What is NOM-035?
NOM-035 is a standard issued by Mexico’s Secretariat of Labor and Social Welfare (STPS). Its objective is to establish elements to identify, analyze, and prevent psychosocial risk factors, as well as to promote a favorable organizational environment in workplaces.
The regulation targets work-related stress, excessive workloads, lack of control over work, interference with the work-life balance, and negative leadership or workplace violence. It does not measure psychological disorders of individuals, but rather the working conditions that cause them.
Who Does NOM-035 Apply To?
Compliance with NOM-035 is mandatory for all workplaces operating within the Mexican territory. However, the specific obligations vary depending on the number of workers in the facility (the "centro de trabajo").
There are three tiers of compliance based on headcount, meaning small businesses have fewer administrative burdens than large factories.
- 1 to 15 Workers: Must establish a psychosocial risk prevention policy and identify workers exposed to severe traumatic events.
- 16 to 50 Workers: Must fulfill previous requirements plus identify and analyze psychosocial risk factors using Reference Guide II.
- 51+ Workers: Must fulfill all previous requirements, use Reference Guide III (which includes assessing the organizational environment), and maintain deeper records.
Required Questionnaires and Evaluations
The standard provides specific questionnaires (Guías de Referencia) that employers must deploy to their workforce. Reference Guide I is used to identify employees who have suffered severe traumatic events (e.g., a workplace accident, robbery, or kidnapping).
Reference Guides II and III are extensive surveys used to calculate risk levels across various categories (such as workload or leadership). The resulting scores classify the risk from "Null" to "Very High." Depending on these results, employers must take corrective action.
Developing the Prevention Policy and Action Plan
Every workplace must have a written Psychosocial Risk Prevention Policy. This document declares the company's commitment to preventing risks, avoiding workplace violence, and promoting a healthy environment.
If the questionnaire scores indicate medium, high, or very high risks, the employer is legally obligated to develop and implement a formal intervention action plan. This plan might include adjusting shift schedules, providing leadership training, or redistributing workloads.
Frequently asked questions
What happens if a company fails to comply with NOM-035?
Failure to comply can result in significant fines levied by the STPS, which can range widely depending on the severity of the non-compliance and the size of the company, sometimes reaching hundreds of thousands of pesos.
How often must the NOM-035 questionnaires be applied?
The identification and analysis of psychosocial risk factors and the evaluation of the organizational environment must be conducted at least every two years.
Can companies use their own surveys instead of the Reference Guides?
Yes, employers can use alternative surveys, but they must undergo a rigorous statistical validation process to prove reliability and validity, which makes using the official STPS guides much easier for most companies.
Does NOM-035 cover work-from-home (telecommuting) employees?
Yes, employees bound by an employment contract in Mexico are covered by NOM-035 regardless of physical location, though telework specific regulations (like NOM-037) also apply to remote setups.