Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
On October 23, 2018, Mexico’s Labor Ministry (known as “STPS” for its acronym in Spanish)1 published in its Official Gazette of the Federation regulations requiring all employers in Mexico to identify, analyze and prevent work-related psychological risks.2 The new regulations will become effective on October 23, 2019, with some special provisions coming into effect on October 23, 2020.
Under the regulations, employers must establish, implement, maintain and disseminate a policy for the prevention of psychological risks3 in the workplace. The policy must inform employees of the employer’s adopted measures to prevent psychological risks and procedures for filing a complaint.
Additionally, employers must identify, evaluate and analyze psychological risks within the organizational environment, adopt measures to prevent and control psychological risks, address any acts of violence, and promote a healthy organizational environment.
Employers must refer employees who suffer severe traumatic events during work or related to their job, or who were exposed to work-related violence or other psychological risks, to the relevant private or public social security institution or the employer’s private medical institution, so the employees can receive medical or professional attention and undergo medical and psychological examinations.
In turn, employees are required to prevent and control the psychological risks and cooperate to create a healthy work environment.
Employers must keep a record of compliance and will be subject to inspections by the STPS.
1 The acronym “STPS” stands for Mexico’s labor ministry’s official name, i.e., “Secretaría del Trabajo y Previsión Social.”
2 The regulations are known as “Norma Oficial Mexicana NOM-035-STPS-2018 sobre los factores de riesgo psicosocial en el trabajo.”
3 Psychological risks are those that may provoke anxiety disorders, sleep disorders, severe stress and adaptation disorders. These risks stem from the employee's job activities, the type of work shift, or the exposure to severe traumatic events or work-related acts of violence. For example, risks can arise from dangerous conditions within the work environment; excessive workloads; lack of control over the work; work shifts greater than the ones provided by the Mexican Federal Labor Law; shift rotations that include night shifts and night shifts without recovery and resting periods; work that interferes with the work-family relationship; negative leadership; and negative relationships at work.