“Companies on Alert: Responsibility for Employees’ Mental Health is Now Law!”

By Adriel Pereira da Silva

From May onwards, companies will be responsible for looking after the mental health of their employees, placing the preservation of mental well-being on the same level as physical health. This new regulation emerged from the update of NR-1 (Regulatory Standard No. 1) which aims to prevent occupational diseases, absenteeism and legal actions related to mental health issues, which have caused a significant burden on social security. Companies will also face periodic inspections to ensure compliance and active measures to mitigate psychosocial risks in the workplace.

Key points of the regulatory standard update:

– The law requires companies to be responsible for maintaining a psychologically healthy work environment, similar to their existing obligations regarding physical safety.

– Mental health issues account for 38% of all INSS leave requests, generating significant costs exceeding R$12 billion for social security in recent years.

– Companies will be subject to regular inspections by labor auditors to assess their commitment to identifying and mitigating psychosocial risks.

– Failure to comply with the new legislation could result in significant penalties, including fines and potential cessation of operations.

– Employers can appeal sanctions and provide accommodation plans if they are cited for violating mental health regulations.

– There is growing recognition of mental health disorders, such as Burnout, as occupational diseases.

– Companies should implement assessments, including questionnaires and direct observations, to identify potential psychosocial risks for their employees.

Worker mental health is extremely important for reasons that impact both the individual and the organization as a whole. First, mental health is directly related to an employee’s overall well-being. Those who feel mentally healthy tend to be happier, more motivated, and more satisfied with their personal and professional lives.

Furthermore, mental health affects productivity; emotional problems such as stress and anxiety can impair concentration and performance, leading to a decrease in efficiency at work. This situation can also result in an increase in conflicts, as employees who are struggling emotionally may have more difficult interpersonal relationships, while a healthy environment promotes team collaboration.

Another important aspect is the impact on absenteeism and turnover. Mental health issues are a leading cause of absenteeism and turnover, and promoting mental health can help reduce these costs. In addition, an environment that prioritizes mental health encourages innovation and creativity, as employees feel supported and valued and are more likely to contribute new ideas and approaches.

Finally, taking care of employees’ mental health also reflects a social responsibility on the part of companies, improving their image and attracting talent. It is worth noting that mental and physical health are interconnected, as stress and emotional problems can lead to serious health problems, such as heart disease and eating disorders. Promoting mental health at work is, therefore, a strategic decision that can benefit everyone involved.

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