Workplace mental health regulations around the world

As the field of mental health has evolved, more time has been invested in researching the connection between mental wellbeing and the workplace — particularly in terms of occupational stress, work culture, time off, and leadership support. Global regulatory agencies are enacting both stricter laws and non-mandatory guidance protecting the mental wellbeing of employees. 

In our eBook on mental health in the workplace, Enhesa experts outline the regulatory risks, societal expectations, and employee impacts of emerging new mental health requirements.  

Aligning business goals with mental health standards is crucial to meeting EHS compliance requirements in this expanding landscape, both retaining and attracting employees, and promoting a sustainable and safe brand in an increasingly competitive market.  

In this article, we’ll highlight the mandatory legislation and non-mandatory guidelines around the world, explored in detail in Mental health in the workplace: A guide for EHS managers.

Mandatory mental health regulations

Mental health has only recently entered enforced legislation, “as regulators start to require companies to account for mental and psychosocial safety in the workplace.”
 

Global 

On a global scale, workplace mental health assessments existed before the topic exploded into mainstream media. “Now,” our experts note, “companies have to track the developing regulatory landscape around mental health at work and be aware of the social pressures to prioritize mental health.” 

Keeping track of the global trend of mental health, now characterized as an occupational hazard, is crucial to futureproofing your business in a landscape that’s becoming increasingly transparent.
 

Europe 

Europe appears to be the frontrunner in mental health regulations. Many EU countries are implementing procedures to manage workplace stress, as outlined in our eBook: 

• France — since 2009, companies operating in France are required to manage workplace stress under the Order of 23 April 2009. This legislation helps businesses identify, define, and tackle indicators of stress and provides guidance on preventing and reducing mental health difficulties, namely through determining responsibilities 

• Norway — again, since 2009, companies in Norway have been required to organize, arrange, and manage workloads, working hours, and technology usage to ensure employees don’t suffer adverse physical or mental strain at work 

• Switzerland — Swiss companies must take “all necessary measures” to preserve the mental wellbeing of employees by organizing workloads suitably 

• Germany / Ireland / Spain / United Kingdom — these countries now regulate mental health requirements through occupational risk assessments, assessing mental wellbeing, work-related stress, and psychosocial factors to build upon internal frameworks and mitigate risk factors
   

South America 

• Chile — since 2013, Chile has required their companies to perform psychosocial risk assessments to identify gaps in mental health compliance and assess the wellbeing of their employees. Alongside identifying risks, Chilean companies must implement corrective measures to improve mental health at work 

• Colombia — since 2008, businesses in Colombia are required to obtain and analyze employee psychosocial factor data and develop measures and policies to improve mental wellbeing and continue to meet compliance in this landscape
   

Australia 

While some countries have had mental health policies in place for several years, other regions have only more recently begun implementing frameworks to manage mental wellbeing. 

Australia, for example, amended the Model Codes of Practice in 2023, which detail psychosocial safety requirements in the workplace. Queensland and New South Wales “have adopted mandatory requirements for companies to implement certain control measures, including having regard for the duration, frequency, and severity of the exposure of workers to psychosocial hazards.”

Non-mandatory mental health guidelines

Mandatory regulations still have a way to go, but there’s a plethora of non-mandatory guidelines on supporting positive mental health and fostering cultures which prioritize worker wellbeing that companies should consider to stay ahead of emerging trends, promote a supportive workplace, and maintain a foothold in the competitive market.
 

Global 

The World Health Organization (WHO) recommends that companies take actionable steps and measures to improve mental health at work, citing the financial and reputational risks of poor employee mental health.  

The guidance suggests the following recommendations to mitigate mental health risks and promote positive mental wellbeing in the workplace: 

• Manage psychosocial risks by implementing organizational assessments that target working conditions and environments — for example, flexible working 

• Train managers on how to identify, respond to, and manage mental health indicators at work, such as emotional distress 

• Train workers on improving understanding of mental health and destigmatizing the topic at work 

• Provide help to manage stress and reduce mental health symptoms 

• Make reasonable accommodations to meet the needs of workers struggling with mental health, such as flexible working hours, additional time for tasks, smaller or less stressful assignments, time off, and regular meetings with managers 

• Implement return to work programs and ongoing medical care for those returning after an absence due to a mental health condition 

The guidance continues to outline steps businesses can take to create a positive mental health environment, including leadership commitment, setting aside funds for resources, aligning with regulations, encouraging participation in programs and workshops, and more.  

Our experts highlight that while guidance isn’t mandatory, “it’s generally in the best interest of companies to at least consider them when developing programs around occupational risks in the workplace.”
 

United States 

Under the general duty clause moderated by OSHA, companies in the US are required to provide a workplace free from identifiable hazards that could cause death or serious harm. This includes preventing or reducing job-related stress.  

A 2024 factsheet published by OSHA on workplace mental health summarizes the causes and symptoms of mental health difficulties in the workplace. OSHA also provides resources for companies to destigmatize mental health conversations and understand how to support any employees who do need help.
 

Canada 

In Canada, Employment and Social Development Canada (ESDC) provides companies with a list of best practices to ensure a psychologically healthy, respectful, and productive working environment. It’s expected that companies “make every reasonable effort to promote and protect the mental health of employees”.  

The eight practices include: 

• Support employee participation and decision-making 

• Define duties and responsibilities 

• Promote a healthy work-life balance 

• Encourage and model respectful behavior 

• Manage employee workloads 

• Provide training and opportunities for learning 

• Implement conflict resolution practices 

• Recognize employee contributions 

The resource continues to list the benefits of generating a mental health positive workplace, methods for addressing mental health difficulties at work, and some resources for leadership to learn more about this topic.

Risks of regulatory non-compliance

While not all regions in the world have strict, mandatory laws in place on mental health in the workplace, there’s a global expectation for companies to do better, as the importance of this topic continues to evolve in the occupational health space.

Companies can face legal consequences from non-compliance, but refusing to consider or implement the non-mandatory guidance can bring about even further damages socially. And as these discussions progress, companies will be expected to prioritize mental health at work. Developing clear goals and strategies to prioritize mental health will not only help companies fulfil any necessary requirements, but fostering a positive environment will futureproof businesses against the social and financial risks of mental health.