I share with you the translation of the Informative Guide that the Mexican government published on October 22, 2019, on its website, so that Mexican companies can prepare for the implementation of said NOM; you can check the original guide here.
Informative Guide, NOM-035-STPS-2018.
The purpose of this informative guide is to make known the obligations that employers and workers have to address psychosocial risk factors and promote a favorable organizational environment, for the benefit of workers’ health and workplace productivity.
The content of this guide is fully aligned with the obligations contained in the NOM-035-STPS-2018, PSYCHOSOCIAL RISK FACTORS IN THE WORKPLACE – IDENTIFICATION, ANALYSIS, AND PREVENTION, published in the Official Gazette of the Federation on October 23, 2018. It is organized to be more accessible to those obligated and interested in the subject.
What is the scope of NOM-035-STPS-2018?
To carry out the application of the Standard, we must be clear about its purpose and thus delimit its scope.
In this sense, the objective of the Standard is to establish the elements to identify, analyze, and prevent psychosocial risk factors, as well as to promote a favorable organizational environment in the workplace.
From the objective, we can distinguish that NOM-035-STPS-2018 only covers two aspects: psychosocial risk factors and a favorable organizational environment. What do these factors include? What is a favorable organizational environment? According to the Federal Regulation of Safety and Health at Work and the standard itself:
- Favorable Organizational Environment: One that promotes workers’ sense of belonging to the company; training for the proper performance of assigned tasks; precise definition of responsibilities for workers in the workplace; proactive participation and communication among workers; appropriate distribution of workloads, with regular working hours according to the Federal Labor Law, and evaluation and recognition of performance.
- Psychosocial Risk Factors: Those that can cause anxiety disorders, non-organic sleep-wake cycle disorders, severe stress, and adaptation, derived from the nature of job functions, the type of work schedule, and exposure to severe traumatic events or acts of workplace violence on the worker, due to the work performed.
They include hazardous and unsafe conditions in the workplace; workloads exceeding the worker’s capacity; lack of control over work (ability to influence the organization and development of work when the process allows it); working hours exceeding those stipulated in the Federal Labor Law, shift rotation that includes night shifts and night shifts without recovery and rest periods; interference in the work-family relationship, negative leadership, and negative workplace relationships.
As can be seen, psychosocial risk factors and elements of a favorable organizational environment derive from the nature of the position, i.e., the conditions in which activities are carried out. Therefore, the analysis of these elements involves an assessment of the conditions in which workers perform them.
The identification and analysis of psychosocial risk factors, as well as the evaluation of the organizational environment, do not contemplate a psychological assessment of workers, which must be clear.
In this sense, it is worth specifying that NOM-035-STPS-2018 does not contemplate or establish any obligation to:
- Use a tool to carry out a psychological assessment of workers.
- Apply a questionnaire to identify mental disorders.
- Know psychological variables internal to the individual, such as attitudes, values, personality, etc.
- Measure stress in workers.
WHO DOES NOM-035-STPS-2018 APPLY TO?
According to the scope, the Standard governs throughout the national territory and applies to all workplaces.
However, the provisions of this Standard apply according to the number of workers working in the workplace; there are three categories:
- Workplaces where up to 15 workers are employed;
- Workplaces where between 16 and 50 workers are employed, and
- Workplaces where more than 50 workers are employed.
Therefore, first and foremost, the workplace must determine in which category it falls to comply with the provisions that correspond to it according to its size.
WHAT ARE THE EMPLOYER’S OBLIGATIONS?
Workplaces, according to size, have the following obligations:
a) Workplaces where up to 15 workers are employed.
- Establish, implement, maintain, and disseminate in the workplace a psychosocial risk prevention policy that includes: prevention of psychosocial risk factors; prevention of workplace violence, and promotion of a favorable organizational environment.
- Adopt measures to prevent psychosocial risk factors, promote a favorable organizational environment, as well as address practices contrary to a favorable organizational environment and acts of workplace violence.
- Identify workers who were subjected to severe traumatic events during or due to work and refer them for care.
- Disseminate and provide information to workers.
b) Workplaces where between 16 and 50 workers are employed:
- Establish, implement, maintain, and disseminate in the workplace a psychosocial risk prevention policy that includes: prevention of psychosocial risk factors; prevention of workplace violence, and the promotion of a favorable organizational environment.
- Identify and analyze psychosocial risk factors.
- Adopt measures to prevent psychosocial risk factors, promote a favorable organizational environment, as well as address practices contrary to a favorable organizational environment and acts of workplace violence.
- Adopt measures and control actions, when the result of the analysis of psychosocial risk factors indicates it.
- Identify workers who were subjected to severe traumatic events during or due to work and refer them for care.
- Conduct medical examinations and psychological evaluations of workers exposed to workplace violence and/or psychosocial risk factors, when there are signs or symptoms indicating any alteration to their health.
- Disseminate and provide information to workers.
- Keep records of: results of the identification and analysis of psychosocial risk factors; evaluations of the organizational environment; control measures adopted, and workers who underwent medical examinations.
c) Workplaces where more than 50 workers are employed.
- Establish, implement, maintain, and disseminate in the workplace a psychosocial risk prevention policy that includes: prevention of psychosocial risk factors; prevention of workplace violence, and the promotion of a favorable organizational environment.
- Identify and analyze psychosocial risk factors.
- Evaluate the organizational environment.
- Adopt measures to prevent psychosocial risk factors, promote a favorable organizational environment, as well as address practices contrary to a favorable organizational environment and acts of workplace violence.
- Adopt measures and control actions, when the result of the analysis of psychosocial risk factors indicates it.
- Identify workers who were subjected to severe traumatic events during or due to work and refer them for care.
- Conduct medical examinations and psychological evaluations of workers exposed to workplace violence and/or psychosocial risk factors, when there are signs or symptoms indicating any alteration to their health.
- Disseminate and provide information to workers.
- Keep records of: results of the identification and analysis of psychosocial risk factors; evaluations of the organizational environment; control measures adopted, and workers who underwent medical examinations.
WHAT IS THE POLICY OF PSYCHOSOCIAL RISK PREVENTION?
WHAT SHOULD IT CONTAIN?
The Psychosocial Risk Prevention Policy is the declaration of principles and commitments established by the employer to prevent psychosocial risk factors and workplace violence, and to promote a favorable organizational environment, with the aim of developing a culture that seeks dignified or decent work, and continuous improvement of working conditions.
Each workplace must develop its own policy, based on the conditions of its workplace and its possibilities, so that the commitments outlined in the policy are implemented in actions.
The Standard contains an example of a Psychosocial Risk Prevention Policy in Reference Guide IV, which can be adapted to the needs of each workplace. It should be noted that this guide is voluntary and not mandatory.
WHAT ARE THE PREVENTION MEASURES?
Measures to prevent psychosocial risk factors, promote a favorable organizational environment, as well as address practices contrary to a favorable organizational environment and acts of workplace violence apply to all workplaces regardless of their size.
For the prevention of psychosocial risk factors and workplace violence, as well as the promotion of a favorable organizational environment, workplaces must:
- Establish actions for the prevention of psychosocial risk factors that promote social support, information dissemination, and training;
- Have secure and confidential mechanisms for receiving complaints about practices contrary to a favorable organizational environment and for reporting acts of workplace violence, and
- Take actions that promote workers’ sense of belonging to the organization; training for the proper performance of assigned tasks; precise definition of responsibilities for members of the organization; proactive participation and communication among its members; appropriate distribution of workloads, with regular working hours according to the Federal Labor Law, evaluation, and recognition of performance.
The actions and programs for the prevention of psychosocial risk factors, the promotion of a favorable organizational environment, and the prevention of workplace violence, referred to in the previous paragraph, must consider the following:
In relation to leadership and relationships at work, they must include:
- Actions for managing conflicts at work, distributing working hours, and determining priorities at work;
- Guidelines to prohibit discrimination and promote equity and respect;
- Mechanisms to encourage communication between supervisors or managers and workers, as well as among workers, and
- Establish and disseminate clear instructions to workers for addressing problems that prevent or hinder the development of their work when they arise;
- Training and awareness of executives, managers, and supervisors for the prevention of psychosocial risk factors and the promotion of favorable organizational environments;
Regarding workloads, they should contain:
- Review and supervision of the distribution of workloads to be done equitably, considering the number of workers, activities to be carried out, the scope of the activity, and their training;
- Activities to plan work, considering the production process so that necessary breaks or rest periods, task rotation, and other necessary measures are taken to avoid accelerated work rhythms.
- Instructions or procedures that clearly define tasks and responsibilities;
Regarding work control, it should include:
- Activities to involve workers in decision-making about the organization of their work, encouraging their participation in improving working conditions and productivity, provided that the production process allows it, and they have the experience and training for it.
- Actions to agree on and improve the margin of freedom and control over their work by workers and employers, and to encourage workers to develop new competencies or skills, considering the limitations of the production process.
- Meetings to address areas of improvement to deal with workplace problems and determine their solutions.
In relation to social support, it should include activities that allow:
- Establishing relationships among workers, supervisors, managers, and employers to provide mutual support.
- Conducting periodic (semiannual or annual) follow-up meetings for the activities established for social support and, if necessary, holding extraordinary meetings in case of events that jeopardize the worker’s health or the workplace.
- Promoting mutual assistance and the exchange of knowledge and experiences among workers.
- Contributing to the promotion of cultural and sports activities among employees and providing them with necessary equipment and tools.
Regarding the balance in the work-family relationship, it should consider:
- Actions to involve workers in defining work schedules when work conditions allow.
- Guidelines for establishing measures and limits to prevent working hours exceeding those specified in the Federal Labor Law.
- Support for workers to address family emergencies, which the worker will need to justify.
- Promotion of family integration activities at work, with prior agreement with the workers.
Regarding recognition at work, mechanisms should be in place to:
- Acknowledge outstanding performance (exceeding expectations) of workers.
- Disseminate the achievements of outstanding workers.
- Express to the worker their possibilities for development, if applicable.
In terms of preventing workplace violence, it is necessary to:
- Disseminate information to raise awareness about workplace violence, both among workers and management, managers, and supervisors.
- Establish procedures of action and follow-up to address issues related to workplace violence, and provide training to the person responsible for implementation.
- Inform about the way in which acts of workplace violence should be reported.
Regarding the information and communication provided to workers, efforts should be made to:
- Ensure that the employer, supervisor, or immediate superior communicates directly and frequently with workers about any problem that hinders or delays work development.
- Disseminate changes in the organization or working conditions among workers.
- Allow workers to express their opinions on solving problems or improving their working conditions to enhance their performance.
In terms of training provided to workers, compliance should include:
- Analyzing the relationship between training and assigned tasks.
- Giving workers the opportunity to indicate their training needs based on their activities.
- Conducting a training needs assessment at least every two years and integrating its results into the training program.
Information source: https://www.gob.mx/cms/uploads/attachment/file/503381/NOM035_guia.pdf
“The greatest weapon against stress is our ability to choose one thought over another”
– William James –
