1. UK NATIONAL WORKSTRESS NETWORK CONFERENCE 2007 Saturday, November 10 th Ian Draper, Network Convenor Enforcement of the Stress Management Standards

2. November 2007Stress Network Conference2 No one should leave work at the end of the day, less healthy than they were when they arrived …… TUC Vision Enforcing Duties on Stress Work should be health-enhancing ………………..

3. November 2007Stress Network Conference3 What are the costs of workplace stress? 13 million days a year, work-related stress is the biggest occupational cause of lost working days across the economy Over half a million individuals in Britain experience work- related stress at levels which makes them ill. CBI 2004 survey of 500 firms, found the average private industry worker took 7.2 days off sick per year. Nationally private sector believes sick-leave costs £1.75 billion with the loss of 25 million working days last year. What impact is this having? What action is being taken to reduce this drain on the economy? Enforcing Duties on Stress

4. November 2007Stress Network Conference4 TUC Safety Representative Survey 2006 Stress Listed66%56%58%61% Stress Factors2000200220042006 Workload74%80%79%76% Staffing Cuts53%50%49%57% Change44%52%47%53% Long Hours39%41%37%34% Bullying30%28%27%33% Enforcing Duties on Stress

5. November 2007Stress Network Conference5 Legal Case – HASAWA 1974 and Management Regulations 1999 – Common Law duty of care Business Case – Business benefits to be gained – Impact of long-term sickness absences Moral & Ethical case – Physical and psychological damage – Employer’s responsibilities for Personal Injury claims Enforcing Duties on Stress

6. November 2007Stress Network Conference6 Enforcing Duties on Stress HSE stress management standards – Historical background, mid 1990s wide consultation programme produced overwhelming call (over 70%) for regulation, ACoP etc – Time delays, HSE response was to do nothing except call for more research – Outcome, 2004 introduction of management standards 10 years later – Voluntary code, but technically enforceable through H&S law

7. November 2007Stress Network Conference7 HSE Stress Management Standards – Demand – including workload, work patterns and environment “employees indicate that they are able to cope with the demands of their jobs” – Control – how much say a person has in the way they do their work “employees indicate that the are able to have a say about the way they do their work” – Support – includes sponsorship, encouragement and resources provided by the organisation and colleagues “employees indicate they receive adequate information and support from their colleagues and superiors” – How many workplaces know the true answer to these problems? Enforcing Duties on Stress

8. November 2007Stress Network Conference8 HSE Stress Management Standards – Relationships – including with all levels of co-employees, managers etc Employees indicate that they are not subject to unacceptable behaviours – Role – relating to all aspects of job requirements Employees confirm they have full understanding of role and duties – Organisational Change – structural and organisational changes Employees confirm that the organisation engages with them when undergoing organisational change – How many workplaces know the true answer to these problems? Enforcing Duties on Stress

9. November 2007Stress Network Conference9 Enforcing Duties on Stress Directors’ Duties –HSC set out general expectations of Directors in respect of health and safety (2006) –IOD launched Guidance to Directors on October 29 th 2007 – “ Leading on health and safety at work” Check it out at www.iod.comwww.iod.com –“This guidance sets out an agenda for the effective leadership of health and safety. It is designed for use by all directors, governors, trustees, officers and their equivalents in the private, public and third sectors. It applies to organisations of all sizes.”

10. November 2007Stress Network Conference10 Enforcing Duties on Stress “Board level involvement is an essential part of the 21st century trading ethic. Attitudes to health and safety are determined by the bosses, not the organisation’s size. “Health and safety is integral to success. Board members who do not show leadership in this area are failing in their duty as directors and their moral duty, and are damaging their organisation.” Directors’ Duties – IOD Guidance

11. November 2007Stress Network Conference11 Enforcing Duties on Stress HSC calls for Boardroom Leadership On her first day in office the Health and Safety Commission’s new Chair, Judith Hackitt CBE, called for more board level engagement and ownership on health and safety issues. “With the latest figures showing 241 workplace fatalities, 146,000 serious injuries and two million reported cases of work-related ill- health, there is no room for complacency. More needs to be done in addressing the enormous challenges of improving health and safety in our workplaces. To improve our safety record we need strong and committed boardroom leadership that focuses on real causes of harm in the workplace and not trivia.”

12. November 2007Stress Network Conference12 Enforcing Duties on Stress Where is the evidence? –Sickness Absence data –Generic and specific data highlighted via Sickness Absence and return to duty meetings –Exit Interview data –Trade Union members’ and branch audits –Full Workplace Audits –HSE and other Assessment Tools –Independent research Is it safe not to act?

13. November 2007Stress Network Conference13 Enforcing Duties on Stress The costs of doing nothing – Walker vs. Northumberland CC – Improvement Notice and subsequent publicity –The issuing of an Improvement Notice by HSE on West Dorset General Hospitals NHS Trust, in 2003, highlighted the legal requirements for undertaking risk assessments and managing stress at work. –It was said that the Trust did not have a work related stress policy or a risk assessment of work related stressors. The improvement notice was about systems of work and risk assessment, and the Trust was keen to emphasise that it did not suggest that staff in Dorset County Hospital were more stressed than in any other public sector organisation. – Hatton, Barber and other recent cases

14. November 2007Stress Network Conference14 Enforcing Duties on Stress The benefits of taking action to address the problem –Somerset CC Stress Policy –2001 Government Targets on reducing sickness absence –Somerset CC set in place its stress policy and secured a significantly improved level of sickness absence over just 2 years

15. November 2007Stress Network Conference15 Enforcing Duties on Stress Where next? –Workplace discussion –Branch Audits –Safety Committee Agenda –Workplace-wide Audits –Implementation of Management Standards through use of Assessment Tool –Full, proper and regular risk assessments

16. November 2007Stress Network Conference16 Enforcing Duties on Stress Where next? – HSC/E level – Legislation, Regulation and ACoP – Improved monitoring and outcome data published – Increased inspection and greater focus on Stress – Improved sanctions – Dignity at work and caring, supportive culture – Zero tolerance of Bullying, victimisation and stress inducing work procedures

17. November 2007Stress Network Conference17 Enforcing Duties on Stress Taking a leaf out of the Corporate Manslaughter debate? –Penalties? –Custodial sentences? –Adverse publicity orders –Highlighting the causes and the transgressors

18. November 2007Stress Network Conference18 Enforcing Duties on Stress Simple facts – Too many days are lost through stress-related illness – Too much substantiated and anecdotal evidence of bullying and victimisation – Too many uncounted sickness days – Increasing levels of un-counted major health problems, premature deaths - including suicide – Long hours and high work pressures culture of the UK is damaging the health of the nation

19. November 2007Stress Network Conference19 And finally … … … In order that people may be happy in their work these three things are needed … they must be fit for it; they must not do too much of it; and they must have a sense of success in it. Enforcing Duties on Stress

20. UK National Work-Stress Network Ian Draper, 2007 iandraper@workstress.net www.workstress.net