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Labor laws
The prevention of psychosocial risks is part of the general obligation to protect the physical and mental health of workers.
As an employer, you must take the necessary measures to ensure the safety and protect the physical and mental health of employees, as explained in Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).
These measures include:
- occupational risk prevention actions
- information and training actions
- the establishment of an organization and appropriate means
The employer also has an obligation to prevent acts of moral harassment and acts of sexual harassment, behaviors considered as a form of violence for the workers subjected to them and forming part of the psychosocial risks.
US Labor Laws set out 9 general principles of prevention which constitute a framework on which the employer must rely to set up a prevention approach adapted to the situations that may arise in the company:
- Avoid risks
- Assess risks that cannot be avoided
- Fighting risks at source
- Consider workstation ergonomics
- Take into account the state of the art
- Make work less dangerous
- Plan preventive actions
- Take collective protection measures
- Give clear instructions
Konsistent makes it possible to respond to 7 principles of the 9 set out in the labor code.
European directives
80% of managers say they are concerned about stress and 20% consider violence and harassment at work to be a major concern.
Employers often feel helpless and find it difficult to fight against PSR due to a lack of resources or expertise. The question is crucial, because mitigating PSR and protecting workers against these risks is essential to avoid early exits from the labor market.
At the regulatory level, there is no single way to approach PSR. Some Member States have underlined in their legislation the need to take account of PSR or mental health when it comes to health and safety at work (Austria, Denmark, Estonia, Finland, France, Greece, Slovakia and Sweden).
Some have even specifically included the obligation to carry out a PSR assessment. This is the case of Belgium, Bulgaria, Cyprus, Germany, Hungary, Italy, Latvia, Lithuania, Portugal and the United Kingdom. Finally. A very small number of Member States have introduced, in their legislation, the possibility or the obligation to involve an expert for certain aspects of PSR (Austria and Belgium).
Legal risks
Moral Harassment:
2 years imprisonment and $30,000 fine for the person who harasses.
1 year imprisonment and $3,750 fine for the employer.
Sexual harassment :
5 years imprisonment and $75,000 fine for the person who harasses.
3 years imprisonment and $45,000 fine for the employer.
Reputation risks
25% of crises break out for reasons of sexism, a percentage that has been constantly increasing since 2015.
30% of bad buzz is relayed within the next hour after a workplace scandal.
Philosophical risks
Psychosocial risks at work reflect the expression of contempt for human rights: the dignity of the human being.
Stress, professional exhaustion or “burnout”, suffering at work, difficult and objectively difficult social working relationships, management and work organization neglecting the human factor, violence and different forms of moral harassment and sexual are a direct attack on the dignity of the human person.
The consequences can be disastrous for humans: absenteeism, work accident, demotivation, depression, anxiety, cardiovascular disease, psychosomatic illness, discomfort, suicide…