Mexico NOM-035-STPS-2018 Explained (Employer Guide)

What Is NOM-035-STPS-2018

NOM-035-STPS-2018 is an Official Mexican Standard that establishes mandatory rules for identifying, analyzing, and preventing psychosocial risk factors in the workplace.

It applies to all employers in Mexico, regardless of company size, industry, or whether the employer is local or foreign. Compliance is a legal obligation, not a best practice.

• Definition of NOM-035 as an Official Mexican Standard
  NOM-035-STPS-2018 is issued by the Ministry of Labor and Social Welfare and has the same legal force as other labor regulations. Employers must comply with its requirements as part of their federal labor obligations.
  
  

• Purpose of the regulation under Mexican labor law
  The regulation aims to protect employees’ mental health by addressing work-related stress, excessive workloads, lack of control, and adverse organizational environments that may harm wellbeing and productivity.
  
  

• Why NOM-035 exists and what problem it addresses
  NOM-035 was created to reduce workplace stress, burnout, and related health issues that lead to absenteeism, turnover, and labor disputes. It shifts responsibility to employers to actively manage psychosocial risks.
  
  

Failure to comply with NOM-035 exposes employers to inspections, fines, and enforcement actions, even if no employee complaint has been filed.

When NOM-035 Came Into Force

NOM-035-STPS-2018 was introduced with a defined implementation timeline that allowed employers to prepare for compliance. Understanding when the standard became enforceable is critical, as it is now fully active and subject to labor inspections and penalties.

• Official publication and enforcement date
  NOM-035-STPS-2018 was officially published in the Official Gazette of the Federation in October 2018. The standard entered into force one year later, making its requirements legally binding for employers starting in October 2019.
  
  

• Phased implementation overview
  Implementation occurred in two phases. The first phase required employers to establish prevention policies, identify psychosocial risk factors, and promote a favorable organizational environment. The second phase introduced evaluation, analysis, and corrective action obligations based on workforce size.
  
  

• Current compliance status
  NOM-035 is fully enforceable today. There is no grace period or delayed applicability. Labor authorities may inspect employers at any time to verify compliance, documentation, and corrective measures.
  
  

Employers that have not implemented NOM-035 controls are considered non-compliant and face inspection findings, fines, and corrective orders.

Who Must Comply With NOM-035

NOM-035-STPS-2018 applies broadly across Mexico and imposes obligations on employers at the federal level. The standard does not target specific industries or high-risk sectors. Instead, it establishes nationwide requirements that all employers must follow.

• Nationwide applicability in Mexico
  NOM-035 applies throughout Mexico and is enforced by federal labor authorities. It is not limited to certain states, economic zones, or regions. Any workplace operating under Mexican labor law is subject to its requirements.
  
  

• Employers covered under the standard
  All employers with one or more employees in Mexico must comply. Obligations vary depending on the number of employees, but no employer is exempt from the standard entirely. Company size affects the depth of evaluation, not applicability.
  
  

• No industry or sector exemptions
  There are no exemptions based on industry, business activity, or organizational structure. Office-based companies, remote teams, manufacturing facilities, and service providers are all covered.
  
  

Foreign companies operating in Mexico are equally subject to NOM-035. Non-compliance exposes employers to inspections, corrective orders, and financial penalties regardless of business size or sector.

How NOM-035 Applies Based on Company Size

NOM-035-STPS-2018 applies to all employers, but the scope of obligations increases as workforce size grows. The standard uses employee headcount to determine the level of assessment, documentation, and corrective action required. Employers must apply the correct obligations based on their actual number of employees in Mexico.

• Workplaces with 1–15 employees
  Employers must establish a written policy to prevent psychosocial risks, identify adverse organizational environments, and adopt measures to prevent exposure to harmful factors. Formal questionnaires are not required, but evidence of prevention actions must exist.
  
  

• Workplaces with 16–50 employees
  In addition to prevention policies, employers must identify psychosocial risk factors using standardized evaluation tools. Corrective measures must be documented and implemented when risks are detected.
  
  

• Workplaces with more than 50 employees
  Larger employers must conduct full evaluations of psychosocial risk factors and organizational environment using approved instruments. They must also implement control measures, follow-up actions, and maintain detailed records.
  
  

• How obligations scale with headcount
  As headcount increases, documentation, evaluation depth, and follow-up requirements become more extensive.
  
  

Misclassifying company size or applying incorrect obligations creates immediate compliance risk during labor inspections.

What Are Psychosocial Risk Factors Under NOM-035

NOM-035-STPS-2018 defines psychosocial risk factors as workplace conditions that may cause stress, anxiety, sleep disorders, or other health impacts related to work. Employers are required to identify and address these risks as part of their labor compliance obligations.

• Workload and work pace
  Excessive workloads, unrealistic deadlines, and constant pressure to maintain high productivity levels are considered psychosocial risks. Employers must assess whether demands exceed reasonable limits.
  
  

• Work schedules and long working hours
  Extended workdays, night shifts, rotating schedules, and insufficient rest periods increase stress and fatigue. These conditions must be evaluated for their impact on employee health.
  
  

• Lack of role clarity or control
  Unclear responsibilities, conflicting instructions, or limited control over work tasks can generate chronic stress. Employers must ensure roles and expectations are clearly defined.
  
  

• Negative leadership
  Authoritarian management, poor communication, and lack of support contribute to adverse organizational environments and are covered risks.
  
  

• Workplace violence and harassment
  Psychological, physical, or verbal abuse in the workplace is explicitly included under NOM-035 and requires preventive action.
  
  

Failure to identify these risks exposes employers to corrective orders and penalties.

What Is a Favorable Organizational Environment

Under NOM-035-STPS-2018, a favorable organizational environment is a workplace condition that supports employee wellbeing, promotes healthy work relationships, and reduces exposure to psychosocial risk factors. Employers are required to foster and maintain this environment as part of their compliance obligations.

• Definition under NOM-035
  A favorable organizational environment exists when work conditions encourage productivity, respect, and psychological safety. It reflects how work is organized, managed, and communicated within the company.
  
  

• Sense of belonging and respect
  Employees must feel valued, treated fairly, and respected by peers and management. Discrimination, exclusion, or dismissive treatment undermine compliance with this requirement.
  
  

• Clear roles and responsibilities
  Clearly defined duties, reporting lines, and expectations reduce confusion and stress. Employers must ensure employees understand their role and how their work contributes to organizational objectives.
  
  

• Positive leadership and communication
  Leaders are expected to communicate clearly, provide guidance, and address issues promptly. Supportive leadership reduces conflict and improves workplace stability.
  
  

Failure to promote a favorable environment increases psychosocial risk and exposes employers to findings during labor inspections.

Employer Obligations Under NOM-035

NOM-035-STPS-2018 imposes clear and enforceable obligations on employers in Mexico. Compliance requires active measures, documented processes, and ongoing monitoring. These obligations cannot be delegated informally or satisfied through verbal practices alone.

• Establishment of a written prevention policy
  Employers must implement a written policy aimed at preventing psychosocial risks and promoting a favorable organizational environment. This policy must be communicated to employees and applied consistently.
  
  

• Identification of psychosocial risks
  Employers are required to identify psychosocial risk factors present in the workplace. This includes reviewing work conditions, leadership practices, workloads, and exposure to workplace violence or harassment.
  
  

• Analysis and evaluation of risks
  Once risks are identified, employers must analyze their severity and potential impact. Depending on workforce size, this may require applying standardized evaluation tools and documenting results.
  
  

• Implementation of preventive and control measures
  Employers must implement corrective actions to eliminate or reduce identified risks. Measures must be appropriate, documented, and periodically reviewed.
  
  

Failure to meet these obligations exposes employers to inspections, fines, and mandatory corrective orders from labor authorities.

Risk Identification and Evaluation Requirements

NOM-035-STPS-2018 requires employers to formally identify and evaluate psychosocial risks using defined and documented methods.

Compliance is not based on intention or informal observation. Employers must apply structured evaluations that match their workforce size and actual working conditions.

• Use of questionnaires and assessment tools
  Employers with sixteen or more employees must apply standardized questionnaires designed for NOM-035 compliance. These tools assess factors such as workload, leadership style, work pace, autonomy, and exposure to adverse conditions. Results must be recorded, analyzed, and retained as evidence of compliance.
  
  

• Identification of employees exposed to risks
  Employers must identify employees who are exposed to psychosocial risks, including those who experience severe stress, excessive workloads, traumatic events, or workplace violence. Identification must be objective and supported by evaluation results, not managerial opinion.
  
  

• Organizational environment evaluation
  Workplaces with more than fifty employees must evaluate whether a favorable organizational environment exists. This includes reviewing leadership practices, communication quality, role clarity, and overall workplace dynamics, not just individual stress indicators.
  
  

• Frequency of evaluations
  Evaluations must be conducted at least every two years, and additionally whenever significant organizational changes occur, such as organizational restructuring, increases in workload, or changes in leadership.
  
  

Incomplete or undocumented evaluations are treated as non-compliance during labor inspections.

Requirements for Medical and Psychological Attention

NOM-035-STPS-2018 establishes specific employer responsibilities when employees are exposed to serious psychosocial risks. These obligations apply in situations involving workplace violence or severe traumatic events and require prompt, documented action by the employer.

• Cases involving workplace violence
  When workplace violence, harassment, or abuse is identified, the employer must take immediate measures to protect affected employees. This includes stopping the behavior, preventing retaliation, and addressing the risk through corrective actions.
  
  

• Exposure to severe traumatic events
  If an employee is exposed to a severe traumatic event related to work, such as threats, accidents, or serious incidents, the employer must identify the exposure and assess its impact on the employee’s health. This obligation exists regardless of company size.
  
  

• Employer responsibility to refer and support
  Employers must refer affected employees to appropriate medical or psychological attention when needed. While employers are not required to provide treatment directly, they must facilitate access and document the referral and follow-up actions.
  
  

Failure to respond properly to these situations exposes employers to sanctions and demonstrates non-compliance with NOM-035 obligations.

Information and Training Obligations

NOM-035-STPS-2018 requires employers to actively inform and educate employees about psychosocial risks in the workplace. Compliance is not limited to internal policies. Employers must ensure employees understand the risks, preventive measures, and evaluation outcomes relevant to their work environment.

• Informing employees about psychosocial risks
  Employers must inform employees about psychosocial risk factors present in the workplace, including excessive workloads, adverse leadership, and exposure to workplace violence. This information must be communicated clearly and in a way employees can understand.
  
  

• Communicating preventive measures
  Employers are required to communicate the measures implemented to prevent or reduce psychosocial risks. Employees must know how risks are addressed, how to report concerns, and what actions the employer will take in response.
  
  

• Making evaluation results available to workers
  Results of risk evaluations and organizational environment assessments must be made available to employees. Information must be shared without exposing personal data and should focus on general findings and corrective actions.
  
  

Failure to meet information and training obligations weakens compliance and increases exposure during labor inspections.

Reporting and Complaint Mechanisms

NOM-035-STPS-2018 requires employers to establish clear and effective mechanisms for reporting psychosocial risks, including workplace violence and harassment.

These mechanisms must be accessible, documented, and applied consistently to meet compliance expectations.

• Procedures to report workplace violence
  Employers must implement formal procedures that allow employees to report workplace violence, harassment, or adverse behaviors. Reporting channels must be clearly communicated and available to all employees, regardless of position or seniority.
  
  

• Confidentiality and non-retaliation principles
  All reports must be handled confidentially. Employers are obligated to protect the identity of individuals involved and ensure that no retaliation occurs against employees who submit complaints or participate in investigations.
  
  

• Employer follow-up obligations
  Employers must investigate reports promptly and take corrective action when risks are confirmed. Follow-up actions must be documented, including measures taken to prevent recurrence and protect affected employees.
  
  

Failure to maintain proper reporting mechanisms or to act on complaints is treated as non-compliance and may result in enforcement actions during labor inspections.

Penalties and Consequences for Non-Compliance

Failure to comply with NOM-035-STPS-2018 exposes employers to enforcement actions by labor authorities and creates broader legal and operational risks. Compliance is verifiable and subject to inspection, even without an employee complaint.

• STPS inspection authority
  The Ministry of Labor and Social Welfare has the authority to inspect workplaces to verify NOM-035 compliance. Inspectors may request policies, evaluations, records, corrective actions, and evidence of communication with employees. Lack of documentation is treated as non-compliance.
  
  

• Fines and administrative sanctions
  Non-compliance may result in administrative fines calculated in UMAs, corrective orders, and mandatory remediation deadlines. Repeated findings or failure to correct deficiencies can increase penalties and trigger follow-up inspections.
  
  

• Labor and reputational risks
  Beyond fines, non-compliance increases exposure to labor claims related to workplace stress, harassment, or adverse organizational environments. It can also damage employer reputation, affect employee retention, and raise red flags during audits or due diligence processes.
  
  

Ignoring NOM-035 obligations creates compounding risk, combining regulatory penalties, labor exposure, and long-term operational instability for employers operating in Mexico.

Common Employer Mistakes With NOM-035

Many employers fail to comply with NOM-035-STPS-2018 not because of intent, but due to incorrect assumptions and incomplete implementation. These mistakes often surface during inspections or labor disputes, when documentation and processes are reviewed in detail.

• Treating it as a one-time survey
  Some employers believe NOM-035 compliance ends after conducting a single survey. In reality, the standard requires ongoing evaluation, corrective actions, and monitoring. One-time assessments do not satisfy long-term obligations.
  
  

• Using generic or invalid questionnaires
  Applying surveys that are not aligned with NOM-035 requirements is a common error. Questionnaires must meet the standard’s structure and be appropriate for the company’s workforce size. Invalid tools undermine compliance.
  
  

• Ignoring company-size-specific obligations
  Employers sometimes apply the wrong level of evaluation based on headcount. Underestimating workforce size or misapplying obligations results in immediate non-compliance.
  
  

• Poor documentation
  Failing to retain policies, evaluations, corrective actions, and communication records is a critical mistake. Without documentation, compliance cannot be proven.
  
  

These errors frequently lead to inspection findings, fines, and mandatory corrective orders.

Why NOM-035 Is Challenging for Foreign Companies

NOM-035-STPS-2018 presents unique challenges for foreign companies because it operates within a strict Mexican legal framework that does not align with global HR or wellness standards. Many compliance failures stem from applying non-Mexican models to a Mexican legal obligation.

• Misunderstanding Mexican labor standards
  Foreign employers often view NOM-035 as a voluntary wellbeing initiative rather than a mandatory labor regulation. In Mexico, NOMs carry legal force, and failure to comply is treated as a regulatory violation, not a policy gap.
  
  

• Applying global mental health frameworks incorrectly
  Global programs focused on wellness, engagement, or employee assistance do not replace NOM-035 requirements. These frameworks often lack the documentation, evaluation structure, and employer accountability demanded by Mexican law.
  
  

• Lack of local compliance expertise
  Without in-country expertise, foreign employers struggle to interpret obligations, apply correct evaluation tools, and respond to inspections. Missteps are common when compliance is managed remotely or through non-operational entities.
  
  

Without Mexico-specific knowledge and employer controls, NOM-035 compliance becomes complex, inconsistent, and high-risk for foreign companies.

How Human Resources Mexico (HRM) Ensures NOM-035 Compliance

NOM-035 compliance requires accurate legal interpretation, structured documentation, and continuous employer action. Human Resources Mexico (HRM) manages this obligation as part of its role as the sole legal employer, applying Mexico-specific controls rather than global HR assumptions.

• Local compliance interpretation
  HRM applies NOM-035 based on current Mexican labor enforcement practice. Obligations are interpreted using STPS inspection criteria, not international wellness standards or generic mental health frameworks.
  
  

• Policy and documentation management
  HRM prepares and maintains the required written prevention policies, records of communication, evaluation evidence, and corrective actions. Documentation is structured to withstand inspections and labor audits.
  
  

• Risk assessment coordination
  HRM coordinates psychosocial risk identification and evaluations according to company size. Approved tools are applied correctly, results are analyzed, and required corrective measures are implemented and tracked.
  
  

• Ongoing compliance monitoring
  NOM-035 compliance is monitored continuously. HRM ensures evaluations are repeated when required and preventive measures remain effective as organizational conditions change.
  
  

• Employer-of-record accountability
  As the REPSE-registered Employer of Record with a physical presence in Mexico, HRM assumes legal responsibility for NOM-035 compliance and related labor risk.
  
  

Hiring in Mexico requires real employer compliance. HRM operates on the ground in Mexico, ensuring NOM-035 obligations are met correctly from day one.

Want to hire in Mexico and stay compliant? Reach out and get a custom proposal for your hiring needs.

FAQs

Is NOM-035 mandatory for all companies in Mexico?

Yes. NOM-035 is mandatory for all employers operating in Mexico, regardless of company size, industry, or ownership. Obligations vary by headcount, but no employer is fully exempt. Foreign companies hiring in Mexico must comply in the same way as local employers.

How often must NOM-035 evaluations be conducted?

NOM-035 requires periodic evaluations and additional evaluations when workplace conditions change. This includes organizational restructuring, leadership changes, workload increases, or other factors that may increase psychosocial risk. A single evaluation is not sufficient for ongoing compliance.

What happens if a company does not comply with NOM-035?

Non-compliance may result in STPS inspections, administrative fines, corrective orders, and follow-up audits. Employers may also face increased labor risk if psychosocial issues lead to complaints, disputes, or claims related to workplace conditions.

Does NOM-035 apply to remote or hybrid employees?

Yes. NOM-035 applies to all employees under an employment relationship in Mexico, including remote and hybrid workers. Employers must evaluate psychosocial risks related to workload, schedules, leadership, and communication, regardless of where work is performed.

Can NOM-035 compliance be outsourced?

No. While employers may receive external support, legal responsibility cannot be outsourced. The employer remains fully responsible for compliance, documentation, corrective actions, and inspection outcomes under NOM-035.