Changes in law and policy in BC workplaces Mental Stress: Presentation to Capilano University Faculty Association

Workplace stress emerging as critical issue. Research shows it has serious consequences for workers and workplaces. Law, policy and regulatory reforms are playing catch-up. Recent court decisions and legislative changes highlight the pressure to close the gap. Overview

Surveys show workplace stress more than “incidental” NIOSH report showed: – 40% of workers reported their job was stressful or very stressful – 25% view their jobs as the number one stressor in their lives Overview: Research

– 75% of employees believe that workers have more on-the-job stress than a generation ago – 26% of respondents said they often or very often felt burned out by work – Job stress is more strongly associated with health complaints than financial or family problems Overview: Research

Policy debate: crossover from mental stress to mental illness Where is the onus on employers to guard against mental stress and its potential for causing greater problems? – CMHA: 20% of Canadians will experience a mental illness in their lifetime – Mental illness affects people of all incomes, ages, occupations, cultures Overview: Part of a Larger Continuum

Report by the Standing Senate Committee on Social Affairs, Science and Technology, “Transforming Mental Health, Mental Illness and Addiction Services in Canada” – Unreasonable demands on subordinates – Withholding important information – Refusing to give reasonable discretion – Failing to credit or acknowledge contributions and/or achievements – Creating a treadmill at work — too much to do, all at once, all the time Overview: Management practices that precipitate or aggravate mental stress

– Creating perpetual doubt — employees never sure what’s happening – Allowing mistrust to take root – Tolerating ambiguity and unclear expectations – Sub-par performance management practices – Lack of two-way communications – Management rejecting, out of hand, employee concerns about workload Overview: Management practices that precipitate or aggravate mental stress

2009 BC Court of Appeal said WCB Act Discriminated. BC Human Rights Tribunal complaints re: gradual onset stress. Legal opinion from AG said law needed to change. BC Human Rights Tribunal complaints put on hold. Law & Policy Change in BC

Bill 14 introduced, November 2011 First reading, “mental stress”, “physician” Third reading, “mental disorder”, “psychiatrist” “registered psychologist”, “DSM diagnosis” Bullying and harassment added Excludes claim related to labour relations Law & Policy Change in BC

Policy defines conditions for coverage. Early days, evolving Criteria include one or more traumatic events. Events must be identifiable. “predominantly” caused by work- related stressor or cumulative. Law & Policy Change in BC

Predominant cause test: significant work-related stressor or cumulative are the primary cause of disorder. Causative significance: more than trivial. Assess connection between stressors and work. Law & Policy Change in BC

Labour relations exclusions include: Decision to change work or conditions. Discipline Termination Law & Policy Change in BC

Bullying and harassment cited in the legislation as examples of significant work-related stressors Predominant cause test applies. Cumulative and traumatic also factor into this. Law & Policy Change in BC

Prevention parallels access to coverage Workplace health and safety plan Strategy to prevent problems Role of the Workplace OH&S Committee Mandatory training of OH&S Commi ttee Law & Policy Change: Implications for OH&S