What is NOM-035-STPS?
The Federal Labor Law, following its 2012 reform, and the 2014 Federal Regulations on Occupational Safety and Health incorporated psychosocial risk factors and a favorable organizational environment among employer obligations. NOM-035 elaborates on these obligations with a specific technical instrument: it defines psychosocial risk factors as those that can cause anxiety disorders, non-organic sleep-wake cycle disorders, and severe stress and adjustment disorders, stemming from the nature of job functions, the type of work schedule, and exposure to severe traumatic events or acts of workplace violence.
The standard applies to all workplaces in the country and grades the obligations into three levels: up to 15 workers, from 16 to 50 and more than 50. The smallest centers must implement the policy, adopt prevention measures, identify workers exposed to severe traumatic events and disseminate information; from 16 workers onwards, the identification and analysis of psychosocial risk factors is added, and from 51 onwards, the evaluation of the organizational environment, with the reference questionnaires of the guides of the standard itself.
It is one of the first mandatory national standards on psychosocial risks in Latin America and has served as a reference for other countries. It is not a standard on individual stress nor a clinical instrument: its purpose is to identify and correct work organization conditions that can cause harm.
Main obligations
- Prevention policy. Establish in writing, implement, maintain and disseminate a policy for the prevention of psychosocial risks that includes the prevention of risk factors, the prevention of workplace violence and the promotion of a favorable organizational environment.
- Identification and analysis. Identify and analyze psychosocial risk factors in centers with more than 15 workers, applying the questionnaires from reference guides II or III depending on the size, at least every two years.
- Organizational environment. Evaluate the organizational environment in centers with more than 50 employees: sense of belonging, training, control over work, recognition, leadership and relationships.
- Prevention and control measures. Adopt measures to prevent and control the identified factors, with an action program when the results are at a medium, high or very high level, and promote social support and a favorable environment.
- Severe traumatic events. Identify exposed workers and refer them to medical or psychological care, using reference guide I.
- Medical examinations and psychological evaluations. These should be carried out on workers exposed to high or very high risk factors or severe traumatic events, in accordance with applicable regulations.
- Dissemination and information. Inform workers about the policy, measures, grievance mechanisms and evaluation results.
- Records. Keep the results of the identifications and assessments, the measures taken and the medical examinations for the established period.
Instruments and compliance
- Reference guides. The standard includes five reference guides: Guide I (questionnaire on severe traumatic events), Guide II (questionnaire on psychosocial risk factors in centers with 16 to 50 workers), Guide III (questionnaire on psychosocial risk factors and organizational environment in centers with more than 50), Guide IV (example of a psychosocial risk prevention policy) and Guide V (worker data).
- Complaints mechanism. Obligation to establish secure and confidential mechanisms to receive complaints about practices contrary to a favorable organizational environment and about acts of workplace violence.
- Inspection. The STPS verifies compliance through inspections in accordance with the General Regulations for Labor Inspection, with sanctions provided for in the Federal Labor Law.
- Conformity assessment. It can be accredited through inspection units accredited and approved by the STPS.
- Relationship with other standards. It is complemented by NOM-030-STPS on preventive safety and health services and by the Federal Labor Law on harassment and bullying.
Organizational application: how to comply with NOM-035
- Determine the applicable bracket for each workplace based on the number of employees and the corresponding obligations.
- Draft, approve and disseminate the policy for the prevention of psychosocial risks, workplace violence and the promotion of a favorable organizational environment.
- Apply the questionnaires from reference guides II or III with guarantees of confidentiality and participation, and analyze the results by center and area.
- Develop the program of prevention and control measures when the results reach medium, high or very high levels, with responsible parties, deadlines and follow-up.
- Establish the complaints mechanism and the procedure for assisting workers exposed to severe traumatic events.
- Conduct the required medical examinations and psychological evaluations and manage the referral to specialized care.
- Keep records, inform staff, and repeat the identification process at least every two years.
Preventive management software allows you to apply questionnaires, calculate risk levels per center, plan measures, and keep records and evidence that the STPS may require.
Limits and common mistakes
- Reducing the standard to the application of questionnaires without adopting prevention and control measures.
- Using the results to evaluate people instead of organizational conditions, or violating confidentiality.
- Apply a single set of obligations to the entire company without analyzing each workplace.
- Omitting the complaints mechanism or failing to publicize the policy and results.
- Confusing the norm with a clinical instrument for diagnosing individual stress.
- Do not repeat the identification process within a maximum period of two years or in the event of relevant organizational changes.
The official text can be found in the Official Gazette of the Federation and on the STPS website; this information sheet is for informational purposes only.
Practical example
Situation: A Spanish company in the call center sector opens a center in Guadalajara (Jalisco) with 220 employees.
- Applicable range. Upon exceeding 50 employees, the center must comply with all obligations: policy, identification of risk factors, assessment of the organizational environment, measures, attention to traumatic events, complaint mechanism and dissemination.
- Evaluation. Apply the questionnaire from Reference Guide III confidentially, analyze the results by area, and detect high levels of workload, pace, and lack of control over the work.
- Measures. Action program with review of call-handling time targets, breaks, task rotation, management training in leadership and recognition, and strengthening of the complaints mechanism.
- Follow-up. Recording of results and measures, medical examinations of workers with high results, dissemination of the policy and new identification after two years.
Regulatory and reference framework
- NOM-035-STPS-2018, Official Gazette of the Federation . Official text of the standard on psychosocial risk factors at work.
- Ministry of Labor and Social Welfare: NOM-035-STPS-2018 . Official information and support materials.
- Information guide NOM-035-STPS-2018 (STPS) . Official guide for the application of the standard.
- Federal Labor Law . Legal framework of employer obligations in safety and health.
- Federal Regulations on Occupational Safety and Health (2014) . Obligations regarding psychosocial risk factors and a favorable organizational environment.
The STPS publishes reference guides and support materials for the application of the standard; accredited inspection units can certify conformity.
