NOM-035-STPS-2018, Occupational psychosocial risk factors – Identification, analysis and prevention

(Published in the DOF October 23, 2018 and takes full effect October 23, 2019)

RETURN TO NOM-035-STPS-2018

The new Standard NOM-035-STPS-2018 (Published October 23, 2018) is an important new Health and Safety Standard which is applicable in all workplaces but with different obligations depending on the number of employees. This Standard takes effect in 1 year to give companies the time to perform the evaluations, studies, and prepare their programs in order to be compliant when the new standard takes full effect.

NOM-035-STPS-2018, Occupational psychosocial risk factors – Identification, analysis and prevention?  (Published in the DOF October 23, 2018 and takes full effect October 23, 2019)

What is the objective of NOM-035-STPS-2018?

The objective of the Standard is to establish the elements for identifying, analyzing and preventing psychosocial risk factors, as well as for the promotion of a favorable organizational environment in the workplace.

Who is obligated to comply with this Standard? 

There are different obligations depending on the number of workers in the workplace. The obligations for each are presented below.

·         15 workers

·         16 – 50 workers

·         More than 50 workers

What are psychosocial risk factors?

Stress is commonly defined as a perceived imbalance between the demands made on people and their resources or ability to cope with those demands. Although the experience of stress might appear primarily psychological, stress also affects physical health. The symptoms of stress can result in increased absenteeism, high turnover, disciplinary problems, violence and psychological harassment, reduced productivity, as well as reduced attention, mistakes and accidents.

Factors, both inside and outside the workplace, can influence health. Poorly managed work features, such as constant high job demands, tight deadlines, harassment, and unsupportive managerial style, are likely to provoke the feeling of stress in workers. Legally, all employers have a general duty to ensure the health and safety of workers in every aspect of their work.

It is the responsibility of employer to ensure a Psychosocial Risk Assessment is carried out; this may be done by the employer; an employee or manager designated by the employer; or by an external third party.

Psychosocial Risk Factors are those that can cause anxiety disorders, a non-organic sleep-wake cycle and severe stress and adaptation derived from the nature of the functions of the job position in the workplace, the type of work shift and the exposure to severe traumatic events or acts of labor violence to the worker, for the work carried out.

They include:  

·         Dangerous and unsafe conditions in the work environment;

·         Workloads when they exceed the capacity of the worker;

·         The lack of control over work (possibility of influencing the organization and carrying out of the work when the process allows it);

·         Working days in excess of those provided for in the Federal Labor Law,

·         Rotation of shifts that include a night shift and a night shift without recovery and rest periods;

·         Interference in the work-family relationship, and

·         Negative leadership and negative relationships at work.

WORKPLACES WITH UP TO 15 WORKERS MUST:

Have a written and implemented policy for the prevention of psychosocial risks that includes:

·         The prevention of psychosocial risk factors

·         The prevention of workplace violence, and

·         The promotion of a favorable organizational environment.

·         Adopt measures to prevent and control psychosocial risk factors,

·         Promote a favorable organizational environment

·         Address practices that are contrary to the favorable organizational environment and

·         Acts of workplace violence.

The Employer must:

·         Identify workers who were subject to severe traumatic events during or due to work, and

·         channel them to the social or private security institution for their attention, or

·         to the doctor of the workplace or the company.

The Employer must provide information to workers about:

·         The policy of prevention of psychosocial risks;

·         The measures adopted to combat the practices opposed to the favorable organizational environment and

·         Acts of labor violence;

·         The measures and preventive actions for psychosocial risk factors;

·         Mechanisms for filing complaints and to report acts of violence;

·         The results of the identification and analysis of psychosocial risk factors;

·         Possible alterations to health due to exposure to psychosocial risk factors.

For the prevention of psychosocial risk factors and workplace violence workplaces the Employer must:

·         Establish actions for the prevention of psychosocial risk factors that promote social support, information dissemination and training;

·         Have confidential mechanisms for receiving complaints for reporting acts of workplace violence, and

·         Carry out actions that promote the sense of belonging of the workers to the organization; training, the definition of responsibilities, adequate distribution of workloads, with regular working hours pursuant and the evaluation and recognition of performance.

Programs for the prevention of psychosocial risk factors, workplace violence, must include the following:

·         Leadership and labor relations

·         Work loads (distribution of work loads, training, planning, breaks and rest periods,

·         Review and supervision that work distribution is carried out equitably

·         Instructions or procedures that define responsibilities

·         Meetings for addressing areas of opportunity for improvement

·         Relationships between workers, supervisors, managers and employers

·         Conducting semi-annual or annual meeting to follow up on activities for social support

·         Promoting mutual aid

·         Promotion of cultural activities and sports

·         Actions to involve workers in the work schedules

·         Support for workers with family emergencies

·         Recognition and promotion

WORKPLACES WITH 16 TO 50 WORKERS MUST:

The Employer must:

Have a written and implemented policy for the prevention of psychosocial risks that includes:

·         The prevention of psychosocial risk factors

·         The prevention of workplace violence, and

·         The promotion of a favorable organizational environment.

·         Adopt measures to prevent and control psychosocial risk factors,

·         Promote a favorable organizational environment

·         Address practices that are contrary to the favorable organizational environment and

·         Acts of workplace violence.

• Identify workers who were subject to severe traumatic events during or due to work, and
• channel them to the social or private security institution for their attention, or
• to the doctor of the workplace or the company.

The Employer must perform medical examinations and psychological evaluations to workers exposed to workplace violence and/or psychosocial risk factors.

 The Employer must provide information to workers about:

• The policy of prevention of psychosocial risks;
• The measures adopted to combat the practices opposed to the favorable organizational environment and
• Acts of labor violence;
• The measures and preventive actions for psychosocial risk factors;
• Mechanisms for filing complaints and to report acts of violence;
• The results of the identification and analysis of psychosocial risk factors;
• Possible alterations to health due to exposure to psychosocial risk factors.

  The Employer must maintain records on: 

• The results of the identification and analysis of the psychosocial risk;
• The control measures adopted when the results indicate it, and
• The names of the workers who underwent clinical examinations or evaluations and who were exposed to psychosocial risk factors, acts of labor violence or severe traumatic events.

 The identification and analysis of psychosocial risk factors must include the following:

·         The conditions in the work environment,

·         The workloads.

·         The lack of control over the work. (The lack of control is termed as the scarce or non-existent possibility that the worker has to influence and make decisions about the various aspects involved in the performance of their activities.)

·         Work days and rotation of shifts that exceed what is established in the Federal Labor Law. (The work shift becomes a psychosocial risk factor when working with long work shifts, with frequent rotation of shifts or night shifts, without breaks and rest periods)

·         Interference in the work-family relationship.

·         Negative leadership and negative relationships at work:

·         Workplace violence, pursuant to the following: (Sexual harassment, psychological harassment, mistreatment.

The evaluation of the favorable organizational environment includes:

·         The sense of belonging of the workers to the company;

·         Training for the proper performance of the tasks entrusted;

·         The precise definition of responsibilities for workers;

·         Proactive participation and communication between the employer, its representatives and the workers;

·         Adequate distribution of workloads, with regular working hours, and

·         The evaluation and recognition of performance.

Workplaces must use among other things the application of questionnaires that include;

·         The identification and analysis of psychosocial risk factors and the evaluation of the organizational environment which must also be integrated into the company’s Health and Safety Diagnostic.

·         The results of the identification and analysis of the psychosocial risk factors and the evaluation of the organizational environment must be contained in a report.

·         The result of the identification and analysis of the psychosocial risk factors and the evaluation of the organizational environment should be available for consultation of the workers.

·         The identification and analysis of psychosocial risk factors and the evaluation of the organizational environment should be carried out at least every two years.

The programs must include the actions and programs for the prevention of psychosocial risk factors and the prevention of workplace violence.

The workplace results of the evaluations must be implemented through a Program.

MORE THAN 50 WORKERS

The Employer must:

Have a written and implemented policy for the prevention of psychosocial risks that includes:

·         The prevention of psychosocial risk factors

·         The prevention of workplace violence, and

·         The promotion of a favorable organizational environment.

·         Adopt measures to prevent and control psychosocial risk factors,

·         Promote a favorable organizational environment

·         Address practices that are contrary to the favorable organizational environment and

·         Acts of workplace violence.

The Employer must:

• Identify workers who were subject to severe traumatic events during or due to work, and
• channel them to the social or private security institution for their attention, or
• to the doctor of the workplace or the company.

·         Perform medical examinations and psychological evaluations to workers exposed to workplace violence and/or psychosocial risk factors.

 The Employer must provide information to workers about:

•        The policy of prevention of psychosocial risks;

•        The measures adopted to combat the practices opposed to the favorable organizational environment and

•        Acts of labor violence;

•        The measures and preventive actions for psychosocial risk factors;

•        Mechanisms for filing complaints and to report acts of violence;

•        The results of the identification and analysis of psychosocial risk factors;

•        Possible alterations to health due to exposure to psychosocial risk factors.

The Employer must maintain records on:

 •        The results of the identification and analysis of the psychosocial risk;

•        The control measures adopted when the results indicate it, and

•        The names of the workers who underwent clinical examinations or evaluations and who were exposed to psychosocial risk factors, acts of labor violence or severe traumatic events.

The identification and analysis of the psychosocial risk factors must be made.

The workplaces that have more than 50 workers must carry out the identification and analysis of the psychosocial risk factors and the evaluation of the organizational environment, these can be done with a representative sampling.

The identification and analysis of psychosocial risk factors must include the following:

•        The conditions in the work environment,

•        The workloads.

•        The lack of control over the work. (The lack of control is termed as the scarce or non-existent possibility that the worker has to influence and make decisions about the various aspects involved in the performance of their activities.)

•        Work days and rotation of shifts that exceed what is established in the Federal Labor Law. (The work shift becomes a psychosocial risk factor when working with long work shifts, with frequent rotation of shifts or night shifts, without breaks and rest periods)

•        Interference in the work-family relationship.

•        Negative leadership and negative relationships at work:

•        Workplace violence, pursuant to the following: (Sexual harassment, psychological harassment, mistreatment.

The evaluation of the favorable organizational environment includes:

•        The sense of belonging of the workers to the company;

•        Training for the proper performance of the tasks entrusted;

•        The precise definition of responsibilities for workers;

•        Proactive participation and communication between the employer, its representatives and the workers;

•        Adequate distribution of workloads, with regular working hours, and

•        The evaluation and recognition of performance.

The workplaces may use the application of questionnaires for the evaluation;

The questionnaires must include the following:

·         The identification and analysis of psychosocial risk factors and the evaluation of the organizational environment;

·         The results of the identification and analysis of the psychosocial risk factors and the evaluation of the organizational environment must be contained in a report.

·         The result of the identification and analysis of the psychosocial risk factors and the evaluation of the organizational environment should be available for consultation of the workers.

The identification and analysis of psychosocial risk factors and the evaluation of the organizational environment should be carried out at least every two years.