STF suspends NR-1 fines on mental health at work for 90 days

NR-1: see what changes with the new rule on mental health at work
Minister André Mendonça, of the Federal Supreme Court (STF), suspended for 90 days the application of fines and other punishments provided for in Regulatory Standard No. 1 (NR-1) related to psychosocial risks in the workplace.
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The decision is provisional and was taken to allow an attempt at conciliation between government representatives, employers and other parties involved on how the standard should be applied.
In practice, companies remain obliged to identify and prevent work factors that may affect the mental health of employees, such as excessive workload, constant pressure, harassment and failures in work organization.
What remains suspended, for now, is the possibility of applying sanctions based on these provisions of the standard. In other words: labor inspectors are prohibited from applying punishments for the lack of mapping of psychosocial risks at work for 90 days starting this Thursday (25).
The action was presented by the National Confederation of Educational Establishments (Confenen), which argues that NR-1 does not define clearly enough which criteria must be followed by companies to evaluate and manage the so-called psychosocial risks.
According to the entity, this lack of objectivity can generate legal uncertainty and lead to the application of fines without clear rules.
When analyzing the request, Mendonça stated that the inclusion of psychosocial risks in NR-1 is important to protect the health of workers and follows a growing concern, in Brazil and abroad, with the impacts of work on mental health.
However, in a preliminary analysis, the minister understood that there are still doubts about what conduct is required from companies and in what situations they can be punished.
For this reason, the minister determined the opening of a conciliation at the Consensual Conflict Resolution Center (Nusol) of the Federal Supreme Court (STF).
The expectation is that, over the next 90 days, the government, employers and other participants will discuss ways to make the rules more objective, without reducing the protection of workers' mental health. After this period, the case will return for analysis by the rapporteur.
André Mendonça concluded the vote on the responsibility of social networks this Wednesday (5)
Gustavo Moreno/STF
What changes?
Companies remain obliged to comply with the NR-1 guidelines on the prevention of psychosocial risks.
Fines, fines and other sanctions based on the questioned provisions of the standard are also suspended for 90 days.
They are also suspended for 90 days. During this period, punishments that have already been applied based on these provisions are suspended.
The decision is preliminary and will still be analyzed by the STF plenary between the 7th and 18th of August.

Source: G1