Brazil expands occupational risk management rules to include mental health risks

Brazil has expanded its occupational risk management rules to include work-related psychosocial risk factors, such as stress, work overload, and harassment. Employers in Brazil will be required to identify, assess and adopt preventive measures for these risks by 25 May 2026. This change marks a significant step in recognizing the importance of mental and emotional wellbeing in the workplace.

Background

On 27 August 2024, Brazil’s Ministry of Labor and Employment (MTE) issued Ordinance No. 1,419/2024, which amended Regulatory Norm No. 1 (the “Regulation”). The Regulation sets out the general provisions for employers to manage health and safety in the workplace through Occupational Risk Management (GRO).

The MTE had originally given employers until 25 May 2025 to comply with the amended Regulation but on 16 May 2025, the MTE postponed the deadline by one year to 25 May 2026 to give employers more time to prepare. As a result, full enforcement of the new rules will only begin on 26 May 2026.

Key details

The Regulation previously required employers to manage all occupational risks, being all potential factors that can cause illness or injury in the workplace, which could include psychosocial risks. However, it primarily referred to risks from physical, chemical and biological agents, accidents, and ergonomic factors.

The amended Regulation explicitly requires employers to include work-related psychosocial risk factors in their occupational risk management systems. This aims to ensure employers address not only physical hazards, but also work-related psychosocial risks that can harm employee health and productivity. These cover a wide range of work-related psychological or social factors such as:

  • Job stress and mental overload

  • Excessive working hours

  • Work overload

  • Bullying and harassment

  • Interpersonal conflicts

  • Lack of autonomy or unclear roles

Employers are required to address these risks through the same procedures applied to any other occupational risks under the Regulation. This includes avoiding or eliminating hazards, identifying hazards, assessing risks, classifying risks, implementing preventive measures, and monitoring the control of occupational risks. Employers will need to record identified psychosocial risks in their risk register (a formal document mandated by the Regulation for the purpose of tracking occupational risks) and develop an action plan setting out preventive measures, which must be monitored regularly to assess their efficiency and whether any adjustments are needed.

Employer action: ACT

While enforcement of the amended Regulation will only begin from 26 May 2026, employers are encouraged to begin preparations early so that all necessary procedures are completed before the enforcement date. The process of reviewing and updating occupational risk management programs to include psychosocial risks can be time-consuming and may require specialized knowledge. Employers may consider engaging independent experts to assist them in the process and ensure better compliance.

The MTE has released a guide on work-related psychosocial risks here (opens a new window) (in Portuguese) to support employers in understanding and complying with the updated Regulation, including guidance on how to develop the action plan of preventative measures. Employers should review the amended Regulation and the MTE’s guide in detail to determine next steps, as well as how they wish to approach risk management in relation to work-related psychosocial risks.

For more information on wellbeing measures that could be adopted to address identified psychosocial risks, contact Eduardo Kolmar, Executive Director of Benefits, Lockton Brazil at eduardo.kolmar@lockton.com (opens a new window) and Julie Sonner, Global Wellbeing Consulting Leader, Global People Solutions at julie.sonner@lockton.com (opens a new window).

Further Information

Regulatory Standard No. 1 (NR-1) | Ministry of Labor and Employment (opens a new window)

Information guide on psychosocial risk factors related to work | Ministry of Labor and Employment (opens a new window)