APPLICATION OF SURVEYS TO WORKERS
The way in which we are going to obtain the information is through the application of surveys to the workers. What should the surveys contain to identify and analyze the psychosocial risk factors and the evaluation of the organizational environment?
The surveys to the workers should contemplate, among other aspects, the following ones:
- Work environment conditions, refers to dangerous, unsafe, deficient and unhealthy conditions.
- Workloads, demands that the work imposes on the worker and that exceeds his capacity, quantitative, cognitive, mental or emotional.
- Lack of control, the impossibility of participation in the work.
- Working hours, working hours that exceed those established by law.
- Interference in the work-family relationship, arises when there is a conflict between family or personal activities and work responsibilities.
RESULTS OF THE SURVEYS
The result of the identification and analysis of psychosocial risk factors and the evaluation of the organizational environment should be included in a report containing the following:
- Workplace data;
- Main activities carried out in the work center;
- Method used;
- Results obtained;
- Conclusions; and
- Recommendations and actions, among others.
Companies should establish actions for the prevention of psychosocial risk factors that promote social support, dissemination of information and training; have safe and confidential mechanisms for receiving complaints about practices opposed to a favorable organizational environment and for reporting acts of workplace violence; carry out actions that promote workers’ sense of belonging to the organization; training for the proper performance of tasks; regular working hours; and recognition of performance.
RESULT OF THE IMPLEMENTATION OF THE STANDARD
- Sense of belonging
- Training and capacity building
- Precise definition of responsibilities
- Proactive participation and communication
- Distribution of the workload through regular workdays
- Recognition of performance.
- Once the results of the survey analysis are obtained, the needs of each work center are determined and internal regulations, codes of ethics, anti-harassment protocols, programs to promote workplace communication, among other free-form formats are developed.
They should contain the actions and programs in the prevention and management of the required actions, depending on the needs detected in the company.
HYPOTHESIS OF FINES
The fines to which the work center that does not carry out the implementation of NOM035 will be subject are established in the Federal Regulation on Occupational Safety and Health in the Workplace in numeral 43 in the following terms;
“Article 43. Regarding the Psychosocial Risk Factors of the Work Center, employers shall:
I. Identify and analyze the jobs with psychosocial risk due to the nature of their functions or the type of workday; (article 115, from 50 to 100 UMAS).
II. Identify workers who were subjected to severe traumatic events or acts of Workplace Violence, and clinically evaluate them; (article 115, from 50 to 100 UMAS)
III. Adopt the pertinent preventive measures to mitigate the Psychosocial Risk Factors; (article 120, from 250 to 5000 UMAS)
IV. To perform examinations or clinical evaluations to the Personnel Occupationally Exposed to Psychosocial Risk Factors, as required; (article 119, from 50 to 3000 UMAS)
V. Inform workers about possible health alterations due to exposure to Psychosocial Risk Factors; and (article 117, from 50 to 100 UMAS).
VI. Keep records on the preventive measures adopted and the results of examinations or clinical evaluations. The following are aspects to be considered within the Psychosocial Risk Factors that derive from the nature of the job functions: the Dangerous Conditions inherent to the job; when it is performed under Unsafe Conditions; that demands high responsibility, or requires intense concentration and attention for prolonged periods. (article 118, from 50 to 2000 UMAS).”
USEFUL ARGUMENTS FOR DEFENSE AGAINST FINES
The following are some of the arguments that may be useful in the defense of the work center, in the event of a sanction for non-compliance with NOM035.
- Due substantiation and motivation (review that the authority justifies its material and territorial competence).
- Arithmetic procedures and updates.
- Principle “non bis in idem”.
- Principle of typicality.
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