The Chair Law has already entered into force, and with it, the right to rest at work. The reform to the Federal Labor Law (LFT) established new obligations for employers with the objective of preventing occupational risks associated with conducting activities that require prolonged standing.
According to the OCC Labor Thermometer survey, 45% of people that work standing up do not receive any type of support from their employers to mitigate the negative effects of this. Among those that work under these conditions, half report physical discomfort, such as back pain or leg fatigue.
With the Chair Law, employers acquire the obligation of providing chairs with backrests for the periodic rest of workers. This change is primarily aimed at work centers in the services, retail and analogous sectors.
In addition to this, companies must take the following into consideration:
- Designating a fixed space within the work center for the seats
- Prohibiting the performance of activities that involve standing during the entire workday
- Allowing periodic breaks
- Regulating the use of chairs and the time for breaks through their internal labor regulations
Starting on June 17, when the reform to the Federal Labor Law entered into force, a term of 180 days started for companies to adapt their internal regulations in order to regulate break times, the use of chairs and other measures relating to the new provision; this term ends on December 14.
Additionally, with the entry into force of the Chair Law, the Department of Labor and Social Welfare (STPS) has 30 calendar days for issuing the regulations on the risks associated with working in a vertical position for extended periods of time.
Specialists in labor law agree that while the right to rest is already enforceable, penalizations will not apply until all deadlines are met; that is, until the STPS guidelines are issued and companies’ internal policies are adjusted.
Recommendations
In this sense, the D&M Abogados Firm advises companies to “conduct a workplace position assessment to identify roles that require adaptation, procure suitable ergonomic furniture, and provide training to personnel on the new rights and obligations.”
Additionally, the Firm points out that updating internal labor regulations not only is a legal requirement, but also a good practice for preventing conflict and reinforcing a culture of compliance.
From the perspective of occupational health, the Ramazzini School of Mexico specifies that the timing for the breaks and for the changes in posture will depend on the type of activity; for example, whether the tasks require repetitive movements or are more static. “It is not possible to define general criteria for all of the areas of a work center.”
The organization specializing in occupational health and safety emphasizes the importance of regulating the periodicity of breaks based on an “analysis of the tasks and of the physical and ergonomic risks associated with the position.”
Additionally, it recommends that the joint health and safety committees and technical advisors conduct this evaluation and propose the time and the frequency of the breaks.
