On October 23, 2019, STPS NOM035 entered into force. This means that as of October 24 of this year, STPS inspectors will go out to the workplace to validate that the standards of the norm has been covered.
It is important to mention that the inspectors evaluate previous years, which means that in 2020 they will request information from the prior years (this applies to both ordinary and extraordinary inspections. Therefore it is important to consider that the work center is complying with all the requirements of the standard no later than October 23 of this year, and thus be ready to receive the first inspections.
Recall that the objective of NOM035 is to identify and prevent psychosocial risk factors, as well as to promote a favorable organizational environment in the workplace.
To date, there is still a lot of confusion regarding the new standard and its scope. On the one hand, there are those who think that if their collaborators are well, have adequate physical spaces and constantly develop their staff, have nothing to worry about and are fully covered. On the other hand, there are those who are not well prepared and see with deep concern and as an additional occupational risk the implementation of NOM035.
It is important to remember that the norm arises from the fact that the authority recognizes the existence of new diseases that the worker develops caused by work activity, inside and outside the workplace, and it is no longer what happens exclusively within the facilities; for example, stress caused by time and the means of transportation used. Therefore, the authority’s first step was to reform the Occupational Safety and Health Regulations to include psychosocial risk factors, favorable organizational environments and ergonomic risk factors.
While it is true that the STPS is responsible for monitoring compliance with the standard, it is crucial to note that the NOM035 was designed so that inspectors are the companies’ own workers; consequently, the same employees and collaborators who will be the first to demand compliance or perhaps the first to report to the company not complied with by the STPS.
In Symbiosis we believe there is still time to avoid many problems, what do you think?
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.
–
