How Labor Solutions Can Support Business Compliance with NOM-35 in Mexico

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Mexico is making mental health mandatory in all workplaces. With Phase 1 released in October 2019 and going into full effect in October 2020, Mexican Labor Law NOM-035-STPS-2018 mandated that companies identify, analyze, and prevent occupational psychosocial risk factors while promoting a favorable workplace.

No matter what type of company you may be, Labor Solutions can support you in deploying the NOM-035 survey and meeting the requirements you need to get your business compliant.

Background:


Addressing poor psychosocial conditions at work increases participation and productivity and reduces employee turnover. The UN’s International Labor Organization (ILO) estimates that 50-60% of all lost workdays can be attributed to workplace stress.

This issue is especially acute in Mexico, where according to Instituto Mexicano Del Seguro Social, 75% of Mexicans suffer from work related stress; more than citizens of China or the US. Now is the time for companies operating in Mexico to reduce psychosocial risks in their workplaces and get NOM-035 compliant.


The law: Here’s what you need to know about NOM-035: NOM-035 requirements and obligations for employers can be grouped in the following categories:

  1. Create and establish policies for the prevention of psychosocial risk factors.

  2. Adopt measures to prevent and control psychosocial risk factors.

  3. Identify and bring to attention workers that have been exposed to severe traumatic events such as accidents, assaults, instances of violence, kidnappings, or situations where their life or health is compromised.

  4. Identify psychosocial risk factors using a worker survey.

  5. Identify psychosocial risk factors and evaluate the workplace using a worker survey.

  6. Take actions and control measures on the psychosocial risk factors identified in the workplace.

  7. Practice medical examinations and evaluations of workers that have been exposed to risk factors.

  8. Publish a summary of surveys’ results and the information about the prevention measures, the implemented measures, and the tools to report bad practices.

  9. Record keeping and evidence handling in relation to each obligation indicated

How we can help:


1. As the industry leader with eight years’ experience designing and implementing surveys that engage, educate, and connect workers, Labor Solutions can roll out NOM-035’s required survey with your company, including its specific scoring and weighting requirements.


The purpose of NOM-035’s survey is to identify occupational psychosocial risk factors and assess conditions for a favorable workplace and is mandatory for every workplace in Mexico.

No matter the size of your team, we can help. One of our recent surveys reached over 350,000 workers. Leveraging our experience getting real results and follow through from surveys, we can turn your NOM-35 compliance obligation into an opportunity for promoting decent work conditions across your supply chain.

2. Our customizable mobile app and digital user dashboard WOVO allows workers companies to roll out the NOM-035 survey more efficiently than a paper audit.


The law suggests using a digital tool to deploy the NOM-035 survey. Our WOVO Dashboard allows companies to monitor NOM-035 survey results live with built-in analytics, so employers can identify, assess, and remediate psychosocial risks as they arise. WOVO can also streamline your data through integrating NOM-035 requirements into your company’s standard worker survey or variations of the industry standard Nike Employee Well-Being (EWB) Survey.

To reach more workers and identify issues as they arise, our anonymous two-way worker communication tool Connect can be integrated into a company’s NOM-035 rollout. This allows workers to safely and confidentially raise issues to management as they arise, allowing for faster and easier responses to psychosocial risks. 3. Labor Solutions offers tailored, bespoke solutions that meet facilities and brands where they are to establish actionable policies to prevent psychosocial risks from arising in their supply chains.

Facility follow-up on psychosocial risk cases is an obligation under NOM-035. While helpful, drafting policies and procedures around intangible social issues – especially on sensitive and ambiguous topics like psychosocial risks – often devolve into tick-box exercises. Facilities might fill out a sheet or sign a document without knowing or being incentivized to act on results. Not every facility or company is at the same level of knowing or understanding how to prevent psychosocial risks. Labor Solutions can leverage our experience to meet you where you are and get the follow-up you need.

Complying with NOM-35 prevents short-term regulatory risks. But working with Labor Solutions on NOM-35 compliance is one step towards a more holistic solution for your business: helping your workforce thrive. Surveys are crucial to preventing occupational psychological risks and promoting a favorable workplace, but they are just the first step of an effective, holistic employee engagement program. Factory buy-in on survey results, follow-through, continuous improvement for workers’ everyday experience, and educational tools such as Labor Solutions’ eLearning platform are essential to worker and employer success. Get in touch with Labor Solutions to find out how you can use NOM-035 requirements as a jumping off point to build your team’s Worker Engagement Strategy.