Occupational Stress Health and Safety Laws BPF Webinar

Occupational Stress & Health and Safety Laws BPF Webinar 21 November 2018

Why is mental health in the workplace important? squirepattonboggs. com 2

Why is mental health in the workplace important? § One in four suffer with mental health issues at some point in their life § Mental ill health at work costs the UK economy £ 4– 6 billion per year § Manifestations: § Ill health - time off § Stress - poor concentration, accidents § Violence in the workplace § Suicides in the workplace squirepattonboggs. com 3

HSE definition of stress A harmful reaction that people have to undue pressures and demands placed on them at work Distinguish stress and pressure Pressure can be motivational – but too much pressure over a sustained period can manifest in stress which is harmful squirepattonboggs. com 4

Main work factors Workload pressure § Tight deadlines § Too much pressure § Too much responsibility squirepattonboggs. com 5

Implications following a suicide in the workplace § Significant impact on other employees § Workplace disruption including the police investigation § HR investigation § The Inquest § Employer culpability squirepattonboggs. com 6

Implicating work/employers as the cause of suicide – Suicide Notes § "This has nothing to do with you. I can’t go on. This job is too much for me. " § "My professional activity is the primary cause. It has crushed me and engulfed me to the point where I can no longer see any escape" - senior manager at La Poste, 5 December 2005 § "My suicide is due entirely to La Poste" - 49 -year-old manager, 15 January 2008 § "I consider La Poste’s management, at all levels to be the cause of my loss of bearings" - 42 -year-old postal worker, 11 March 2012 § "My actions are due solely to my professional situation" - attempted suicide of postal worker 4 March 2013 squirepattonboggs. com 7

Suicide – Germanwings pilot – March 2015 § The Germanwings co-pilot hid important information regarding his mental illness from his employer. Employers should be aware of the stigma that many employees may feel will result from their reporting a mental illness § Calls for greater screening for psychiatric disorders at work squirepattonboggs. com 8

Legal duties for employers s. 2 and s. 3 Health and Safety at Work etc. Act 1974 § Individual’s wellbeing - section 2 § Other employees wellbeing - section 2 § Non employees, contractors, members of public - section 3 "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees" "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety" squirepattonboggs. com 9

Legal duties for employers Regulation 3 and 5 MHSWR 1999 § Regulation 3 - Every employer shall make a suitable and sufficient assessment of: a. the risks to the health and safety of his employees to which they are exposed whilst they are at work; and b. the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking § Regulation 5 - appropriate health and safety arrangements - policies and procedures in place § Disability Discrimination Act 1995 & 2005 (DDA) and Human Rights Act 1998 (HRA) squirepattonboggs. com 10

Legal duties for employers § Identify hazards, including work-related stress § Assess the risk of stress related ill health arising from work activities § Put in place control measures to eliminate or mitigate the risk Note: potential interaction between work related stress and non-work related stress squirepattonboggs. com 11

Legal duties for employers § Monitoring and review functions § Monitor effectiveness of control measures: § Monitoring tools and indicators: § Staff turnover § Absence in specific department § Team meetings § Appraisals § Return to work interviews squirepattonboggs. com 12

Legal duties for employers HSE guidance § Common mental health problems (CMHPs) and work related stress often go together § Similar symptoms - loss of appetite, fatigue and tearfulness § Use of routine management tools to identify issues - such as scheduled work meetings, appraisals or informal chats § Use mental health as an agenda item at meetings § Reasonable adjustments at work § Once an employee goes off sick - the HSE advises individuals may begin to feel isolated and unable to return - keep them informed as to what is going on, including social events § Reassure them about their absence squirepattonboggs. com 13

Legal duties for employers HSE guidance - Tackling work-related stress using the Management Standards approach § HSE has identified 6 risk factors to be considered as part of the risk assessment exercise: 1. Demands of job 2. Control over work 3. Support received from managers & colleagues 4. Relationships at work 5. Role within organisation 6. Change and how it’s managed (communication) squirepattonboggs. com 14

HSE guidance § Promotion of wellbeing in the workplace § Put stress and mental health on agenda when considering capacity, expectations and demand § On the job support § Develop an action plan squirepattonboggs. com 15

Contact Information Gary Lewis Director Environmental, Safety & Health 0161 830 5373 gary. lewis@squirepb. com squirepattonboggs. com 16

Global Coverage Abu Dhabi Hong Kong San Francisco Africa Italy Office locations Atlanta Houston Santo Domingo Argentina Mexico Regional desks and strategic alliances Beijing Leeds Seoul Brazil Panamá Berlin London Shanghai Chile Peru Birmingham Los Angeles Singapore Colombia Turkey Böblingen Madrid Sydney Cuba Ukraine Bratislava Manchester Tampa India Venezuela Brussels Miami Tokyo Israel Budapest Moscow Warsaw Cincinnati Newark Washington DC Cleveland New York West Palm Beach Columbus Northern Virginia Dallas Palo Alto Darwin Paris Denver Perth Doha Phoenix Dubai Prague Frankfurt Riyadh squirepattonboggs. com 17