The global mental health crisis has ceased to be a peripheral issue and has become a relevant factor of corporate risk. Rising rates of employee sick leave, increasing healthcare costs, declining productivity and the growth of labor litigation have led several countries to review their regulatory frameworks.
In Brazil, this movement is reflected in the amendments to Regulatory Standard No. 1 (NR-1), which will enter into force on January 26, 2026.
As of that date, psychosocial risks will formally be incorporated into the Risk Management Program (Programa de Gerenciamento de Riscos – PGR), alongside physical, chemical, biological, ergonomic and accident-related risks. Mental health will therefore no longer be treated merely as a voluntary well-being initiative, becoming instead a mandatory component of occupational risk management.
In practice, companies will be required to demonstrate that they identify, assess and manage psychosocial risks arising from work organization and management practices, based on sound technical methodologies and consistent evidence. NR-1 does not demand documentation alone, but rather structured processes, alignment between stated policies and actual practices, and effective governance.
Compliance requires a multidisciplinary approach, involving Occupational Health and Safety, Human Resources (particularly Learning and Organizational Development) and the Legal Department.
In summary, the management of psychosocial risks, as set out under NR-1, is structured around three interdependent stages:
(i) a technical diagnosis of psychosocial risk factors related to work organization, based on qualified listening to employees and aimed at identifying perceptions regarding excessive demands, extended working hours, leadership styles, interpersonal relationships and management practices. This assessment must be complemented by the cross-analysis of objective internal indicators, such as absenteeism, presenteeism, health plan claims ratios, overtime levels, turnover, reports of harassment or discrimination, and organizational climate surveys;
(ii) the development of a structured action plan, with clear definition of priorities, responsibilities and timelines, as well as the implementation of preventive and corrective measures — including so-called “psychosocial PPE”, understood as organizational measures designed to mitigate the risk factors identified in the diagnosis, with particular emphasis on leadership training; and
(iii) ongoing and systematic monitoring of the measures implemented, with a view to assessing their effectiveness in reducing psychosocial risks and making adjustments whenever necessary.
Non-compliance exposes organizations to significant risks. Administrative penalties, investigations by the Labor Prosecutor’s Office, an increase in labor claims, social security impacts and reputational damage, including from an ESG perspective, are becoming increasingly tangible consequences.
Conversely, companies that act proactively and properly structure their psychosocial risk management tend to achieve clear benefits: legal compliance, greater legal predictability, reduction of hidden liabilities, healthier work environments, talent retention and enhanced corporate reputation.
As the effective date of the NR-1 amendments approaches, the importance of alignment between foreign headquarters and their Brazilian subsidiaries regarding how psychosocial risks are identified, managed and documented becomes even more evident.
Anticipating this alignment is no longer merely a prudent choice; it has become a legal, governance and institutional responsibility imperative.