As per October of 2019 a new administrative norm regarding work health and safety dubbed NOM-035-STPS-2010 has come into effect throughout Mexico.
The new norm is important for all businesses to take into account given that it is immediately applicable nationally and seeks to determine if there are psycho-social risk factors within the workplace, in other words, if employees are subject to different situations that may provoke stress or emotional distress in the workplace.
The norm has a sliding rule of application depending on the number of people employed in a workplace. The different provisions within the norm will apply to all work centers but may be differentiated on a scale of 1-15 employees, 16-50, and 51 and more employees, where any work site with 15 or less employees will find it easier to comply as there will be less obligations, and any work center with more than 50 employees will need to be in full compliance with the norm.
It is noteworthy that many international corporations with operations in Mexico may already be in some degree of compliance because of upkeep with international best practices relating to employees and Human Resources departments.
The rules established by the norm require first hand that companies keep specific policies and a protocol to inform employees on psycho-social work risks, preventive measures, and a process to report any risk or situation that has created a stress or emotional distress related malady within the worksite.
Depending on the existence of risk factors, companies may be obliged to have psychological treatment offered to employees.
This norm is intended not only to reduce fatigue, burnout-syndrome, and stress related illnesses that ultimately cause employees to miss work, loose productivity, and seek social security and health benefits, it is also intended to reduce discrimination, harassment and other forms of abuse within the work sites.
There is no need to become certified in compliance to the new norm, but employers will be expected to voluntarily adjust and adapt to norm requirements, as aleatory inspections from the Labor Department might take place and non-compliance to the norm can become a fineable offense.
At Diaz-Miron, we will be happy to deep dive with you on this issues and guide you through compliance to this and any other work related norm or statute.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.