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first prosecution for stress – is your workplace up to scratch?

Nelson engineering firm Nalder and Biddle has become the first company to be prosecuted under new Health and Safety law for failing to provide a safe working environment after the breakdown of an employee as a result of work-related stress.

The firm has been fined $8000 in penalties and ordered to pay the affected woman $1300 of reparation for medical bills. The prosecution was taken against Nalder and Biddle because there was clear medical evidence that the work-related stress had caused mental harm and that the employer had failed to act.

The woman began experiencing chest pains and high blood pressure that a psychologist diagnosed as stress resulting from a high workload. She was also diagnosed as suffering from depression and hypertension also attributable to her situation at work. The chest pains escalated until one night the pains became so severe the woman believed she was having a heart attack. Numerous requests were made to her employer for help and promises to improve her situation were made, but never kept. The stress continued to build up until one day the woman finally collapsed. The woman has since left the employment of Nalder and Biddle and declined an offer to return to the firm on the same terms but less stressful work after successfully settling a personal grievance with the company.
 
Under the Health and Safety in Employment Act, employers must take "all practicable steps" to ensure the health and safety of their employees. The amendments to the Act in 2002 extended the definition of "harm" to include any mental or physical harm suffered as a result of work-related stress. A certain amount of stress in any job is expected and healthy but it is when the stress becomes severe and has the potential to cause serious mental or physical harm that it should no longer be considered just "part of the job".
 
Overtime, sick leave and employee behaviour should be monitored. If an employee raises concerns over stress levels the matter should be dealt with seriously. As with any complaint there are some who may just be trying it on, but in most cases if the employee comes to talk to their employer about stress their situation will be genuine.

Employers need to be able to recognise a genuine concern about work-related stress. It is important to be aware of the symptoms of stress which can be:

• increased sick leave
• significant changes in personality
• significant changes in behaviour
• anxiety or panic attacks
• insomnia
• tearfulness
• depression
• chest pains

Once stress has been identified or a concern has been raised it is imperative that the employer respond. In the first instance it is advisable to seek a medical opinion. The employer can request that the employee be examined (at the employer's expense) by a psychiatrist, psychologist or general practitioner if they believe that there is a genuine reason to do so.

The next stage is to examine the practices in your workplace, and if it is clear that work-related stress is an issue in your organisation then take action to change the factors causing that stress. Planning, delegation, workloads and objectives should all be carefully examined to ensure expectations on individuals are realistic. Communication, workplace culture and support systems are also important considerations. Having the lines of communication open may mean the difference between eliminating a problem with stress in its early stages and ending up in court. In most cases all it takes for the employer is to be a bit more in-tune with their employees.

There are four things employers need to remember:
1. Educate yourself about stress, know what to look for.
2. Have systems in place for identifying and responding to stress.
3. Take action to ensure your workplace is a healthy and safe working environment.
4. Train and educate your staff about stress, the systems in place for dealing with stress and give them mechanisms for coping.
 
Remember, stress is just as much a workplace hazard as an unsafe piece of machinery or hazardous chemicals and can be just as costly if left un-checked. Failure to provide a safe workplace can result in a maximum fine of $250,000, a hefty fee that can be avoided with good systems, good communication and good workplace culture. The benefits of being proactive about managing workplace stress are increased productivity, improved workplace culture, higher staff retention and a decrease in accidents. Which option do you think is better?

For more information on addressing the issue of stress in your workplace and the implementation of systems for the managment of stress contact us at Barbara Buckett & Associates.

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Disclaimer: This article is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication. Please refer to our Legal Notices.

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