By Shirley Alvarado
July 5, 2020
The official Mexican standard NOM-035-STPS-2018, Psychosocial risk factors at work-Identification, analysis, and prevention was published in the Official Gazette of the Federation on October 23, 2018. NOM 035, issued by the Ministry of Labor and Social Security, aims to establish the elements to identify, analyze and prevent psychosocial risk factors, as well as to promote a favorable organizational environment in the workplace.
This provision applies to all “work centers” (i.e companies/businesses), but the regulations vary depending on how many employees they have:
- Up to 15
- Between 16 and 50
- More than 50
NOM 035 will be enforced in two stages, which define the requirements with which the work centers will have to comply:
1st. Stage – October 23, 2019
Politics; prevention measures; the identification of workers exposed to severe traumatic events, and the dissemination of information.
2nd. Stage – October 23, 2020
Identification and analysis of psychosocial risk factors; the evaluation of the organizational environment; control measures and actions; the practice of medical examinations, and records.
For more information: https://www.gob.mx/
Objective:
Establish the elements to identify, analyze and prevent risk factors psychosocial, as well as to promote a favorable organizational environment in work centers
Obligations of the Employer:
Establish and disseminate in the workplace a psychosocial risk prevention policy that contemplates the prevention of psychosocial risk and violence at work, as well as promoting a favorable organizational environment.
- Identify and analyze psychosocial risk factors.
- Evaluate the organizational environment.
- Take measures to prevent factors of psychosocial risk, promoting the favorable work environment as well as to attend practices opposed to the favorable organizational environment and acts of workplace violence.
- Take control measures and actions, when the result of the analysis of the factors of psychosocial risk so indicate.
- Practice medical exams on workers exposed to workplace violence and / or psychosocial risk, when there are signs or symptoms that denote any alteration to their health.
- Disseminate and provide information to the workers
- Keep records of the results of the identification and analysis of psychosocial risk factors, of organizational environment assessments, of the control measures adopted, and the workers who underwent medical examinations.
The obligation of Workers:
- Observe prevention measures and, in your control case to a) control the factors of psychosocial risk, b) collaborate to have a favorable organizational environment, and c) prevent acts of workplace violence.
- Refrain from practices contrary to favorable organizational environment and acts of violence within the workplace.
- Participate in the identification of the factors of psychosocial risk and in the evaluation of the environment organizational.
- Report on practices contrary to the environment organizational and report acts of violent labor.
- Participate in information events.
- Undergo medical examinations.
Factors to analyze and evaluate:
The psychosocial risk factors that are covered in the norm are:
- Conditions of the work environment.
- Workloads.
- Control overwork.
- Days that exceed the provisions of the law.
- Interference in the work-family relationship.
- Negative leadership and negative relationships.
- Workplace violence.
Organizational Environmental Elements:
- Workers’ sense of belonging.
- Training for the proper conduct of entrusted tasks.
- The precise definition of responsibilities for workers in the workplace.
- Proactive participation and communication between workers.
- Adequate distribution of workloads, with regular working hours according to the Law
- Federal Labor Law.
- Evaluation and recognition of performance.
Things that NOM 35 does not require:
- Use an instrument to carry out a psychological evaluation of the workers.
- Apply a questionnaire to identify mental disorders.
- Know psychological variables internal to the individual such as attitudes, values, personality, etc.
- Measure stress in workers.
Work centers where up to 15 workers work:
- Establish, implement, maintain, and disseminate in the workplace a policy of prevention of psychosocial risks contemplated: the prevention of factors psychosocial risk; the prevention of workplace violence, and the promotion of favorable organizational environment.
- Adopt measures to prevent psychosocial risk factors, promote a favorable organizational environment, as well as to address practices opposed to favorable organizational environment and acts of workplace violence.
- Identify workers who were subject to severe traumatic events during or for work and channel them to your attention.
- Disseminate and provide information to workers
Work centers where between 16 and 50 workers work:
- Establish, implement, maintain and disseminate in the workplace a policy of prevention of psychosocial risks contemplated: the prevention of factors psychosocial risk; the prevention of workplace violence, and the promotion of favorable organizational environment.
- Identify and analyze psychosocial risk factors.
- Adopt measures to prevent psychosocial risk factors, promote a 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 so indicate.
- Identify workers who were subject to traumatic events severe during or for work, and channel them for your attention.
- Perform medical exams and psychological evaluations on workers exposed to workplace violence and / or psychosocial risk factors, when they exist.
- Disseminate and provide information to workers.
- Keep records of results of the identification and analysis of the factors of Psychosocial risk; from evaluations of the organizational environment; measures of control taken, and workers who underwent a medical examination.
Work centers where more than 50 workers work.
- Establish, implement, maintain and disseminate in the workplace policy of prevention of psychosocial risks considered: 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 the practices opposed 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 indicate.
- Identify workers who were subject to traumatic events severe during or for work, and channel them for your attention.
- Perform medical examinations and psychological evaluations on workers exposed to workplace violence and / or psychosocial risk factors, when there are signs or symptoms that denote any alteration to their health.
- Disseminate and provide information to workers.
- Keep records of results of the identification and analysis of the factors of
- Psychosocial risk; organizational environment assessments; control measures adopted, and workers who underwent medical examinations.
What should the policy contain to prevent the psychosocial risk?
Per the standard https://www.gob.mx/cms/uploads/attachment/file/503381/NOM035_guia.pdf “The Psychosocial Risk Prevention Policy is the declaration of principles and commitments that establish the pattern to prevent psychosocial risk factors and violence.” Each workplace must develop its own policy, based on the conditions of its workplace so that the policy is implemented in actions. See the Free Policy Template HERE