Working on Stress

The first pan European Campaign to combat work - related stress was launched on the 2nd of July last, by Pat Cox, the President of the European Parliament. The campaign will run until the end of October 2002 and culminate with the European Week for Safety and Health at Work, from the 14th to the 20th of October 2002. The slogan of the campaign is called "Working on Stress" and is designed to raise awareness and promote activities to improve safety and health in the workplace. The campaign is backed by all member states, the European Commission and Parliament, Trade Unions and Employers Federations, and is being co-ordinated in Ireland by the Health and Safety Authority.

Work related stress is estimated to effect over 40 million employees in the EU, and between 50% and 60% of absenteeism has been attributed to work related stress. The total annual bill to the EU is estimated to be approximately €20 billion.

The Safety, Health and Welfare at Work Act 1989 ("the 1989 Act") imposes an obligation on every employer to provide, as far as is reasonably practicable, a safe place and system of work. The duty does not require an employer to provide a stress free environment, but to take reasonably practicable steps to shield employees from exposure to stress and from the consequences of unreasonably stressful working conditions. Once an employer is on notice that a particular employee has a greater susceptibility to stress than others, the employer is under a higher duty as a work related stress injury is more likely to occur.

Stress has been defined as "the reaction people have to excessive pressures or other types of demands placed on them. It arises when they worry that they can't cope". There is no such thing as a pressure-free job, and employees accept that there will be reasonable pressures imposed on them as part of their work duties. However it is excessive workplace pressure and the stress which it can lead to which can be harmful.

Health and Safety Legislation requires workplace stress to be eliminated or reduced as far as reasonably practicable. The 1989 Act requires employers to conduct risk assessments, and that the results of these assessments be documented. Some of the situations that can cause stress in the workplace have been identified as:

• Poor communication at work.
  
• Poor working relationships.
  
• Poorly organised shift work.
  
• Faulty work organisation.
  
• Poorly defined work roles.
  
• Lack of personal control over work.
  
• Highly demanding tasks and deadlines.
  
• Dull repetitive work.
  
• Dealing directly with the public.

A recent Court of Appeal decision in England (5th February, 2002) has now set down certain guidelines, in assessing work related stress claims, and these provide a check list for employers in establishing their safety statement, and procedures for taking the proper steps to provide for the safety and health of the employees. The Court held that an employer will be in breach of duty if it has failed to take the steps which are reasonable in the circumstances bearing in mind the magnitude of the risk of harm occurring, the gravity of the harm which may occur, the costs and practicability of preventing it and the justifications for running the risks. Some of the issues that the employer must now consider are:

• Whether this kind of harm to this particular employee was reasonably foreseeable?
• Is the workload much more than is normal for this particular job? Are there signs that others doing this job are suffering from stress?
• Are there any signs from the employee of impending harm to health? Have there been unusual, frequent or prolonged absences?
• An employer can only reasonably be expected to take steps, which are likely to do some good. In all cases therefore it is necessary to identify the steps which the employer both could and should take to protect the employee.
• Does the employer provide a confidential advice service, with referral to appropriate counselling or treatment services?

Conclusion:

The European Week for Safety and Health at Work provides employers with an ideal opportunity to reassess its safety statement and its place and system of work, to ensure that it meets all its moral and legal obligations to its employees, for example to provide:

• A comprehensive safety statement.
  
• Appropriate training for employees.
  
• Codes of Conduct and Grievance Procedures for its employees.

The Court of Appeal in England held that an employer who provides a confidential advice service with referral to appropriate counselling or treatment services is unlikely to be found in breach of duty to its employee. It also held however, that not only should such statements and policies be in place, but the employer must also ensure that its policies and procedures are properly and efficiently implemented.

For further information or general enquiries please contact:
Tom Simpson,
E-mail: tsimpson@kilroys.ie or
Angela Murray,
E-mail: amurray@kilroys.ie
Telephone: +353-1-4395600
Fax: +353-1-4395601/4395602

© Kilroys Solicitors 2002