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#1 Posted : 28 September 2009 08:10:00(UTC)
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Posted By Adams777 I sent out the undermentioned policy for review to the Director responsible: Attached please find Stress Policy and related documents for your review. As a guide (which is not exhaustive) please work through the checklist below. Your comments and observations would be appreciated. Manager's Checklist The checklist below identifies key actions involved in managing stress at work. Further information on each of these points is contained within the documents. Do you and all managers understand the Trust’s overall policy and principles relating to stress management? Do you and all managers understand the difference between ‘stress’ and ‘pressure’? Do you and all managers understand your responsibilities and the responsibilities of others? Has a risk assessment of potential sources of stress been carried out by using the Stress at Work risk assessment form and accompanying guidance? Do you and all managers understand how to recognise the signs and symptoms of stress in individuals? Are there any support mechanisms and interventions for individuals experiencing pressure or stress? Are you and all managers aware of how individuals can report cases of work-related stress? Have all staff been made aware of the Stress Policy / Guidance and how to report pressure or stress? Do you and all managers know how to investigate the causes of stress with individual employees and how to compile an action plan? Are you and all managers aware of what to do in cases of stress-related sickness absence? The Director's Answer: I have written some notes on the two attached policies. I have not written anything on the stress action plan or on the risk assessment form. To my knowledge, neither of them has ever been used. In short, though we handle our staff as sympathetically as possible and support them when they are in difficulties of all kinds, we have always done it without any reference at all to the attached policies and without filling in any forms. Are these policies necessary? WHAT ANSWER DO I GIVE HIM? Adam
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#2 Posted : 28 September 2009 08:55:00(UTC)
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Posted By A Campbell Hi Adam, Sounds like they have never had a problem regarding stress management... YET! There are plenty of areas of interest that may help you define your policy and what kind of management approach you may feel is appropriate to your area of business, working with your HR team may also brings things forward. The HSE website... http://www.hse.gov.uk/stress/ has plenty of information and is a good start to relate to legislation that encompasses the subject.
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#3 Posted : 28 September 2009 09:19:00(UTC)
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Posted By Kieran J Duignan Adam There is more to the question you raise than meets the eye. I is useful to read what you quote the Director actualy wrote: 'To my knowledge, neither of them has ever been used. In short, though we handle our staff as sympathetically as possible and support them when they are in difficulties of all kinds, we have always done it without any reference at all to the attached policies and without filling in any forms. Are these policies necessary?' He has offered a viewpoint and asked a question. No information is available outside the company the number of employees, their age range, gender differences, incidence of disabilitie and racial mix; so, one can only say that it is a questioni of fact about whether the Director's claim is valid. Have there been surveys about the 'difficulties' to which he refers or is he simply making assumptions about them? Does he, or anyone, actually have any data about stress in your organisation. If they do, how do you compare the data against norms in other organisations? If you can answer these questions in detail, the Director may well be right. If you can't, you can challenge the validity of his assertions with the observation that his unfounded generalisations indicate precisely some reasons why policies are needed. P D Q
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#4 Posted : 28 September 2009 09:24:00(UTC)
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Posted By Raymond Rapp The response reminds me when my wife's company was taken over by an American conglomerate and they de-recognised the trade union. Stating 'we treat staff fairly and there is no need for a trade union'. Oh yeah, watch this space... Ray
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#5 Posted : 28 September 2009 09:39:00(UTC)
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Posted By Adams777 Thank you both for your replies - the problem isn't one of whether a management system is in place for stress but whether that management system needs to be written up as a policy. I gave this as an example of the malaise I am facing. In general terms: As part of a health and safety management system first introduced into the firm about 4 years ago (upto then a management system did not exist)I wrote a series of policies covering quite a lot of subjects but am now being asked 'why do we need these policies' Just what do I say to this director? That it is the law (which legislation says so), that it is good practice (who says so), that if something goes wrong the enforcing agency will first look for policies and records etc. Just how do I answer these questions to managers and directors. I would like to give chapter and verse but again where does it say you have to have policies on anything let alone most things?
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#6 Posted : 28 September 2009 09:41:00(UTC)
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Posted By Kieran J Duignan Adam It occurs to me that the checklist you've profiled on'stress'may have actually triggered a bland, dismissive and law-breaking response by the Director. Unless he can provide detailed evidence to support his assertions, it's a reasonable hypothesis that he simply has no idea what your questions actually mean. The simplest and most cost-effective way to get to grips with the issue is to ask his agreement to spend £100 to use the survey AND NORMATIVE DATA on stress available from one of the world's experts, Dr. Michael Leiter, at Acadia University in Canada. The methodology he uses is explained in plain language in 'Banishing Burnout. Six Strategies for improving your relationship with work', M P Leiter and C Maslach, Jossey-Bass. 2005
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#7 Posted : 28 September 2009 09:50:00(UTC)
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Posted By David Gault It is not actually illegal not to have a policy or procedure on stress. I am sure you are aware that the requirement for stress assessments comes from the Management Regs and HSAWA as assessing all the risks. The procedure would just have to say how and what you do while the policy just says what your intention is. All of which I think is teaching you to suck eggs as you seem to have gone along the right lines. In short - not illegal but helpful, especially if you have to show a court what you have done.
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#8 Posted : 28 September 2009 09:51:00(UTC)
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Posted By Kieran J Duignan You ask: where does it say you have to have policies on anything let alone most things? 1. The Management of Health and Safety at Work Regulations and Approved Code of Practice 1999 2. The HSE Management Standards on Work-related Stress 2004. Why are you so exercised about the matter at this stage? If matters are as plain sailing as your Director states, you can simply ask him for details so that you can comply with the above; if they're not, you can equally say that you want to comply with the above Perhaps you may need some external input from an occupational psychologist in order that the company can get its ducks in a row ahead of any enquiry or a claim for either personal injury damages or a claim for damages to do with unfair dismissal or discrimiantion that has caused stress. Any expert witness appointed by the claimant's side is obliged by the Civil Procedure Rules to state in writing the written evidence to support any defence your company may wish to make; without robust written evidence, your Director may find himself stumping up more than twenty times the cost of preventive help.
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#9 Posted : 28 September 2009 10:40:00(UTC)
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Posted By Tabs "Are these policies necessary?" If that is your base question, the base answer must be "Yes, as much as we need the policy on purchasing; expense claiming; hiring and firing". As far as I know there are no legal requirements for any company to have any of the above (or many others actually). Management needs two different types of action - preparation and reaction. If you have an on-going discipline problem fraught with issues and possible counter-argument, do you want to have to manage it "on the hoof" or follow clear written policies and procedures? If you have an employee that becomes stressed and starts missing time, making mistakes, arguing with people, or worse, do you want to manage it "on the hoof" or have already done the preparatory work and had it agreed by senior management so that you can invoke it? If you were writing a policy for what to do after a plane strike, or an earthquake I would tell you not to waste your time on the improbable - but in the 21st Century, stress will not be an implausible event. Being prepared is simply good management. Not using the stress policy will be a matter of good luck (or negligence). The costs of mishandling stress can be very high both financially and physically. In February the HSE issued an Improvement Notice (only the second in history) to a health trust : http://www.hse.gov.uk/no...s.asp?SF=CN&SV=301611623
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#10 Posted : 28 September 2009 11:06:00(UTC)
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Posted By Kieran J Duignan Since a 'policy' is a formal statement by an organisation's management of how it intends to manage safety and health of employees, the absence of a policy IN A RELATIVELY COMPLEX ORGANISATION can be reasonably inferred as prima facie evidence that informs those concerned about the quality of the commitment to manage risks. The HSC's Management of Health and Safety at Work Regs and ACoP explicitly refers to HSG 65 on safety management and plannin, which explicitly refers to the need for policy statements. This ACoP has the status of law. Since the HSE has published a set of Management Standards on Work-related Stress, this acts as a comparator for evaluating the practice of an orgnisation well-resourced enought to employ a safety professional
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#11 Posted : 28 September 2009 11:26:00(UTC)
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Posted By Raymond Rapp There is of course the civil law aspect, where in the event of a claim for work-related stress it could be argued that the company had the policies and practices in place, which were hopefully followed by the company. Not everything is driven by regulations and criminal law, which incidentally, is very weak when it comes to stress and general well-being of employees.
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#12 Posted : 29 September 2009 13:19:00(UTC)
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Posted By Ron Hunter Adams777, my definition of a H&S Policy and the requirements of the HASAWA suggest that it is possible (preferable?) to have a "one size fits all" Policy Statement. Thereafter it is the Organisation's Arrangements (Procedures if you will) which will describe how various risk areas are to be effectively controlled. Is the issue perhaps one of terminology? If the question from Management refers to the number of separate "Policies" and any legal requirement for them, then the honest answer is that the law doesn't require this.
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#13 Posted : 29 September 2009 13:32:00(UTC)
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Posted By Peter F. Why don't you ask the director how they manage them and write it into the policy then the policy would become a working document and the director would use it because that is how it is managed by the company. Explain the reasons why a risk assessment is required and tell him that the risk assessment will just reiterate the valuable way they treat employees at the moment.
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#14 Posted : 29 September 2009 15:32:00(UTC)
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Posted By Robert K Lewis My immediate response would likely have matched the director's. The wording is far too complex to be used and like all management systems written for experts but not for use - it is meaningless to the people who need to use it. You really need to get inside the heads of these people if you are going to get them operating q formalised stress management, or any other management, system. Bob
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#15 Posted : 29 September 2009 16:00:00(UTC)
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Posted By Clare Gabriel 'You all need training'. Short sighted response considering the high payouts for stress. Include a few of those in your presentation and just maybe they will sit up and lsiten. Even better if it comes from your company solicitors!!!! Google recent stress caselaw - made even better by the fact that any stress caused by home environs can be included in settlements in found not to have dealt with it correctly. We can never win!!!!
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#16 Posted : 29 September 2009 17:08:00(UTC)
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Posted By gvellam The company I work for have a stress policy and a dedicated section in its health and Safety Manual on stress and welfare issues. We too try to help employees with issues, but only recently have we had an actually stress issue and having to manage that employee I found our policy and procedures invaluable, so yes as a company you do need them as the union were involved immediately as it give clear guidelines on what your duty of care is.
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