Brazil Ministry of Labor May Postpone NR-1 Workplace Mental Health Amendments

Employers in Brazil may be aware of amendments to Regulatory Standard No. 1 (NR-1) that would require the inclusion of mental health and psychosocial risks in their Occupational Risk Management Programs. However, news in late March suggested that the Brazilian government is considering postponement of the amendments’ entry into force.

The updated NR-1 identifies burnout, harassment, and excessive working hours as examples of such risks, and NR-1 applies to all employers and employees in Brazil, “regardless of the size, nature, or location of the establishment,” according to coverage of the country’s regulatory standards provided by Brazilian NR. Under the amended standard, labor inspections could be conducted, and offenders could face penalties equal to those applied for workplace accidents and the presence of physical risks. Fines for safety violations can reach 7,000 BRL (~ $1,360 USD) and 4,000 BRL (~ $776 USD) for health violations.

The amendments were originally due to take effect in 2025 and were later postponed to May 2026. At the end of March, law firm Vaz de Almeida reported that the Ministry of Labor and Employment may again delay the rollout due to concerns around legal uncertainty, enforcement criteria that are perceived to be subjective, and the need for more technical clarity for implementation among smaller businesses. Occupational health and safety organizations oppose the additional postponement of the amendment given the increase in mental-health-related work absences in Brazil.

The government points out that regardless of the amendment’s status, companies are still responsible for the preventive management of mental health risks in the workplace. For that reason, employers in Brazil should consider strengthening their risk management programs (Programa de Gerenciamento de Riscos – PGR) for employee mental health. In Brazil, psychosocial risks have been integrated into occupational health and safety compliance, and employers must take it seriously.

Sources: Ogletree Deakins, Brazilian NR, Vaz de Almeida