Enactment of the NOM-035-STPS-2018, Factors of psychosocial risk at work-Identification, analysis and prevention

ENACTMENT OF THE NOM-035-STPS-2018, FACTORS OF PSYCHOSOCIAL RISK AT WORK-IDENTIFICATION, ANALYSIS AND PREVENTION

On October 23th, 2018, NOM-035-STPS-2018 was published in the Official Gazette of the Federation “Psychosocial risk factors at work identification, analysis and prevention” (hereinafter the “NOM”), and we would like to inform you in this regard the following:

The NOM has three main objectives: (i) prevent psychosocial risk factors, (ii) prevent workplace violence, and (iii) promote a favorable organizational environment. Objective that must be achieved in the workplace and addressed from: (i) the organizational structure; (ii) the collective aspect; and (iii) the individual aspect.

Likewise, the NOM defines as psychosocial risk factors as:

“Those who can cause anxiety disorders, non-organic sleep cycle, wakefulness and severe stress and adaptation issues, as a result of the job position nature and functions, the duration of work schedule and exposure to severe traumatic events or violent act against the employees, for the work developed.

As well as dangerous and unsafe conditions in the work environment, workloads that exceed the worker’s capacity, lack of control over the developed work (possibility of be envolved in the organization and development of work when possible), working hours higher than those provided for in the Federal Labor Law, rotation of shifts that include night shifts and night shifts without periods of recovery and rest; disturbance of the work-family relationships, negative leadership and negative relationships at work ”

The obligations imposed on employers regarding psychosocial risks must be met and analyzed individually in each of their workplaces because each work center has different conditions or could have them. This application must be at least three actions:

1. Creation of a psychosocial risk prevention policy;
2. Creation of awareness campaigns;
3. Adoption of prevetion measures to avoid psychosocial risks and violence at work.

If you require legal assistance for the implementation of the abovementioned actions, please contact us.

Cannizzo, Ortiz y Asociados, S.C.