Psychosocial risks contemplated in recent changes to Brazilian labor regulations

Due to recent changes to the Brazilian Ministry of Labor and Employment’s Regulatory Standard No. 1 (NR-1, implemented via Ordinance MTE No. 1,419/2024), companies operating in Brazil will need to start contemplating psychosocial factors in the occupational risks of their activities from May 26, 2025. Audits will start from May 26, 2026.

Certain new aspects of the NR-1, which provides for general occupational health and safety guidelines, are outlined below:

• The need to adopt immediate risk control or reduction measures whenever evident occupational risks are identified;
• The definition of ‘risk severity’ – based on the magnitude of the potential consequences stemming from injury or impaired health, as well as the potential for the occupational risk to occur (based on the demands of the activity in question and the effectiveness of prevention measures);
• The expansion of worker involvement in the risk management process;
• The need to analyze dangerous events with potentially serious consequences;
• The inclusion of a requirement for mapping and managing psychosocial risks.

With these changes, occupational risk management must now cover risks arising from physical, chemical and biological agents, workplace accidents, and risks stemming from ergonomic factors – including work-related psychosocial risk factors.

Psychosocial risks are understood as aspects of a company’s structure and management that have the potential (considering social and organizational contexts) to cause workers psychological or physical harm.

Challenges in managing psychosocial risks

Identifying whether the cause of psychological illness is work-related is a significant challenge. There are currently no guidelines on the methods, tools, or techniques for mapping psychosocial risks. The Ministry of Labor and Employment has left it to each company to implement its own specific risk management methodology, which should be adapted according to the company’s situation.

In general terms, this process should include a detailed description of hazards and potential health impairments, identify the sources and/or circumstances of the hazards, and indicate which group of workers (which may consist of one or more) are subject to each hazard.

However, the main challenge in identifying psychosocial hazards regards their inherent subjectivity in relation to each worker and the impossible nature of isolating work-related psychosocial factors from personal ones.

Therefore, companies are recommended to develop their own scientific, data analysis-based methods. This could include analyzing absences from work across each area, reviewing workers’ medical records, and identifying cases of moral and/or sexual harassment. Companies’ occupational physicians will need to take a leading role in establishing and implementing risk management methods, and legal analysis of the applied methodology and the content of the Occupational Risk Management Program (PGR) will be vital for avoiding increased labor and social security-related contingencies.

Caution is also needed when implementing internal company surveys to ensure professional confidentiality and avoid violating Brazil’s General Data Protection Law (LGPD).

Once psychosocial risks have been identified, companies must adopt adequate prevention measures to eliminate, reduce, or control the risks, such as:

• Training, guidance, and awareness actions on topics related to violence, harassment, equality, and diversity in the workplace;
• Implementing conduct policies on sexual harassment and other forms of violence in the company’s internal rules;
• Establishing procedures to receive and investigate complaints;
• Adding topics related to preventing and tackling sexual harassment and other forms of violence in the practices and activities of the company’s Accident and Harassment Prevention Committee (CIPA);
• Flexible work and vacation regimes to help balance work and parental responsibilities; and
• Psychological assistance.

Consequences and infractions

Companies that fail to map psychosocial risks and adapt to the updated NR-1 will be subject to penalties. Fines for violating workplace safety regulations can reach BRL 7,000 and up to BRL 4,000 for violating workplace health regulations and may be imposed starting from May 26, 2026. During this initial year, companies may be audited, but will be oriented by the Ministry to adapt to the new regulation.

Moreover, once the company has updated its information in the PGR in line with the NR-1, labor claims alleging the company’s liability for workers’ potential mental illnesses may increase. In such cases, workers may be able to use the information in the PGR to argue that the workplace was a decisive factor in their illness.

Social security repercussions

Leave from work due to psychosocial issues may result in social security benefits (sick leave) being granted if it lasts for more than 15 days. With the NR-1’s new wording, the Brazilian Social Security Institute (INSS) may automatically classify the benefit as accident-related (code B91), given the technical epidemiological nexus (NTEP) between the work and the worker’s health issue.

Companies have the right to contest the nexus between the work and the worker’s health issue within 15 days of the worker commencing leave. In the event the cause of the leave is unknown, companies may contest within 15 days of becoming aware of the INSS’ decision to attribute the NTEP.

Accident Prevention Factor (FAP)

Calculated annually by Brazil’s Ministry of Social Security, the FAP is an indicator that assesses companies’ occupational health and safety performance and reflects the cost of accident-related leave for the INSS. The accident-related nature (B91) of the social security benefit impacts the FAP calculation, which then increases the base rate for calculating workplace risk contributions (RAT/SAT – intended to cover benefits arising from work accidents and exposure to harmful agents).

The FAP also takes into account the sector (CNAE) the company operates in to assess the performance of each company in relation to its peers regarding the incidence of accident-related events. Companies with high worker leave rates may be subject to a higher FAP, directly impacting their social security costs.

The changes to the NR-1 and the management of psychosocial risks represent a complex challenge for companies. Nonetheless, by implementing appropriate methodologies and with the collaboration of occupational health professionals, it is possible to create safer, healthier workplaces and mitigate potential labor and social security risks arising from the changes.

For more information on this topic, please contact Mattos Filho’s Labor & Employment and Tax practice areas.