Labor will penalize companies that do not assess the risk of stress in their employees

The Inspection issues a new criterion in which it warns that "psychosocial risks" are also occupational risks

Companies have the obligation to evaluate the "psychosocial" risks of their employees, that is, the possibility that they suffer stress, anxiety or psychological discomfort in their work environment, and may be sanctioned by the Labor Inspection if they do not do so.

This has been determined by the Inspection in a new Technical Criteria completed this week, in which it specifies that companies, in compliance with the Occupational Risk Prevention Law, must also address risks that potentially affect the mental health of employees. something that had not been specified with such accuracy to date.

With this criterion, the Inspection confirms that psychosocial risks are also occupational risks and warns companies of the obligation to evaluate them and plan measures to solve them if problems are detected.

 Labor, with this criterion, tells the Inspection how it should check it and also the company how it should evaluate it. It is very interesting because to date the Occupational Risk Prevention Law establishes the obligation to evaluate the risks of your workplace for the health of your employees, but it does not determine what risks those are.

Common risks to all types of work

Specifically, the company must evaluate whether the worker suffers monotony in the development of his work, whether he has to do "meaningless tasks" or "unpleasant tasks for which he feels rejected."

You will also assess if you have an excessive workload, with time pressure and strict deadlines, or if you have an insufficient workload; as well as if communications are deficient or if the worker has insufficient support for problems or personal development.

Isolation or poor relationships with colleagues will also have to be evaluated, including adverse relationships with users or clients. It will also be looked at if the employee is undervalued at work or feels insecure.

These risks "can be present in all types of work without any exception, regardless of the size of the company, the sector of activity, type of position held or hierarchical level thereof," states the Inspection, which is why all companies have from now on the obligation to evaluate them.

All workers must be evaluated

The management of the company must be involved in this evaluation and must cover all jobs, including positions held by contracted Temporary Employment Agency personnel.
Once risk factors are detected in the company, it has the obligation to assess their probability and take measures to avoid or reduce them.

The Inspection may appear in any company - after receiving a complaint from an employee, as part of a prevention campaign or on its own initiative within the framework of its random actions - and request its evaluation of psychosocial risks. If the company has not carried it out, it may sanction it.

This new criterion of the Inspection has been prepared taking into account rulings from Spanish courts (such as that of the Superior Court of Justice of Madrid, of 2005, or that of Castilla y León, of 2014) and directives and agreements of the European Union.

The Inspection gives examples of psychosocial factors typical of some professions, such as long hours in the hospitality industry; the excess physical and emotional burden in healthcare; conflictive relationships with students and families in education; the right to disconnection in commerce; or night and shift work in industry.