Over the past months, due to the discussions led by the Federation of Commerce of Goods, Services and Tourism of the State of São Paulo (FecomercioSP), the Ministry of Labor and Employment (MTE) was considering postponing the effective date of the new requirements for the assessment and management of psychosocial risks in the workplace by companies as established by Regulatory Standard No. 1 (NR-1).
In fact, on April 24, the Minister of Labor and Employment, Luiz Marinho, announced that the new rules on psychosocial risks would come into effect on May 26, 2025, but they would be in force only for educational purposes during the first 12 months.
However, today, May 16, the MTE issued a new ordinance (Ordinance No. 765/25) altering the scenario recently outlined by the Minister of Labor and Employment.
The Ordinance postpones the date the new rules will come into force to May 25, 2026.
Thus, companies will have additional time to identify the existence of risks in the workplace related to mental health, with the caution and attention that the matter requires.
As already pointed out in our first article on this matter, we recommend companies to map and analyze their respective realities to identify the existence or not of psychosocial risks in the workplace and develop risk mitigation measures.
It is important to emphasize that presuming the existence of psychosocial risks can lead to premature and incorrect conclusions about the work environment, which consequently may expose the company to unnecessary risks.
It is essential to involve occupational physicians, occupational safety technicians, and other professionals specialized in health and safety in the workplace in all procedures to identify the existence (or not) of such psychosocial risks and to monitor them.
