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mikecarr  
#1 Posted : 29 October 2010 11:49:12(UTC)
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mikecarr

below in an extract from a bbc article I have just read... "He said that since there was no law in the UK that forced managers to tackle their employees' stress levels, it was impossible to know for sure what exactly employers were doing for their staff" does S2 HSWA & Reg 3 MHSWR not cover stress?? I know it's not specific to stress but.......
Nick House  
#2 Posted : 29 October 2010 12:28:38(UTC)
Rank: Guest
Guest

It could be said that reg 6 of the management regs may be relevant also. Reg. 6; 44: Where appropriate, health surveillance may also involve oneor more health surveillance procedures depending on suitability in the circumstances. Such procedures can include: (c) medical surveillance, which may include clinical examination and measurement of physiological or psychological effects by an appropriately qualified person. A little tenuous maybe, and in the event of stress, may be more reactive than proactive, but relevant nonetheless.
martinw  
#3 Posted : 29 October 2010 13:12:50(UTC)
Rank: Super forum user
martinw

Might help http://www.cipd.co.uk/NR...Stress_and_Law_guide.pdf Certainly shows the level of payouts in the worst cases, and the changes in people's lives that stress can cause
grim72  
#4 Posted : 29 October 2010 13:23:17(UTC)
Rank: Super forum user
grim72

Noticed this on the HSE website today too http://www.hse.gov.uk/st...metropolitan-council.htm
jay  
#5 Posted : 29 October 2010 13:42:07(UTC)
Rank: Super forum user
jay

There is no need for work related stress specific health and safety regulations as the Management Regulations covers it. There was a "public" consultation exercise in the form of a Discussion Document entitled ‘Managing stress at work’ carried out between April and July 1999 by the then HSC. The Discussion Document set out a number of challenges and possible approaches, including proposals for an Approved Code of Practice and invited ideas for solutions. Almost all of the respondents to this exercise agreed that stress at work is a health, safety and welfare issue and one that should be dealt with under the existing UK regulatory framework. Almost all respondents thought that more needed to be done to tackle stress and many wanted an ACoP telling them how to go about it. The HSC decided that uncertainties about means of enforcement for such an approach precluded putting an ACoP in place at that time, but determined to keep the need for an ACoP under review in the future. Ultimately, it led the the pilot and then final publication HSE's Stress Management Standards. All competent Health and Safety Practitioners should know that a work related stress assessment is required under the Management of health and Safety at work regulations.
RayRapp  
#6 Posted : 31 October 2010 23:59:15(UTC)
Rank: Super forum user
RayRapp

There is no explicit law which covers occupational stress. However, it could be argued that HSWA s2 and MHWR do cover mental health. The main driver is of course civil law. That said, it is very difficult to win a claim for occupational stress despite a few successful high profile cases in the last ten years or so. Yes, the HSE brought out the Management Standards identifying good practice. Weak in terms of enforcement as there is no explicit duty to comply. Occupational stress is a difficult concept to manage and to legislate due to the number of complex factors.
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