BRAZIL Trends and Developments Contributed by: Patricia Barboza, Alinne Gordilho and Amanda Costa, CGM Advogados
First Trend: Internal Investigations and Psychosocial Risk Prevention
The rule requires companies to adopt a process of continuous improvement in health and safety, which may be supported by internationally recognised approaches, such as the PDCA (Plan, Do, Check, Act) cycle. Effective management of psychosocial risks is not only a legal requirement in Brazil, but also a practice aligned with global health and safety rules, essential for promoting well-being, productivity and organisa - tional sustainability. It is worth noting that the current wording of NR-1, in force until 25 May 2026, already determines the man - agement of all occupational risks, including psycho - social ones. However, the new wording, expected to be effective from 26 May 2026, reinforces and places greater emphasis on this obligation, highlighting the importance of mental health and well-being in the workplace. In this scenario, internal investigations take on a stra - tegic role: not only to investigate illegal conduct, but also to act as a preventive tool to identify signs of har - assment, burnout, and psychological violence before they turn into crises. This change requires clear pro - tocols, trained teams, and an approach that combines technical rigour with human sensitivity. The changes in NR-1 consolidated the obligation for companies to adopt measures to identify, assess, and mitigate psychosocial risks in the workplace, including moral and sexual harassment, burnout, chronic stress, psychological violence, and discrimination. The rule reinforces that the management of these risks must be integrated into occupational health and safety programmes, in addition to requiring a close look at people and work dynamics, with a systematic and preventive approach. Innovative companies already use internal investiga - tions to map vulnerabilities before they turn into cri - ses, through: • monitoring reporting channels, by analysing pat - terns in reports brought to the company’s attention (including anonymously) to identify critical areas;
With the recent changes to NR-1 of the MTE, Brazil - ian companies face both a new challenge and a new opportunity: integrating psychosocial risk manage - ment into their compliance and governance practices. Mental health care at work is no longer a peripheral issue but has become a regulatory and reputational imperative. Brazilian law requires organisations to adopt a struc - tured process for Occupational Risk Management (GRO), which involves identifying and assessing haz - ards, classifying risks, eliminating or reducing threats, implementing preventive measures, and continuously monitoring controls. The update to NR-1 reinforces the need to consider psychosocial risk factors, such as work overload, har - assment and deficiencies in work organisation, which can significantly impact the physical, psychological and social health of workers, including by contributing to stress, burnout and depression. These factors must be incorporated into the dynamics of the GRO – ie, the process of hazard identification, risk assessment, and implementation of preventive measures. The new legal text introduced the definition of prob - ability by type of risk, including psychosocial fac - tors within the item addressing ergonomic factors. To assess the probability of injuries or harm result - ing from these factors, it is necessary to consider the demands of the work activity and the effectiveness of preventive measures. This assessment does not consist of measuring indi - vidual symptoms or biological signs but rather analys - ing working conditions and identifying which aspects act as stressors capable of causing damage to health. In addition, practices must incorporate the ergonomic guidelines set out in Regulatory Standard No 17 (NR- 17) of MTE, covering work organisation, furniture, transport of materials, use of machinery, and comfort conditions.
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