Employers must act on workplace stress: Intel Corporation (UK) Limited v Daw
Mrs Daw was employed as a merger and acquisitions payroll integration analyst on a salary of £33,000 per annum. She had 13 years' service. In June 2001, she suffered a breakdown caused by chronic depression arising from her excessive workload. She issued proceedings against her employer for damages for personal injury arising from the employer's negligence, breach of statutory duty, and duty of care.
At the initial trial, the High Court judge held that Daw's work was rated as outstanding by her employer. But her reporting lines were confused, and prioritising the demands made upon her by different managers was problematic. Although Daw had complained about her workload in e-mails, and was found in tears by one of her line managers, no urgent action plan was put in place immediately to reduce her workload.
Decision
The original trial judge assessed compensation for personal injury caused by stress at work and for loss of earnings in excess of £134,000. Intel appealed on the basis that Daw had free access to external confidential counselling, support and medical assistance, which she failed to use.
The Court of Appeal held that an employer's short-term counselling service could not have reduced the risk of a breakdown, since it did not reduce her workload - the cause of the stress. At most, such a service could only have advised the employee to see her own doctor. This was insufficient to discharge the employer's duty to provide a safe working environment. While it recognised that Intel could not have reasonably foreseen Daw's breakdown in health by virtue of her medical history, this was not considered to be relevant.
Key implications
This is an important decision, since the Court of Appeal has made it clear that where an employee is experiencing stress relating to excessive workloads, the presence of a workplace counselling service will not automatically serve to discharge the employer's duty of care in stress claims. Even if an employer has systems in place to support staff who are suffering from work-related stress, this is no substitute for putting an action plan in place to reduce their workload. Failure to do so will result in the employer being found to be negligent.
A failure by management to combat work-related stress - when made known to it - is likely to lead to a finding that the employer has failed to discharge its duty of care owed to its staff.
The court also accepted that the employer did not have prior knowledge that the employee was susceptible to work-related depression. But despite this lack of knowledge, the employer was still held liable, because it was aware of Daw's excessive workload.
Employers must put measures in place to reduce workloads when receiving complaints from staff who cannot cope. Otherwise, you will risk paying considerable damages in claims for personal injury caused by the working environment.
By Michael Delaney, partner of Matthew Arnold & Baldwin
Showing posts with label health and safety Act. Show all posts
Showing posts with label health and safety Act. Show all posts
Workplace Health and the Law
WHAT THE LAW REQUIRES
Against this background of unacceptable humanitarian, social and economic costs; legislation has been introduced to control all aspects of Safety and Health. The result is that Health and Safety requirements are now a major influence on every work activity however large or small. The principal aim of Health and Safety legislation and practice is the prevention of accidents and ill health. The three principal pieces of legislation in Health and Safety, which outline and detail this preventive approach are: The Safety, Health and Welfare at Work Act 1989 and The Safety, Health and Welfare at Work (General Application) Regulations 1993 The Safety Health and Welfare at Work Act 2005
2.1 The Safety, Health & Welfare at Work Act 1989 The 1989 Act reflects and encourages the preventative approach by including the following key elements:
1. Placing general obligations on employers and employees to ensure Safety and Health at work.
2. Requiring employers to implement a system for managing Safety and Health in the workplace.
3. Requiring that employees and employers consult on Safety and Health matters.
4. Requiring employers to produce a safety statement based on hazard identification and risk assessment.
The safety statement requires written details as to how accidents and ill health are to be prevented.
The Safety, Health & Welfare at Work Act(general application) regulations 1993 Under the 1989 Act, employers have to ensure the health and safety of employees and others who may be affected by their work. The Act applies to all work activities and premises. Employers are therefore required to provide suitable control equipment and train, instruct, inform and supervise employees so that their health at work is not affected. Employees also have responsibilities under this Act not to endanger themselves or others. The General Application Regulations add detail to the 1989 Act on accident and ill health prevention measures, and the notification of accidents and dangerous occurrences. It also covers Safety and Health aspects on:
• Safety and Health management.
• Risk Assessment.
• Emergency Procedures.
• Workplace Conditions and Facilities.
• Work Equipment.
• First Aid.
• Electricity.
• Manual Handling.
• Working with VDUs.
• Personal Protective Equipment.
In addition all employers are required to appoint a competent person to assist in complying with Safety and Health legal requirements and in the design and use of protective measures. The person appointed to assist could be a manager who has been properly trained to do this, although if the risks are complicated, or involves special knowledge, you may need to involve people from outside your business.
The Safety, health and Welfare at Work Act 2005
The Safety , Health and Welfare at Work Act 2005, was passed by the Oireachtas and signed into Law, will come into force on September 1st 2005. Though the basic principles of health and safety law are unchanged. The Act includes many new and more detailed and more stringent provisions than the 1989 act which it replaces.
• Fines of up to 3m and /or up to two years in jail for serious breaches of health and safety.
• The introduction of on the spot fines systems for certain safety offences, which will be specified in further regulations
• Drug and alcohol testing for employees, the procedures for which will be specified in further regulations. Employers The significant new duties imposed on employees are to e.g.
• Manage health and Safety
• Ensure, in so far as is responsibly practicable, the preventions of risk to employees, Health from exposure to noise, vibration or ionising or other radiation of any other physical agents.
• Provide employees with training, information and supervision in a firm manner and, as appropriate, a language that is reasonably likely to be understood.
• Review Risk Assessments and Safety statements when there has been a significant change or there is another reason to believe the risk assessment is no longer valid and, following the review, to amend as appropriate.
• Bring Safety Statements to the employee’s attention on commencement of employment and annually have the Safety Statement, or a relevant extract from it available in every workplace.
Employees • E.g. Not to be under the influence of an intoxicant to the extent that they endanger their own or other persons safety.
• To submit to tests for intoxicants, if reasonably required with the tests carried out by or under supervision of a registered medical practitioner who is a competent person.
HEALTH AND SAFETY
Other legislation for consideration In addition there are several laws that relate to specific risks to health at work, such as construction work, lead, asbestos, chemicals and noise, and some that relate to particular industries such as major chemical plants.
Please See Related Links and Articles on the left for further information.
Against this background of unacceptable humanitarian, social and economic costs; legislation has been introduced to control all aspects of Safety and Health. The result is that Health and Safety requirements are now a major influence on every work activity however large or small. The principal aim of Health and Safety legislation and practice is the prevention of accidents and ill health. The three principal pieces of legislation in Health and Safety, which outline and detail this preventive approach are: The Safety, Health and Welfare at Work Act 1989 and The Safety, Health and Welfare at Work (General Application) Regulations 1993 The Safety Health and Welfare at Work Act 2005
2.1 The Safety, Health & Welfare at Work Act 1989 The 1989 Act reflects and encourages the preventative approach by including the following key elements:
1. Placing general obligations on employers and employees to ensure Safety and Health at work.
2. Requiring employers to implement a system for managing Safety and Health in the workplace.
3. Requiring that employees and employers consult on Safety and Health matters.
4. Requiring employers to produce a safety statement based on hazard identification and risk assessment.
The safety statement requires written details as to how accidents and ill health are to be prevented.
The Safety, Health & Welfare at Work Act(general application) regulations 1993 Under the 1989 Act, employers have to ensure the health and safety of employees and others who may be affected by their work. The Act applies to all work activities and premises. Employers are therefore required to provide suitable control equipment and train, instruct, inform and supervise employees so that their health at work is not affected. Employees also have responsibilities under this Act not to endanger themselves or others. The General Application Regulations add detail to the 1989 Act on accident and ill health prevention measures, and the notification of accidents and dangerous occurrences. It also covers Safety and Health aspects on:
• Safety and Health management.
• Risk Assessment.
• Emergency Procedures.
• Workplace Conditions and Facilities.
• Work Equipment.
• First Aid.
• Electricity.
• Manual Handling.
• Working with VDUs.
• Personal Protective Equipment.
In addition all employers are required to appoint a competent person to assist in complying with Safety and Health legal requirements and in the design and use of protective measures. The person appointed to assist could be a manager who has been properly trained to do this, although if the risks are complicated, or involves special knowledge, you may need to involve people from outside your business.
The Safety, health and Welfare at Work Act 2005
The Safety , Health and Welfare at Work Act 2005, was passed by the Oireachtas and signed into Law, will come into force on September 1st 2005. Though the basic principles of health and safety law are unchanged. The Act includes many new and more detailed and more stringent provisions than the 1989 act which it replaces.
• Fines of up to 3m and /or up to two years in jail for serious breaches of health and safety.
• The introduction of on the spot fines systems for certain safety offences, which will be specified in further regulations
• Drug and alcohol testing for employees, the procedures for which will be specified in further regulations. Employers The significant new duties imposed on employees are to e.g.
• Manage health and Safety
• Ensure, in so far as is responsibly practicable, the preventions of risk to employees, Health from exposure to noise, vibration or ionising or other radiation of any other physical agents.
• Provide employees with training, information and supervision in a firm manner and, as appropriate, a language that is reasonably likely to be understood.
• Review Risk Assessments and Safety statements when there has been a significant change or there is another reason to believe the risk assessment is no longer valid and, following the review, to amend as appropriate.
• Bring Safety Statements to the employee’s attention on commencement of employment and annually have the Safety Statement, or a relevant extract from it available in every workplace.
Employees • E.g. Not to be under the influence of an intoxicant to the extent that they endanger their own or other persons safety.
• To submit to tests for intoxicants, if reasonably required with the tests carried out by or under supervision of a registered medical practitioner who is a competent person.
HEALTH AND SAFETY
Other legislation for consideration In addition there are several laws that relate to specific risks to health at work, such as construction work, lead, asbestos, chemicals and noise, and some that relate to particular industries such as major chemical plants.
Please See Related Links and Articles on the left for further information.
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