Contents   Search Publications                         Previous section   Next section

Negotiating a policy

Here are a few important points to think about in negotiating a policy for stress prevention.

1. An agreed definition of stress

The first point in any agreement is to be clear about the terms of reference. There are many possible definitions. We have used the following: When the demands and pressures placed on individual workers do not match the resources available, or do not meet the individual's needs and motivations, stress can occur and endanger that person's health and well-being. In the short term, stress can be debilitating; in the long term, stress can kill.

2. Company view of stress

It should be made clear in the initial paragraphs, that the company takes the view that stress is a collective problem, that attempts will always be made to tackle the causes of stress and that individuals will not be victimised for reporting symptoms of stress, and on the contrary, will be offered assistance in the form of counselling, time off, etc.

It should be made clear that stress will be dealt with in a similar way to other hazards, according to the employers' legal duties under the Health and Safety at Work Act and the Management of Health and Safety at Work Regulations.

3. Agreed key factors which contribute to stress

a) The Work Environment

Remember traditional workplace stressors like noise, vibration, chemicals, dust and other physical hazards such as lighting, ventilation, badly designed premises, machinery and equipment.

b) The Organisation of Work

Repetitive, monotonous work, too much/little work, shiftwork, hours of work, Lack of autonomy or control over content pace/flow of work, including rest breaks. Meaningless or fragmented work. Lack of training, exclusion from decision making affecting the individual and the work. Ambiguity of role.

c) Contractual factors

Lack of promotional opportunities, shift work, long or unsocial hours, job insecurity (temporary, short term contracts, fear of redundancy), inadequate rest periods and holidays, low pay. Unpredictable hours or inflexible schedules.

d) Relationships

Bad relations with colleagues, supervisors; sexism, racism (including harassment and discrimination); customer/client complaints, risk of violence. Impersonal treatment at work, social or physical isolation. Low levels of support for problem solving and personal development.

4. Agreed symptoms of occupational stress

(as listed elsewhere in the book)

5. Assessment

Duties under the HSW Act and the MHSW Regulations should be explicitly mentioned in the policy. There should be systematic identification of factors agreed to give rise to stress, environmental hazards, job design, organisational and contractual factors. This should be done through workplace inspections and audits, and through confidential surveys of perceived symptoms and causes of stress, preferably carried out by the trade union representatives.

6. Controlling risks

The focus should not be on counselling and training for workers without tackling organisational and job design changes. The focus should be on hazard control, including worker and trade union participation. So, for example, reviewing shift patterns, getting rid of or alleviating machine pacing; providing adequate instruction, supervision, information and training, with clear objectives and details of how those objectives are to be met. Improving the working environment to get rid of dust, chemicals, heat, cold, noise, vibration, heavy lifting, monotonous work and so on. Giving choice to workers over the selection of equipment and working and production methods.

7. Set up reporting systems

There must be clear procedures for workers to follow if they are suffering symptoms of stress, with the right to be represented at all times by their trade union. Reassurance must be given that individuals will not suffer discrimination or lack of status as a result of reporting symptoms of occupational stress. Counselling should be provided for those who wish to take advantage of it, and paid time off to recover should also be offered. A guarantee to investigate the causes of occupational stress must be given.

8. Information and training

Information and training about the causes and symptoms of occupational stress must be given to all employees, including copies of risk assessments and policy/procedures on stress. The trade union must be involved in the planning and provision of health and safety training and information, and should be given the opportunity to describe the role of the trade union in tackling hazards and representing members at work.

Recommendations on minimising effects of shiftwork and night work

As we have shown in Part 2 of this book, shiftwork and night work are major contributors to workplace stress. Although results of recent research make concrete recommendations difficult, the following points need to be taken into account in constructing shift patterns with minimal effect:

• minimise permanent nights and limit the number of night shifts in succession (no more than 2)
• the morning shift should not begin too early
• shift change times should allow individuals some flexibility
• the length of the shift should depend on the physical and mental load of the task, and the night shift should be shorter than the morning and afternoon shifts
• short intervals between two shifts should be avoided continuous shift systems should include some free weekends, with at least two successive full days off
• in continuous shift systems, a forward rotation is preferred, i.e. workers should move from the morning to the afternoon to the night shift rather than rotate the other way
• the duration of the shift cycle should not be too long
• shift rotas should be regular
• rotas should be fixed well in advance and changes to rotas should be avoided.

Avoiding excessive work time

There is now a European Union Directive on working hours which accepts the basic premise that excessive work time is dangerous. The preamble to the Directive states:

• workers must be granted minimum daily, weekly and annual periods of rest and adequate breaks
• a maximum limit should be placed on weekly working hours
• the human body is more sensitive at night to environmental disturbances and certain forms of work organisation; long periods of night work can be detrimental to the health of workers and can endanger safety.

The Directive gives new legal rights to:

• a minimum daily rest period of 11 consecutive hours
• a rest break where the working day is longer than six hours
• a minimum uninterrupted rest period of 24 hours (in addition to the 11 hours' daily rest) every week - in principle this should include Sunday
• not to work more than 48 hours per week, on average (including overtime)
• paid annual leave of at least four weeks which is not replaced by an allowance in lieu where employment is terminated (three weeks for the first years the Directive is in force).

The British Government did all that it could to resist the introduction of the working time Directive which will come fully into force in the rest of the Economic Union in November 1996. The British Government has now decided to begin an action in the European Court over the Directive on the grounds that it was inappropriate to introduce it under the health and safety provisions of European Law. The Government has announced that it will take no action at all to introduce the Directive until the court case is decided. This will have a special irony for those who are convinced that the Government has not properly implemented previous Directives but who have been deterred from going to the European Court by the delays and expense involved. The Government also secured a concession from its European partners. In the United Kingdom, there will be a further period of seven years during which workers can voluntarily work more 48 hours per week but cannot be forced to do so. Employers will have to fulfil specific conditions in such cases:

• the worker's agreement to perform the work must be obtained
• no-one must be subject to detriment if s/he does not agree to carry out such work
• the employer must keep up to date records of all workers carrying out such work
• the enforcement authorities must have access to these records and may prohibit or restrict the maximum weekly working hours on health and safety grounds
• the employer must provide the enforcement authority with information on cases where work exceeds the 48 hour limit.

The Directive does not apply to transport work, sea fishing and doctors in training. National governments have also the option of excluding other groups of workers and unions and employers can negotiate derogations of some parts of the Directive but not the maximum weekly working time.

Despite the limitations of the Directive, it offers opportunities as a bargaining weapon for trade unions. Unions were successful in obtaining reduced working hours agreements in the 1980s even if the ultimate effect was that those in full-time employment worked more overtime. There were notable strikes in the engineering industry in both Germany and the United Kingdom. Some unions are now looking to the Directive for further progress. MSF Assistant General Secretary Tim Webb, commenting on the aerospace industry, said, "The provisions of the new directive will need to be incorporated in employees' contracts of employment. We need to protect our members' interests to ensure they are not pressurised to work excessive overtime. The aerospace industry is facing severe cutbacks and needs to plan ahead. Staffing levels and hours of work should be part of that plan."

The Directive also deals in some detail with night work:

• night work must not exceed an average of eight hours in any 24 hour period
• night workers whose work involves special hazards or heavy physical or mental strain must not work more than eight hours in any 24 hours during which they do night work
• night workers must have a free and confidential medical examination before they begin work and at regular intervals thereafter
• night workers with health problems connected with their work should be transferred wherever possible to suitable day work.

An 1990 report from the ILO goes further than the Directive in its recommendations on reducing the effects of night work.

These are intended to cover all workers except those in agriculture and transport by water. The main provisions on working hours are:

• normal hours for night work should not exceed eight in any 24 hour period, except for work which only requires substantial periods of attendance or stand-by; the alternative work schedules should give workers at least equivalent protection over different periods of work
• hours of night work should generally be less and should never exceed those of the equivalent day work
• any improvements in working hours or holidays should accrue to night workers at least as much as day workers
• night work should be organised to avoid overtime as far as possible either before or after the shift; this proposal is strengthened further for hazardous or strenuous work
• where shift work involves night work, two consecutive shifts should not be performed and there should be at least an 11 hour rest period between shifts
• breaks to enable workers to rest and eat should be planned into the job, the frequency and length of these to be determined by the nature of the work.

The ILO Recommendation makes some specific points about health and safety:

• employers and workers' representatives should be able to consult occupational health services, where they exist, on the consequences of various forms of organisation of night work, especially when undertaken by rotating crews
• special attention should be paid to factors such as toxic substances, noise, vibration and lighting levels and work involving heavy physical or mental strain - cumulative effects from such factors should be avoided or reduced
• the employer should take the necessary measures to provide the same level of protection against occupational hazards as for day workers, in particular avoiding as far as possible the isolation of workers.

A large number of supplementary measures are also proposed to reduce the stress of night work:

• the time spent travelling to and from work should be limited or reduced and safety when travelling should be improved in various ways, e.g. by co-ordinating work times with the schedules of public transport services, subsidising transport, provision of means of transport by the employer, assistance to workers in acquiring their own transport, the provision of accommodation within a reasonable distance of the workplace
• improvements should be made in the quality of rest of night workers, e.g. by advice and assistance of noise insulation of workers' homes
• suitable rest facilities should be provided at work
• suitable provision should be made for meals and drinks, including hot food
• creches or other services for the care of children should be available
• suitable cultural, sporting and recreational facilities should be provided
• night workers should be able to benefit from training and educational opportunities with paid leave
• pregnant women should be reassigned to day work
• the special situation of workers with family responsibilities, of workers undergoing training and of older workers should be taken into consideration when decision are taken on the composition of night crews
• workers should be given reasonable notice of a requirement to perform night work
• arrangements should be in place for night workers to transfer to day work after a given period of employment
• long term night workers should be given special consideration for voluntary early or phased retirement
• trade union representatives should have the same facilities as those on day work and should be able to carry out their functions under the conditions of night workers

There is quite a large discrepancy between the law as defined in the working time Directive (quite apart from British wrecking efforts) and the ILO Recommendation. Nevertheless, the Recommendation does set out a bargaining agenda for trade unions who traditionally have been more interested in negotiating wage premiums than giving priority to the health and safety aspects of night work. The ILO makes clear that the effects on personal and social life are matters for collective bargaining to secure the best conditions and should not just be left to individuals to sort out for themselves.