On October 23, 2018, Mexico’s Ministry of Labor and Social Welfare (STPS) issued Official Standard 035, “Psychosocial Risk Factors at Work—Identification, Analysis, and Prevention” (NOM-035-STPS-2018), to “identify, analyze, and prevent psychosocial risk factors, as well as to promote a favorable organizational environment in the workplace.” Implementation of NOM-035 was phased in over time, based on employer size, and the standard became effective for all workplaces on October 23, 2020. An overview of employers’ compliance obligations under the standard follows below.
In order to comply with NOM-035, each employer must “[e]stablish in writing, implement, maintain and disseminate a psychosocial risk prevention policy.” Specific requirements are based on employer size.
Small Employers (One to Fifteen Employees)
Small employers are required to adopt measures to “prevent and control psychosocial risk factors” and “promote a favorable organizational environment,” as well as address any practices contrary to a favorable organizational environment and acts of violence in the workplace. Small employers must also identify employees who were subject to severe traumatic events during or arising from work and direct them to the appropriate resources, such as “the social or private security institution, or … the workplace or company doctor.”
Medium-Sized Employers (Sixteen to Fifty Employees)
In addition to complying with the requirements that apply to small...
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