Legal
Issue No. 19 - October/November 2004
Latent risk at work
by Michael Hegarty
Employers are required to maintain a safe working environment. Section 19 of the Occupational Health Safety and Welfare Act 1986 provides that employers must ensure in so far as it is reasonably practical that their employees are safe at work. Policies must be put in place, personal protective equipment provided and safe work procedures implemented.
However, even if all of these requirements are properly attended to, the workplace may still not be safe. There may also be hidden risks which increase the likelihood of workplace injury.
In a previous article I commented that absenteeism can be related to stresses faced by employees. These stresses may come from within the workplace or from elsewhere.
Workplace stress sometimes causes genuine illness for which compensation is payable. Although not all stress at work can be avoided, an employer must do what is reasonably practical.
When an employee takes a "mental health day", it may be a response to work load pressure. For example, during peak periods of activity, an employee may work longer or harder at their job in order to meet deadlines. When it appears that a downturn is approaching, they feel mentally and physically tired and need a break. These feelings may, in the employee‘s mind, justify a day off to recuperate.
Rates of absenteeism may follow a regular pattern. Employers should examine what lies behind patterned absences, not merely from the point of view of employee performance, but also in the context of a safe work environment. Increased rates of absence may indicate a critical lack of resources at certain times.
Stress is a state of tension often brought about by circumstances that the person has no control over. In the workplace stressors can come from many quarters. There may be insufficient staff. Workmates may not interact in a positive manner. This can be due to personality difficulties, or prejudice against a person‘s race, religion, eth...
