In a significant step towards recognizing the importance of mental health in the workplace, Brazil’s NR-1 (Regulatory Norm No. 1) has been updated, requiring companies to establish guidelines that safeguard the mental well-being of their employees by the end of May. This update categorizes mental health issues as occupational risks, akin to hazards posed by biological and chemical agents.
What Changes for Companies
The new regulations elevate mental health to the same status as Personal Protective Equipment (PPE), making it an obligatory focus for companies alongside physical safety measures. According to labor law specialist Bruno Minoru Okajima, this means businesses must take a proactive stance to prevent mental strain among employees.
“Companies must implement continuous assessments of the work environment and establish effective preventive strategies. This includes creating open communication channels, psychological support programs, and initiatives that foster a positive organizational climate,”
– Bruno Minoru Okajima
The update to NR-1 aligns with a 2024 legislative change that introduced the Certificado Empresa Promotora da Saúde Mental (Certificate for Companies Promoting Mental Health). Although yet to be regulated, Okajima notes that companies complying with the new standards will soon be eligible for this recognition.
Priscila Soeiro Moreira, another labor law expert, emphasizes that while discussions about mental health have been prevalent, the new regulations mandate action. “Companies are now legally required to implement active measures, such as employee training workshops and monitor the relationships between leaders and their teams, as well as among peers,” she explains.
Consequences for Non-Compliance
Companies failing to adhere to these new standards risk financial penalties. If an auditor finds that a company is not taking the necessary steps to protect employee mental health, they can report the company to the Ministério Público do Trabalho (Labor Public Ministry), which may file a public civil action against the non-compliant entity.
Employees also have the power to directly report non-compliance to the Ministério Público do Trabalho. Moreira points out that such reports are common and typically trigger an investigation. “The MPT will investigate almost all such claims because mental health is a sensitive issue. They will hear witnesses and may call employees to testify,” she advises.
As the deadline approaches, companies across Brazil are urged to swiftly implement the necessary changes to comply with the updated NR-1, ensuring the mental well-being of their workforce and avoiding the potential for legal and financial repercussions.
Source: UOL
