How does avoiding implementation of NOM 035 affect your company?
If NOM 035 is not yet implemented in your company, it is quite likely to be fined by the Mexican Ministry of Labor and Social Welfare (Secretaria del Trabajo y Previsión Social, or STPS). In the following paragraphs, some aspects relevant to NOM 035 will be described, these will include levels and the possible sanctions that may be expected if failing to implement it in a timely manner.
NOM 035 is aimed to promote a favorable organizational environment at the workplace through identification, analysis, and prevention of psycho-social risk factors.
This regulation in itself sets the rules for the development of two different phases – implementation and evaluation:
Phase One: Implementation effective as of October 23, 2019
- Definition of psycho-social risks preventive measures.
- Identification of workers exposed to serious traumatic events.
- Creation of measures aimed to promote favorable organizational environments.
- Share information about NOM 035 at the workplace.
Phase Two: October 22, 2020 Evaluation
- Evaluation of measures aimed to prevent psycho-social risks.
- Aftercare measures for those workers identified as victims of psycho-social risks.
- Evaluation of a favorable organizational environment at the workplace.
- Individual registration and evaluation of employees.
How important is NOM 035‘s Phase Two?
Phase Two is crucial for Labor authorities, i.e. the Ministry of Labor and Social Welfare (STPS), expect NOM 035 is fully implemented at this point. As of October 23, 2020 companies should be prepared to receive the STPS’s continous visits.
What happens if NOM 035 is not yet implemented at the time of an inspection visit?
If a labor authority shows up with the purpose to inspect implementation of NOM 035 at the workplace and this has not been yet implemented, then the consequences could be dreadful for the company as the fines set out in the Federal Labor Law (Ley Federal del Trabajo) are extremely high. In accordance with Article 994 from the Federal Labor Law, the fine for NOM 035 poor implementation is $434,400 MXN per worker.
Therefore, depending on the company’s size, a NOM 035 non-compliance results in astronomic costs for the company. To avoid the fines that may be imposed by the STPS to any company in the country, imlementation of proper prevention policies as well as the creation of relevant documentation in the event of a visit by the STPS is crucial.
If you want to learn more about NOM 035 implementation in your company, please do not hesitate to contact our WMP Legal department.