According to MTE Ordinance No. 1,419 of August 2024, as of May 26, 2025, companies will have to comply with new rules for establishing Occupational Risk Management, with emphasis on the identification and treatment of risks known as “psychosocial”. Through this Ordinance, chapter 1.5 of NR-1, which deals with occupational risk management, was reformulated, and as part of these changes, item 1.5.3.1.4 now specifically states that occupational risk management must cover work-related psychosocial risk factors.
According to the Regulatory Standard, employers must identify occupational risks related to factors known as psychosocial and, based on this identification, they must:
- avoid, minimize or eliminate occupational risk factors;
- evaluate and indicate the level of occupational risks;
- classify occupational risks to determine the need to adopt preventive measures;
- effectively implement measures to prevent risk factors, in accordance with the risk classification and in the order of priority established in sub-item 1.4.1 “g”; and
- monitor the control of occupational risks.
In short, the Risk Management Program (RMP) must take into account possible risk factors/conditions for the emergence of psychosomatic illnesses and also structure mechanisms to mitigate or reduce these risks.
The great challenge in applying the new NR-1 guideline will be precisely to establish which activities or working conditions can trigger a psychic illness, especially since the subject is practically subjective.
The standard under review (NR-1) determines the identification of risk for management purposes, and this is a technical task that must take into account the activity carried out, the work environment, the tools used and even ergonomic factors. However, considering the subjectivity of defining what can lead to the onset of a psychic illness, companies may or probably will find it very difficult to establish/identify occupational risk factors that justify the onset of psychosomatic pathologies.
Drummond Advisors is prepared to help your company with all the issues surrounding the new changes to the Ministry of Labor, payroll and tax regime. If you have any questions, don’t hesitate to contact us.
Written by Murilo Fontoura, Personnel Department Coordinator at Drummond Advisors