Official Mexican Standard 035 issued by the Ministry of Labor and Social Welfare regarding the identification and prevention of psychosocial risk factors in the workplace (commonly identified as NOM-035) was published in the Official Journal of the Federation on October 23, 2018. Its purpose is to guarantee that employees provide services in legal and optimal conditions to control their possible exposure to factors that may cause anxiety disorders, alter their rest or affect their quality of life. These elements are called Psychosocial Risk Factors and in principle do not include harassment or sexual harassment, to which other legal provisions contained in the Mexican Federal Labor Law are applicable.
With NOM-035, the intention is to generate favorable working environments for employees and promote their sense of belonging to the companies for which they work.
Because its implementation requires the integration of new processes in the normal operation of companies, its entry into force was divided into two parts. The first obligations were enforceable one year after their publication, so they came into force on October 23, 2019 and are as follows:
| Obligations | Number of Employees at the Workplace | ||
| Up to 15 | 16 to 50 | Over 50 | |
| To implement, maintain, and disseminate a Psychosocial Risk Policy. | Yes | Yes | Yes |
| Identify workers subject to Severe Traumatic Events in connection with their work and channel them for care. | Yes | Yes | Yes |
| To adopt measures for the prevention of Psychosocial Risk Factors, violence at work, and practices opposed to the favorable organizational environment and to have safe and confidential mechanisms for the reception of complaints. | No | Yes | Yes |
| To promote the sense of belonging of the workers to the company, to train for the correct performance of the work, to distribute adequately the workloads, and to define the responsibilities of each worker. | No | Yes | Yes |
| Disseminate and provide information on the above points. | Yes | Yes | Yes |
On the occasion of the second stage of the implementation of NOM-035, as of October 23, 2020, all obligations of NOM-035 will be in force, so all workplaces must comply, in addition to the above, also with the following:
| Obligations | Number of Employees at the Workplace | ||
| Up to 15 | 16 to 50 | Over 50 | |
| Identify and analyze Psychosocial Risk Factors and keep records of the results. | No | Yes | Yes |
| Assess the favorable organizational environment and keep records of the results. | No | No | Yes |
| Conduct medical examinations and psychological assessments of workers exposed to workplace violence and/or Psychosocial Risk Factors or when there are signs of impairment to their health and keep records of those who have been confirmed to have been exposed to Psychosocial Risk Factors or workplace violence. | No | Yes | Yes |
| Keep records of control measures taken when necessary according to the results of evaluations. | No | Yes | Yes |
As can be seen from NOM-035 and various employment related legal provisions, the trend with respect to the regulatory framework, both nationally and globally, is to establish and enforce more tools to ensure a favorable environment in the workplace and working conditions that do not affect the quality of life of workers.
In addition, the result of the evaluations on Psychosocial Risk Factors and favorable work environment depends on the perception and responses provided by the employees, so it is of utmost importance that companies are increasingly close to their employees to know and address their concerns and needs.
Of course, the entry into force of all the obligations derived from the NOM-035 in the month of October 2020, generates its enforceability by the administrative labor authorities in case of workplace inspections, which have been increasing considerably since 2019. In view of this, it is recommended that companies adopt a preventive approach and implement the corresponding measures to ensure compliance with their obligations in this area.
