Worker mental health matters

LEGISLATION: PROMOTES SAFE WORKING ENVIRONMENT

- Tshehla Cornelius Koteli

For many employers, Occupational Health and Safety Act (OHSA) compliance focuses on their commitment to creating a safe working environment, free of physical hazards, while the mental aspect is overlooked. Companies must take steps to protect their staff from bodily harm, but the Act also implicitly covers employees' mental and emotional well-being.

Cliffe Dekker Hofmeyr (CDH) Employment Law experts looked at the legalities of mental health in the workplace.

Fiona Leppan from CDH said South African legislation imposes a duty on every employer to maintain a safe working environment without risk to the health of its employees.

"[In] 2018, the OHS [occupational health and safety] legislation was expanded to acknowledge that an organisation's duty on workplace safety includes promoting and protecting its workers' physical and mental health," she said.

With the increasing prevalence of mental health issues, employers must understand the legalities and address them.