Canadian Lawyer InHouse

Dec/Jan 2014

Legal news and trends for Canadian in-house counsel and c-suite executives

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By Kevin MacNeill and Samantha Seabrook Promoting psychological health and safety New standard requires commitment to investigating incidents. I n the last issue we discussed the fact that, more and more, workers' compensation claims involve allegations of psychological injuries as opposed to purely physical ones. As the nature of work-related injuries evolves, prevention and accommodation of psychological injuries and chronic stress must be at the forefront of employers' minds. In January 2013, the Canadian Standards Association released a new standard, dubbed Psychological Health and Safety in the Workplace. Though compliance with this standard is voluntary, it presents an opportunity for employers to reduce or minimize workers' compensation claims arising from psychological injuries or stress. It sets out a number of key recommendations to implement a workplace psychological health and safety program. Requirements for compliance with the standard include the drafting of a Psychological Health and Safety policy, the implementation of a PHS system, and commitment to investigating PHS incidents. Those in a leadership position have a special obligation to develop a psychologically healthy and safe workplace. Management must engage workers in the PHS system and in identifying risks, hazards, and needs. To ensure success, employers must dedicate time and resources, while also working to identify and remove barriers which may hinder the PHS system. When developing a health and safety policy and system, an organization must collect the necessary information to develop an effective PHS System. The nature of the information required will depend on the type of business, as well as the workplace needs and goals. The standard requires an organization to identify, eliminate, and prevent hazards which are potential sources of psychological harm to a worker. Organizations must also commit to identifying events which may cause psychological illness and develop a process to respond to those events. This includes an investigation process and providing support, training, and debriefing opportunities. The standard requires organizations to monitor PHS and the PHS system to determine, among other things, whether objectives are being met and hazards are being identified, assessed, and controlled. The PHS System must be continuously monitored to determine if objectives have been met. The standard also requires organizations to establish audit programs to determine compliance with the standard and the internal PHS system requirements, as well as whether the system is effectively implemented and maintained. To assist employers with implementing the standard, the Mental Health Commission of Canada, a not-for-profit organization that aims to improve Canada's mental health system, has released Psychological Health and Safety: the Action Guide. The guide is organized in six consecutive steps: policy, planning, promotion, process, and persistence, known as the "P6 Framework." For each step, the guide lists a series of actions Canadian employers can take to protect employee PHS in the workplace. In terms of policy, the guide recommends employers develop and communicate a clear and concise PHS policy and www.ca na dia nl awy e r m a g . c o m / i n h o u s E make efforts to ensure employees understand what is being done and why it is important to the organization. Employers must then select, plan, and set objectives for PHS initiatives. It is crucial for employers to provide information and education resources for employees and supervisors to ensure a successful implementation. Employers must take action to prevent PHS incidents where possible. Changing individual or organizational conditions that may contribute to PHS problems, identifying PHS issues at an early stage, and reducing work-related issues that may result from mental-health issues are all key preventative measures to be addressed. It is also important to audit the process to ensure the PHS System is achieving results. Organizations should also monitor the impact of actions taken to improve PHS by conducting evaluations. An effective method is to identify individuals who can provide input, selecting short- and longterm outcomes to measure, and identifying practical and flexible methods by which an evaluation will be conducted and changes measured. Improvements to the PHS system can be accomplished by supporting those who champion PHS issues in the workplace, creating a culture of PHS, and by continually modifying PHS measures to ensure their effectiveness. The CSA Standard and the action guide are important tools for employers seeking to prevent risks by managing workplace mental-health issues. As we continue to see broader areas of workers' compensation entitlement for work-related psychological issues, the standard and guide provide useful and timely steps employers can take to reduce potential workers' compensation claims. IH Kevin MacNeill and Samantha Seabrook are labour and employment lawyers with Heenan Blaikie LLP in Toronto. december 2013/january 2014 • 11

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