Posted By Lance Morgan I have bumped this because there were no responses and I think it would open some interesting debate regarding the subject of stress at work. The MOHSAW Regs require risk assessment of all significant hazards which includes psycho-social hazards. Is it possible to carry out a formal risk assessment on something like Stress? Surely an individuals response to 'stressors' is variable and can in some cases can even have a positive effect.

Posted By Denis Hands Whilst I agree this could be a tricky subject, I would like to introduce what could be another fertile area of discussion. A recent article by Smita Jamdar, health and safety law expert at Martineau Johnson highlighted the proposed changes to the Management Regs next year which will, if they come about, enable "employees to point to a failure on the part of an employer to take pro-active steps to assess and control the risks arising from, for example, work related stress, as a breach of duty which, if it has caused or contributed to illness or injury, could lead an award of damages." In effect where it can be shown that there was a failure to carry out a risk assessment for work related stress, or where the assessment is not deemed not to be 'suitable and sufficient' and this has contributed to illness or injury, the facts can be used as part of an employee's claim for damages. The writer concludes her article "Now is the time to start considering the quality of risk assessments.....to ensure there is no unnecessary exposure to litigation...." There will be no choice but to assess the risks.

Posted By Robert M Edwards The judge in the Hatton case also assisted us here in outlining the areas needed to be addressed in stress risk assessment.I have a PDF file on my web site which is free to download, an email to me if you want it directly sent to you works as well ( free of course. The legal issue of stress is not the same as pressure , in law stress is considered to be that which can lead to psychiatric injury.