On October 23, 2019, the Mexican Official Standard on the Prevention of Psychosocial Risks, NOM-035-STPS-2018 (NOM-035), entered into force. NOM-035 was issued to identify, analyze, and prevent psychosocial risk factors and to promote a favorable organizational environment in the workplace. On the seventh anniversary of the law’s enactment, employers may want to confirm and re-evaluate their compliance with its requirements.
Quick Hits
- The obligations included in Mexico’s NOM-035 are contingent on the number of employees in the workplace; however, in all cases, employers must ensure the prevention of psychosocial risks through a policy.
- Employers that fail to comply with NOM-035 may be subject to fines ranging from $29,327.50 Mexican pesos ($1,623.06 USD) to $586,550.00 Mexican pesos ($32,464.37 USD).
Employers’ Main Obligations
Under NOM-035, employers must comply with, and keep evidence of compliance with, the following obligations:
- Psychosocial risk policy: All employers must have a policy covering the prevention of psychosocial risks, the prevention of workplace violence, and the promotion of a favorable organizational environment.
- Prevention, identification, and control measures: Employers must adopt measures to prevent, identify, and control psychosocial risks and to ensure a favorable organizational environment. These measures and prevention elements may be included in the psychosocial risk policy.
- Identification of employees exposed to traumatic events:...
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