sensei
20/08/2019

NOM-035-STPS-2018. PSYCHOSOCIAL RISK FACTORS IN THE WORKPLACE, IDENTIFICATION, ANALYSIS AND PREVENTION.
On October 23, 2018, NOM 035-STPS-2018 (hereinafter NOM for its achronym in spanish) was published, which will come into force one year after its publication, that is, on October 23, 2019, regards to the obligations of employers to adopt, implement in writing and transmit preventive measures regarding psychosocial risk factors and prevention of workplace violence, as well as the promotion of a favorable organizational environment through the transmition of a policy aimed at that. While, regarding the measures of identification and analysis of psychosocial risk factors and the evaluation of the favorable organizational environment through questionnaires and interviews, practicing medical examinations and having records on the results of the evaluations, these will take effect within two years after its publication, that is, on October 23, 2020.
Objective of the NOM.
Establish the necessary elements to identify, analyze and prevent psychosocial risk factors, as well as promote a favorable organizational environment in the workplace.
For the purposes of the NOM, psychosocial risk factors are understood as any situation that may cause anxiety disorders, negative modifications to the sleep cycle, severe stress, lack of adaptation to the work environment, by-product of the nature of work functions and their environment, of the working day, traumatic events or acts of labor violence to the worker, for the work developed. This concept includes workloads that exceed the worker’s capabilities, working hours exceeding the minimum established by law, night shifts without recovery and rest periods, negative leadership and negative relationships at work.
By favorable organizational environment, the NOM defines it as one in which the sense of belonging of the workers to the company is promoted; training for the proper performance of the tasks entrusted; the precise definition of responsibilities for workers in the workplace; proactive participation and communication between workers; adequate distribution of workloads, with regular working hours in accordance with the Federal Labor Law, and evaluation and recognition of performance.
Field of Application and Obligations of the NOM.
Compliance with the NOM is mandatory for all companies that have workers. However, there are specific chapters of obligations that must be met depending on the number of workers.
- Companies with 1 and up to 15 workers will be obliged to:
- Establish in writing, implement, maintain and disseminate a psychosocial risk prevention policy.
- Adopt and disseminate measures to prevent and control psychosocial risk factors, promote the favorable organizational environment, and prevention of workplace violence and fight practices opposed to them.
- Identify workers who have been subjected to severe traumatic events during or because work, and channel them for their attention to the social security institution, a private institution or the company doctor.
- Have safe and confidential mechanisms to receive complaints about practices opposed to the favorable organizational environment and to report acts of workplace violence.
- Companies with 16 to 50 workers are required, in addition to the above obligations, to the following:
- Identify and analyze psychosocial risk factors, including all workers, through questionnaires and interviews. Said identification and analysis of factors should contemplate the following.
- Conditions in the work environment.
- Lack of control over work.
- Excess work days and shift rotation.
- Interference in the work-family relationship.
- Leadership or negative relationships at work.
- Work violence.
- Practice medical examinations and psychological evaluations of workers exposed to workplace violence and / or psychosocial risk factors.
- Keep records of the results and disseminate them of the identification and analysis of psychosocial risk factors, of the control measures adopted when the result indicates it, and of the names of the workers who underwent medical examinations.
- Those companies that have 51 or more workers will also be obliged to:
- Carry out the analysis and evaluation of the favorable organizational environment through questionnaires. The favorable organizational environment assessment should include:
- The sense of belonging of the workers to the company.
- Training for the proper performance of tasks.
- The precise definition of the responsibilities of the workers.
- Proactive participation and communication between the employer, his representatives and the workers.
- The adequate distribution of workloads, with regular working hours.
- Evaluation and recognition of performance.
- Keep records and disseminate them on the evaluations of the favorable organizational environment.
In turn, workers have the obligation to observe prevention measures, which employers must send them in writing, in order to control psychosocial risk factors, participate in the development of the favorable organizational environment, prevent acts of workplace violence, refrain from any activity contrary to the provisions of the NOM and report on any conduct contrary to the provisions of said NOM.
Way to comply with the NOM
The NOM provides various actions for the prevention of psychosocial risk factors as well as for the development of the favorable organizational environment, such as making a complaint box available to workers, as well as applying questionnaires and interviews to workers, which the same NOM offers guides with examples of questionnaires in order to simplify compliance with it, as well as how to evaluate the results of these questionnaires and the actions that should be taken according to the result of the evaluation.
Therefore, in DIEZ DE BONILLA, KURI Y ASOCIADOS, S.C., we are at your service in order to advise you more accurately in order to comply with this NOM in each of your work centers.

NOM-035-STPS-2018. PSYCHOSOCIAL RISK FACTORS IN THE WORKPLACE, IDENTIFICATION, ANALYSIS AND PREVENTION.
sensei
20/08/2019
On October 23, 2018, NOM 035-STPS-2018 (hereinafter NOM for its achronym in spanish) was published, which will come into force one year after its publication, that is, on October 23, 2019, regards to the obligations of employers to adopt, implement in writing and transmit preventive measures regarding psychosocial risk factors and prevention of workplace violence, as well as the promotion of a favorable organizational environment through the transmition of a policy aimed at that. While, regarding the measures of identification and analysis of psychosocial risk factors and the evaluation of the favorable organizational environment through questionnaires and interviews, practicing medical examinations and having records on the results of the evaluations, these will take effect within two years after its publication, that is, on October 23, 2020.
Objective of the NOM.
Establish the necessary elements to identify, analyze and prevent psychosocial risk factors, as well as promote a favorable organizational environment in the workplace.
For the purposes of the NOM, psychosocial risk factors are understood as any situation that may cause anxiety disorders, negative modifications to the sleep cycle, severe stress, lack of adaptation to the work environment, by-product of the nature of work functions and their environment, of the working day, traumatic events or acts of labor violence to the worker, for the work developed. This concept includes workloads that exceed the worker’s capabilities, working hours exceeding the minimum established by law, night shifts without recovery and rest periods, negative leadership and negative relationships at work.
By favorable organizational environment, the NOM defines it as one in which the sense of belonging of the workers to the company is promoted; training for the proper performance of the tasks entrusted; the precise definition of responsibilities for workers in the workplace; proactive participation and communication between workers; adequate distribution of workloads, with regular working hours in accordance with the Federal Labor Law, and evaluation and recognition of performance.
Field of Application and Obligations of the NOM.
Compliance with the NOM is mandatory for all companies that have workers. However, there are specific chapters of obligations that must be met depending on the number of workers.
- Companies with 1 and up to 15 workers will be obliged to:
- Establish in writing, implement, maintain and disseminate a psychosocial risk prevention policy.
- Adopt and disseminate measures to prevent and control psychosocial risk factors, promote the favorable organizational environment, and prevention of workplace violence and fight practices opposed to them.
- Identify workers who have been subjected to severe traumatic events during or because work, and channel them for their attention to the social security institution, a private institution or the company doctor.
- Have safe and confidential mechanisms to receive complaints about practices opposed to the favorable organizational environment and to report acts of workplace violence.
- Companies with 16 to 50 workers are required, in addition to the above obligations, to the following:
- Identify and analyze psychosocial risk factors, including all workers, through questionnaires and interviews. Said identification and analysis of factors should contemplate the following.
- Conditions in the work environment.
- Lack of control over work.
- Excess work days and shift rotation.
- Interference in the work-family relationship.
- Leadership or negative relationships at work.
- Work violence.
- Practice medical examinations and psychological evaluations of workers exposed to workplace violence and / or psychosocial risk factors.
- Keep records of the results and disseminate them of the identification and analysis of psychosocial risk factors, of the control measures adopted when the result indicates it, and of the names of the workers who underwent medical examinations.
- Those companies that have 51 or more workers will also be obliged to:
- Carry out the analysis and evaluation of the favorable organizational environment through questionnaires. The favorable organizational environment assessment should include:
- The sense of belonging of the workers to the company.
- Training for the proper performance of tasks.
- The precise definition of the responsibilities of the workers.
- Proactive participation and communication between the employer, his representatives and the workers.
- The adequate distribution of workloads, with regular working hours.
- Evaluation and recognition of performance.
- Keep records and disseminate them on the evaluations of the favorable organizational environment.
In turn, workers have the obligation to observe prevention measures, which employers must send them in writing, in order to control psychosocial risk factors, participate in the development of the favorable organizational environment, prevent acts of workplace violence, refrain from any activity contrary to the provisions of the NOM and report on any conduct contrary to the provisions of said NOM.
Way to comply with the NOM
The NOM provides various actions for the prevention of psychosocial risk factors as well as for the development of the favorable organizational environment, such as making a complaint box available to workers, as well as applying questionnaires and interviews to workers, which the same NOM offers guides with examples of questionnaires in order to simplify compliance with it, as well as how to evaluate the results of these questionnaires and the actions that should be taken according to the result of the evaluation.
Therefore, in DIEZ DE BONILLA, KURI Y ASOCIADOS, S.C., we are at your service in order to advise you more accurately in order to comply with this NOM in each of your work centers.