By Alvaro GonzalezSchiaffino, Firm: Basham, Ringe y Correa SC
Mexico has introduced new requirements for employers relating to mental health risks in the workplace.
A regulation in Mexico aimed at preventing mental health issues and psychological risk factors in the workplace entered into force on 23 October 2019. The regulation charges all employers with the obligation to identify, analyse and prevent work-related psychological risks, which are described as those that may trigger anxiety, sleep, stress and adaptation disorders.
Under the new regulation, employers must implement, maintain and have a policy in place for the prevention of psychological risks in the workplace. The policy must inform employees of any adopted measures to prevent such risks and procedures for filing a complaint internally.
Employers must refer employees who suffer severe traumatic events during work or related to their job, or who were exposed to work-related violence or other psychological risks, to the relevant private or public social security institution or the employer’s private medical institution for employees to receive medical or professional attention and undergo medical and psychological examinations.
Employers must keep a record of compliance with this new regulation and will be subject to inspections by the Ministry of Labour.
From 2020 companies who do not comply with the regulation may face penalties of up to 5000 minimum wages.