NOM-035 is the official Mexican standard issued by the Ministry of Labor and Social Welfare and aims to identify, analyze and prevent psychosocial risk factors, as well as to promote a favorable organizational environment, it was issued at the end of 2018 and the two phases it contemplates, are already in force.
Psychosocial risk factors and elements of the favorable organizational environment derive from the nature of the job, i.e. the conditions in which the activities are performed, so the analysis of these elements implies an evaluation of the conditions in which the workers carry them out.
The increasing pressure of work demands and the lack of an appropriate culture in the organization causes the physical and/or emotional saturation of the personnel, generating an imbalance whose symptoms can be: emotional, cognitive, physiological and behavioral that derive from addictions, alcoholism, drug addiction, labor violence, among others.
For example, a worker who shows excessive irritability, uncontrollable crying, difficulty concentrating, forgetfulness, confusion or physiological problems such as muscle contractions, headaches, sleep problems, distraction, are probably manifestations of work-related stress.
In accordance with the Federal Regulation on Occupational Safety and Health and the Standard itself:
– Psychosocial Risk Factors: Those that can cause non-organic anxiety disorders of the sleep-wake cycle and severe and adaptive stress, 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, due to the work performed.
– Favorable Organizational Environment: One that promotes the sense of belonging of workers to the company; training for the proper performance of the tasks entrusted; the precise definition of responsibilities for workers; participation and communication among workers; adequate distribution of workloads, with regular workdays in accordance with the Federal Labor Law, evaluation and recognition of performance.
¿To whom NOM 035 applies?
In order to guarantee its effectiveness, it applies to all work centers and is in force throughout the country.
¿What is it?
The opportunity to enhance the capabilities of the organization through good practices that promote well-being. By taking care of the emotional health of employees, companies generate a stronger bond capable of attracting and retaining the best talent, making compliance with NOM-035 self-sufficient by generating a work culture around it.
¿What isn’t it?
There are misconceptions and false expectations such as the following:
- Employers are obliged to deal with work-related stress
- All employees must undergo medical examinations
- NOM-035 will force the reduction of working days
- Increased salaries are needed to avoid stress
¿What do I need to comply with?
Prevention measures. – The company should establish prevention programs and actions, which should help to define and establish promotion policies, providing safe and confidential mechanisms for receiving complaints, monitoring work and providing social support, eradicating workplace violence and balancing workloads. Prevention also includes recognition at work, work-family balance, communication at work and training in accordance with the activity of the position.
Control measures. – The control measures that the organization should have in place include intervention programs, specific evaluations, first, second and third level interventions, identification of psychosocial risk factors, work environment conditions, working hours and shift rotation, as well as workloads, interference in the work-family relationship, leadership and possible negative relationships at work.
The employees’ obligations are basically to help identify psychosocial risk factors by means of questionnaires, to report acts of workplace violence or practices opposed to a favorable organizational environment, to report if they suffered or witnessed a severe traumatic event, to participate in information events and to follow prevention measures, collaborating to achieve a favorable organizational environment.
Among the benefits shown by the implementation of NOM-035 are:
- Life and work in balance, Satisfaction with your career and improved performance
- Certainty of the activities to be performed, reducing job anxiety
- Better work environment by knowing your place in the company and understanding how you contribute to the company’s success.
- Identify psychosocial risk factors (centers with 16-50 workers). If they have more than 50 workers, also evaluate the organizational environment.
- Identify workers who were subjected to severe traumatic events, and send them for clinical assessment.
- Perform examinations or clinical evaluations to workers who require it.
- Inform workers about prevention and control measures.
- Keep records on control measures and results.
- Establish a psychosocial risk prevention policy.
- Adopt relevant prevention and control measures.
- Create loyal employees
- Retention of employees and the customer receives more experienced services
- Productivity improvement is encouraged
- IMSS risk premium is lower
- Employees are aligned with the company’s mission, vision and objectives.
- The company makes itself attractive to attract better qualified talent
- Improved work environment
- Avoiding fines
¿What happens if we don’t implement it?
- The authority sets fines ranging from $4,224.00 to $422,450.00 per worker and for each non-compliant action.
- In addition, psychosocial risks are the main causes of absenteeism, which accounts for 7.3% of the payroll costs of Mexican companies and the loss of 23.80% of productivity.
- Even more damaging can be presenteeism (300% more costly than a day of non-attendance) which is when workers are physically at the workplace, but are performing activities completely different from those expected of them.
- Similarly, mobbing can cost the company millions of dollars in lawsuits.
¿What do we offer you at Jigyou Support Strategy?
Establish the program, review of results, evaluation and establishment of the solution to correct omissions or failures in your company with respect to NOM-035, which should already be applied in all companies.