Rank: Forum user 
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Hi all
I need to carry out a risk assessment on a member of staff who has returned to work following some time off due to stress at work. I have asked him to provide me with medical records so as I can see what areas stress him but he has refused. I have also asked him to attend our company occupational therapist who then can advise me but again he has refused. I now find myself viewing stress issues on the internet to try to help this employee. What should be my next step?
Thanks
Patrick.
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Rank: Super forum user
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Rank: Super forum user 
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Hi Patrick,
As Jake states, you should follow the management standards as prescribed. In short an individual stress risk assessment should be carried out. Usually between the Line Manager and the employee, or if the employee doesn't want the Line Manager it could be with A.N.Other such as a HR manager or H&S Professional. This is a legal requirement under HSAWA & MHSWR, and there is case law behind it.
The employee doesn't have to supply medical documents, (in many cases the doctor won't document specific stressors anyway).
This could be carried out in the Back-To-Work interview process.
I would also point the employee in the direction of some of the external sources of help.
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Rank: Super forum user 
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Additionally I recommend that you probably need to amend your company Stress Policy....
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Rank: Super forum user 
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To find out what areas stress him wouldn't it be better to ask him than to see his medical records? The only way his doctor can know what these areas are is by him telling the doctor, after all.
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Rank: Super forum user
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Feel I should suggest a slightly different tack here.
You can't risk assess an individual for stress.
Those Management Standards should be applied to the work. If there's any significant issues within the six standards then they should be addressed for all those at work.
Once you've got the 'norm', you can then discuss the six standards in this individual's case and home in on the individual issues and tailor recommendations to their needs (SFAIRP, of course).
Yours, pedantically
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Rank: Super forum user
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As Victor pointed out a constructive policy would help for any future elements.
Also this is where a need to have close liaison with your HR department comes into effect.
Demanding medical records will not be very helpful and may actually be an offence!
Providing a doctors report via HR that is in agreement of the employee is more likely admissible to do.
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Rank: Super forum user
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This may not be a popular view.
I accept that the aspect of 'managing out' the risk from WR stress is likely to be part of the Safety Practitioner remit - working with managers as ever, of course. I would include the hazard of stress along with other hazards identified from the work when assessing risk.
However - dealing with an individual's personal and sensitive medical history - since when was that a Safety Practitioner job? If someone falls off a ladder and breaks their leg, we don't insist on seeing the x-rays do we?
The starting point here was 'have to do a RA on an individual'. I challenge that this is any kind of 'requirement'. It is an over-interpretation.
The starting point (for the SP) should be reviewing the organisational and local stress management standards to establish if there is justification in the claim of "wr stress". (Stress is a hazard not an actual illness).
The line manager would have the responsibility of having the conversation (return to work interview) with the individual to ascertain the individual v work balance or lack of. This is where any aspects such as personal vulnerability or other non-work pressures is examined. If the line manager has a problem with this, then HR, welfare, occupational health professionals should be the route. Not the H&S bod.
There is a misunderstanding as to the application and the definition of 'risk assessment' in this context, leaving SPs being expected to take on such 'uncomfortable' situations with individuals.
No SP should accept this - it's not H&S management, it's individual health care management.
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Rank: Forum user
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Take a look at HSG 128 Managing the Causes of Work Related Stress, this is a useful publication that gives the legal view on managing WR stress and offers some sensible advice on how to deal with both workplace stress and individual concerns.
I am sorry to say but it sounds like your initial contact with this individual has not gone well and also seems a little heavy handed.
Either you or someone else needs to start again in talking to the employee and asking them what their stressors are and how you can help them, you don't need a GP or counsellor to tell you what the problems are.
Even if the employee won't confide you still need to examine what could be causing it, such as workloads, conflict, competency issues. This can be done by interviewing their line manager.
You should also consider that WR stress can return, especially if no changes are made, and you know that this person is vulnerable to stress and at more risk so you have a greater duty of care to them. The key wording is whether something was 'forseeable', and I hate to say it but make sure you document everything in case of a civil claim.
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Rank: Forum user
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From somebody who has been on the other side: when I came back to work the first time after being off I did not even understand what has caused the stress in the first place. It felt more like a stuff piling up. I would never have been able to explain what was the problem.
Also to be honest I had not accepted the diagnosis very well & wanted to forget about it & get on with work as if it might go away. You might have an employee who shares those feelings & does not feel comfortable talking about it because it is still a taboo subject for many & the subject of jokes...
Years later with the depression under control & a massive change in work/life balance & with health & safety training (this is what push me to re-train as a SP) I can now see & understand the process & situation much better & explain what the problem were.
Its great in a way that this situation might highlight the need for a change in stress management within your work place. Just remember that it is a very sensitive issues for lots of people. Communication & making sure this employee feels valued as an individual might help unlock the situation you are finding yourself in.
Bernie
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Rank: Super forum user
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To add to Bernie's reply - again as someone who can speak from the other side of the coin; most here will have seen the recent campaign about mental health issues in the workplace, with the colleague spotting someone who has been ill, and running all sorts of scenario's in their mind.
Well, the person who has suffered from stress is often thinking similar things when they first come back to work, so are often on their guard. The key is to reassure this person in order for them to feel comfortable discussing highly emotive feelings. Once this has been achieved, you should be able to make some headway.
Going in with a sledgehammer is potentially likely to trigger another stress attack.
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