How to apply NOM 035 in times of COVID-19

Next, we will analyze the reality of the Mexican company at the time of COVID-19 in the application of NOM-035-STPS-2018, psychosocial risk factors at work, Identification, analysis and prevention.

 

The current situation derived from the COVID-19 pandemic has forced most of the companies that do not belong to the “essential companies” sector to operate remotely in the home office format.

 

This type of work, although it can increase productivity levels, has a negative side effect over time. The lockdown factor has been causing an increase in levels of stress, anxiety and depression. THEREFORE, it is time to evaluate the scope and impact of these points and take measures to improve working conditions, avoiding a drop in productivity, non-conformity and even breaking point.

 

To all this, it is important to know and make sure that all employees are in a favorable organizational environment, even when their work environment is their own home.

In accordance with the provisions of article 3, section Xl, of the Federal Regulations on Safety and Health at Work, a favorable organizational environment is one in which:

The sense of belonging of the workers to the company.
Training for the proper performance of the assigned tasks.
The precise definition of responsibilities for workers in the workplace.
Productive participation and communication between workers.
The adequate distribution of workloads, with regular working hours in accordance with the Federal Labor Law.
Performance evaluation and recognition.

On October 23, 2019, the Official Mexican Standard 035 (NOM-035-STPS-2018) came into force, much has been said about it and this has created endless doubts on the part of employers and confusion on the part of the workers about what this standard actually means.

The first thing to clarify is that NOM-035 does not measure stress, its only objective is for employers to identify and analyze psychosocial and occupational risk factors that are directly related to the health of employees, such as: an environment dangerous or unsafe work, unhealthy working conditions or a fast pace of work, which ends up deteriorating the health of the employee.

 

For this reason, it is important that business owners or the human resources area are clear about the factors that NOM-035 seeks to regularize, which are listed below:

Factors specific to the activity: evaluate how are the workloads ?; if there is a lack of control at work or there is a possibility of development.
Organization of working time: evaluate if the working hours are long or if there is interference in the work-family relationship.
Leadership and work relationships: identify what social relationships are like at work and if there is workplace violence.
Organizational environment: evaluate if there is a sense of belonging, feedback at work, if there is recognition or compensation towards collaborators and constant training.

To identify these risk factors it is necessary to meet certain requirements that are stipulated in NOM-035 and their compliance for 2020 will depend on the number of workers the company has.

 

For this reason, we tell you a brief guide to implement NOM 035 in your company or any other SME in your environment:

I.- In the first place, they should sensitize workers about what the NOM-035 is, what it consists of, what it is for and what its benefits are, emphasizing that it is to prevent.

 

II.- Apply to workers the REFERENCE GUIDE I that is included in NOM-035 and that can be consulted at the following link: https://www.dof.gob.mx/nota_detalle.php?codigo=5541828&fecha= 10/23/2018

 

Note: the guide brings a questionnaire with which workers who have suffered traumatic events can be identified, so it is important that when asking these questions, continuous monitoring is carried out to explain or support them in any doubt or situation.

 

III.- After completing the questionnaires, the results must be collected and a record of evidence must be made.

 

IV.- When the results are obtained, a review of the positions should be carried out and see if the personnel that is assigned is adequate or it is necessary to make changes to improve.

 

V.- The company must carry out a psychosocial risk prevention policy, which specifies that it is working on the prevention of psychosocial risk factors, that there is zero tolerance for workplace violence and commitment to achieve a favorable organizational environment.

 

VI.- In addition to this, an effective communication channel must be established where collaborators can ask for help or report

Do you know anyone who might be interested in this information?

Share this Page

Articles that might interest you

24 de Enero

Do you know what the Declaration of Brand Use and the Renewal of your brand is?

21 de Diciembre

What you should know about a sales contract

What is a sales contract? A contract of sale is a l...

23 de Noviembre

What is due diligence and main aspects of a real estate due diligence?

El due diligence, también conocido como "diligen...

11 de Noviembre

What is the procedure to register my trademark

A brand is used to give personality to the products and / or services of a co...

23 de Septiembre

RAISE GOODS OF THE STATE, FROM COMICITY TO LEGALITY

When the proposal to raffle off property confiscated by the state came up, ma...

19 de Septiembre

THE DEPENALIZATION OF ABORTION IN MEXICO

The decriminalization of abortion is an issue that has valid arguments both f...

02 de Septiembre

THE IMPORTANCE OF BRAND REGISTRATION: ELON MUSK VS STARGROUP

When it comes to competition between brands, it is normal to think of dispute...

26 de Agosto

Mexico could receive refugees from Afghanistan

As a result of the events that occurred on August 15, 2021 in Afghanistan, th...

15 de Julio

INVESTING IN CRYPTOCURRENCY, IS IT POSSIBLE IN MEXICO?

The

08 de Julio

The complaint to YosStop, justice or violation of Freedom of Expression?

After the complaint to YosStop, a Mexican YouTuber whose rea...

01 de Julio

New Law of Publicity for Transparency, Prevention and Combat of Improper Practices Regarding Adverti...

When we talk about advertising we are not onl...

24 de Junio

Returning To The Office After COVID-19, Can We Do It?

After a year of the pandemic and starting to ...

17 de Junio

CONACYT Approves the new Science, Technology, and Innovation Law

Legal Analysis  

09 de Junio

Elections in Mexico

Electoral Crimes  

03 de Junio

Climate Change and its consequences in the new era of Litigation

Due to the climate change situation and its c...

27 de Mayo

Gag Law in Mexico I Defend Abogados Gag Law

Gag Law in Mexico. Background: In November 20...

20 de Mayo

Breach of a contract and its possible consequences

Do you know the consequences o...

13 de Mayo

Outsourcing in Mexico

What to do after the ban on outsourcing?  ...

06 de Mayo

What is and which are the benefits of a Statutory Audit?

The statutory audit is a pre...

29 de Abril

Mexico’s Mobile Telephone Users National Registration

Legal debate on the use of biometric data in Mexico

22 de Abril

Armed children in Guerrero, legal or illegal?

This time we will talk about a very controver...

16 de Abril

Legal Analysis of the Public Service Concessions in Mexico

Public service is a state activity that can b...

10 de Abril

The Digitization of Legal Work in Mexico

The digitization of legal work in our courts of justice in c...

05 de Abril

Property Invasion Phenomenon in Quintana Roo

Unfortunately, there is a high rate of homeowners who are affected by

25 de Marzo

Is it a good idea to invest in real estate in Quintana Roo?

Investing in real estate is one of the safest, most successful, and profitab...

30 de Diciembre

Defend Abogados wishes you a Happy New Year 2021

This year 2020 is coming to an end, a year that filled us with changes both o...

24 de Diciembre

Why can I lose my children's parental authority? Mexico case.

In general terms, parental authority is the r...

18 de Diciembre

What is a Board of Directors for in Mexico?

The Boards of Directors are a very useful too...

11 de Diciembre

Legal Analysis on the Outsourcing Reform in Mexico

In previous weeks, the controversial statemen...

03 de Diciembre

The reasons why you need a Tax Lawyer

All companies, regardless of their sector and...

27 de Noviembre

Why do real estate agencies NEED a lawyer?

As we well know, all real estate or real esta...

20 de Noviembre

What is a Power of Attorney for Natural or Legal Persons for?

Powers of attorney are a document that can be...

12 de Noviembre

¿Escribiste un libro? Registra los Derechos de Autor de tu Obra

Whether you are a freelance writer, or a simp...

06 de Noviembre

The 5 Types of Lawyers that you need the most for your case

As we all know, the law is divided into many ...

30 de Octubre

What you NEED to know about Operating Licenses in Mexico

If you are about to start opening your own business, it is very important tha...

23 de Octubre

Avoid reaching a trial, ADR are the solution.

Do you know what ADR are? Alternative means of conflict...

20 de Octubre

How much do you know about the Cybersecurity Law in Mexico?

It is a reality that in our current daily life, the use of technologies and d...

12 de Octubre

Why are we THE BEST LAW FIRM in Cancun?

Defend Abogados ® has been established as a firm of lega...

02 de Octubre

What is a Lease Agreement for?

First of all you have to remember what a contract means. Acc...

25 de Septiembre

Why invest in a Legal Advice with a Law Firm?

Having the advice of an expert in law is essential for people, whether it is ...

17 de Septiembre

What you NEED TO KNOW about trademark registration in Mexico

If you are starting your business or it is already underway, it is important ...

10 de Septiembre

5 Tips to be a Successful Lawyer

Within the world of law, competition is fierce. There are a host of highly tr...

03 de Septiembre

Month of the testament September 2020: is it relevant?

In Mexico, September is not only the month of our national holidays, social c...

27 de Agosto

Alimony in Mexico 2020

For all people experiencing a

14 de Agosto

How to create a Mercantile Society in Mexico?

One of the important steps to be able to consolidate a company in Mexico is t...

05 de Agosto

Does your company meet all its tax obligations? Corporate Compliance helps you find out.

Every company, whether large, medium or small, has tax obligations. Regardle...

13 de Julio

The phenomenon of Domestic Violence in the COVID-19 era

The phenomenon of Domestic Violence in the COVID-19 era

03 de Julio

Corporate Legal Audit. Does my company need it?

The legal audit in contractual matters on civil and commercial areas, include...

26 de Junio

Legal advice for your company against the coronavirus contingency

Our current situation places us before a sanitary contingency of internationa...

12 de Junio

The 3 types of divorce in Mexico. Do you know them?

The 3 types of divorce in Mexico. Do you know th...

07 de Junio

Do you want to get divorced? 5 legal tips before filing your divorce

Do you want to get divorced? 5 legal tips before...

02 de Abril

¿Mi empresa necesita una Auditoría Legal?

En muchas ocasiones cuando estamos en el proceso de creación de una ...

02 de Abril

Family law: What is it, and what does it do for me?

"The family is the natural and fundamental element of society and has the...

25 de Marzo

How to Choose a Good Lawyer? (5 Important Tips).

According to many of the most famous characters in history, popular opinion i...

20 de Marzo

Repercussions of Tax Evasion in Mexico

At DEFEND Abogados, we believe that the law and the...

26 de Febrero

Use of Plastics gets Prohibited in Benito Juarez, Q.Roo

Last Thursday, February 21 of 2019 at the XI Ordinary Session, the Government...

18 de Febrero

OPINION COLUMN: Back to Basics.

Reflecting on recent events related to the problem known today as "

25 de Enero

Legal Audit: What is it for?

"The task of the company is to examine ... each of the activities that cr...

03 de Enero

DEFEND´s New Year Resolutions to consider this 2019

Opportunities. That is what every New Year means: a ser...

11 de Diciembre

4 Benefits of our Litigation Services

"Justice delayed is Justice denied" William E. Gladstone....

30 de Noviembre

4 Benefits of our Legal Advice and Consulting

At DEFEND Abogados, our mission has always been to provide you with real solu...

28 de Noviembre

The Mexican Supreme Court of Justice invalidates the Law of Internal Security.

st Thursday, November 15 of 2018, the Mexican National Supreme Court of Jus...

02 de Noviembre

Industrial Property: What it Is and What are its Benefits?

As we have been saying, the Registration of your Brand is one of the most i...

02 de Noviembre

Brand Opposition: What is it For?

What would happen to you if any given day, someone replicates the ...

12 de Octubre

Why is it important to make your Will?

What would happen to your family if by tomorrow, you could no longer ...

12 de Octubre

The 6 Benefits of Having a Transactional Agreement

If you have any property in dispute, either because you have...

12 de Octubre

The 4 Steps to Register your Brand

In our country, it can seem discouraging to enter the competition when ther...

14 de Agosto

Rights of the Tenant of a Local Business

Do you have any problems with your renter? Do you know what your righ...

13 de Julio

6 Points that every Contract must have

In today´s corporate and legal world, contracts are one of the most p...

13 de Julio

The Rights of Males as Parents

Over the past few years, Mexico has passed through a lot very possitive chang...

28 de Mayo

Mobility Law in Quintana Roo.

In the last few days, we have listened a lot about the "Mobility law"...

28 de Mayo

Requirements to open a business.

In DEFEND Abogados, we know it´s not easy to "Start Up", even less if t...

Subscribe to our

Newsletter

ESTOY INTERESADO EN

Escríbenos, en breve nos pondremos en contacto contigo.

©2021 Defend® Abogados. All rights reserved.

Web Design and Development by: Genotipo®