In the current health emergency, it is not possible to perform a psychosocial risk assessment by applying the psychosocial risk tool in person.

Therefore, the Ministry of Work has decided to suspend the physical performance of this evaluation until the end of the Health Emergency declared by the Ministry of Health and Social Protection.

Consequently, in order to identify, evaluate, monitor and intervene the psychosocial risk factors of employees, the Set of Instruments for the Evaluation of Psychosocial Risk Factors must be carried out virtually once the Ministry of Work has published on the Labor Risk Fund ‘web page the software for its implementation. 

Psychosocial aspect of work from home

Regarding work from home, the following measures are recommended:

1.    Comply with the maximum legal working hours (8 hours per day and 48 hours per week) and the maximum legal supplementary working hours (2 hours per day and 12 hours per week)
2.    Guarantee the right to digital job disconnection 
3.    Pay overtime surcharges when exceeding the working hours
4.    Maintain the usual workload of employees without additional surcharges or outside the daily service, except when exceptionally required to avoid further damage to the employer.
5.    Promote active break hours, the minimum break between continuous meetings and encourage and practice self-care.

6.    Divide working hours in to 2 sections, with an intermediate break 

Work-life balance 

1.    The employer cannot assign workloads different from those established within the working day 
2.    The employer must respect the work on agreed days, avoiding requesting tasks during weekends and days off
3.    Emails and messages via WhatsApp will be attended as a priority by the employee during the workday, always respecting personal life and rest time.
4.    Establish strategies for promoting and respecting rest and entertainment of employees 

Preexisting diseases, work, and psychosocial aspect 

1.    Have an updated census of personnel with pre-existing diseases making them more vulnerable to the spread of COVID-19
2.    Respect medical leaves 
3.    Establish special protection measures for employees, students and teachers in training internships that are more vulnerable due to their pretexting diseases or personal situation, such as telework, telemedicine and temporary academic or work relocation

Post pandemic

1.    Raise awareness of self-care and psychological care, even after the pandemic
2.    Adopt measures that contribute to physical and mental well-being such as physical activity, healthy eating and activities that strengthen emotional intelligence and stress management

Responsibilities of companies 

1.    Comply with all regulations, protocols and guidelines related to mental health and psychosocial risk factor
2.    Create and maintain active the Labor Coexistence Committee using technological tools
3.    Carry out activities, analysis, and work return programs for the productive reactivation
4.    Facilitate spaces and times for the execution of promotion and prevention activities on psychosocial risk by the Occupational Risk Administrators (ARL) and ensure the participation of employees
5.    Ensure the payment of the agreed remuneration
6.    Handle suspected or confirmed cases with complete confidentiality and carry out adequate psychosocial monitoring
7.    Provide remote psychological assistance and develop measures to promote mental health and the prevention and intervention of stress and mental problems and disorders that the pandemic is generating

The virtual implementation of the Set of Instruments for the assessment of Psychosocial Risk Factors is a faculty of the employer.

Responsibilities of employees 

Employees and independent contractors must comply with the following preventive measures:

1.    Attend training sessions carried out by the employer or contracting company or by the ARL
2.    Take care of their health and provide clear, truthful, and complete information on their health status
3.    Collaborate to maintain a favorable organizational environment and free of violence
4.    Know and participate in the detection of psychosocial risk factors
5.    Report situations that put the environment and its members at risk

Likewise, ARLs have several responsibilities, among which is the information report.

Breach

Failure to comply with the established obligations implies the imposition of fines between 1 and 500 minimum monthly legal wages.

See full text of Circular Letter 64 of 2020