On October 23, 2018, the Ministry of Labor and Social Welfare published in the Official Gazette of the Federation NOM-035-STPS-2018, on the identification, analysis, and prevention of psychosocial risks at work, which was stated to enter into force on a staggered basis; that is, certain matters would become mandatory one year after its publication and others two years later.
In light of the foregoing, it is relevant to recall that tomorrow, October 23, 2020, the following obligations contemplated in the aforementioned NOM will enter into force: a) Identify and analyze psychosocial risk factors in workplaces with between 16 and 50 workers or those with more than 50 workers. It is important to note that, depending on the number of workers, the compliance requirements contemplated in the standard will differ. b) Conduct medical examinations and psychological evaluations of workers exposed to workplace violence and/or psychosocial risk factors, when there are signs or symptoms indicating some alteration to their health and the result of the identification and analysis so suggests, or when there are complaints of violence. c) Keep records of: • The results of the identification and analysis of psychosocial risk and favorable organizational environment. • The control measures adopted when so indicated by the results of the identification and analysis of psychosocial risk, as well as the evaluation of the favorable organizational environment. • The names of the workers who underwent clinical examinations or evaluations and who, as a result thereof, are found to have been exposed to psychosocial risk factors, acts of workplace violence, or severe traumatic events. d) Establish a program, when so recommended based on the evaluations. Finally, it is important to note that the entry into force of the aforementioned obligations makes them subject to inspections by the Ministry of Labor and Social Welfare, so that non-compliance could give rise to fines and adverse consequences for companies. It is imperative that workplaces have in place policies and compliance mechanisms tailored to their needs in order to avoid sanctions and to promote a healthy work environment for their collaborators. For additional information, please contact our experts: Rodolfo Trampe, Partner: +52 (55) 5258 1054 | rtrampe@vwys.com.mx Alix Trimmer, Associate: +52 (55) 5258 1054 | atrimmer@vwys.com.mx Alejandro Pérez, Associate: +52 (55) 5258 1054 | alperez@vwys.com.mx
