In 2013, the International Labor Organization (ILO) pointed out that some traditional risks had been reduced by technological advances and existing regulations. However, new occupational diseases were beginning to emerge and were on the rise and for which there were no regulations. Among the emerging risks were those of a psychosocial nature. In 2016, the ILO released information on Psychosocial Risk Factors (PRF) and stated that it was a global problem that affects all professions and all workers, both in countries developed and developing. Placing the workplace as an important source of Psychosocial Risks (PR) and at the same time, the best place to prevent them and act on them, in order to protect the health and well-being of workers.
NOM-035 arises from different national and international agreements and regulations that Mexico has ratified in matters of labor justice, competitiveness and trade. These projects seek to take advantage of the potential of the country in the geographical, commercial and economic context to position it in the best possible way in the face of the imminent challenges of globalization and automation of production processes.
That is why on October 26th, 2016, the project that gave rise to the standard was published in the Official Gazette of the Federation (DOF), to be submitted for public consultation (PROY-NOM-035-STPS-2016) and October 23rd, 2018, NOM-035-STPS-2018, Psychosocial risk factors at work-Identification, analysis and prevention, is officially published.
Who does it apply to?
According to the field of application, the Standard applies throughout the national territory and applies to all work centers.
However, the provisions of this Standard apply according to the number of workers who work in the workplace, there are three categories:
• Work centers where up to 15 workers work;
• Work centers where between 16 and 50 workers work, and
• Work centers where more than 50 workers work.
Therefore, in the first place, the work center must determine in which category it is located, in order to comply with the provisions that correspond to it according to its size.
When do I go into effect?
1st. Stage The policy: Prevention measures; the identification of workers exposed to severe traumatic events and the dissemination of information, entered into force on October 23rd, 2019.
2nd. Stage: Identification and analysis of psychosocial risk factors; the evaluation of the organizational environment; control measures and actions; the practice of medical examinations, and the records entered into force on October 23rd, 2020.
What are the obligations of employers?
The work centers, according to their size, have the following obligations:
a) Work centers where up to 15 workers work.
• Establish, implement, maintain and disseminate a psychosocial risk prevention policy in the workplace that includes: the prevention of psychosocial risk factors; the prevention of workplace violence and the promotion of a favorable organizational environment.
• Adopt measures to prevent psychosocial risk factors, promote a favorable organizational environment, as well as to address practices contrary to the favorable organizational environment and acts of workplace violence.
• Identify workers who were subjected to severe traumatic events during or due to work and channel them for their attention.
• Disseminate and provide information to workers.
b) Work centers where between 16 and 50 workers work:
• Establish, implement, maintain and disseminate in the workplace a policy of prevention of psychosocial risks that includes: the prevention of factors psychosocial risk; the prevention of workplace violence, and the promotion of a favorable organizational environment.
• Identify and analyze psychosocial risk factors.
• Adopt measures to prevent psychosocial risk factors, promote the favorable organizational environment, as well as to address practices opposed to favorable organizational environment and acts of workplace violence.
• Adopt control measures and actions, when the result of the analysis of the psychosocial risk factors indicates so.
• Identify workers who were subjected to traumatic events severe during or due to work and channel them for your attention.
• Carry out medical examinations and psychological evaluations of workers exposed to workplace violence and/or psychosocial risk factors, when they exist. signs - symptoms that denote any alteration to your health.
• Disseminate and provide information to workers.
• Keep records of: results of the identification and analysis of factors of Psychosocial risk; of the evaluations of the organizational environment; measures of control measures adopted, and workers who underwent medical examinations.
c) Work centers where more than 50 workers work.
• Establish, implement, maintain and disseminate a psychosocial risk prevention policy in the workplace that includes: the prevention of psychosocial risk factors; the prevention of workplace violence, and the promotion of a favorable organizational environment.
• Identify and analyze psychosocial risk factors.
• Evaluate the organizational environment.
• Adopt measures to prevent psychosocial risk factors, promote a favorable organizational environment, as well as to address practices contrary to the favorable organizational environment and acts of workplace violence.
• Adopt control measures and actions, when the result of the analysis of psychosocial risk factors so indicates.
• Identify workers who were subjected to severe traumatic events during or due to work and channel them for their attention.
• Practice medical examinations and psychological evaluations of workers exposed to workplace violence and/or psychosocial risk factors, when there are signs or symptoms that indicate any alteration to their health.
• Disseminate and provide information to workers.
• Keep records of: results of the identification and analysis of psychosocial risk factors; organizational environment assessments; control measures adopted, and workers who underwent medical examinations.
What should the Psychosocial Risks policy contain?
The Psychosocial Risk Prevention Policy is the declaration of principles and commitments that establishes the pattern to prevent psychosocial risk factors and workplace violence, and to promote a favorable organizational environment, in order to develop a culture in which dignified or decent work is sought, and the continuous improvement of working conditions.
Each work center must develop its own policy, based on the conditions of its work center and its possibilities, so that the commitments indicated in the policy are implemented in actions.
The Standard contains an example of a Psychosocial Risk Prevention Policy in the Guide of reference IV, which can be adapted to the needs of each work center. It is worth mentioning that this guide is voluntary and not mandatory.
Fines for non-compliance with the Standard:
According to Article 994, section V, of the Federal Labor Law (LFT), a fine will be imposed for the equivalent of 250 to 5000 Units of Measurement and Update (UMA).
For more information, consult the standard at the following link:
We inform you that this information provides general information based on the current laws and regulations, and in case of an individual report, be sure to receive advice from an expert before handling it.
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