Main source: Adecco Group.
What is NOM 035 and what does it consist of?
As of October 2019, the Official Mexican Standard (NOM) 035 entered into force. This norm obligates companies to address psychosocial risks that may arise in the workspaces, such as work stress or sleep imbalances. In other words, it is now mandatory generate a good work environment for any organization.
The NOM 035 is a legislation that aims to take care of the integrity, physical and mental health of Mexican workers, aspects that benefit organizations, as an optimal working environment helps reduce turnover rates and to increase the work commitment that translates into higher productivity. Also, as it is a mandatory legislation, the non-compliance could lead to sanctions of more than half a million pesos.
Fines for failing to comply with NOM 035
For breach of NOM 035, the Federal Labour Law stipulates fines from 250 to 5 thousand units of the minimum wage (SUA), that is, between $26,767 and $535,350 MXN.
How to comply with NOM 035?
NOM 035 states that all employers must ensure that psychosocial risks that can be generated in their organizations are prevented; that is to say:
Those factors that can cause anxiety disorders, not organic from the sleep-wake cycle, severe stress and adaptation, derived from the nature of the functions of the job, the type of workday and exposure to severe traumatic events or acts of occupational violence…”
According to the Ministry of Labour and Social Security (STPS) some of the factors that can cause psychosocial risks are:
- Workloads when they exceed worker capacity.
- Work days higher than those provided for in the Federal Labour Law.
- Rotation of shifts that include night shift without periods of recovery and rest.
- Interference in the work-family relationship.
- Negative leadership.
- Negative relationships at work.
To avoid this type of risk, the law establishes a series of obligations, among which stand out:
- Establish and disseminate a psychosocial risk prevention policy in the workplace.
- Evaluate the organizational environment.
- Practice medical examinations of 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.
To know in detail the obligations that each company must fulfill, depending on its size, you can consult the Information guide that makes available the STPS.
It is important to note that the STPS contemplates the application of this standard in two stages:
- The First stage, which entered into force on October 23, 2019, it consists of politics; prevention measures; identification of workers exposed to severe traumatic events and dissemination of information.
- The second stage, which will take effect on October 23, 2020, consists of: the identification and analysis of psychosocial risk factors; the evaluation of the organizational environment; control measures and actions; medical examination and records.
Business consulting and advice for NOM 035
Although NOM 035 does not compel any employer to provide training for the prevention of psychosocial risks, the best way to comply with the standard, avoid fines and build a good work environment, is through experts to provide business training and consultancies on the subject.
As part of our services in Legal Compliance, we can validate, advise and coordinate the development of an optimal work environment and generate the necessary conditions to comply with it NOM 035.
The entry into force of NOM 035 poses a challenge for the Human Resources areas and those in charge of personnel management, who must contemplate strategies and measures that are in accordance with the law. However, beyond the punitive aspect of the legislation, it should be understood as a benefit for the entire organization, since an optimal work environment too translates into lower staff turnover, savings in recruitment and higher productivity for the company.
SYMBIOSIS is actively advising Canadian companies with operations in Mexico on all aspects of the broad Legal Compliance and Corporate Governance. We are tracking developments and are available to assist foreign investors with questions about Mexico’s legal framework and strict compliance options.
–
