- Conference
- 2004 National Delegate Conference
- Date
- 19 February 2004
- Decision
- Carried
We call upon Conference to adopt this motion to press for the inclusion of the recognition of stress to be included in regulation 3(1)(a) of The Management of Health and Safety at Work Regulations 1999.
The main problems are that under the current legislation there are no laws that recognise work-related stress as an illness. Although a person could be sick for a long time, there is no way of recording this with the Health and Safety Executive (HSE) as it is not required under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).
One way that UNISON could hold precedence in a court of law is under the Management of Health and Safety at Work Regulations 1999, regulation 3, if the employer fails to do adequate risk assessments for her/his work practices therefore putting employees at risk of ill health. The Health and Safety at Work Act 1974 states under section 2 that the employer has a duty of care in reference to health, safety and welfare, but in the same sentence it also states “reasonably practicable” which could be looked upon as an opt-out clause as this usually means cost to put something right.
We call upon Conference to press relevant agencies, namely TUC, HSE and government departments to support the including of the wording “including stress” into the Management of Health and Safety at Work Regulations 1999, regulation 3(1)(a) to state “the risks of the health and safety of his employees to which they are exposed, including stress whilst he is at work.”
By adding these two words the employer would have an obligation and duty of care in their risk assessments to ensure that any employees are not subject to avoidable stress, and this would help UNISON if need be, in a court of law when representing members who go through the anguish and torment that stress causes, not only to themselves but also to their family, friends and fellow work colleagues.