal work regulations, as applicable, in compliance with the provisions of articles 330-C, 330-D and 330-E of the Federal Labor Law, and that:
- Promote the culture of occupational risk prevention through safety and health at work in workers under the modality of Telework;
- Establish communication mechanisms with workers under the Teleworking modality through face-to-face meetings at the work center, or by means of ICT, in order to avoid their social isolation;
- Facilitate the mechanisms of communication and dissemination at a distance with which the work center has, including e- mail and others, so that the workers under the modality of Teleworking have knowledge, among others, of the procedures referred to in Article 330-C second paragraph of the Law;
- Indicate the mechanisms and rules of contact between the work center and the workers under the Telework modality, provided that the right to privacy of the workers under the Telework modality is guaranteed, and that such mechanisms or rules do not interfere in the work-family relationship, and that they are proportional to their objective;
- Establish the duration of the agreed working hours, and/or the agreed distribution of working hours, provided that they do not exceed the legal and contractual maximums, including the right to rest breaks and disconnection (including disconnection from ICT digitally) at the end of the working day, during non-working hours, vacations, leaves and leaves of absence;
- It states that the rights of the workers under the Teleworking modality may not be inferior to those who perform face-to-face work in the workplace;
- Promote the gender perspective and allow to reconcile the personal life of workers under the modality of Telework, and consider the provisions of the protocol referred to in Article 132 section XXXI of the Law;
- Determine the schedule within the working day in which, for a maximum of six months, working mothers under the Teleworking modality during the breastfeeding period will have time to feed their children, being able to choose between taking two extraordinary breaks per day, of half an hour each, or reducing their working day by one hour, in the terms established by article 170 of the Federal Labor Law;
- Indicate the importance of the promotion and surveillance of the health of the workers under the modality of Telework;
- Establish the mechanics so that the workers under the Telework modality inform, in its case, to the employer the changes of domicile of the place of work;
- Define in a precise manner the responsibilities and obligations for the employers and for the workers who perform their activities in the Telework modality, in compliance with the provisions of article 330-B of the Law, including those established in the collective bargaining agreement or, as the case may be, the internal work regulations, and
- Establish the mechanisms to apply, where appropriate, the reversibility of Telework (including temporarily), in accordance with the provisions of Article 330-G of the Law.
Examples related to the content of the work policy are given in Appendix 1.
5.3 To inform to the workers under the modality of Telework and to the commission of security and hygiene of the work center, on the risks related to the Telework, and of the possible exposure of the workers under the modality of Telework to agents and to factors of risk (ergonomic and psychosocial).
5.4 To have the Checklist of the conditions of safety and health in Telework, in order to comply with the conditions of safety and health at work referred to in Chapter 7 of this Rule, as well as to comply with the measures of safety and hygiene in the workplace that have been established by the Safety and Hygiene Commission, and that are contained in the Checklist of the conditions of safety and health in Telework.
5.5 To grant the facilities for the Safety and Hygiene Commission to carry out the validation of the Checklist of the safety and health conditions in Teleworking (including photographic or video evidence), referred to in the numeral
5.4 of this Standard, and the evaluation of the possible risks, the employer may choose to:
- To make a visit to the proposed place of work, where the Telework would be carried out, with prior authorization of the aspiring worker to appear as a worker under the modality of Telework and with the facilities that it provides, or manages in the case of places for rent (offices for rent), or
- In alternative, to paragraph a) of this numeral, provide the worker aspiring to appear as a worker under the modality of Teleworking the checklist of the conditions of safety and health for Teleworking, that through its self-application allows to know if it has or not with the conditions of safety and health at work to perform their activities of Teleworking.
In its case, to corroborate the information of the Checklist of the safety and health conditions in Telework, the Health and Safety Commission may request the aspiring worker, or the worker under the modality of Telework, as appropriate, a remote verification of the work site, supported by ICT, or photographic or video evidence of the workplace.
The self-application of the Checklist of the safety and health conditions in Telework does not mean the transfer of the responsibility to the workers under the Telework modality in the verification of the safety and health conditions of the workplace, nor of the adequacy at the expense of their patrimony.
In case that the place of work proposed by the worker who aspires to appear as a worker under the modality of Teleworking does not have the conditions of safety and health at work, Teleworking can not be performed.
5.5.1 A second version of the checklist of the conditions of safety and health in Telework shall serve to apply it periodically and verify the continuity of the conditions in which Telework is performed, in the terms of the indicated in the numeral 5.5 of this Rule.
Appendix 3, "Checklist of safety and health conditions in Telework" shows examples of questions to integrate the content of the checklist to be applied by the worker, as an applicant or as a person working under the Telework modality.
5.6 Establish and document, where appropriate, the process of implementation of Teleworking for the work center that changes from face-to-face mode to Teleworking and vice versa, and that at least contemplates the following:
- The way to maintain and establish communication between the worker under the Telework modality and the work center;
- The moments, conditions or causes in which the worker under the modality of Telework will attend the work center;
- Indicate the way in which the development of Teleworking will be supervised, and
- Establish the manner in which maintenance will be given to the computer equipment or tools (including ICT's) used and/or assigned for Teleworking.
5.7 To provide to the workers under the modality of Teleworking to develop their activities outside the work center, the following:
- Ergonomic chair or other type of chair appropriate to the activities to be developed;
- The necessary inputs for its adequate performance, such as for sending the information digitally, or printing it; and
- If applicable, the attachments that guarantee ergonomic or postural conditions of the worker during the working day.
Note: In the event that the place of work agreed under the Telework modality is a place other than a private domicile, it must have safety and hygiene conditions, in addition to the requirements of items 7.1, 7.2 and 7.3, paragraph a), of this Standard.
5.8 Establish and document programs, and how to provide maintenance, in safe conditions to the equipment for the management of ICT provided to workers under the modality of Teleworking to perform their activities.
5.9 To provide, in accordance with the provisions of Chapter 8 of this Standard, training at least once a year to workers under the Telework modality, on the safety and health conditions that they must have and maintain in their workplace.
5.10 To establish mechanisms for the reversibility of the modality of Telework to face-to-face, when the worker under the modality of Telework informs the employer of any condition, or alteration of the conditions of safety and health at work, which justifies the return to face-to-face work, or because it is convenient to their labor interests, in accordance with what in this regard has been recorded in writing in compliance with the provisions of article 330-G of the Law.
5.11 To practice the medical examinations that corresponds to the workers under the modality of Telework in accordance with the provisions of the NOM-030-STPS-2009, and to follow up the notices of accident of work that, in its case, report the workers under the modality of Telework or their relatives, when those have suffered an accident in the workplace, with reason or in exercise of their activities of Telework, always observing the protocols established by the institutions of social security.
5.12 Share documentation resulting from compliance with this Standard with the Health and Safety Committee, including as applicable:
- The checklist of safety and health conditions in Telework;
- Validation of the checklist of safety and health conditions in Telework;
- The photographic or video evidence of the safety and health conditions in Teleworking, and
- The lists that prove the goods and computer equipment provided to the worker under the modality of Telework, referred to in paragraph 5.7 of this NOM.
5.13 To have in place care mechanisms for cases of domestic violence that consider, among other things, a return to the face- to-face modality on a temporary or permanent basis.
5.14 To provide the support and the necessary facilities so that, in its case, the workers under the modality of Telework participate in the Commission of Security and Hygiene or in the mixed Commission of training, training and productivity.
6. Obligations of the workers under the modality of Telework.
6.1 Provide to the Health and Safety Commission, if the worker agrees, the facilities in writing for a physical check of the safety and health conditions at work in the workplace, outside the workplace, or alternatively apply the checklist on the safety and health conditions in the workplace or workplaces to perform their Telework activities, before appearing as a person working under the modality of Telework, and after being so, with the appropriate periodicity.
6.2 Comply with the Telework Policy.
6.3 Inform the employer and the Commission of Safety and Hygiene any alteration of the conditions of safety and health at work, or case of force majeure, which prevent the development of Telework, including those severe traumatic events that had witnessed or suffered, on the occasion or in the exercise of their work. The letter must contain at least: the date of preparation; the name of the worker in the modality of Telework that prepares the writing; the date of occurrence, and the description of the alterations or events.
6.4 To safeguard and keep in good condition the equipment (including computer equipment), materials, tools and ergonomic furniture that in its case and according to the needs of their position or activity, the employer provides them to perform Teleworking in their workplace.
6.5 Observe the provisions on occupational health and safety, and undergo medical examinations, in accordance with the provisions of NOM-030-STPS-2009.
6.6 To comply with the policies and mechanisms of protection of data and information established by the employer in the performance of its activities as a worker under the modality of Telework, as well as the restrictions on its use and storage.
6.7 Inform in writing and in advance to the employer of any permanent or temporary change of address, to the place of work previously agreed in order that, if necessary, the steps are taken to verify that the proposed new place of work meets the requirements for Telework is developed there. The letter must contain at least: the date of preparation; the name of the worker in the modality of Telework that prepares the letter; the date of occurrence, and the description of the change of address.
6.8 Participate in the processes of risk information related to their Telework activities and training provided by the employer, as well as in face-to-face or virtual meetings organized to avoid social isolation, in accordance with the provisions of Chapter 8 of this Standard.
6.9 To notify the employer and the Commission of Safety and Hygiene of the risks of work that suffers. The notice must contain at least: the date of elaboration; the name of the worker in the modality of Telework that elaborates the writing; the date of occurrence, and the description of the event.
7. Occupational health and safety conditions.
7.1 To avoid occupational hazards caused by physical agents: Have a work area that is located:
- Clean and orderly, without materials, objects or equipment not necessary in the workplace, as a basic principle of safety, placing the most used elements close to the place of use and those of infrequent or occasional use far away;
- Illuminated, by natural or artificial light, that does not cause glare due to excessive illumination or inadequate location of the light source, or visual fatigue due to deficient illumination;
- With temperature and ventilation that is perceived as pleasant for the type of activity performed during the workday, and
- With a noise level that does not prevent you from concentrating on your work, except for ambient noise that may be under the control of third parties.
7.2 To avoid occupational hazards caused by ergonomic risk factors:
To have a workplace that allows the worker under the Telework modality to feel comfortable to perform their activities, in such a way that (by the furniture, or prolonged sedentary positions) avoids that back, shoulders or neck accumulate tensions. That place of work at least must count on:
- Desk, table or work surface where the worker under the Telework modality, in its case, can comfortably support the arms (sitting and/or standing) without accessories or obstacles under the referred desk, table or work surface, that prevent the uncomfortable placement of the legs, and without projections or elements that could generate a work risk;
- Ergonomic or other type of chair, appropriate to the activities to be developed, and
- If applicable, ergonomic or postural aids to support the use of computer equipment.
Appendix 5 shows some characteristics that can be used to identify an ergonomic chair.
7.3 To avoid occupational hazards caused by psychosocial risk factors, as applicable:
- To have a physical space that, preferably, allows privacy to the worker under the modality of Telework when he is in his working day, to avoid that any person outside the work inherent to the Telework can interfere, interrupt, or affect their activities;
- A gender perspective should be observed to enable the reconciliation of work with family and personal life, including the possibility of flexible working hours to facilitate family responsibilities;
- There are mechanisms of communication to the employer about cases of domestic violence that affect the worker under the modality of Telework, who performs Telework from his own home;
- There are adequate breaks and rest periods for workers under the Telework modality, y
- The right to disconnection (including disconnection from ICTs in a digital manner) of workers is respected under the Telework modality at the end of the working day, during breaks agreed in flexible schedules, during non-working hours, vacations, leaves and leaves of absence.
8. Training and education.
8.1 The training and training provided to workers under the modality of Telework by the employer, and in applicable cases with the participation of the Joint Commission of training, training and productivity, shall consist, as applicable:
- In recognizing hazards in their workplace, by applying the Occupational Safety and Health Conditions Checklist, to:
- The different types of hazards from hazardous and unsafe conditions possibly present in your workplace;
- Ergonomic risk factors due to awkward postures, repetitive movements and prolonged sitting, and
- The psychosocial risk factors, emphasizing those that could be present in Telework modality, such as interference in the work-family relationship, accelerated work rhythms, workload, communication between workers, social support and workplace violence, among others;
- The understanding and application of the Telework Policy;
- In the necessary knowledge for the handling of the Information and Communication Technologies, for the Telework modality
Note: The training process or training may be conducted in remote, face-to-face or blended mode, as part of the working day.
9. Conformity assessment bodies.
Agencies in charge of inspecting safety and health conditions (they will not visit workplaces).
9.1 The employer shall have the option of contracting the services of an Inspection Unit accredited and approved under the terms of the Quality Infrastructure Law and its Regulations, to evaluate conformity with this Mexican Official Standard.
9.2 Inspection units assessing conformity with this NOM must apply the compliance criteria established in the conformity assessment procedure, according to Chapter 10 of this NOM.
In the necessary knowledge for the handling of the Information and Communication Technologies, for the Telework modality:
9.3 The accredited and approved Inspection Units that evaluate compliance with this Standard shall issue, when the work center complies with the provisions of this Standard, an opinion, which shall contain:
- Identification data of the verified center:
- The name, denomination or company name;
- The Federal Taxpayers Registry
- The complete address;
- Telephone;
- E-mail, and
- Its main activity;
- Inspection unit identification data:
- The name, denomination or company name;
- The accreditation number;
- The approval number granted by the Ministry of Labor and Social Welfare;
- REPSE number, and
- Your complete address;
- Opinion data:
- The key and name of the standard;
- The name of the verifier evaluated and approved;
- The date of verification;
- The opinion number;
- The validity of the opinion;
- The place of issuance of the opinion;
- The date of issuance of the opinion, and
- The registration number of the report issued by the Ministry of Labor and Social Welfare when the respective report is submitted in the electronic services portal module, or platform that replaces it.
9.4 The validity of the rulings issued by the inspection units will be of two years, provided that the conditions that served for their issuance are not modified.
10. Conformity Assessment Procedure.
10.1 This Conformity Assessment Procedure applies both to the inspection visits carried out by the labor authority and to the services provided by the Inspection Units hired by the employer.
10.2 The current inspection report must be made available to the labor authority upon request. Telework Safety and Health Checklists received by the employer shall be made available to the labor authority upon request.
10.3 The aspects to be verified during the evaluation of conformity with this Standard shall be carried out at the workplace, as applicable, by means of physical verification, documentary review, records or interviews, in accordance with the following:
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.1 | Documentary |
The employer complies when it presents evidence that:
|
|
|
Remarks: The list of the workers under the modality of Telework can be presented in printed form, or in electronic files of digital media. The updating of the list of workers under the Telework modality occurs when a new worker joins this modality, or when one of those already on the list ceases to be so. The names of the workers under the modality of Telework that are on the list may be certified with other documents that the employer exhibits as, for example:
It is also advisable that during the act of evaluation of compliance with this Mexican Official Standard is present, at least, a number of workers under the modality of Telework, representative of those who work in the mode of Telework that allows the Labor Authority or, where appropriate, the Inspection Unit, to ask some questions or concerns at that time have, and that allows you to check or not the content of the documentation that the employer is providing as evidence of compliance with the contents of the list referred to in this paragraph. In the event that the list of workers under the modality of teleworking lacks the information of any of the items of this numeral at the time of the verification, this could be completed during the conduct of the diligence, the above in order that the missing information is not a reason for summons and possible sanction for non-compliance, the latter (the sanction) only in the case of the labor authority. It is valid that, for a single person working under the Telework modality, there is in the list more than one domicile agreed between this one and the employer, where the Telework is carried out. |
|||
| 5.1.1 | Documentary |
The employer complies when it presents evidence that:
For each of the workers under the modality of Teleworking, the place(s) of work -which was established by mutual agreement- has safety and health conditions at work, with emphasis on the good condition of electrical installations, lighting, ventilation and ergonomic conditions. |
|
|
Remarks: It is valid if the employer submits as evidence of compliance information showing that in the domicile where the workplace agreed with the worker under the Telework modality is located, there is a contract, a receipt or any other document indicating that in such place there is Internet connectivity for ICT equipment, and that there are safety and health conditions at work, with emphasis on the good condition of the electrical installations, with lighting, ventilation and ergonomic conditions. When, for a worker under the modality of Telework, the employer has agreed more than one workplace, for each of these places the employer must have evidence that there is connectivity, and safety and health conditions at work, with emphasis on the good condition of electrical installations, lighting, ventilation and ergonomic conditions, as mentioned in the preceding paragraph. Also, the employer must demonstrate that it has in writing, in what cases the worker under the Telework modality can change from one to another agreed workplace, for example, by failures in connectivity: by technical problems of ICT; by blackouts or suspensions of electricity and Internet connectivity networks, or by days and schedules pre-established between the employer and the worker under the Telework modality, among others. The safety conditions of the workplaces of each worker under the Telework modality shall be established in writing. The commission of safety and hygiene will be who reviews (in situ only with the consent of the applicant to be a person working under the modality of Telework or with his intervention) or with the information recorded on the occasion of the self-assessment of the checklist of the conditions of safety and health at work, in which it is verified that the conditions of safety and health of the place (s) of work, as applicable, in what makes the electrical installations, lighting, ventilation and ergonomic and psychosocial conditions in which the Telework is developed are adequate and will not generate damage to the physical integrity or health of the worker under the modality of Telework. |
|||
| 5.1.2 | Documentary | The employer complies when the place(s) of work proposed by a worker aspiring to the Telework modality and agreed with the employer, according to the collective bargaining agreement or the internal work regulations, are fixed, provided that these guarantee that the requirements of items a) and b) of section 5.1.1 are met and comply with the provisions of items 7.1, 7.2 and 7.3, paragraph a). | |
|
Remarks: A person working under the modality of Teleworking can propose to the employer more than one fixed place to locate in the workplace. In this case, each of the workplaces must have the connectivity for the use and management of information and communication technologies, i.e. with connectivity for ICT; with the conditions of safety and health at work, and with the physical requirements to avoid occupational hazards caused by physical agents, ergonomic risk factors and psychosocial risk factors, the latter with regard to the physical space. It is very opportune that if the work center has a collective bargaining agreement or internal rules and regulations, it should include ehat this fraction requires, with this also it would be complying with the provisions of the Federal Labor Law.. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.2 | Documentary |
The employer complies when it presents evidence that:
The employer complies when it presents evidence that the Telework policy established in writing, implemented, maintained and disseminated in the workplace, promotes the culture of prevention of occupational hazards through safety and health. |
|
|
Remarks: It is valid for the employer to present the Telework policy of its work center incorporated in a single instrument, in which it is combined with other types of policies that it has implemented in the work center, with concurrent issues to safety and health at work, or to present it independently. The mechanisms to implement, maintain and disseminate the policy of Telework must be known by all workers of the workplace (including workers under the modality of teleworking) so that any of them can be interviewed to corroborate the documentary evidence that the employer submits to demonstrate that it complies with the obligation of this numeral. It would be convenient that during the visits made by the Labor Authority (or during the actions of the inspection units) to the workplaces, there are present some workers under the telework modality, so that they can be interviewed about the knowledge, understanding and application of the Telework policy that is implemented, maintained and disseminated in the workplace. The employer of the work center may take as reference information, for the elaboration of the Telework policy, the content of Appendix I contained in this Mexican Official Standard, but it will not be considered as non-compliance if the employer elaborated its own Telework policy without taking into consideration the content of such Appendix. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.2 | Documentary and interview |
The employer complies when it presents evidence that:
|
|
|
Remarks: The agents referred to in this paragraph are mainly physical agents (e.g., vibrations, lighting, ventilation, or temperatures), chemical agents (fumes, vapors, mists or mists) and biological agents (viruses, bacteria, fungi) to which the worker may be exposed under the modality of Telework in the exercise or because of their work. These can be present or not in the workplace of the worker under the modality of Telework. The employer, to demonstrate that it complies with the obligation of this numeral may submit evidence that informs workers under the modality of Telework on the requirements of this numeral, for example, through talks (which in many workplaces are applied before starting the activities) taking advantage of ICT, or that prepares and provides them with printed or digital material that can be shared precisely with workers under the modality of Telework and with the members of the health and safety committee of the workplace. Likewise, the employer may present evidence that the workers under the Telework modality and the members of the health and safety commissions are informed, for example, that ergonomic risk factors can be triggered in a person by a bad position, even when seated, and that can affect musculoskeletal health, significantly increasing the likelihood of damage. The above through talks or printed or digital information. The employer can also deepen this issue by informing the workers under the Telework modality and the members of the health and safety commissions that it is likely that involuntary physical and postural efforts are also made, such as many hours in front of a computer (without changing position) or in front of any other type of ICT equipment by sitting and static position, without hardly moving, which can cause exposure to ergonomic risk factors present day by day. Also, the employer can demonstrate that informs the workers under the modality of Telework and the members of the commissions of safety and hygiene on the risks to which is exposed who perform Telework, if it makes mention in their talks or material on ergonomic risk factors and psychosocial risk factors, of the latter for example, that excessive workloads can lead to unpleasant consequences, which have to do with physical and mental exhaustion; a lack of concentration and sleep disorders, or fatigue, confusion, depression, anxiety and even heart problems, to mention a few elements of such information. In that sense, the employer can make use of literature and research that has within reach (publications, articles, studies, among others) that allows him to inform workers under the modality of Telework, for example, the importance of work-family balance, not social isolation, the so-called techno-stress, the lack of social support, flexibility in schedules and the proper use of information technology. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.4 and 7 | Documentary |
The employer complies when:
|
|
|
Remarks: It is valid that the employer submit, to demonstrate compliance with this numeral, for each of the workers under the modality of Telework a document of validation of the conditions of safety and health at work of their workplace(s), or submit as evidence of compliance a single document, which has content to all workers under the modality of Telework [and their workplace(s)] for example a matrix of information, the validation of the conditions of safety and health at work of those workplaces. In the event that one or more workers under the Telework modality have agreed more than one work place with the employer, for each of those places, it must have the validation of the safety and health conditions at work. The above, invariably applies when the option to validate the conditions of safety and health at work has been through the application of the checklist of the conditions of safety and health at work by the worker under the modality of Telework, or during the visit allowed by the latter to check the conditions of safety and health at work in the workplace or workplaces. Everything indicated in this number, to verify compliance, is also applicable, as will be seen below, with the periodicity determined by the employer, to verify that occupational health and safety conditions are maintained in the workplace after the first verification and validation by the safety and hygiene commission of the workplace, or by the employer himself when there is no safety and hygiene commission in the workplace because the number of workers in the workplace does not warrant it. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.5 | Documentary |
The employer complies when it presents evidence that:
|
|
| The checklist of occupational safety and health conditions, as discussed below, is also applied, with the periodicity determined by the employer, to verify that occupational safety and health conditions are maintained in the workplace, after the first verification and validation by the workplace safety and health commission, or by the employer itself when there is no safety and health commission in the workplace because the number of workers in the workplace does not warrant it. | |||
| 5.5.1 | Documentary | The employer complies when it presents evidence that it has a second version of the checklist of safety and health conditions for Telework (or in a second section of the checklist of safety and health conditions at work as presented in the example of the corresponding Appendix of this Standard, which serves to self- apply by workers under the modality of telework periodically and verify the continuity of the conditions under which Telework is performed, in the terms of the provisions of paragraph 5.5 of this Standard (previous bullet). | |
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.6 | Documentary |
The employer complies when it presents evidence that:
|
|
|
Remarks: Invariably the employer that has in its work center workers under the Telework modality, has the obligation to establish a process for the change of the telework modality to face-to-face work and vice versa. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.7 | Documentary |
The employer complies when it presents evidence that, to the workers under the Telework modality to develop their activities outside the work center, it provides them:
|
|
|
Remarks: It is valid that the employer submits for compliance with this numeral a document containing the list of equipment provided -for the safekeeping of the worker under the modality of Teleworking- signed by the latter as evidence of receipt. In the event that the worker under the modality of Teleworking refuses to receive the chairs, inputs or attachments referred to in paragraph 5.7 of this Rule, must sign such refusal in the document in which the list of equipment mentioned above appears, justifying the reasons for his decision. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.8 | Documentary |
The employer complies when it presents evidence that:
|
|
|
Remarks: Since the Decree which amends article 311 and adds Chapter XII of the Federal Labor Law, in matters of Telework, provides that the working conditions shall be recorded in writing by means of a contract, among which contemplates the equipment and work supplies, including that related to the conditions of safety and health that are delivered to the worker in the modality of Telework, and in the case of employers who do not have a collective bargaining agreement, to demonstrate compliance with this numeral may include Telework in its Internal Regulations of Work; the delivery of the equipment for the management of ICT, as well as the way in which it will provide maintenance, that is, since as special obligations that are established for the employer, are those of how to provide, install and take care of the maintenance of the equipment necessary for Teleworking, such as computer equipment, ergonomic chairs, printers among others, the employer may submit as evidence of compliance with this provision copy of the collective bargaining agreement or the Internal Regulations in which this commitment is established. It will be valid for the employer to submit programs that establish the dates and type of activities to be developed in the maintenance of the equipment provided to the worker under the Telework modality to perform their activities (in safe conditions) for the management of ICT. In agreement with the worker under the Teleworking modality, the dates in which the maintenance will be performed can be agreed, understanding this as the actions that aim to preserve the equipment or restore it, when required, to a state in which it can carry out some required function. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.9 and 8 | Documentary |
The employer complies when it presents evidence that:
-In recognizing hazards in their workplace, by applying the checklist of occupational safety and health conditions for:
|
|
|
Remarks: The training process or training can be done remotely, on-site or mixed. In the training programs that the work center prepares and applies for workers who work in person, may include the topics, dates, times and other information related to training for workers under the modality of Teleworking. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.10 | Documentary |
The employer complies when it presents evidence, in accordance with what has been recorded in writing in compliance with the provisions of article 330-G of the Law, that:
|
|
|
Remarks: It is valid for the employer to submit as evidence of compliance with this paragraph a copy of the collective bargaining agreement; the internal regulations, or any other document agreed between both parties, as applicable, which provides for the return to work in person of those workers under the Telework modality who changed to this modality from work in person, provided that it is considered that the change is voluntary, except in cases of force majeure duly accredited. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.11 | Documentary |
The employer complies when it presents evidence that:
|
|
|
Remarks: In any of the types of verification of the obligations referred to in this Mexican Official Standard, the labor authority may resort to the interview of workers under the modality of Telework, to reinforce compliance or non-compliance with the obligations of the employer. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.12 | Documentary |
The employer complies when it presents evidence that:
|
|
|
Remarks: The employer may use the means of communication already established with the safety and health commission of the work center to share the information referred to in this section. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.13 | Documentary | The employer complies when it presents evidence that it has mechanisms in place to deal with cases of domestic violence that consider, among other things, the return to the face-to-face modality on a temporary or permanent basis. | |
|
The mechanisms of attention that the employer establishes to give attention to the cases of violence identified by the worker herself or by any other means by which she finds out and that corroborates its existence, may be instrumented by the application of criteria, guidelines, procedures or protocols or other that the workplace has that allow to implement the content of the policies of Telework and in case, channel the violent worker to the specialized institutional care. |
|||
| Provision | Type of check | Acceptance Criteria | Risk |
|---|---|---|---|
| 5.14 | Documentary | The employer complies when it presents evidence that it provides the necessary support and facilities so that, if applicable, the workers under the Telework modality participate in the Health and Safety Commission or in the Joint Commission of training and productivity. |
10.4 The documentary evidence or records referred to in this Standard may be exhibited in hard copy or on computer or digital media, and must be kept for at least one year.
11. Surveillance.
The Ministry of Labor and Social Welfare is responsible for overseeing compliance with this Mexican Official Standard.
12. Bibliography.
12.1 DECREE reforming Article 311 and adding Chapter XII Bis of the Federal Labor Law, regarding Teleworking (DOF January 11, 2021)
12.2 Supreme Decree 4218: Telework, 2020. https://boliviaemprende.com/noticias/decreto-supremo-4218-teletrabajo#::text=ART%C3%8DCULO%201.,los%20sectores%20p%C3%BAblico%20y%20privado.
12.3 Law 21220. Modification to the Labor Code regarding telecommuting 2020, https://www.bcn.cl/leychile/navegar?idNorma=1143741
12.4 Telework y work https://www.santiago.gob.cu/images/pdf/Notilex_Teletrabajo_y_trabajo_a_distancia.pdf a telecommuting 2020
12.5 Ministerial Agreement No. MDT-2016-190. Norms regulating teleworking in the private sector. 2016. http://www.trabajo.gob.ec/wp-content/uploads/2016/10/Acuerdo_Teletrabajo_WEB.pdf
12.6 Ministerial Agreement No. MDT-2020-181. Guidelines for the implementation of Telework in the Labor Code, in accordance with the provisions of the Organic Law of Humanitarian Support to combat the health crisis arising from COVID-19. 2020. http://www.trabajo.gob.ec/wp-content/uploads/2020/09/AM-MDT-2020-181-TELETRABAJO- 14.09.2020-signed.pdf
12.7 Decree 600. Law of Regulation of Telework. 2020. https://www.asamblea.gob.sv/sites/default/files/documents/decretos/384052FA-7820-4835-A5F9-AF8150684D71.pdf
12.8 Real Decree - Law 28/2020. Telecommuting. 2020. https://www.boe.es/buscar/pdf/2020/BOE-A-2020-11043- consolidado.pdf
12.9 INITIATIVE OF LAW. WHICH PROVIDES FOR THE APPROVAL OF THE TELEWORK LAW 2020. https://www.congreso.gob.gt/assets/uploads/info_legislativo/iniciativas/c1a97-5764.pdf
12.10 Law 126. That establishes y regulatesthe Telework at the Republic of Panama. 2020. https://www.gacetaoficial.gob.pa/pdfTemp/28965_A/GacetaNo_28965a_20200219.pdf
12.11 Law No. 30036. Law that regulates the Telework. 2013. http://www2.congreso.gob.pe/sicr/cendocbib/con4_uibd.nsf/DD7DF93E4B76742105257EF4000325BA/$FILE/30036.p
12.12 Supreme Decree No. 017-2015-TR that approves the Regulation of the Law No. 30036 that regulates telework. 2015. http://www.aprodeh.org.pe/documentos/marco-normativo/discapacidad/Decreto_Supremo_017-2015-TR_aprueba_Reglamento_Ley_de_Teletrabajo.pdf
12.13 Emergency Decree No. 026-2020, developed by Decree No. 010-2020-TR, has created the figure of "Remote Work". 2020. https://cdn.www.gob.pe/uploads/document/file/569726/1865130-2.pdf
12.14 Guide for the application of work remote work. 2020. https://cdn.www.gob.pe/uploads/document/file/662676/GUIA_PARA_LA_APLICACION_DEL_TRABAJO_REMOTO.pd
12.15 Law No. 36 of 2020. Distance Work Law. THE IMPLEMENTATION OF THE LAW WILL BE FROM THE YEAR 2020. FISCAL 2020-2021. 2020. http://www.lexjuris.com/lexlex/Leyes2020/lexl2020036.htm
12.16 Resolution No. 23/2020 On the Regulation of Telework as a special modality of work. NOT YET IN FORCE. 2020. https://www.mt.gob.do/images/documentos/RESOLUCION%2023-2020%2020ON%20REGULATION%20OF%20TELEWORK%20AS%20A%20SPECIAL%20MODE%20D
13. Conformity with international standards.
This Mexican Official Standard is not equivalent to any international standard because none existed at the time of preparation.
TRANSITIONS.
FIRST. This Official Mexican Standard shall enter into force 180 calendar days after its publication in the Official Gazette of the Federation.
The Secretary of Labor and Social Welfare, Luisa María Alcalde Luján, Mexico City, on the first day of June of the year two thousand twenty-three.
Appendix 1, Telework Policy (informative)
This Appendix is for information purposes only and is not mandatory.
This Appendix shows some examples that the employer can take into consideration to elaborate the Telework policy of its work center.
The labor inspection and, if applicable, the inspection units cannot mark as non-compliance with this NOM if the examples of measures, conditions or recommendations presented in this Appendix are not followed or not adopted.
General
In order to draft a Telework policy of the work center it is advisable to take into consideration the following:
- To establish the hours in which the workers under the Telework modality must be available through the Information and Communication Technologies.
- Specify clearly at what time the working day must begin and end for workers under the Telework modality.
- If applicable, indicate if the employer agrees with the workers under the Telework modality that flexible schedules will be adopted (for example, staggered schedules during the day to comply with the working day).
- Describe the procedures for reporting working hours and tasks performed previously scheduled with workers under the Telework modality.
- Describe how work quality will be rated and the review processes that will be implemented to ensure equal conditions and workloads, regardless of gender of the workers under the Telework modality.
- Contemplate conditions or eventualities, so that people working under the Telework modality know what to do if they have problems with their WiFi, their computer or software tools, for example.
- Request opinion to the people working under the Telework modality on the content of the Telework policy, since important nuances of certain positions to be covered may be lost.
- Disseminate in the workplace the Telework policy, and review it at least every quarter, or when important events occur inside or outside the workplace, to ensure that it remains in force.
- Provide data protection guidelines and links to all device security tools that Teleworkers may need.
- Elaborate a detailed list of the expenses that the work center will assume for unforeseen expenses for the workers under the Telework modality (for example, consumption of electric energy and costs for the consumption of signal for the use of Information Technology and Telecommunications).
- Inform workers under the Telework modality on how they can use, if any, sick leave and vacation days while teleworking.
Sample Telework Policy wording (non-limiting)
In this work center (Indicate The Social Reason) for the Telework the following commitments are assumed:
A) The work center recognizes that workers under the modality of telework, are exposed to risks by reason of their work, so it undertakes to report periodically on such risks in order that there is a culture of risk prevention or accidents due to exposure to physical, chemical, biological or mechanical agents, or psychosocial and ergonomic risk factors, as well as other risks that could cause adverse effects on the life, physical integrity or health of workers.
B) In order to avoid isolation, workers under the teleworking modality must attend face-to-face or virtual meetings organized by the workplace, which will be convened with sufficient notice. Also, in order to facilitate communication between workers, the work center will prepare and disseminate an updated directory of people working under the face-to-face and teleworking modality.
C) The workers under the teleworking modality must use the communication and messaging tools (software), provided by the work center, which will be the official mechanisms of communication between the work center and the teleworkers.
D) The workplace will respect the privacy of the workers under the telework modality, and will not be able to use invasive mechanisms to verify the availability or connection of the workers. The cameras, microphones or location mechanisms, will only be of mandatory use for meetings, videoconferences, training and obligations related to health and safety in the workplace.
Workers under the modality of teleworking shall have the right to disconnection of communication tools, messaging or other contact mechanisms during breaks for food, breastfeeding, end of the working day, in non-working hours, vacations, leaves and licenses. The work center may not communicate with workers under the modality of Teleworking during such breaks, except in cases of force majeure duly justified.
E) Workers under teleworking mode must comply with the entire working day established in the contract, so that the work center may maintain contact and command at any time, except for breaks for food or breastfeeding, the end of the working day, in non-working hours, vacations, leaves and licenses.
The work center may establish continuous or discontinuous schedules for people in the modality of teleworking. In the case of continuous schedules, teleworkers must be available for any communication during the course of the working day, except for breaks for food or breastfeeding. In the case of discontinuous schedules, the work center will previously agree with each teleworker the distribution of schedules in the working day.
F) The workers under the modality of Telework of the work center will enjoy the same treatment as the personnel in the face-to- face modality, so that all the benefits and benefits granted to these will also be conferred to the persons who telework.
G) The workers under the Telework modality may request staggered schedules that allow them to better distribute the responsibilities of the home, as well as to improve the work - private life balance. The establishment of such schedules will be by mutual agreement with the work center.
H) The mothers in teleworking mode and in period of breastfeeding, will have the right for six months to two extraordinary rests per day, of half an hour each one, or to reduce one hour their working day to feed their children. The distribution of the rests or the reduction of the working day will be agreed according to the requirements of the teleworker.
I) The work center is committed to deliver a chair of ergonomic type for each person teleworker, in case of being necessary and previous medical opinion, the necessary tools and furniture that guarantee ergonomic and postural conditions of the person teleworker will also be granted.
J) The change or addition of a new workplace for people working in the teleworking modality must be requested by the teleworker at least fifteen days in advance, in order to carry out the necessary processes to validate that such place meets the health and safety conditions necessary for the optimal performance of teleworking.
K) The work center agrees to provide the computer equipment and/or technological devices necessary for the development of teleworking, as well as to provide the necessary assistance and training for the installation and proper use of these.
The workers under the Telework modality are obliged to take the utmost care in the storage and conservation of the equipment, materials, tools or ergonomic furniture that they receive from the work center, and must sign the letter of responsibility that is given to them for each of these objects.
The work center agrees to make a monthly payment to each teleworker for costs derived from teleworking, such payment will include the internet service and the proportional part of the electric energy. For the calculation of such payment, the cost of the internet service and/or the increase of speed or improvement of the service required for the correct performance of the telework, as well as the monthly consumption of electric energy of the computer equipment and/or electronic devices and, in its case, the differential cost in periods of winter and summer will be computed.
L) The change in the face-to-face modality to telework or vice versa must be made by mutual agreement between the workers under the modality of Telework and the work center. Such request must be made at least 20 days in advance, in order to validate its feasibility depending on the functions performed by the teleworker and after analysis of the health and safety conditions of the proposed workplace. In any case, in order to facilitate the right of reversibility to the face-to-face mode, the workplace and the workers under the modality of Teleworking will make its best effort to ensure the full exercise of that right.
The workers under the Telework modality will have the right to request the immediate change of the workplace, and even the change to the face-to-face modality, when there are cases of domestic violence. The workplace is committed to establish a dedicated mechanism to address the cases and give an expeditious treatment, discreet, with a gender perspective and not revictimize the workers who put under consideration a request of this nature.
Appendix 2. Selection of candidates for Teleworking (informative)
This Appendix is for information purposes only and is not mandatory.
This Appendix provides guidance for the employer to determine if the workers in their workplace are candidates to work as Teleworkers.
General.
Teleworking can be applied whenever possible, as it represents a good preventive measure, especially for high-risk workers (workers with chronic diseases, older workers).
NOTE: The above does not apply to the hiring of new employees to work as Teleworkers. Indispensable requirements to be able to be working person in the modality of Telework is that it is fulfilled with the following:
- That workers who are willing to work more than 40 percent of their weekly workday from an off-site location are eligible for selection by the employer;
- That Teleworking is carried out exclusively with the use of Information and Communication Technologies, and
- It will not be considered Telework that which is performed on an occasional or sporadic basis, i.e. with less than 40 percent of the working day contained in the contract of the worker in the form of Telework.
The aspiring workers to incursion as workers under the modality of Teleworking must select a "place of work" in an area where there are guarantees of connectivity to develop work with Information and Communication Technologies. The above, regardless of having elementary or advanced knowledge in the handling of ICT (depending on the needs of the workplace).
Once the employer has potential applicants, it must be sure that in terms of safety and health at work, comply with the workplaces selected by the applicant (and that the employer agrees) to perform Telework. For the above, the employer must develop and provide to the applicants (and subsequently to those who are already workers under the modality of Telework) a checklist to check the safety and health conditions at work in the workplace.
The information that is recorded in the checklist of the conditions of safety and health at work that the employer provides to each worker aspiring to be a worker in the form of Telework, will serve as evidence for evaluate and determine whether to validate or reject the applicant. For the above, the health and safety committee of the work center will support the employer in the evaluation of the health and safety conditions at work.
There is the option (to verify that the conditions of safety and health at work are adequate to carry out Telework) through a visit to the workplace, -only if the applicant to appear as a person working in the Telework modality agrees- and, where appropriate, the applicant provides the facilities for the verification in a physical and face-to-face manner by the employer or by whom it determines. It is advisable to consider that the health and safety commission of the work center can support the employer, to:- To select the jobs of the workers that could have priority to be candidates to appear as workers under the modality of Telework;
- To request the opinion of the union, in case that in the work center exists this representation, with respect to the selection made of the pre-candidate workers to carry out the Telework.
- Detect the family needs of applicants (e.g., workers with children or care for elderly or other high-risk family members) who could also be considered candidates for Telework.
- Develop the checklist questions for the occupational safety and health conditions checklist, and
- Review, analyze the information of the checklists of the safety and health conditions at work provided by the applicants to perform Telework, and rule whether the conditions for the workplaces are met.
Telework as an emerging work organization option, even in non-pandemic environments has benefits for workers including a reduction in travel time, greater work time autonomy leading to greater flexibility in terms of work time organization, better overall work/life balance and increased productivity.
Teleworkers can benefit from improved work-family balance, which can lead to higher motivation and lower turnover, as well as higher productivity and profits for both the teleworker and the employer, and a reduction in the need for office space and associated costs.
To be effective, Telework must be based on dialogue and cooperation between the employer and the workers. It is essential to provide Teleworkers with the appropriate equipment and systems (software and hardware), technical support and training, for best results.
No less important is the need to ensure a safe working environment, including providing appropriate measures for people with disabilities and to prevent cyberbullying and avoid work-family interference.
The potential challenges posed by Telework (isolation, lack of in-person interaction with co-workers, managers and the public) must be adequately considered.
Appendix 3 (informative)
Checklist of safety and health conditions in the workplace. This Appendix Checklist of safety and health conditions in the workplace. This Appendix is for information purposes only and is not mandatory. Checklist of safety and health conditions in the workplace. This Appendix
This Appendix presents examples of the questions that the employer can include in the checklist of the safety and health conditions provided to the workers under the Telework modality, either at the stage of selection of applicants, or some time after the worker under the Telework modality is already in this modality (periodic verification stage).
The employer may add, delete or modify the questions of this Appendix that it deems appropriate, or appropriate, that serve to assess whether the workplaces proposed by workers before entering the Telework modality comply with the conditions of safety and health, as well as can also do the same with the questions that will answer the workers under the modality of Telework that are already in this modality, to verify, after some time, that the conditions of safety and health to perform the Telework are maintained.
Instructions for use:
- For each of the concepts of this checklist of safety and health conditions (in both sections) you will find questions that will serve to know if the selected workplace has or not with the conditions of safety and health at work for the development of Teleworking tasks.
- Of each question, the worker in the modality of Telework (including the applicant) will make an annotation, with an "X", in the box (box or cell) that corresponds to the row where the question is formulated.
-
The worker in the Telework modality can only opt for an annotation ("X") in the cell ("YES", "NO" or "NOT APPLICABLE)".
In the event that the response infers an unfavorable condition to perform Telework activities (conditions that may cause some kind of affectation to their health or physical injury) must document the type of risk identified and, where appropriate, the employer may agree a plan of action to eliminate it. The minimum that this notification must have is documentary evidence (if possible photographic evidence) of the evaluation performed.
If necessary, the worker in the Telework modality may consult, if applicable, the manual, guide or instructions prepared, established or implemented by the employer, with the support of the commission of safety and hygiene of the workplace, both to answer questions, as to perform actions that allow you to have favorable conditions to perform Telework.
- Once the checklist of safety and health conditions in the workplace has been completed, the worker under the Telework modality (or the applicant to be hired in this modality) will deliver the checklist of safety and health conditions in the workplace to the employer (see definition of workplace).
Workplace safety and health conditions checklist
| Section 1 |
|---|
| Questions for the (the) applicant to be considered (a) as a worker in the modality of Telework (can be a worker who already works in the workplace in person, or a worker who intends to hire in the mode of Telework) |
| Please answer the following as honestly and objectively as possible. |
| Name: |
| Activity currently carried out at the work center: |
| Age: |
| Days of the week | M | T | W | T | F | S | S |
|---|---|---|---|---|---|---|---|
| Check the days of the week that you currently work on-site at the workplace. |
| Elementary concepts to select workers under the Telework modality. | Yes | No | Not Applicable |
|---|---|---|---|
| Would you work in the Telework modality on a voluntary basis? | |||
| Would you join the Telework modality by imposition of the employer? | |||
| Have you thought of any place that you could select as a place of work for Teleworking? | |||
| Is the place you might have in mind as a place of work for Teleworking private? | |||
| In the workplace that you would occupy to perform the Telework, are there minors, or older adults, or people with disabilities that require your attention? | |||
| Do you only use ICTs [Information and Communication Technologies, such as computers or tablets] for your work? | |||
| Is the percentage of time of your working day contained in your employment contract that you would like to work in the Telework modality greater than 40%? | |||
| In the event that you join the list of workers under the Telework modality, would you be available to attend the work center on the days considered in the Telework modality? | |||
| Do you consider that you could find yourself working in the Telework modality with minimum supervision of your work and time of the working day? | |||
| In order to incur in the Telework modality, does it necessarily require the employer to provide the furniture established by the Law? | |||
| In order to incur in the Telework modality, does it necessarily require the employer to provide the equipment (software) established by the Law? | |||
| In order to incur in the Telework modality, does it necessarily require the employer to provide the equipment (hardware) established by the Law? | |||
| Organization for work | |||
| In order to incur in the Telework modality, does it necessarily require the employer to provide the equipment (hardware) established by the Law? | |||
| For physical agents in the workplace | |||
| Physical space (general) | |||
| Does the workplace selected for Teleworking have a physical space of at least 2 square meters to be used as a work plan, and a height of at least 2.5 meters? | |||
| Does the workplace selected for Teleworking have a physical space with a height of at least 2.5 meters? | |||
| Lighting | |||
| Does the workplace that you would use for Teleworking have natural lighting (sunlight) or artificial lighting (lamps, luminaires or spotlights) for the working day? | |||
| Do you consider that the natural light in the workplace , with which you would Telework, could be disturbing to your vision? | |||
| Could the position of the lamps, spotlights or luminaires in the workplace where you would be teleworking produce annoying reflections for your vision? | |||
| Does the workplace you would use for Teleworking have LED lamps? | |||
| In the workplace , where you would place the ICT equipment, would glare from light coming in through the window or other source of illumination be avoided? | |||
| Ventilation | |||
| Does the workplace where the Teleworking would be performed have windows near the work plane (desk or work table)? | |||
| If there are windows in the workplace where the Teleworking would be performed, are they normally closed? | |||
| Does the workplace where you would Telework have air conditioning? | |||
| Temperature | |||
| Does the temperature of the workplace you would use for Teleworking seem too cold to require the use of warm clothing? | |||
| Do you consider that the temperature of the workplace you would use for Teleworking is high enough to require additional ventilation with a fan or air conditioning? | |||
| Is the height of the workplace you would use for Teleworking more than two and a half meters? | |||
| Noise | |||
| At the work place you would occupy for Teleworking, is there any noise from the street, yard or other nearby place that prevents you from concentrating on Teleworking? | |||
| In the workplace you would use for Teleworking is there a perceived high volume of sound devices such as television, radio, or music such that you could not concentrate on your tasks? | |||
| For Mechanical Agents | |||
| Is the work area that you would use as a workplace separated from other areas by physical elements such as walls, doors, windows, gates or similar elements? | |||
| Are the floors of the workplace you would use for Teleworking clear and free of items (chairs, benches, boxes or other items) that could cause you to trip or fall? | |||
| Would you have a first aid kit near the place of work where you would perform the Telework? | |||
| Does the workplace you would use for Teleworking have furniture with sharp corners or edges or protrusions that could cause you to bump, scrape or cut your hands or feet? | |||
| Do you have a telephone directory of emergency numbers near the workplace? | |||
| Do you have electrical facilities (electrical contacts) in the workplace that you would use to connect ICT equipment? | |||
| Would you use multi-contacts t o connect the ICT equipment in the workplace you would use for Teleworking? | |||
| In the workplace that you would use for Teleworking, do the electrical installations have exposed wires, i.e. are the wires located for example outside the electrical contact box? | |||
| In the workplace you would occupy for Teleworking, would the ICT equipment be connected to an electrical contact at a distance greater than one meter? | |||
| In the workplace you would use for Teleworking, do you know if the electrical contact you would use to power the ICT equipment is physically grounded? | |||
| Do you have a fire extinguisher available near your workplace that you would use for Teleworking? | |||
| For Chemical Agents | |||
| In the physical space that you would designate as your workplace, are there any chemical smells (solvents, paints, cigarette smoke or sawdust) that you find unpleasant? | |||
| Do you or anyone else smoke inside the workplace that you would use for Teleworking? | |||
| In the workplace that you would occupy to perform the Telework, are the smells of cooking food such as roasted meat, roasted chili, among others, concentrated? | |||
| For Ergonomic Risk Factors | |||
| Do you have any chair or seat available in the workplace that you would use for Teleworking to perform these activities? | |||
| The height of the table, desk or work surface that you would occupy for Teleworking is between 72 cm and 76 cm. | |||
| For Psychosocial Risk Factors | |||
| Would you be willing to Telework for your employer? | |||
| If you were to telework, would you have any inconvenience to carry it out without the family being an obstacle? | |||
| If you were to telework, do you think that you would feel removed and demoted from your workplace? | |||
| Do you consider that, if you incur in the Telework modality, this could interfere with the time for the attention of the work activities and the time for the family? | |||
|
Section II Questions for the worker in the modality of Telework that endorses its conditions of safety and health at work. |
|---|
| For physical agents |
| Lighting |
| Does the work place you determined for Teleworking have natural lighting (sunlight)? | |||
| Does the workplace you use for Teleworking have incandescent lamps (filament bulbs)? | |||
| Does the place of work that you have assigned for Teleworking have fluorescent lamps (luminaires)? | |||
| Do you consider that the light with which you telework at your workplace is disturbing to your vision? | |||
| Does the position of the lamps, spotlights or luminaires in the workplace where y o u telework produce annoying reflections for your vision? | |||
| Does the workplace you use for Teleworking have LED lamps? | |||
| In the workplace, where you place the ICT equipment, do you avoid glare from light coming through the window or other source of illumination? | |||
| Ventilation | |||
| Does the workplace where you are teleworking have windows nearby? | |||
| If the Teleworking workplace has windows, are they normally closed? | |||
| Does the workplace where you telework have air conditioning? | |||
| Temperature | |||
| Does the temperature of the workplace you use for Teleworking seem too cold to require the use of warm clothing? | |||
| Do you consider that the temperature of the workplace you use for Teleworking is high enough to require additional ventilation with a fan or air conditioning? | |||
| Is the height of the workplace you use for Teleworking more than two and a half meters? | |||
| Noise | |||
| At your Teleworking worksite, is there any noise from the street, yard or other nearby place that prevents you from concentrating on Teleworking? | |||
| Is the Telework space away from noise or other distractions that could interfere with Telework activities? | |||
| In the place of work that you chose to perform the Telework is perceived a high volume of sound devices such as television, radio, or music from that place or from nearby premises or places, in such a way that do not allow you to concentrate on your tasks? | |||
| For Mechanical Agents | |||
| Is the area you have designated as a work place separated from other areas by physical elements such as walls, doors, windows, gates or similar elements? | |||
| Does the surface of your work surface (table, desk, bar or other similar element) allow you to perform your Telework activities in a manner similar to that performed at the workplace? | |||
| In case your Telework tasks require the transcription of printed documents to the ICT equipment, do you have a document support to facilitate these tasks at the workplace? | |||
| In the workplace are the most frequently used items such as telephone, documents or desk accessories (stapler, pencil box or paper clips among others) within reach of the Telework activities you perform? | |||
| Are the aisles and doors of your workplace permanently clear of objects that interfere with your free movement? | |||
| Is the workspace generally kept free of trash, clutter and flammable liquids? | |||
| Are the floors of the work place you determined for Teleworking clear and free of elements (chairs, benches, boxes or other items) that could cause you to trip or fall? | |||
| In your case, are the cables that feed the ICT equipment located in the access road as corridors to the workplace, which may become obstructions to free access in or out? | |||
| Is there any furniture with sharp or protruding corners or edges in your Teleworking workplace that could cause you to bump, scrape or cut your hands or feet? | |||
| Do you have a telephone directory of emergency numbers near your place of work? | |||
| Does your workplace have electrical installations (electrical contacts) to connect ICT equipment? | |||
| In your Telework workplace do you use multi-contacts to connect ICT equipment? | |||
| Do the electrical installations of your workplace for Teleworking have exposed wires, i.e. are the wires located outside the electrical contact box, for example? | |||
| Is the equipment used for Teleworking connected to an electrical contact at a distance greater than one meter? | |||
| Do you know if the electrical contact you use to power the ICT equipment in your workplace for Teleworking is grounded? | |||
| Are the electrical contacts in your workplace damaged, in poor condition to the naked eye, such as dirty, broken, loose, or without a cover? | |||
| In the workplace where you perform Telework, do you require the use of cables known as extension cords to power the ICT equipment? | |||
| When the equipment you use for Teleworking is not in use, do you keep it turned off or in standby mode (suspend)? | |||
| Do you have a surge arrester at the workplace to protect the ICT equipment with which you are teleworking? | |||
| In the physical space that you have as a workplace for Teleworking, do you perceive smells of chemical substances (solvents, paints, cigarette smoke or sawdust) that you find unpleasant? | |||
| Do you or anyone else smoke inside the workplace you have designated as a Telework workplace? | |||
| Is the workplace located in a smoke-free environment? | |||
| For ergonomic risk factors | |||
| The height of the table, desk or workplace surface used for Teleworking is between 72 cm and 76 cm. | |||
| Does the chair you use at your workplace have five casters? | |||
| Is it possible to adjust the seat height of your chair with respect to the floor? | |||
| If it is possible to adjust the height of the seat of your chair with respect to the floor, does doing so allow the soles of your feet to rest completely on the floor? | |||
| Is your back fully supported by the back of the chair? | |||
| Is it possible to adjust the backrest of your chair to fully support the back? | |||
| Is the back of the chair able to support the lumbar curve of the back (lumbar curve or low back)? | |||
| Does the chair at the Teleworking workplace have armrests? | |||
| If the chair at the Teleworking workplace has armrests, are they adjustable? | |||
| When seated, does the chair, in your workplace , require a footrest to support the soles of your feet? | |||
| Do you consider that you require lumbar support in the workplace chair, i.e. do you require some element of support such as a back cushion? | |||
| When working with ICT equipment, do you have prolonged postures in the same position, for example, do you remain seated in the same place, without movement, for more than 60 minutes continuously? | |||
| Is the workplace adapted to the physical space, equipment and material related to Teleworking? | |||
| Does the brightness emitted by ICT equipment strain your eyesight when performing Teleworking tasks? | |||
| When teleworking at the workplace, is the distance between the ICT equipment monitor and your face (when you have a desktop computer) between 30 and 50 cm? | |||
| According to the tasks to be performed in the workplace, do you have a mouse or mouse indicator on the ICT equipment? | |||
| In the workplace, is the distance between the keyboard and your elbows insufficient, s o that you feel uncomfortable when typing? | |||
| Is the workplace large enough for you to perform Teleworking movements without being able to have a forced posture that causes muscle strain or injury? | |||
| Do you have enough space under the workbench to prevent legs from bumping? | |||
| Is there space in your workplace to rest your arms when you are not typing? | |||
| For psychosocial risk factors | |||
| When teleworking, do you have any inconvenience to develop it without affecting or interfering with family activities? | |||
| Do you know anything about rest cycles according to your Telework activity? | |||
| Do you consider that Teleworking generates anxiety, irritability, depressive states, or mental fatigue? | |||
| Mention to the employer, at the end of this workplace safety conditions checklist, any special needs you require to ensure your health when performing Telework, so that they can be remedied (e.g., if there is any pre-existing injury, illness or disease that could be accelerated, exacerbated, aggravated, reoccur or deteriorate in the performance of the requirements inherent in Telework). | |||
| Communicate to the employer any safety incident that occurs in the workplace, through the procedure or mechanism, if any, that the employer has established. | |||
| If you agree, attach to this checklist of workplace safety and health conditions photographs of the workplace that will allow the employer to know the layout of your workplace (e.g., work table or desk used in Teleworking, contacts, fire extinguisher, aisles, chair, ICT equipment). | |||
Reference Appendix 4 Recommendations for activities prior to Teleworking
This Appendix is for information purposes only and is not binding.
This Appendix presents examples of activities that teleworkers can perform before, during and after their working day.
Ø Before starting the workday, perform a few minutes of exercise, stretching or relaxation;
Ø Dress appropriately, as if you were going to the workplace;
Ø Take breaks during your workday to rest your joints and vision;
Ø To take care of the physical posture when Teleworking;
Ø Establish objectives and priorities for the workday, in order to improve its results, and
Ø Maintaining healthy eating (nutrition) and sleeping habits.
Recommended complementary exercises
From the hands (with repetitions, at least three times)
- Shake and stretch fingers
- Squeeze the fingers with the clenched hand (make a fist).
- Stretch hands
Head and neck
- Move the head to both sides (lateral) with a slow cadence (avoid sudden movements) with the help of each hand.
- Moving the head back and forth
- Move the head in a circular motion clockwise and counterclockwise.
From the torso (among others)
Sitting with your back straight, stretch both hands (with your hands joined) towards the front, upwards and towards each of the castes.
Stretch one arm at a time extended upward to the side of the head (do at least five repetitions) Turn the trunk slowly to one side and the other, accompanying it with movement of the head.
Place the opposite arm on the knee and legs crossed. Stretch your back by separating it from the chair and holding your waist with your hands on both sides.
Extend both arms to the side of the head holding the hands together. With arms interlocked behind the head, rotate the trunk to one side. Repeat the action for the opposite side. With the back upright, join hands (hands up). Then repeat the exercise with hands facing down.
Shake hands while keeping arms straight at the side of the body.
Stretch the left leg and make small circles with the ankle. Repeat the same with the right leg. Make circular massages on the palm of the hand with the opposite thumb.
Appendix 5
Recommendations for selecting an ergonomic chair.
General
An office chair should provide the body with stable support, allowing the worker to adopt a comfortable posture for a given period of time, so that the task or activity can be performed properly. To this end:
- It is essential that the chair allows for proper posture and posture changes.
- It should provide sufficient support for the spine and especially for the lumbar area.
- The seat should allow adequate blood flow to circulate through the lower extremities. It should not generate compression at any point that impedes this circulation.
- The seating surface must have a sufficient level of friction to prevent sliding on it.
- For greater comfort, parts in contact with body areas such as the buttocks or back should be made of a breathable surface.
- A seat for Teleworking is recommended to be height adjustable, so that the feet and spine are comfortable.
- It is also recommended that the depth of the seat be adjustable so that there is a space between the back of the knee and the edge of the front surface of the seat, so that the blood circulation in that area can run smoothly.
- The design of the seat length is recommended to be within the distances for the 5th percentile. It is the minimum for all people to sit and generates little pressure on the popliteal fossa.
- Among the desirable, there are also work tables that allow mechanical or electrical adjustments for height adjustment with respect to the floor and work in a sitting or standing position.
- No less important in a chair, is that it fulfills the function of ergonomic protection, which means that the backrest can be tilted at will to rest the back, if so considered.
- Each back is different, so it is advisable to use cushions as an accessory to make the necessary adjustment between the back and the lumbar region, because when the spine does not conform to the design of the backrest of the chair there is an unstable support and the back does not adjust to a natural position.
Selecting an ergonomic chair
Therefore, a recommended ergonomic chair is the one that satisfies the following:
a) It must have a height-adjustable seat (height-adjustable seat base);
b) It must have a depth-adjustable seat;
c) It must have a reclining backrest and no rocking position.
d) The design should be adaptable to body shapes.
e) That the materials used for coupling with the body favor transpiration.
f) That the materials of manufacture of the seat and backrest do not have memory, that is to say that they do not remain in the deformed position at the time of use and that they return to their original position when not in use.
g) The front edge of the seat should be slightly inclined to avoid pressure on the legs, so as to promote blood circulation in the back of the thigh, and
h) That the chair has wheels for its displacement.
The following recommendations and criteria - perfectly consistent with the ROSA method (developed in Canada by Michael Sonne, Dino L. Villalta and David M. Andrews)(1) - are based on the posture adopted by the worker when using and interacting with some of the most frequent elements in an office workplace.
To determine the value assigned to a position, the contribution of 5 job elements is considered:
Chair, broken down into the characteristics of the seat (considering the height and depth), and the set formed by the back support and armrests.
Phone.
Screen.
Mouse.
Keyboard.
The posture of the worker is evaluated in relation to the deviation, with respect to the neutral or ideal posture, resulting from the interaction with the equipment and elements that make up the workstation with screens.
The reference posture (neutral posture) corresponds to the first column of the tables and is always assigned a score of "1", which is the minimum value. The rest of the postures are presented with increasing values according to the deviation from the reference posture. On the other hand, under the "Additional Criteria" section, situations are included whose score, if they occur or are present, should be added to the score determined in the "Deviation from the reference posture" section.
The factors taken into account are grouped into different categories as shown in the following figure, whose reference positions are as follows:
- Chair. The work chair is subdivided into the following 4 subsections:
- Seat height. It should be adjustable so that the feet rest on the floor and the knees are bent at 90°.
- Seat depth. The seat depth should be adjustable so that there is 8 cm between the outer edge of the chair and the popliteal fossa.
- Armrests. They should be adjustable so that the elbows are bent at 90° and the shoulders are relaxed (not shrugged).
- Backrest. It should be adjustable and provide lumbar support so that the back inclination is between 95° and 110°.
- Peripherals. This category includes the rest of the equipment that is part of the work environment.
- Telephone. It should be located 30 cm from the worker and either be used with one hand or use a hands-free device. b. Screen. It should be located between 40 and 75 cm (approximately the distance of the extended arm).
- Mouse. Located at a distance similar to that of the keyboard and without any pressure due to grip, deviations or wrist extensions.
- Keyboard. Positioned so that the elbows are bent at approximately 90°, shoulders relaxed and wrists in a straight position with no elevation of shoulders or arms. There should be no extreme wrist deviations or hard surfaces that cause pressure on the carpal tunnel area. Finally, daily wear time is a cross-cutting factor that is considered as an additional score in each of the above factors, using identical criteria in all of them.
To obtain the final score, it is first necessary to determine the partial scores of the factors evaluated, using 5 tables (A, B, C, D, and E), the use of which is detailed below.
TABLE A: WORK CHAIR
The score in Table A for the work chair is the sum of the score for seat height (Table A-1) plus the score for seat depth (Table A-2). < then, the sum of the score corresponding to the armrest and backrest must be obtained using Tables A-3 and A-4. With these two values, the initial score of the work chair is obtained by entering both data in Table A and reading the corresponding value.
The ergonomic justification for the scores in the above tables is based on the fact that, on the one hand, a seat that is too high could cause compression of the blood vessels, a tendency to sit on the edge of the chair and increased activity of the lower back muscles, as well as decrease the support of the feet on the floor. On the other hand, a seat that is too low may cause excessive pressure under the buttocks, as well as spinal and pelvic rotation affecting the curvature of the lumbar spine.
Regarding seat depth, the recommended distance between the edge of the chair and the leg is 5 to 9 cm (Table A-2 shows an average value of 8 cm). A shorter distance may cause pressure on the back of the thighs and compression of blood vessels and nerves, while a longer distance may decrease back support and lead to curvature of the spine.
Armrests contribute to user comfort and help reduce the static load on the shoulders and arms. Although the authors of the method consider the existence of armrests as a reference posture in table A-3, it does not require their use. Therefore, when the chair does not have armrests, it could be considered equivalent, according to the criteria of table A-3, by considering "unsupported elbows" and, therefore, assigning it an initial score equal to 2.
In relation to the backrest of the chair, the lumbar support helps to maintain the natural lordotic curve. The absence of this support could favor an increase in the tension of the ligaments, tendons and muscles of the back.
| ARMREST + BACKREST (A3+A4) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | ||
| SEAT: HEIGHT + DEPTH (A1 + A2) | 2 | 2 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| 3 | 2 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | |
| 4 | 3 | 3 | 3 | 4 | 5 | 6 | 7 | 8 | |
| 5 | 4 | 4 | 4 | 4 | 5 | 6 | 7 | 8 | |
| 6 | 5 | 5 | 5 | 5 | 6 | 7 | 8 | 9 | |
| 7 | 6 | 6 | 6 | 7 | 7 | 8 | 8 | 9 | |
| 8 | 7 | 7 | 7 | 8 | 8 | 9 | 9 | 9 |
Finally, the time of daily use must be taken into account according to the criteria in table F. These criteria are the same for the rest of the factors, but in these cases, the time factor is considered in the previous tables (B-1, B-2, C-1 and C-2) as if it were an "Additional Criterion".
| Time of daily use | Score |
|---|---|
| Continuous use for more than one hour, or for more than 4 hours a day. | +1 |
| Continuous use for less than 30 minutes, or less t h a n one hour of daily work. | −1 |
TABLES B: TELEPHONE AND DISPLAY
The display and the phone are scored through table B. The score for the telephone is obtained through table B-1, while the score for the display is given through table B-2. For each of these devices, the time of use of the device must be taken into account according to the criteria in table F, as indicated in the additional criteria in tables B-1 and B-2.
To obtain the joint score for telephone and display, the value related to the telephone (table B-1) is the amount to be considered in the first column of table B, while the score corresponding to the display (table B-2) is used in the first row of table B.
The justification for the scores assigned by the above tables, from an ergonomic point of view, is that the use of hands-free devices (such as headphones, speaker phone or other similar devices) makes it easier for the neck to remain in a neutral posture and to avoid static contraction of its muscles. In relation to the screen, situations in which its upper edge is located both above and below the horizontal line of sight are usually associated w i t h increased neck muscle activity, due to the extension and flexion that these imply, respectively.
| Display (B-2) | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 0 | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | ||
| TELEPHONE (B1) | 0 | 1 | 1 | 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 1 | 1 | 1 | 2 | 2 | 3 | 4 | 5 | 6 | 6 | |
| 2 | 1 | 2 | 2 | 3 | 3 | 4 | 6 | 7 | 7 | |
| 3 | 2 | 2 | 3 | 3 | 4 | 5 | 6 | 8 | 8 | |
| 4 | 3 | 3 | 4 | 4 | 5 | 6 | 7 | 8 | 9 | |
| 5 | 4 | 4 | 5 | 5 | 6 | 7 | 8 | 9 | 9 | |
| 6 | 5 | 5 | 6 | 7 | 8 | 8 | 9 | 9 | 9 |
TABLES C: MOUSE AND KEYBOARD
The score for the mouse and keyboard set is obtained through table C. Analogous to the previous cases, first the mouse value is determined through table C-1 and then the keyboard score through table C-2. These values constitute, respectively, the first column and the first row of table C.
From an ergonomic point of view, the mouse should be located in the same horizontal plane as the keyboard and aligned with the shoulder to avoid shoulder strain and arm elevation. Similarly, pressure or stress points in the mouse grip should also be avoided. It is worth mentioning that, although the situation of reaching overhead does not involve the use of the keyboard, it is included in this table because it is a risk factor that mainly affects the upper extremities.
| Keyboard (C2) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| 0 | 1 | 2 | 3 | 4 | 5 | 6 | 7 | ||
| Mouse (C1) | 0 | 1 | 1 | 1 | 2 | 3 | 4 | 5 | 6 |
| 1 | 1 | 1 | 2 | 3 | 4 | 5 | 6 | 7 | |
| 2 | 1 | 2 | 2 | 3 | 4 | 5 | 6 | 7 | |
| 3 | 2 | 3 | 3 | 3 | 5 | 6 | 7 | 8 | |
| 4 | 3 | 4 | 4 | 5 | 5 | 6 | 7 | 8 | |
| 5 | 4 | 5 | 5 | 6 | 6 | 7 | 8 | 9 | |
| 6 | 5 | 6 | 6 | 7 | 7 | 8 | 8 | 9 | |
| 7 | 6 | 7 | 7 | 8 | 8 | 9 | 9 | 9 |
TABLE D: DISPLAY AND PERIPHERALS
The score obtained in Table B, together with the score in Table C, constitute the input data for Table D to obtain the total score for the display and peripherals.
| Keyboard (C2) | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | ||
| Mouse (C1) | 1 | |||||||||
| 2 | ||||||||||
| 3 | ||||||||||
| 4 | ||||||||||
| 5 | ||||||||||
| 6 | ||||||||||
| 7 | ||||||||||
| 8 | ||||||||||
| 9 |
TABLE E: FINAL SCORE
The final score of the ROSA method is obtained through table E starting from the final score of the chair (table A with the additional adjustment of the daily use time) and the final score of the peripherals (table D).
| Table D (Display and peripherials) | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | ||
| Table A (chair) with time factor | 1 | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| 2 | 2 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 3 | 3 | 3 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 4 | 4 | 4 | 4 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 5 | 5 | 5 | 5 | 5 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 6 | 6 | 6 | 6 | 6 | 6 | 6 | 7 | 8 | 9 | 10 | |
| 7 | 7 | 7 | 7 | 7 | 7 | 7 | 7 | 8 | 9 | 10 | |
| 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 8 | 9 | 10 | |
| 9 | 9 | 9 | 9 | 9 | 9 | 9 | 9 | 9 | 9 | 10 | |
| 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 |
The shaded boxes in Table E correspond to the action level, related to the need to make changes in the position, which should be interpreted according to the criteria set out in the following section. On the other hand, it is worth noting the symmetrical nature of this table along one of its diagonals. This characteristic is reflected in the fact that when either the final score of the chair (table A plus the daily use factor) or the score of the screen and peripherals (table D) is equal to or greater than 5, then the final score will also be greater than 5. In other words, it is only possible to obtain final scores lower than 5 when the result of table A (plus the use factor) or the result of table D are also lower than 5:
Score = max /Table A (+time of use), Table D)
3. INTERPRETATION OF THE ACTION LEVEL According to the authors of the method, the final score obtained from table E presents a direct correlation with the level of "musculoskeletal discomfort" perceived by the workers.
This discomfort has been obtained using the Cornell University questionnaire (Hedge et al. 1999) and is similar to Kuorinka's (1987) Nordic questionnaire, in the sense that this questionnaire presents the user with a schematic drawing of the human body to identify and score discomfort in different body areas. Thus, the ROSA method establishes that final scores equal to or greater than 5 are associated with a significant increase in worker discomfort and could indicate an increased risk of injury. For all these reasons, the authors of the method establish the value equal to 5 or higher (shaded boxes in Table E) as the action level, which indicates the need to make immediate changes in the workplace. In no case does the method suggest that there is no risk at all when the score is less than 5, but rather that the risk is lower. This level of action can be useful in the planning of the corresponding preventive activity, so that ergonomic intervention (carrying out more detailed analyses and studies, implementing measures and making changes to the workstation, etc.) should be prioritized in those cases with a score of 5 or higher.
1 Model for office job evaluation: ROSA method (Rapid Office Strain Assessment) https://www.insst.es/documents/94886/566858/NTP+1173+Model+for+the+e+evaluation+of+office+jobs+in+the+office.+M%C3 %A9all+ROSA.pdf