Brazil workplace mental health risk assessments: what employers need to know

Brazilian employers will have to carry out risk assessments focused on employees’ mental wellbeing, under a government push to reduce staff absences by improving the mental health of the country’s workforce. 

Mental and behavioural problems are the third leading cause of sick leave in Brazil, according to the Brazilian Journal of Psychiatry. 

Brazil’s Ministry of Labour and Employment (MTE) has identified psychosocial risk factors – including unrealistic work goals, excessive hours, low morale, lack of support, workplace harassment, and lack of autonomy at work – for companies to address in their assessments. These have been linked to stress, anxiety, depression, and other mental health problems in workers.

From 26 May 2025, companies that detect these risk factors will have to implement corrective and preventative measures to address them, or face penalties.

Lexology PRO outlines what companies need to know about the new measures and speaks to in-house counsel at ride-hailing service Uber and biopharmaceuticals company AstraZeneca about the adjustments they are making ahead of the compliance deadline.

“A broader understanding of health and safety in the workplace”

All businesses will be required to include psychosocial risk assessments in their Occupational Safety and Health (OSH) management processes. Employers that fail to comply risk reputational damage and fines. They could also face claims for damages from their staff. 

It comes after the MTE updated Regulatory Standard No.1 (NR-1) in August 2024, significantly extending the scope of existing health and safety regulations that required companies to assess biological, chemical and ergonomic risks in the workplace. 

The move is intended to promote workers’ mental health and increase productivity (Portuguese language only). Renato Batista de Oliveira, legal director at AstraZeneca Brasil, told Lexology PRO that the expansion of NR-1 to include psychosocial risks “represents a broader understanding of health and safety in the workplace, promoting a more inclusive approach to employee welfare.”

Speaking to Lexology PRO, Uber Brasil’s labour and employment director Caroline Arioli describes a “growing recognition of the impact of psychosocial factors on employees' well-being and organisational productivity.” 

The update of NR-1 follows other government measures designed to improve mental health in the private sector, such as the introduction in 2024 of certificates publicly recognising companies championing employee wellbeing. In 2023 the MTE added (Portuguese language only) burnout to its list of potential health conditions related to work, along with several other mental health conditions. 

Figures released by Statista showed Brazil was the Latin American country with the highest amount of disability-adjusted life years (DALYs) – a measure of overall disease burden expressed as the number of years lost due to ill-health, disability or early death – due to mental disorders in the region. Anxiety and depression account for the highest proportion of DALYs in Brazil. 

“Work-related stress and burnout are becoming more prevalent among workers in Brazil and addressing these and other issues is crucial to maintain a healthy and motivated workforce,” AstraZeneca’s Oliveira said. Prioritising mental health can help improve employee satisfaction and enhance productivity, he added, but it goes beyond that. “It’s not just beneficial for individuals and companies but also contributes to societal-level health improvements, fostering a more sustainable workforce.”

What businesses need to do

Assess their workplace for psychosocial risks

The MTE is yet to publish a standard risk assessment procedure for employers to follow, so companies should tailor their approach to their own specific circumstances. 

Employers need to update their existing risk management programmes to include psychosocial risks. They can draw on various sources in their assessments, including consulting with their HR departments and reviewing employee complaints, recent labour lawsuits and employees’ history of medical leave.  

If they uncover risks to employee mental health these should be added to a risk inventory, which the MTE says must be kept up to date and retained for at least 20 years. Businesses must also implement action plans with corrective measures, such as reorganising workloads. These plans should be continuously monitored to assess how effective they are. 

It’s a good idea to plan what corrective measures to take ahead of time. AstraZeneca intends to build on existing mental health wellbeing initiatives by implementing new policies for stress management, flexible working, employee assistance and team-building activities, said Oliveira.

Provide regular training to all employees

Companies should train all employees – particularly managers and supervisors – on how to understand, identify and combat risks to mental wellbeing, as well as how they themselves can contribute to a healthy, harassment-free workplace. For example, Uber – which received a "Great Place to Work" certification in 2024 – has a leadership training programme that includes a component on how to support employees returning to work after a period of leave due to mental health concerns. The company’s return to work protocol also exempts these employees from performance targets and productivity expectations during their first four weeks back, allowing them to prioritise their well-being.

Prepare for inspections

The MTE will carry out planned inspections of businesses, but it is not known when these will happen. It will also respond to specific complaints from workers. Planned inspections will prioritise sectors with a higher-than-average incidence of mental illness, such as banking. As part of these inspections the MTE will likely interview employees. The ministry will also seek to review company data on leaves of absence due to illness, so companies are advised to keep up-to-date records on employee absences.

Consider hiring experts

Companies might consider hiring independent experts such as occupational physicians to help them identify potential workplace hazards undermining employee mental health. Independent experts can help companies detect more nuanced risks to employee welbeing. Unlike other occupational hazards that are obviously a health risk – such as handling chemical products – risks to mental wellbeing can be harder to observe.

For example, Uber has its own dedicated environmental health and safety team, but it also already engages a specialised third party to help it carry out periodic workplace risk assessments, “to ensure technical rigor and regulatory alignment,” said Arioli. Ahead of the upcoming expansion of NR-1, the company is working closely with its external advisers to achieve a “proactive and comprehensive risk management approach”, she added. 

Stay up to date with key developments and in-depth articles by following Lexology’s Occupational health and safety research hub. 

See our interactive Compliance Calendar for key upcoming deadlines and dates in core compliance areas throughout 2025, including enforcement dates, reporting deadlines and changes to regulations.