Recently, the Federal Official Gazette published the Mexican Standard Norm NOM-035-STPS-2018, Psychosocial risk factors at work - Identification, analysis and prevention ("NOM" for its Spanish acronym) issued by the Ministry of Employment, which establishes the necessary elements to identify, analyze and prevent psychosocial risk factors, as well as to promote a favorable organizational environment within workplaces.
Pursuant to the provisions of the NOM, psychosocial risk factors are those that may cause non-organic anxiety disorders to the sleep-wake cycle, as well as severe stress and adaptation disorders derived from the nature of the job functions arising from the type of work shift and the exposure to traumatic events or acts of violence towards employees.
Compliance with the Official Standard Norm is mandatory for all workplaces within Mexican territory. However, its implementation depends on the number of employees at each workplace.
The following are the most relevant employer obligations arising from the NOM:
- Implementation and diffusion of a psychosocial risk prevention policy considering the prevention of the above-mentioned factors, prevention of violence at work and the promotion of a favorable organizational environment at the workplace.
- Development of a mechanism that allows employees to raise complaints against practices that oppose a favorable organizational environment, and to report acts of violence at the work centers.
- Identification of employees who suffered any type of traumatic events for work-related reasons, so they can be taken care of by the medical personnel of the workplace or by a social security or private institution.
- Perform medical and psychological evaluations to employees who experienced violence at the work centers and/or psychosocial risk factors.
Although this NOM will become effective as of October 23, 2019, it is advisable to anticipate all necessary measures to ensure compliance with the obligations specified herein.