The NR-1, and the psychosocial risks: Challenges, impacts, and ways to comply the business
Introduction
For the discussion of mental health in the corporate environment, it is no longer a tariff-only social responsibility is to make it a legal requirement expressed in the labor law in brazil. The new version of the NR-1, which sets forth the general guidelines for the management of occupational risks, it brings a significant improvement with the addition of psychosocial risks, such as a formal obligation of the business.
This change leads to a significant impact, not only in the management of the people, but also for the compliance, labor and employment, the legal position of the business and preventing the liabilities of labor.
If, on the one hand, the law represents a step necessary to protect the mental health of the workers, on the other, its applicability in practice, it has raised many doubts, insecurities, and controversies in both the private sector as well as the organs for inspection.
That is, the NR-1?
The NR-1 is the standard that provides the guidelines for the BIO – Risk Management in the Workplace, which applies to all companies and institutions that have employees covered by the CLT – consolidação das leis do trabalho.
The most significant innovation of the new edition is the on-demand, which, in addition to the risk of physical, chemical, biological, ergonomic, and mechanics, are to be identified, assessed and managed the risks to performance, such as:
- Stress equipment
- Bullying and sexual harassment;
- The pressure goals out of all proportion;
- The overload of work;
- Organization-toxic;
- Interpersonal conflicts;
- Insecurity and psychological work environment.
For that, a new determination of the NR-1 that has generated so much backlash?
The debate on the NR-1 that does not revolve around the importance of the subject, which is, without doubt, but the practical difficulties in its application.
The big questions are:
- How to measure a psychological risk?
- What are the objective criteria that define a work environment that is psychologically healthy?
- What parameters should be used for the tax of your work for evaluation.
- What, in effect, you can generate a claim or a lawsuit?
In the absence of clear answers to these questions will result in a context of deep uncertainty for both companies, as well as for lawyers and professionals, and they monitor the observance of the guidelines for the safety of the work.
Deferral of term Solution or just a postponement of the problem.
Initially scheduled to enter into force on the 26th of may, in the year 2025, the new NR-1 that was their term delayed to may 26, 2026, after an intense mobilization of the business sector, trade unions and the government.
In the meantime, it is essential to note that the postponement does not eliminate the need for adaptation. In practice, it offers an additional period of time, so that companies can prepare for more structured way, but that’s the problem, that is, the lack of technical parameters to be clear, we remain the same.
What is the impact of the legal from the new NR-1?
Failure to comply with the standard, you can create a number of consequences, both at the administrative level, as well as in labor law and social security law.
1. Fines and other administrative sanctions
Failure to comply with the NR-1 that you can take:
- Fines imposed by the tax auditors of the work;
- Banned from the sectors or activities.
- Impairment at the operating level.
2. The increase in the liability for labor
In the absence of the management of psychosocial risks, which can generate:
- Recognition of work-related illnesses, like burn-out, depression, and anxiety;
- Actions for the recovery of such damages, arising out of, harassment, toxic environment or by workload;
- Discussions on the termination, indirect, based on the working environment harmful to health.
The technical challenges in the implementation of
In the absence of objective criteria, that is, at present, the major obstacle to the effective implementation of the new NR-1.
- The companies do not know exactly what actions they should take or how to document on the management of psychosocial risks;and
- Labor inspectors did not have clear guidelines for assessing compliance with the standard;
- The lawyers and professionals are faced with the standards, the interpretation of which is subject to controversy.
The results of this work are monitoring meetings, uncertainty, and an increase in the risk of criminalization.
How companies should prepare for it?
In spite of the insecurity of the technique, some of the practices that are essential:
1. The update of the RMP – Risk Management Program Include, explicitly, the psychosocial risks in the inventory of the risks of, and plan of action.
2. The diagnosis of organisation. To carry out research on climate, resources, and periodic assessments on:
- Work load;
- The quality of the leaders.
- The levels of the stress;
- The satisfaction of our employees.
3. The strengthening of the domestic policies
- Policy against harassment, sexual, and psychological abuse;
- The code of ethics, up-to-date, with an emphasis on respect, empathy, and psychological safety.
4. Building the capacity of community leaders and the HR department
- Training in human resources management, communication, non-violence, emotional intelligence, and care.
5. The creation of the channel to listen to the host
- The secure channel, and sensitive to the complaints.
- Access to psychological support and technical assistance.
6. The documentation of the strategic
- A record of all the preventive measures, training, awareness, and mitigation measures;
- The preparation of periodic reports to the evidence, if any, checks, or litigation.
Conclusion
The inclusion of psychosocial risks in the new version of the NR-1 that represents a paradigm shift in the working relationship. It asserts that mental health in the corporate environment, it’s not an option, or a benefit, but rather with a legal obligation, with a direct impact on the liability of labour, social security and the reputation of the business.
On the other hand, in the current environment of uncertainty, due to the lack of technical standards a clear, requires companies to take a stance that is pro-active, preventive, and strategically, that is documented.
The postponement of the period of validity should not be taken as an opportunity to move the stock, but rather as a time for you to prepare the organization, mitigate risk, and build a work environment that is healthy, safe, and legally protected basis. Companies that anticipate you will not only complying with a legal requirement, but it will also strengthen your culture, productivity, and competitive position in the market.
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