NR-1 and Psychosocial Risks: how the new regulation is transforming legal management

Mental health in the corporate environment is no longer just a concern related to people management; it has taken on a strategic position on the legal, labor, and compliance agenda of Brazilian companies. The update to Regulatory Standard No. 1 (NR-1), issued by the Ministry of Labor and Employment, represents a significant change in how organizations of all sizes must identify, assess, and manage occupational risks.

With the express inclusion of psychosocial risks in Occupational Risk Management (Gerenciamento de Riscos Ocupacionais - GRO) and the Risk Management Program (Programa de Gerenciamento de Riscos - PGR), factors such as workplace bullying (assédio moral), excessive workload, overly aggressive targets, interpersonal conflicts, burnout, and occupational stress now formally become part of the prevention system required under Brazilian labor legislation.

More than a documentation requirement, the new regulation imposes a cultural and organizational shift that directly affects corporate governance, people management, and the prevention of labor liabilities. In this context, understanding the legal impacts of the new NR-1 has become essential for business owners, managers, human resources departments, and compliance areas.

The evolution of mental health protection in the workplace

Historically, occupational health and safety legislation focused its efforts on preventing physical, chemical, biological, and ergonomic risks. However, the rise in work-related mental illness cases, combined with the growing number of lawsuits involving burnout, depression, anxiety, and harassment, drove the need to update regulatory standards.

Ministry of Labor and Employment Ordinance No. 1,419/2024 introduced an important change to the chapter of NR-1 dealing with occupational risk management, determining the inclusion of work-related psychosocial risk factors in the occupational risk inventory and in the preventive measures adopted by companies.

This change brings Brazil closer to international occupational health protection guidelines and reinforces the understanding that a safe work environment is not limited to preventing physical accidents, but also encompasses preserving workers' mental and emotional health.

What psychosocial risks are and why they have gained legal relevance

Psychosocial risks correspond to factors related to work organization, management models, and interpersonal relationships that can negatively impact workers' physical and mental health.

Among the most common examples are excessive workload, undue pressure for results, lack of managerial support, lack of autonomy, organizational conflicts, workplace bullying (assédio moral), sexual harassment, and corporate environments marked by psychological insecurity.

The legal relevance of these factors stems from the growing recognition, by legal scholars, case law, and regulatory bodies, that certain organizational conditions can directly contribute to occupational illness.

In recent years, Labor Court decisions have recognized employer liability when a causal link is demonstrated between the work environment and psychological disorders developed by employees. Although each case requires individualized analysis, there is a growing trend toward valuing the preventive measures adopted by the company as an essential element in assessing employer diligence.

In this scenario, the update to NR-1 establishes objective parameters for evaluating corporate conduct, creating a regulatory benchmark that may influence administrative inspections, investigations by the Labor Prosecutor's Office (Ministério Público do Trabalho), and lawsuits involving mental health at work.

New company obligations under NR-1

The inclusion of psychosocial risks in the PGR requires more structured action from organizations. It is not enough to insert generic references to mental health in internal documents. The regulation demands a continuous and documented process of identifying, assessing, addressing, and monitoring existing risks.

In practice, companies must develop diagnostics compatible with their operational reality, assessing factors related to workload, organizational culture, leadership processes, reporting channels, absenteeism rates, turnover, social security-related leaves of absence, and other indicators that may reveal situations of psychosocial vulnerability.

Another relevant aspect is the need for effective involvement of human resources, occupational safety, compliance, and corporate leadership. Managing psychosocial risks requires a multidisciplinary approach capable of integrating legal, organizational, and human factors.

In addition, the regulatory update strengthens the connection between NR-1 and other existing legal obligations, such as the measures to prevent and combat harassment set out in Law No. 14,457/2022, particularly within the scope of the Internal Commission for the Prevention of Accidents and Harassment (Comissão Interna de Prevenção de Acidentes e de Assédio - CIPA).

Inspection, liability, and increased legal exposure

The initial implementation period of the new regulation had an educational and guidance-oriented character. However, as of May 26, 2026, enforcement has taken on a fully punitive nature, allowing fines to be issued in cases of non-compliance with requirements related to psychosocial risks.

From a business perspective, the most significant impact may not lie solely in administrative fines. The main concern lies in the potential increase in labor liabilities and the use of PGR-related documentation as evidence in court proceedings.

Companies that lack adequate records of the identification, assessment, and mitigation of psychosocial risks may face greater difficulty demonstrating that they adopted preventive measures consistent with their legal duties to protect workers' health.

On the other hand, organizations that implement consistent risk management programs tend to strengthen their defense capabilities in litigation involving allegations of occupational illness, organizational harassment, or moral damages arising from working conditions.

The Labor Prosecutor's Office (Ministério Público do Trabalho) also now has a more robust regulatory basis for investigating business practices that may compromise the collective mental health of workers, especially in sectors marked by high performance pressure or high rates of psychological illness.

Regulatory trends and impacts on corporate governance

The update to NR-1 should not be viewed as an isolated measure. It is part of a broader regulatory movement aimed at strengthening ESG practices, corporate governance, and corporate social responsibility.

Investors, financial institutions, business partners, and regulatory bodies have shown growing interest in indicators related to worker well-being, diversity, inclusion, and the sustainability of labor relations.

In this context, the management of psychosocial risks is no longer merely a labor law obligation but has taken on strategic relevance within modern corporate governance models.

Companies that adopt effective prevention mechanisms tend to strengthen their institutional reputation, reduce absenteeism and turnover rates, improve organizational climate, and decrease exposure to labor disputes.

In addition, the use of internal indicators, organizational climate surveys, management training, and secure communication channels plays a relevant role in demonstrating regulatory compliance and corporate diligence.

The inclusion of psychosocial risks in NR-1 represents one of the most significant recent transformations in the Brazilian occupational health and safety system. The new regulation broadens the concept of occupational protection and reinforces the need for companies to adopt an integrated view of their employees' physical and mental health.

More than meeting a legal requirement, adapting to the new rules should be seen as an opportunity to strengthen governance structures, improve people management, and reduce future legal risks.

Given the growing attention that regulatory bodies, the Labor Prosecutor's Office, and the judiciary are paying to mental health issues in the corporate environment, adopting preventive measures that are properly documented and aligned with the company's operational reality is likely to play an increasingly important role in mitigating labor liabilities and promoting sustainable work environments.

In this scenario, preventive legal counsel, integrated with human resources, compliance, and occupational safety areas, can help build compliance strategies capable of keeping pace with regulatory developments and reducing corporate vulnerabilities.