The government of Mexico adopted a new regulation to identify, prevent and address psychological risk factors in the workplace. Regulation NOM-035-STPS-2018 was published in the Federal Official Gazette on 23 October 2018, and will enter into force on 23 October 2019, with some special provisions coming into effect on 23 October 2020.
The regulation applies to all companies in Mexico. Starting from 23 October 2019, employers will be required to:
- Identify and analyze psychological risk factors for their employees.
- Implement and disseminate psychological risk prevention policies to promote a healthy work environment. Prevention policies should be comprehensive and include the necessary procedures to deal with complaints related to workplace violence or any other negative and traumatic work practice that can lead to a psychological risk factor.
Under the regulation, psychological risk factors are those causing anxiety, sleep, stress or adaptation disorders derived from:
- Dangerous work conditions.
- Excessive workload.
- Work shifts greater than what is outlined in the Mexican Federal Labor Law.
- Exposure to traumatic events or work-related acts of violence.
- Negative leadership and relationships in the workplace.
Employers should monitor the implementation timeline of the new regulation and update their internal policies to ensure compliance. The regulation includes questionnaires that employers may use to identify psychological risk factors. Employers might want to consider hiring external vendors to help ensure compliance with the new requirements.
Norma Oficial Mexicana NOM-035-STPS-2018 sobre los factores de riesgo psicosocial en el trabajo