In late September 2022, the World Health Organization (WHO) and the International Labour Organization (ILO) created guidelines that call for more concrete actions to address mental health concerns in the workplace. WHO’s global guidelines on mental health in the workplace recommends actions that tackle risks to mental health such as heavy workloads, negative behaviours, and other factors that cause stress at work. Notably, guidelines recommend implementing manager training which builds managers’ capacity to prevent stressful environments and teaches them how to respond to a worker in distress. The guidelines also recommend better ways for employers to accommodate the needs of workers with mental health conditions, provide interventions that support workers’ return to work and, for those with severe mental health conditions, provide interventions that facilitate entry into paid employment. A separate WHO/ILO policy brief explains the WHO guidelines in terms of practical strategies for governments, employers, and workers.

Employers in Canada are under no legal obligation to follow or implement the WHO guidelines. The guidelines are meant to set general worldwide standards for mental health in the workplace. However, in Canada, mental health is a workplace problem. Thirty percent of Canadian disability claims are related to mental health problems and mental illnesses. One in five Canadians experiences a mental health problem or mental illness each year. It is estimated that over fifty billion dollars per year are lost by Canadian businesses due to mental health problems in the workplace. The major financial losses for employers who are not caring about mental health in the workplace includes absenteeism and lost work productivity.

The Canadian federal government has tools and resources that employers can use to support mental health in the workplace. Some notable resources include:

• Healthy Minds@Work – A hub of tools and resources that can support employers in their efforts to address psychological health and safety in the workplace
• National Standard of Canada for Psychological Health and Safety in the Workplace – This is a set of standards to make a mentally healthy workplace
• Mental Health First Aid – Is a training program that teaches people the skills and knowledge to help people to better manage potential or developing mental health problems in themselves, a family member, or a work colleague

Employers have a legal obligation to address employees’ mental health

Both the federal and provincial Human Rights Code protects employees from discrimination and harassment because of mental health disabilities and addictions. This protection includes past, present, and perceived conditions. Employers also have a duty to accommodate people with mental health disabilities up to a point of undue hardship.

An employer’s failure to meet its legal obligations to address its employees’ mental health can be costly. To avoid making a mistake in addressing mental health, employers should contact an employment lawyer. Suzanne Desrosiers Professional Corporation can help employers with their legal obligations to address mental health issues in the workplace. Our employment lawyers can also help in Human Rights Code disputes over mental disabilities in the workplace. To reach us, you can call us at 705-268-6492 or email us at info@sdlawtimmins.com.