In today’s article in Law In Cabo we will talk about Mexican Official Standards (NOM). As a starting point, let’s first look at their definition: “They are technical regulations of mandatory observance issued by the competent agencies, whose purpose is to establish the characteristics that processes or services must meet when this may constitute a risk to the safety of persons or human health…”.
Once approved, they are issued and published in the Official Gazette of the Federation and become effective the day after their publication and must be revised every five years.
MEXICAN OFFICIAL STANDARD NOM-035-STPS-2018.
There is a lot of talk about Mexican Official Standard 035. Undoubtedly, the pandemic stage and the home office marked a pause in the implementation within the workplace, now that everything is gradually returning to normal, it is time to focus on checking that our customers are up to date with their obligations in all areas; whether tax, social security, labor or anything that may be cause for fines and penalties by the authority.
That is why I invite you to read this article, which is intended to be a guide to carry out the compliance with the Mexican Official Standard 035.
It is important to point out that, in the implementation of NOM 035, the Ministry of Labor and Social Welfare contemplates two stages:
- The First stage, which came into force on October 23, 2019, consists of the policy; prevention measures; identification of workers exposed to severe traumatic events and dissemination of information.
- The second stage, which came into effect on October 23, 2020, consists of the identification and analysis of psychosocial risk factors; assessment of the organizational environment; control measures and actions; the practice of medical examinations; and records.
DEFINITION OF PSYCHOSOCIAL RISK FACTORS
Psychosocial Risk Factors: “Are those that can cause anxiety disorder, non-organic sleep-wake cycle and severe and adaptive stress disorder, derived from the nature of the job functions, the type of workday and exposure to severe traumatic events or acts of workplace violence to the worker.”
Examples:
- Excessive workloads.
- Hazardous and unsafe working conditions.
- Workplace violence.
- Severe traumatic event.
EXCESSIVE WORKLOADS
Are the demands that the work imposes on the worker and that exceed his capacity, they can be cognitive, emotional of responsibility, as well as contradictory or inconsistent.
The workday and shift rotation, when they exceed what is established in the Federal Labor Law.
HAZARDOUS OR UNSAFE WORKING CONDITIONS
Identification of unsafe or hazardous conditions of physical, chemical or biological agents or ergonomic or psychosocial risk factors capable of modifying the conditions of the work environment (depending on the business line or prevailing activities).
WORKPLACE VIOLENCE
Acts of harassment, discrimination, harassment or mistreatment against workers, which may harm their integrity, including sexual harassment in the workplace.
Mistreatment of workers occurs at all levels of the organization when there are racist and classist managers, to the extent of choosing personnel with specific physical characteristics, and dismissing those who are outside the established standards of image.
SEVERE TRAUMATIC EVENT
We are in the presence of it when an accident has occurred in the workplace or during the logical path, and workers resume their work without psychological treatment to address the consequences and sequelae of the incident.
OBJECTIVE OF THE STANDARD
To establish the elements to: Identify; Analyze; prevent psychosocial risk factors; and promote a favorable organizational environment in workplaces.
EMPLOYER OBLIGATIONS
By way of example, but not limited to. Implement in writing and disseminate in the workplace a psychosocial risk prevention that includes:
- Psychosocial risk prevention protocols;
- Workplace violence prevention manuals, and
- The promotion of a favorable organizational environment.
HOW DO I DO IT?
First of all, it is necessary to carry out the identification and analysis of the psychosocial risk factors and evaluation of the favorable organizational environment:
- Identify workers who were subject to traumatic and/or severe events during or because of work (accident in the workplace or commuting, assaults, kidnappings, etc.).
- Assess the organizational environment.
- The assessment is carried out through the application of questionnaires.
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