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: Employers must identify employees who have experienced severe traumatic events related to the workplace and refer them to a social security institution or a private mental health provider.
- Evaluations: Employers with sixteen or more employees must carry out evaluations of employees exposed to workplace violence or psychosocial risk factors when there are signs or symptoms of health effects and the risk analysis so indicates, or when workplace violence complaints have been filed. In addition, the evaluation of psychosocial risk factors must be carried out at least every two years.
- Recordkeeping: Employers must keep records of the evaluation results, the control measures adopted, and the names of workers who underwent examinations and were found to have been exposed to psychosocial risk factors, workplace violence, or severe traumatic events.
General Compliance Review
In light of the NOM-035 anniversary, answering the following questions may help employers while they are reviewing their policies and procedures.
- Does the number of employees meet the threshold requirements for compliance with NOM-035? Requirements vary based on the size of an employer’s workforce.
- Is the psychosocial risk policy up to date with current requirements under the Federal Labor Law (FLL)? The FLL was recently amended and now employers must also train employees regarding workplace violence, especially against women. Employers may want to consider integrating both the NOM-035’s psychosocial risk requirements and the FLL’s workplace anti-harassment and violence prevention requirements in their training materials.
- When was the last evaluation process carried out? Evaluations must be conducted biannually. If needed, employers may want to prepare for the next evaluation process.
- Are all documents that are needed to provide evidence of compliance properly safeguarded if an inspection occurs?
Ogletree Deakins’ Mexico City office will continue to monitor developments and will provide updates on the Cross-Border, Workplace Safety and Health, and Workplace Violence Prevention blogs as additional information becomes available.
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