Updating the MTE’s NR-1 – far beyond an obligation: good occupational risk management practices demonstrate good faith towards the stakeholders[1] linked to the company and allow it to stand out in the competitive market for its governance in compliance with regulatory precepts.
Regulatory Standard No. 1 (NR) is a Ministry of Labor and Employment (MTE) standard that establishes the general requirements for safety and health (physical and psychosocial) at work. It is considered the mother-standard of occupational safety, as it is the basis for occupational safety and health standards in Brazil.
This NR was updated in August 2024, through MTE Ordinance No. 1,419, to address the management of psychosocial risks, such as stress, harassment and work overload, which are harmful factors to workers’ emotional and physical health. The instrument also addresses the Risk Management Program (PGR), which brings together guidelines for identifying, assessing and controlling occupational risks.
The main novelty of NR-1 is the inclusion of psychosocial risks in Occupational Risk Management (GRO), making it mandatory to adopt preventive measures to protect workers’ mental health.
NR-1 now uses the term“psychosocial risks” in its text, officially recognizing that factors such as work organization, interpersonal relationships and the corporate environment can have an impact on workers’ health.
The MTE standard (in the wake of Law 14.457/22) highlights the importance of a confidential Whistleblowing Channel as a risk management tool. As well as being one of the most effective means of complying with the new Occupational Risk Management requirements, the Whistleblowing Channel contributes to a more transparent and respectful working environment.
Strengthening the culture of prevention and well-being avoids situations that could compromise workers’ psychological health and productivity, considering that occupational stress, anxiety, depression and burnout are risk factors that need to be monitored and prevented.
With the growth in reports of moral and sexual harassment, illnesses at work, the high number of lawsuits on the subject and the Ministry of Health’s inclusion of mental disorders in the list of work-related illnesses, compliance with the precepts of NR-1 ensures that companies are aligned with good governance and compliance practices in order to prevent risks and reduce labor liabilities. There is also a reduction in costs with absenteeism, sick leave and turnover and an increase in productivity with worker satisfaction in general.
Another important change in NR-1 is the need for companies to analyze events that could have led to work-related accidents and illnesses, even if this scenario has not materialized. The preventive approach seeks to reduce risks before they cause real harm to workers.
Structured planning for dealing with risk situations should include carrying out simulated exercises as an emergency response procedure, so that everyone knows how to act in critical situations.
NR-1 also requires the company’s RMP to present specific prevention measures for outsourced professionals and service providers, ensuring that they have access to a safe environment and adequate protection measures. Contracting companies can, however, use the risk management programs of service providers, as long as they meet the requirements of the updated NR-1.
Companies have until May 25, 2025 to adapt to the updates to the MTE’s NR-1 to, in short, address issues related to psychosocial risks; promote the investigation of dangerous events at work; draw up plans for carrying out emergency response exercises; and detail the protection of outsourced workers and service providers.
Compliance with NR-1 is a mechanism that helps to implement good compliance and risk management practices, benefiting companies by increasing productivity through a fair concern for the physical and emotional well-being of their stakeholders. At the same time, it acts to equalize, by preventing and reducing expenses with indemnity lawsuits and compensation actions brought by the social security agencies due to the benefits and aid granted to workers.
Companies that ignore the requirements of Ordinance 1,419 could face serious consequences, such as fines from MTE inspections (calculated in proportion to the number of employees and the level of infraction – from level 2 to 4). Negligence in implementing mental health measures can lead, in extreme cases, to the embargo or interdiction of sectors, if cases of imminent risk are found.
To reinforce the importance of corporate action, Law No. 14,831/2024 was enacted at the same time, creating the Mental Health Promoting Company Certificate, which will be awarded to companies that adopt good practices to promote well-being at work.
Investing in the mental health of employees and promoting well-being in the workplace ensures that companies stand out in the market, making them more attractive to talent and partners, which increases their competitiveness.
In a highly competitive scenario, companies that don’t adapt to this new reality could lose out on business opportunities, since the approach brought in by NR-1 and the possibility of certification are in line with global trends of investment in balanced working environments, reduced costs of sick leave and greater productivity.
By Luciana Klug
Labor Law | CPDMA Team
[1] Describes individuals or groups who have a direct or indirect interest in the operations of an organization or company. It includes employees, service providers, partners, workers in general.