Castellán

Due to the detection of Covid-19, Uruguayan authorities promptly urged the implementation of 'telework' in the private sector. Many organizations later returned to in-person work, but given the recent significant increase in positive cases, they decided to adopt this work modality again.

Currently, there is a Bill in Parliament (approved by the Senate) that aims to provide a specific regulatory framework for telework, understanding that this is necessary due to its particularities, some of which even clash with provisions of our general labor regime. However, as previously reported, there is still no specific regulation to date (https://www.castellan.com.uy/es/noticias/68/teletrabajo-adaptacion-de-lasempresas-a-la-modalidad-del-ldquo-home-office-rdquo.html).

Despite the lack of regulation, the General Labor and Social Security Inspection (IGTSS) recently released the Prevention Technical Sheet (PTS) with some recommendations that aim to serve as a tool for all activities in which 'remote work' is carried out, with the purpose of ensuring that they are carried out in a manner that is appropriate and healthy for the worker.

Considering it a very useful contribution in the current context, we highlight below some of the most relevant aspects contained in it:

Firstly, the PTS states that the teleworker must have the same level of protection against risks as any worker who attends the company in person. Therefore, it is recommended that the employer implement all prevention measures aimed at avoiding work accidents and illnesses that occur as a result of or during work, taking measures to improve safety and health levels.

In the same line, workers must comply with all obligations related to Occupational Health and Safety established by current labor regulations and internal company provisions. Among them, they must train and undergo the necessary medical exams according to the risks they are exposed to (generally ergonomic, fatigue, and stress).

On the other hand, the PTS refers to the minimum conditions that make up the work environment and that the facilities should meet. Among others, it is suggested, when possible, to reserve an exclusive space for the development of work tasks, and various recommendations are made regarding lighting, ventilation, noise levels, and thermal environment in that space.

Likewise, specific emphasis is placed on the ergonomic conditions of the work station, on the well-being and hygiene conditions, and on procedures to reduce the physical, mental, and psychological burden of the teleworker.

It is especially recommended to assess the adequacy of both the chair and the work table, avoiding excessive tilting of the head and trunk forward, always maintaining correct lumbar support (etc.); as well as considering the position of equipment (computers, peripherals, lighting lamps). This point highlights the impact of the design of the workstation on the adoption of poor postures, which are factors causing musculoskeletal disorders.

Finally, some suggestions are also made regarding the routines of teleworkers, and healthy habits in terms of clothing, hygiene, and nutrition are indicated, specifically reminding the worker's right to disconnect from digital devices and technologies, for the effective enjoyment of their breaks.

Final Considerations

Although the recommendations provided by the General Labor and Social Security Inspection in the Prevention Technical Sheet are not mandatory for companies and their workers, they concentrate on good practices and guidelines that organizations can incorporate when internally regulating telework, through a 'manual' or 'protocol' that synthesizes and professionally centralizes the aspects of the employment relationship that may be affected by the switch to this modality.

Below is the direct link to the IGTSS Prevention Technical Sheet:
https://www.gub.uy/ministerio-trabajo-seguridad-social/sites/ministerio-trabajo-seguridad-social/files/documentos/noticias/Ficha%20t%C3%A9cnica%20de%20prevenci%C3%B3n-trabajo%20a%20distancia.pdf

Montevideo, February 4, 2021