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Count the cost of stressed out staff

18 January 2007

Stress is the adverse reaction people have to excessive pressure. It isn't a disease. But if stress is intense and goes on for some time, it can lead to mental and physical ill health (e.g. depression, nervous breakdown, heart disease). It's an employer's duty in law to make sure that employees aren't made ill by their work. And stress can make employees ill. The costs of stress to your organisation may show up as high staff turnover, an increase in sickness absence, reduced work performance and  poor timekeeping. Also, employers who don't take stress seriously may leave themselves open to compensation claims from employees who have suffered ill health from work-related stress. Where stress caused by work could lead to ill health, that risk must be assessed. A risk assessment for stress involves: identifying pressures at work that could cause high and long-lasting levels of stress establishing who might be affected and deciding whether sufficient measures are in place to prevent the harm.

You must then take reasonable steps to deal with those pressures if necessary. There is no legal duty to prevent ill health through stress due to problems outside work, e.g. financial or domestic worries. Non-work problems, however, can result in lower work performance if employees find it difficult to cope with these pressures, therefore being understanding would still serve the business interests. As an employer, you're responsible for making sure that work doesn't make your employees  ill. If you notice that someone is particularly vulnerable because of their circumstances and there are ways to relieve the pressures, these should be implemented, unless you know otherwise. However, assuming that all your employees are mentally capable of withstanding reasonable pressure from work is acceptable.

If an employee is stressed, the first thing to do is to listen to them! Where the stress is work-related, try to identify and address the source involve the employee in decisions possibly, encourage them to seek medical assistance and ensure that the employee is treated with understanding and confidentiality is maintained. If the source cannot be controlled, the employee may be moved if appropriate. Counselling services, if provided, are usually paid for by employers although there is no legal obligation to provide this.

Other regulations that may affect offices:

Fire

Businesses must ensure that they have the correct number of fire exits, alarms and extinguishers and that they are maintained. The fire certificate should be complied with and should have any additional requirements that need to be fulfilled written on it. Your local fire authority is normally responsible for this area of law and is there to answer questions and aid compliance.

Manual handling

Where work involves lifting or carrying, strenuous pushing, pulling, reaching, handling awkward loads over long distances, repetitive handling, or repetitive hand, finger or arm movements, care should be taken. Manual handling of documents can often lead to back, arm, hand or feet injuries which are either a result of one bad movement or cumulative damage over time. This applies even with lighter loads.

Electricity

The Electricity at Work Regulations 1989 cover provisions relating to electrical items. The duty upon an employer is to ensure that the electrical equipment used at work is in good working order and suitable for the environment. Many electrical injuries in office-based jobs are caused by faulty equipment where non-fatal shocks are likely to occur.

Asbestos

Do you have a building constructed between 1950 and 1980? If so, there is the possibility that asbestos could be found as insulation or lagging. Where building repairs or maintenance work are to be carried out, especially where asbestos disturbance is likely, particular care should be taken as exposure to it can cause fatal disease.

Work equipment

This covers a vast array of machinery and it is vital to ensure that the right equipment for the job is provided and used.

Contractors

Ensuring that contractors are kept safe at your premises, especially those who carry out maintenance and building work, e.g. electrical switchboard or roof work, is vital.

  • Carole Firman is a barrister specialising in health, safety & environmental litigation at the national law firm Berrymans Lace Mawer.

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