Debate over psychosocial risks rekindles concerns regarding legal certainty, enforcement and corporate preparedness.
By Julhi Bonespírito
Legale Overseas, no. 973.
The Brazilian Federal Government is once again assessing the possibility of postponing the entry into force of the amendments to Regulatory Standard No. 1 (NR-1). The changes address the inclusion of psychosocial risks within Occupational Health and Safety (SST) management and have sparked discussions among companies, government authorities and technical bodies regarding the implementation of the regulation.
NR-1, updated in 2024, expanded the scope of the Risk Management Program (PGR) to encompass factors affecting workers’ mental health, such as occupational stress, moral harassment, excessive workload, extended working hours and lack of organizational support. With the update, such risks would become subject to labor inspections, with the possibility of penalties at a level equivalent to that applied to physical risks and workplace accidents.
Although originally scheduled to take effect in 2025, the requirement was postponed to 2026 following representations from the business sector. Now, as the new deadline approaches, the Ministry of Labor and Employment is once again considering a potential delay, in light of business concerns related to legal uncertainty, the subjectivity of enforcement criteria and the need for greater technical clarity for implementation, particularly among micro, small and medium-sized enterprises.
Conversely, technical entities and organizations linked to occupational health and safety have expressed opposition to any further postponement, arguing that the adaptation period already granted has been sufficient. These institutions warn that successive delays may undermine the effectiveness of the regulation, especially in a context of a significant increase in work absences due to mental health disorders in the country.
The Ministry of Labor itself has reiterated that any potential postponement of penalties does not exempt companies from their duty of preventive management. According to the Ministry, mental health is already part of the general obligation to provide safe, healthy and organizationally sustainable working environments.
Key considerations
Regardless of the final decision on the timeline, the matter highlights the importance for companies to:
• review and strengthen their Risk Management Programs (PGR);
• begin identifying and addressing psychosocial risks relevant to their operations;
• adopt documented preventive measures, integrating leadership, work organization and internal communication;
• closely monitor regulatory developments and the Ministry of Labor’s guidance.
The discussions surrounding NR-1 signal a clear regulatory trend toward integrating mental health, labor compliance and risk management, which is expected to remain a key focus of enforcement and institutional activity in the coming years.
Vaz de Almeida Advogados continues to monitor regulatory developments related to occupational health and safety, assessing their legal and regulatory impacts on companies.
Translation Disclaimer
This document was originally drafted in Portuguese and subsequently translated into English using artificial intelligence (AI).
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