Psychosocial Risk Factors Standard

Overview

Official Mexican Standard NOM-035-STPS-2018, titled "Psychosocial Risk Factors at Work – Identification, Analysis and Prevention," represents a landmark regulation in Mexico aimed at safeguarding the mental and emotional well-being of workers. Published on October 23, 2018, by the Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social, STPS), this standard establishes a comprehensive framework for employers to identify, analyze, and prevent psychosocial risk factors that can negatively impact employees. Its core objective is to foster a favorable organizational environment, thereby reducing the incidence of work-related stress, anxiety, sleep disorders, and other psychological ailments, as well as preventing work violence.

Historically, Mexican labor law has primarily focused on physical safety and hygiene in the workplace. NOM-035 marks a significant shift by formally recognizing the profound impact of psychosocial factors on worker health and productivity. This standard was developed in response to growing global awareness of mental health in the workplace and the need for a preventive approach to occupational risks beyond physical hazards. It underscores the understanding that a healthy work environment extends beyond the absence of physical harm to include psychological safety and well-being. The standard's introduction reflects Mexico's commitment to aligning its labor regulations with international best practices and recommendations from organizations like the International Labour Organization (ILO).

The implementation of NOM-035 is crucial for both employers and employees. For employers, it mandates a proactive approach to managing workplace stressors, which can lead to improved employee morale, reduced absenteeism, increased productivity, and lower turnover rates. For employees, it provides a legal framework for protection against harmful psychosocial conditions, empowering them with the right to a healthy and safe work environment that supports their mental health. The standard's phased entry into force, with general provisions taking effect in October 2019 and more complex requirements for risk identification and analysis in October 2020, allowed organizations time to adapt and implement the necessary changes, emphasizing a structured and gradual transition towards comprehensive psychosocial risk management.

Definitions

NOM-035-STPS-2018 introduces several key definitions essential for understanding its scope and application. A central concept is "Psychosocial Risk Factors," which are defined as those conditions in the workplace that, due to their nature, can cause stress, anxiety, sleep disorders, and other psychological or physical health problems. These factors encompass aspects such as excessive workloads, lack of control over work, poor work-life balance, work violence, inadequate leadership, and insufficient social support. The standard emphasizes that these factors are not inherent to the individual but arise from the organization of work, the social environment at work, and the characteristics of the job itself.

Another critical term is "Favorable Organizational Environment," which the standard defines as a workplace where a sense of belonging is promoted, training is provided for the proper performance of tasks, responsibilities are clearly defined, active participation and effective communication are encouraged, workloads are distributed fairly, and performance is recognized. This environment also includes the prevention of work violence and the promotion of a balance between work and personal life. The concept of a favorable organizational environment is not merely the absence of psychosocial risks but the active cultivation of positive conditions that support worker well-being and productivity.

The standard also defines "Work Violence" as acts of harassment, mistreatment, abuse, or intimidation that occur in the workplace or in connection with work. This can manifest as psychological, physical, or sexual violence. Recognizing work violence as a significant psychosocial risk factor, NOM-035 places a strong emphasis on its prevention and the establishment of mechanisms for its reporting and resolution. Other defined terms include "Worker" (any person who performs a service under the subordination of an employer), "Workplace" (the physical space where work activities are carried out), and "Identification and Analysis of Psychosocial Risk Factors" (the process of evaluating the presence and magnitude of these factors through specific methodologies).

Covered Employers

NOM-035-STPS-2018 applies to all workplaces in Mexico, but the specific obligations vary depending on the number of employees. This tiered approach ensures that the requirements are proportionate to the size and resources of the organization. Workplaces are categorized into three groups: those with up to 15 employees, those with 16 to 50 employees, and those with more than 50 employees. This differentiation allows for a more practical and scalable implementation of the standard's provisions, recognizing that smaller businesses may have different capacities compared to larger corporations.

For workplaces with up to 15 employees, the obligations are primarily focused on establishing a policy for the prevention of psychosocial risks, disseminating information to workers, and implementing mechanisms for receiving complaints about work violence. These smaller entities are not required to conduct a formal identification and analysis of psychosocial risk factors or an evaluation of the organizational environment through surveys, but they must still ensure a safe and healthy work setting. The emphasis for this group is on foundational preventive measures and clear communication regarding workplace conduct and support systems.

Workplaces with 16 to 50 employees have additional responsibilities. In addition to the requirements for smaller entities, they must identify and analyze psychosocial risk factors using a methodology that includes a diagnostic evaluation. They are also required to implement control measures and conduct an evaluation of the organizational environment using specific questionnaires. For workplaces with more than 50 employees, the most comprehensive set of obligations applies. This group must fulfill all the requirements for the previous categories, but their identification and analysis of psychosocial risk factors must be more extensive, and their evaluation of the organizational environment must be conducted using a specific, more detailed questionnaire provided by the standard. All employers, regardless of size, must document their compliance and make it available to the STPS upon request.

Employee Rights

Under NOM-035-STPS-2018, employees are granted several important rights aimed at protecting their mental and emotional well-being in the workplace. Foremost among these is the right to a work environment free from psychosocial risk factors and work violence. This fundamental right underpins all other provisions of the standard, ensuring that employers are legally obligated to create conditions conducive to psychological health. Employees have the right to be informed about the psychosocial risk policy, the measures implemented to prevent these risks, and the mechanisms available for reporting work violence or other adverse psychosocial events.

Workers also have the right to participate in the identification and analysis of psychosocial risk factors, typically through surveys or questionnaires provided by the employer. Their honest and confidential feedback is crucial for employers to accurately assess the workplace environment and develop effective prevention strategies. Importantly, the standard prohibits any form of retaliation against employees who report psychosocial risks or work violence, or who participate in the diagnostic evaluations. This protection is vital for encouraging open communication and ensuring that employees feel safe to voice concerns without fear of negative repercussions, thereby fostering a culture of trust and transparency.

Furthermore, employees have the right to receive medical examinations and psychological support, if necessary, as a result of exposure to psychosocial risk factors. If a worker is diagnosed with a condition stemming from such exposure, the employer must refer them to the appropriate medical or psychological services. While NOM-035 does not directly address rights related to pay comparison or wage discussion, it indirectly contributes to a fair and equitable work environment by mandating a favorable organizational culture that values respect and dignity. The standard reinforces the broader principle that all workers deserve a workplace where their well-being is prioritized, which can contribute to overall job satisfaction and a sense of fairness, even if not explicitly tied to remuneration.

Pay Transparency Requirements

Official Mexican Standard NOM-035-STPS-2018 does not contain any provisions related to pay transparency. Its scope is exclusively focused on the identification, analysis, and prevention of psychosocial risk factors in the workplace and the promotion of a favorable organizational environment. Therefore, the standard does not mandate requirements for job posting salary ranges, disclosure of pay scales, or any other form of wage-related transparency. The regulatory framework for pay transparency in Mexico is governed by other specific labor laws and regulations, which are distinct from the objectives and content of NOM-035.

The absence of pay transparency requirements within NOM-035 is consistent with its stated purpose, which is centered on mental health and psychosocial well-being, rather than economic equity or wage practices. Employers are not required by this standard to publish salary information, provide pay equity reports, or disclose individual or aggregate wage data. The standard's emphasis is on the organizational and social aspects of work that can lead to stress, burnout, and violence, such as excessive workloads, lack of control, poor leadership, and work-life imbalance, rather than the financial aspects of employment.

While a favorable organizational environment, as promoted by NOM-035, might indirectly contribute to a sense of fairness and equity in the workplace, this does not extend to explicit mandates for pay transparency. The standard's focus remains on the psychological and social dimensions of work. Any requirements for pay transparency, pay gap reporting, or equal pay audits would fall under different legislative instruments within Mexican labor law, which address economic discrimination and wage equity directly. Therefore, employers seeking guidance on pay transparency obligations must consult other specific regulations and not NOM-035-STPS-2018.

Reporting & Audit Obligations

NOM-035-STPS-2018 imposes specific reporting and documentation obligations on employers, primarily centered around the identification, analysis, and prevention of psychosocial risk factors. These obligations are tiered based on the size of the workplace. Employers with 16 to 50 employees, and especially those with more than 50 employees, are required to conduct a formal identification and analysis of psychosocial risk factors. This involves applying specific methodologies, often through questionnaires or surveys, to assess the presence and magnitude of these factors within their organization. The results of these assessments must be documented and maintained.

Furthermore, employers must document the implementation of control measures designed to prevent or mitigate identified psychosocial risks. This includes records of training programs, communication strategies, adjustments to work organization, and any other actions taken to improve the organizational environment. For workplaces with more than 50 employees, an evaluation of the organizational environment must also be conducted using a specific questionnaire provided in the standard, and the results of this evaluation must be recorded. These records serve as evidence of compliance and must be made available to the Secretaría del Trabajo y Previsión Social (STPS) upon request during inspections.

The standard does not mandate regular public reporting of psychosocial risk data, nor does it require external audits in the same way financial or environmental audits might be conducted. Instead, compliance is primarily verified through internal documentation and inspections by the STPS. Employers are responsible for ensuring the confidentiality of individual employee responses to surveys and for presenting aggregated, anonymized data. The frequency of these assessments and evaluations is generally every two years for workplaces with 16 to 50 employees, and every two years for those with more than 50 employees, or when significant changes occur in the workplace that could alter psychosocial risk factors. These obligations are distinct from any pay-related reporting or audit requirements, as NOM-035 does not address wage equity or pay gap analysis.

Governance & Enforcement Bodies

The primary governance and enforcement body responsible for overseeing compliance with NOM-035-STPS-2018 is the Secretaría del Trabajo y Previsión Social (STPS), which is Mexico's Ministry of Labor and Social Welfare. The STPS is the federal agency tasked with regulating labor conditions, promoting employment, and ensuring occupational safety and health across the country. Within the STPS, various departments and inspectorates are responsible for conducting inspections, verifying compliance with labor laws and standards, and imposing sanctions for non-compliance. The STPS is empowered to interpret the standard, issue guidelines, and provide training to facilitate its implementation.

The STPS carries out its enforcement duties through a system of labor inspections. Inspectors visit workplaces to verify that employers are fulfilling their obligations under NOM-035, such as having a psychosocial risk prevention policy, conducting the required assessments, implementing control measures, and maintaining proper documentation. These inspections can be routine, triggered by complaints, or in response to specific incidents. Employers are required to cooperate with inspectors and provide all necessary information and documentation to demonstrate compliance. The STPS also plays a crucial role in disseminating information about the standard and providing resources to help employers understand and meet their obligations.

Employees who believe their employer is not complying with NOM-035 or who experience work violence or other psychosocial risks can file a complaint with the STPS. The STPS then has the authority to investigate these complaints, which may lead to an inspection of the workplace. This complaint mechanism is an important aspect of the standard's enforcement, providing a channel for workers to seek redress and ensuring accountability for employers. While the STPS is the central authority, state labor secretariats may also play a role in local enforcement and awareness campaigns, working in coordination with the federal body to ensure widespread adherence to the standard.

Monitoring & Evaluation

Monitoring and evaluation of compliance with NOM-035-STPS-2018 are primarily conducted through inspections carried out by the Secretaría del Trabajo y Previsión Social (STPS). The STPS inspectors are authorized to visit workplaces to verify adherence to the standard's provisions. During these inspections, they review documentation, interview employees and management, and observe workplace conditions to assess whether the employer has effectively identified, analyzed, and prevented psychosocial risk factors and promoted a favorable organizational environment. The inspection procedures are designed to be thorough, covering all aspects of the standard relevant to the employer's size and obligations.

Complaints filed by employees regarding non-compliance or incidents of work violence serve as a significant trigger for investigations. When a complaint is received, the STPS initiates an investigation to determine its validity and the extent of the alleged non-compliance. This can lead to an unscheduled inspection. The investigation process typically involves gathering evidence, interviewing relevant parties, and reviewing the employer's records related to psychosocial risk management. The STPS aims to ensure that complaints are handled promptly and that appropriate actions are taken to address any identified violations, thereby reinforcing the protective nature of the standard for workers.

The frequency of audits and evaluations by employers themselves is stipulated by the standard. For workplaces with 16 or more employees, the identification and analysis of psychosocial risk factors, as well as the evaluation of the organizational environment, must be carried out at least every two years. This regular cycle ensures continuous monitoring and allows employers to adapt their prevention strategies as workplace conditions evolve. The evaluation criteria used by the STPS during inspections are based directly on the requirements outlined in NOM-035, including the existence of a policy, the conduct of assessments, the implementation of control measures, and the provision of information and training to employees. The STPS also monitors the overall implementation of the standard through statistical data on compliance rates and reported incidents, contributing to a broader understanding of its impact on national occupational health.

Enforcement & Penalties

Non-compliance with NOM-035-STPS-2018 can result in significant penalties for employers, as stipulated by the Federal Labor Law (Ley Federal del Trabajo) and other applicable regulations. The Secretaría del Trabajo y Previsión Social (STPS) is empowered to impose fines based on the severity and recurrence of the violations. The specific fine amounts are not directly stated within NOM-035 itself but are referenced in the Federal Labor Law, which sets out a range of economic sanctions for breaches of occupational safety and health standards. These fines can be substantial, designed to act as a deterrent and ensure employers take their obligations seriously.

Penalties typically range from 250 to 5,000 times the Unit of Measurement and Update (Unidad de Medida y Actualización, UMA), which is an economic reference value used in Mexico. As of 2024, the daily value of the UMA is approximately 108.57 Mexican pesos. This means fines could range from approximately 27,142.50 MXN to 542,850 MXN per violation. The exact amount within this range is determined by factors such as the number of affected workers, the gravity of the risk, the employer's economic capacity, and whether it is a first offense or a repeat violation. For instance, failure to implement a psychosocial risk policy, not conducting the required assessments, or not providing appropriate control measures can each incur separate fines.

In cases of severe or repeated non-compliance, the STPS may also order the temporary suspension of work activities in the affected areas or even the entire workplace until the violations are corrected. While criminal liability is not typically associated with violations of NOM-035 unless they lead to severe injury or death due to gross negligence, the economic and operational consequences can be significant. Employers have the right to appeal STPS decisions and imposed penalties through administrative and judicial channels, following established legal procedures. The enforcement framework underscores the Mexican government's commitment to ensuring a healthy and safe work environment, including the psychological well-being of its workforce.

Relationship to Other Laws

NOM-035-STPS-2018 operates within the broader framework of Mexican labor law, primarily complementing the Federal Labor Law (Ley Federal del Trabajo). The Federal Labor Law establishes the fundamental rights and obligations of workers and employers, including general provisions for occupational safety and health. NOM-035 provides specific, detailed regulations for a particular aspect of occupational health—psychosocial risk factors—which are not explicitly detailed in the broader law. Thus, it serves as a specialized instrument that operationalizes and expands upon the general principles of worker protection enshrined in the Federal Labor Law.

The standard also interacts with other Official Mexican Standards (NOMs) related to occupational safety and health. For instance, NOM-030-STPS-2009, which concerns preventive safety and health services in the workplace, provides a general framework for managing occupational risks, and NOM-035 can be seen as a specific application of this broader mandate. While NOM-035 focuses on psychosocial risks, other NOMs address physical hazards, chemical exposures, ergonomic risks, and emergency preparedness. Together, these standards form a comprehensive regulatory system aimed at ensuring a safe and healthy work environment across all sectors in Mexico.

It is important to note that NOM-035 does not conflict with laws pertaining to pay equity, non-discrimination, or wage regulation, as its scope is entirely distinct. Laws such as the Federal Law to Prevent and Eliminate Discrimination (Ley Federal para Prevenir y Eliminar la Discriminación) and specific provisions within the Federal Labor Law that address equal pay for equal work operate independently. While a favorable organizational environment promoted by NOM-035 can contribute to a more respectful and equitable workplace culture, it does not directly legislate on remuneration or pay practices. Therefore, employers must comply with both NOM-035 and all other relevant labor and anti-discrimination laws, as they address different, albeit sometimes complementary, aspects of worker protection and workplace fairness.

International Context

NOM-035-STPS-2018 aligns Mexico's labor regulations with international trends and recommendations concerning occupational safety and health, particularly in the area of psychosocial risks. The International Labour Organization (ILO), a specialized agency of the United Nations, has long advocated for comprehensive approaches to workplace safety and health, including the recognition and management of psychosocial factors. ILO Conventions such as the Occupational Safety and Health Convention, 1981 (No. 155), and its accompanying Recommendation (No. 164), provide a framework for national policies to prevent occupational accidents and diseases, which increasingly includes mental health aspects. While not directly related to ILO Conventions 100 (Equal Remuneration) or 111 (Discrimination in Employment and Occupation) which focus on pay equity, NOM-035 contributes to the broader goal of decent work by promoting a healthy and respectful work environment.

Globally, there has been a growing recognition of the economic and social costs associated with work-related stress, burnout, and mental health issues. Many countries and regional blocs, such as the European Union, have developed directives and guidelines to address psychosocial risks. For example, the European Framework Agreement on Work-related Stress (2004) and the European Framework Agreement on Harassment and Violence at Work (2007) provide a common understanding and practical guidance for employers and workers. NOM-035 positions Mexico among the leading nations in Latin America and globally that have enacted specific legislation to tackle these complex issues, moving beyond traditional physical safety concerns to encompass psychological well-being.

The standard's emphasis on prevention, identification, and analysis of psychosocial risks, along with the promotion of a favorable organizational environment, reflects a modern understanding of occupational health that is holistic and worker-centric. By mandating a systematic approach to these risks, Mexico is contributing to a global effort to create healthier and more sustainable workplaces. This international alignment not only enhances worker protection within Mexico but also facilitates international cooperation and the exchange of best practices in occupational safety and health, reinforcing Mexico's commitment to upholding international labor standards and promoting human rights in the workplace.

Implementation Timeline

Compliance Checklist

Sources and References