According to news published on the website of the Ministry of Labor and Employment (MTE), the Permanent Joint Tripartite Committee (CTPP) held a special meeting on July 30 and approved the updating of MTE Regulatory Standard No. 1 (NR-01).
The update introduces into the Risk Management Program (RMP) the obligation to identify and manage psychosocial risks, which includes periodic assessment of these risks and implementation of strategies to prevent harassment and violence in the workplace.
According to the news published by the MTE, the new wording of NR-01 should come into force within nine months of its publication, so that companies can adapt to the new requirements.
Under the terms of NR-1, the RMP must always be available to interested workers or their representatives and to the Labor Inspectorate. As a penalty for breach, MTE Ordinance 66/24 establishes a fine of between R$415.87 and R$4,160.89 for infractions related to occupational medicine, which would include breach of the provisions of NR-1.
In our view, the penalty for non-compliance with employee emotional health requirements goes beyond an administrative fine. This is because mental health in the workplace has increasingly been the focus of legislative and regulatory updates.
Examples of this trend include the possible classification of burnout as an occupational illness (depending on the situation and the specific case), amendment of the CIPA to include prevention of moral and sexual harassment, and initiatives such as the Certificate of Companies Promoting Mental Health (see our ebook).
Not only have healthy environments become a priority for many job seekers, but healthy work environments not only benefit individual employees but also boost productivity. But how can companies adapt to recent regulations and the growing importance of maintaining healthy working environments?
- Encouraging debate and raising awareness of the issue: holding talks and workshops, forming affinity groups, drawing up awareness campaigns, and promoting webinars, videos and online articles.
- Use of communication channels: creation of whistleblowing channels, internal communication platforms, engagement surveys (e.g. anonymous feedback).
- Training to sensitize employees to the importance of the issue: training can address issues such as moral and sexual harassment, discrimination, and diversity in the workplace.
- Psychological and psychiatric support benefits: telemedicine, health plans with mental health professionals.
- Encouraging healthy practices: offering eating areas that allow employees to maintain a healthier eating routine, as well as benefits related to sports and leisure activities, such as theater and cinema tickets.
Adaptations should be on the agenda of the HR and Occupational Health and Safety teams for the coming months, with attention to the legal requirements that must be observed.