A psychosocial risk factor is defined by this regulation as “a situation that can engender anxiety, non-organic sleep-wake cycle and severe stress and adaptation, derived by the nature of the job duties, the type of work shift and exposure to severe traumatic events or acts of violence against the worker for the work done. These situations can include dangerous and unsafe conditions in the work environment; the  workloads when they exceed the capacity of the worker; lack of control over work (possibility of influencing the organization and development of work when the process allows it); working hours longer than those provided for in Federal Law of Work, rotation of shifts that include night shift and no periods of recovery and rest; interference in the work-family relationship; and negative leadership and relationships at work.”

This technical regulation extends employers’ obligations deriving from Regulation No. 30 (NOM 030-STPS) on occupational health and safety at work. Firstly, by developing policies to prevent psychosocial risks, and secondly by evaluating the level of risk within the workplace and by promoting a favourable working environment.

The norm differentiates between provisions applicable to micro companies (up to 15 employees), small companies (between 16 and 50 employees) and medium ones (more than 50 employees). The policies aimed at preventing psychosocial risks include a process of identification of workers at risk and the establishment of a mechanism to present complaints and denounce violence at work.

The second phase of evaluation obliges employers to fill in a questionnaire related to the employees’ exposure at risk, an evaluation of the working environment, followed by a  medical examination.  

(Source of the picture: Law Firm Yllanes Ramos, 2020)