What is Workplace Psychological Health & Safety in Canada?
In Canada, workplaces are legally bound to stick to the Occupational Health and Safety (OHS) Acts and regulations that apply to them, all to ensure their employees are safe and sound. When you look at how most organizations structure their health and safety, there's a big focus on physical well-being.
That's probably because physical dangers are usually quite clear and easy to spot, making it much more straightforward to draft policies to cover them.
Legal Landscape of PHS in Canada
While it's true that Canada's National Standards for Psychological Health and Safety (PHS) aren't strictly mandatory, neglecting to adopt a PHS framework can, in practice, lead to serious legal troubles for workplaces.
This is because existing OHS legislation, human rights laws, and workers' compensation acts are increasingly interpreted to include a duty to protect psychological well-being. Neglecting PHS can consequently lead to claims related to harassment, violence, chronic stress, and discrimination, potentially resulting in legal troubles for employers.
Experts like Dr. Martin Shain for the Mental Health Commission of Canada highlight a "perfect storm" of legal liability. Courts and tribunals are increasingly intolerant of workplace factors that threaten psychological safety.
Applicable Laws for Psychological Health and Safety
First and foremost, the General Duty Clause mandates that employers take all reasonable precautions to safeguard the health and safety of their workforce. This obligation is broadly interpreted to extend to the protection of psychological health. Second, Canadian human rights in the workplace require workplaces to be accommodating, but this obligation runs much deeper than just treating employees kindly. It demands concrete action and adjustments to ensure equitable participation for everyone.
General Duty Clause Legislation:
In the workplace, employees have fundamental health and safety rights to ensure their well-being.
The "right to refuse" allows workers to decline tasks they believe pose a danger to themselves or colleagues, provided specific procedures are followed. Workers also have the "right to report" any unsafe conditions or practices without fear of reprisal. The "right to know" guarantees employees access to information about workplace hazards and their potential impact, often facilitated through training programs like WHMIS and other safety initiatives. And finally, the "right to participate" refers to the ability to contribute to health and safety efforts, typically through a dedicated committee, a designated representative, or an established system for employee input.
Human Rights Legislation:
In Canada, human rights laws prohibit discrimination based on "disability," which explicitly includes mental health disabilities and addictions. Employers have a duty to accommodate employees with these disabilities to the point of undue hardship. This goes far beyond just being accommodating; it requires concrete, individualized adjustments to policies, procedures, or the work environment to ensure equitable participation.
While not explicitly "mandated" in the same way as accommodation for an identified disability, human rights principles encourage employers to proactively design inclusive workplaces that prevent barriers for all their workers. This aligns strongly with the preventative aspects of the National Standard for Psychological Health and Safety, which aims to reduce psychosocial hazards that could lead to mental health issues in the first place.
Canadian National PHS Guidelines
The National Standard of Canada for Psychological Health and Safety in the Workplace (CSA Z1003-13 (R2022)) is a set of guidelines and resources designed to help organizations promote mental health and prevent psychological harm at work. It was championed by the Mental Health Commission of Canada (MHCC) and developed by the Canadian Standards Association (CSA Group) and the Bureau de normalisation du Québec (BNQ).
Navigating PHS Integration: Key Challenges
Integrating PHS involves addressing challenges beyond the obvious. Discrimination, for instance, isn't always overt. Seemingly fair policies can inadvertently cause significant psychological harm; a rigid attendance policy, for example, might be indirectly discriminatory if it doesn't accommodate employees managing mental health conditions.
Unlike traditional OHS, PHS delves into complex, often unseen factors like organizational culture and subtle psychosocial stressors, which can significantly impact mental well-being daily. Simply put, these aren't issues you can tackle with conventional approaches. That's why having a specialist partner like iMindify is essential to navigate these nuanced challenges effectively and safeguard your team.
Integrating Psychological Health & Safety in the Workplace
Since Psychological Health and Safety (PHS) is a specialized area distinct from typical Occupational Health and Safety (OHS), receiving accredited Integrating Psychological Health & Safety training is highly recommended for businesses looking to enhance their workplace practices and reduce potential risks.
PHS is a concrete action and systemic adjustments to create equitable access and remove barriers for all, rather than simply demonstrating goodwill towards a particular group.
Difference Between Psychological Health and Safety and Wellness Initiatives
In essence, PHS is about fixing the workplace to prevent mental harm, while wellness initiatives are about supporting the individual in managing their overall health. Both are important, but PHS addresses the employer's fundamental duty to provide a safe work environment.
While psychological health and safety (PHS) and wellness initiatives are related, they have distinct focuses. As part of its efforts in this area, iMindify delivers the Introduction to PHS training, accredited by the Mental Health Commission of Canada. This prerequsit program is highly recommended before taking the Integration of PHS training.
Essentially, PHS involves both an overview and/or a revamp of existing policies, procedures, compliance measures, and management reviews. It’s a proactive and systemic approach focused on preventing harm to mental health that originates from the workplace itself. It identifies, assesses, and controls psychosocial hazards in the workplace, such as excessive workload, ineffective leadership practises, and incivility.
Protecting Your Business: Next Steps
For businesses across Canada, proactively addressing psychological health and safety is no longer just good practice – it's becoming a legal necessity. Implementing a robust PHS framework based on the National Standard helps you meet your legal obligations, foster a healthier workforce, and ultimately protect your business from potential liabilities.
Fortunately, it's a win-win situation. Implementing an integrated PHS system can proactively prevent liabilities, significantly reducing costs related to disability leaves, high turnover rates, and presenteeism.
