NR-01 and psychosocial risks: what applies while Brazil's STF holds fines

On September 24, 2026, Justice André Mendonça of Brazil's Supreme Federal Court (STF) extended for another 90 days the suspension of fines and other penalties based on the parts of NR-01, Brazil's general occupational health and safety standard, that deal with psychosocial risks. The decision, issued in ADPF 1316 (a type of constitutional challenge), does not suspend the standard: the new risk management chapter has applied since May 26, 2026, and still requires employers to identify, assess and control these risks. Here is what this means in practice.

What happened

Portaria MTE nº 1.419/2024, an ordinance of the Ministry of Labor and Employment (MTE), rewrote chapter 1.5 of NR-01, on occupational risk management (GRO, from the Portuguese), and expressly added work-related psychosocial risk factors. It was due to take effect in May 2025, but the MTE postponed it to May 26, 2026 (Portaria MTE nº 765/2025) and treated the first year as an educational phase. For the new requirements, the ministry announced a double-visit approach, with an initial 90-day period focused on guidance.

On June 25, in a case brought by the National Confederation of Educational Establishments (Confenen), Mendonça suspended for 90 days the sanctioning effect of five items of the standard, only as regards psychosocial risks. In a preliminary assessment, he found that open and subjective concepts about punishable conduct undermine legal certainty. He also suspended the effects of penalties already imposed and sent the case to the STF's conflict resolution center (Nusol).

The full court unanimously upheld the injunction on August 18. Related cases filed by the National Health Confederation (CNSaúde, ADPF 1333) and the National Confederation of Commerce (CNC, ADPF 1340) are being heard together. After the first conciliation meeting, on September 14, both groups asked for more time, and Mendonça extended the suspension.

What is suspended and what still applies

The suspension only covers the use of these items as grounds for infraction notices, fines and other coercive measures tied to psychosocial factors:

NR-01 item	What it requires
1.5.3.1.4	Risk management covers all risks, including psychosocial ones
1.5.3.2.1	Working conditions under NR-17 (the ergonomics standard) must be considered, including these factors
1.5.4.4.2.1	Assessment tools suited to the risk
1.5.4.4.2.2	Documented criteria for severity, probability and classification
1.5.4.4.5.3	Probability considers the demands of the activity and the effectiveness of measures

According to the decisions, NR-01 remains in force and its guidelines must be followed; inspectors can still inspect and issue recommendations; and companies can still be fined under other rules.

The MTE's own guide points out that the previous version of NR-01 already required employers to manage all occupational risks, psychosocial ones included. The 2024 text simply made that explicit.

Timeline and next steps

Date	What happened
Aug 27, 2024	Portaria MTE nº 1.419/2024 approves the new chapter 1.5
May 15, 2025	Portaria MTE nº 765/2025 postpones the effective date
May 26, 2026	The new text takes effect
Jun 25, 2026	Injunction in ADPF 1316 suspends penalties
Aug 18, 2026	The full court upholds the injunction
Sep 14, 2026	First conciliation meeting at Nusol
Sep 24, 2026	Suspension extended for 90 days
December 2026	Expected end of the new period, unless there is a new decision

According to the legal news site Migalhas, the Attorney General's Office (AGU) proposed taking the discussion to the Chamber for the Promotion of Legal Certainty in the Business Environment (Sejan), and Mendonça asked for more information before deciding. As of publication, there was no agreement and no new wording for the items.

Why waiting is a bad idea

• The duty remains. What is on hold is the penalty based on five items, not the obligation to manage risks.
• The relief is temporary. Conciliation aims at more objective criteria for penalties, not at scrapping the rule.
• The work takes months. Listening to teams and carrying out a plan cannot be rushed, and the problem is real: in 2025, INSS (Brazil's social security institute) granted 546,254 benefits for mental disorders, as we show in our article on the record in mental health leave.

Step by step for HR and OSH teams

The MTE has published a guide on psychosocial risk factors (2025), a GRO/PGR manual (2026) and a Q&A on chapter 1.5 (April 2026). Based on them:

1. Assign responsibility. The standard does not require a specific professional, but it does require adequate technical knowledge. Involve the SESMT (the company's occupational health and safety service), if there is one, the CIPA (internal committee for the prevention of accidents and harassment) and managers.
2. Use the data you already have. Leaves, work accident reports (CAT), indicators from the PCMSO (the occupational health medical program), absences and overtime show where to start.
3. Identify hazards in real work. Observe activities and talk to teams. The MTE list includes overload, lack of support, low autonomy, unclear roles, poor relationships, remote and isolated work, and harassment.
4. Listen anonymously. Questionnaires are optional. Their results must be analyzed and incorporated into the AEP (preliminary ergonomic assessment) and the risk inventory; on their own, they do not prove risk management.
5. Document your criteria. Severity, probability and risk levels must be in writing.
6. Build the action plan. With a schedule, owners and indicators. The MTE recommends prioritizing changes in how work is organized, such as targets, breaks and team size.
7. Review. Every two years or sooner, for example after changes in work, cases of illness or a justified request from workers or the CIPA.

Note: periodic medical exams do not replace risk assessment, and micro and small businesses exempt from the PGR (Programa de Gerenciamento de Riscos, the occupational risk management program) must still carry out the AEP.

What about outsourcing?

NR-01 has specific rules for service contracts (item 1.5.8): the client's PGR must include measures for contractors working on its premises, or use the contractors' programs, and both parties must share information on risks. Pressure from the client's targets and harassment by third parties should be part of the assessment.

Harassment, CIPA and whistleblowing channels

Harassment is on the MTE's list of risk factors, and preventing it already has its own legal basis. Under Lei nº 14.457/2022, companies with a CIPA must have conduct rules, procedures to receive and investigate complaints with anonymity, the topic included in CIPA activities and training at least every 12 months (art. 23).

Aggregated channel data, such as the volume and types of reports by area, help locate hazards without exposing whistleblowers. In TIRVU+, the Surveys module measures workplace climate, including through the NR-01 psychosocial risk questionnaire, with real-time results, and the Whistleblowing Channel receives anonymous reports with a tracking protocol. These are inputs that the occupational safety and health team analyzes and brings into the risk inventory.

What employees need to know

• The assessment looks at working conditions, not at individual diagnoses or personal life.
• NR-01 provides for consulting workers on how they perceive risks and informing them of the measures adopted.
• Surveys on the topic must preserve anonymity.
• Harassment can be reported through the company's channel, with anonymity guaranteed by law.
• For emotional support in Brazil, CVV (a free emotional support service) answers at 188, 24 hours a day; in SUS, Brazil's public health system, you can go to a primary care unit (UBS) or a psychosocial care center (CAPS).

What to do now

• Check whether the risk inventory already covers psychosocial factors
• Document severity, probability and classification criteria
• Plan how to listen to teams, with anonymity and advance notice
• Draft the action plan with deadlines, owners and indicators
• Review targets, schedules and overtime at the most critical sites
• Update conduct rules and the whistleblowing workflow
• Align risks at outsourced sites with clients
• Follow ADPF 1316 until the new period ends

FAQ

Has the STF suspended NR-01?

No. Only penalties based on five items, in the part related to psychosocial risks, are suspended. The standard is in force.

Is a questionnaire mandatory?

No. The MTE neither requires nor recommends a specific tool. If a questionnaire is used, its results must be integrated into the AEP and the risk inventory.

What happens when the new period ends?

It depends on the conciliation. Mendonça may extend or revisit the measure, and penalties may apply again. It pays to be prepared.

Conclusion

The STF decision gave companies a break from fines, not an exemption from the obligation. The debate at the court is about clearer criteria, not about ending the rule. Companies that use the coming months to listen to their teams, document criteria and carry out an action plan will be better protected whatever the outcome.

Want to set up team listening and a secure whistleblowing channel in your operation? Talk to the Tirvu team and see TIRVU+ in action.

Sources

• MTE: Q&A on chapter 1.5 of NR-1 (Apr 30, 2026)
• MTE: guide on work-related psychosocial risk factors (2025)
• MTE: NR-01, updated text
• Agência Brasil: Mendonça suspends mental health fines again (Sep 25, 2026)
• ConJur: penalties remain suspended (Aug 19, 2026)

This text reflects the status of the STF case on October 7, 2026, its publication date.

This content is for informational purposes only and does not replace specialized legal advice.