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| Is Your Workplace Psychologically Safe? |
A few years ago, only gross acts of harassment would have been considered grounds for legal action. But Dr. Martin Shain, founder of the Neighbour at Work Centre, suggests that we're "lowering the bar on liability," creating an atmosphere of uncertainty and unpredictability for employers.
In a recent webinar hosted by HR Compliance Insider, Dr. Shain suggested that a new "super" duty of care is emerging in the Canadian legal system: the duty to provide a psychologically safe workplace. And it's very likely that this trend will grow in the United States, as well.
Employees are now seeking compensation for mental injury, which injuries include:
- Depression (not necessarily clinical)
- Anxiety (not necessarily clinical)
- Burnout
- Post-traumatic stress disorder
Creating a Psychologically Safe Workplace
The law notwithstanding, there are benefits to creating a psychologically safe workplace, including creating a basis for both health and high performance.
Dr. Shain describes a psychologically safe workplace as one where mental health is on the same footing as physical health. It's a workplace where there is zero tolerance for mentally injurious conduct and one that provides strong support for respectfulness and fairness.
Assess Your Culture
You can suspect you have a psychologically unsafe workplace if you overhear employees saying they feel:
- Resentful
- Angry
- Excluded
- Depressed
- Diminished
- Anxious
- Aggrieved
- That no one cares
These concerns suggest that there are psycho-toxic conditions in your workplace. Unaddressed, these concerns can create a breeding ground for conflict and legal action.
Address the Risks
The key message for employers is that minds need protection just as bodies do. To achieve a psychologically safe workplace, your three main responsibilities are to:
- Keep work demands within a known capacity of employees,
- Make it safe for employees to speak up and get involved,
- Monitor and respond to signs of conflict/distress. Look in the dark corners of your organization, being vigilant for warning signs of potential mental injury. Failing to notice the signs is the most common path to claims.
Safety Smart has tools to help you protect the mental health of your employees, starting with articles on interpersonal and communications skills to help you develop a "psychologically safe" management style. These include: Put the Brakes on Burnout, Listening Skills for Supervisors, Airing Complaints, Beyond the Suggestion Box, Pay Attention and Report Action on Employee Ideas.
Need access to additional resources on this topic? Try SafetySmart today and get immediate access to safety talks, presentations and more. Sign up for a free 14-day trial now. |
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| File this one under "off the job safety" or rather, lack of it. This sign in Hawaii clearly says "Danger: Do not go beyond this wall" because of the sheer and undoubtedly fatal drop to the sea. However, some people take signs as a challenge to do the opposite. Sad. (Naval Safety Center) |
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| Does Workers' Comp Cover Injuries Suffered in a Company Vehicle? |
Workers' compensation pays benefits to workers who suffer injuries that "arise out of" or "in the course of" their employment. This language clearly applies to injuries that occur in the workplace. But what if a worker is hurt off premises while riding in a vehicle provided by the employer? Here are two cases in which a court and a tribunal reached different conclusions on this issue.
Read the cases at OHS Insider.com.
(Note: subscription is required; to get instant access , simply sign up for a No-Obligation Trial of OHSInsider.com. Sign up now and you will be entered into a drawing to win an iPad!)
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| Company Sued for Firing Morbidly Obese Worker |
The US Equal Employment Opportunity Commission (EEOC) has filed a disability discrimination lawsuit against a military vehicle manufacturing company that fired a morbidly obese worker who had been employed there for about 15 years.
Inventory manager Ronald Kratz II, was terminated from BAE Systems' plant in Sealy, TX, in October 2009. The company told him he could no longer perform his job because of his 600-pound (272-kilogram) weight.
Kratz asked to be transferred to another job but his request was denied. Although he had trouble walking, bending, stooping and kneeling, his job involved sorting parts on a raised platform.
The EEOC contends that BAE refused to engage in any discussion with Kratz to determine whether reasonable accommodations were possible that would have allowed him to continue to perform the essential function of his job. The lawsuit asserts that BAE replaced Kratz with someone who was not seriously overweight.
"The law prohibits an employer from firing a morbidly obese worker who can perform his essential job duties, with or without reasonable accommodation," said R.J. Ruff, district director of the agency's Houston District Office. "Mr. Kratz had a good performance rating and did not deserve to be fired." |
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Related story: Tap Into This Weight Loss Solution
(Note: Subscription is required. To get instant access, simply sign up for a No-Cost Trial of Safe Supervisor.) |
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