What is a psychosocial work environment?
The psychosocial working environment encompasses the social, organizational, and psychological conditions in the workplace that affect employees’ health, well-being, and ability to work. This includes, among other things, role clarification, management practices, support from colleagues and managers, time pressure, conflict levels, handling emotional stress, and workload.
In recent years, the psychosocial working environment has received increasing attention in the media, in workplace research, from the Labor Inspection Authority, and in whistleblowing cases. According to the National Institute of Occupational Health (STAMI), approximately 15 percent of long-term sick leave is related to psychosocial factors. Challenges such as stress, unclear expectations, and lack of support thus pose a significant health and economic risk to both employees and businesses.
The upcoming amendment to the law is the result of an investigation led by the Labor Inspection Authority in collaboration with the social partners, the Maritime Industry Authority, and STAMI. The aim is to strengthen preventive efforts and provide businesses with clearer guidance on what is required to ensure a safe psychosocial working environment. The work must be organized, planned, and implemented in such a way that the psychosocial factors in the working environment are fully safe.
Amendments to the work environment act § 4-3
Section 4-3 of the Working Environment Act will be continued with its current elements, but will have two new paragraphs from the new year. The first paragraph will specify that work must be organized, planned, and carried out in such a way that psychosocial working environment factors are fully acceptable in terms of the health, safety, and welfare of employees.
The new second paragraph will provide a non-exhaustive list of key psychosocial working environment factors that employers must assess and address in their preventive working environment efforts, including:
- Unclear or conflicting requirements and expectations at work
- Emotional demands and stress in working with people
- Workload and time pressure that create an imbalance between the work to be done and the time available
- Support and assistance in your work
The amendment does not impose any new material obligations, but clarifies the employer’s existing responsibilities. According to the Ministry of Labor and Inclusion, the purpose is to guide businesses and emphasize that psychosocial conditions are an essential part of a fully responsible working environment. The clarification will be significant in practice as a clearer point of interpretation in personnel matters, disputes, whistleblowing cases, and supervision by the Labor Inspection Authority.
What should employers do now?
Although the intention is advisory, the amendment will raise expectations regarding employers’ systematic HSE work and documentation. The working environment is not only about safety and the absence of injuries, but also well-being, predictability, and support. For many companies, it will be sufficient to strengthen existing HSE procedures and documentation. For others, the changes will require a more fundamental review of culture, organization, and management practices.
Before the amendment comes into force, businesses should:
- Review existing procedures. Include psychosocial factors in current HSE procedures and internal control systems. The procedures should be up to date and clearly state that the psychosocial working environment is covered by what is to be controlled.
- Identification of risk factors. Use employee surveys, safety rounds, and interviews as systematic identification tools to identify challenges and conduct risk analysis, including psychosocial conditions.
- Update job and role descriptions. Unclear expectations are a key risk factor, and clear descriptions can reduce conflicts. Evaluation of workload and deadlines.
- Working hours. Ensure that the company has adequate systems for recording and monitoring working hours. Remember that independent or senior employees in particular must also have a reasonable workload, even if they are exempt from the ordinary working hours regulations.
- Strengthen leadership training. Managers must have the tools to deal with high work pressure, conflicts, and emotional stress. Implement routines for support, follow-up, and manager availability, colleague support, and social cohesion.
- Document measures. Ensure that assessments and decisions are recorded in writing, and evaluate the effect of measures.
- Involvement and participation. Participation leads to better solutions and strengthens the employer’s legal position. Depending on the size of the business, there are a number of roles and bodies that are required by law and regulations, such as: union representative, chief union representative, safety representative, AMU, employee representatives on the board, pension committee/committee, corporate assembly, cooperation body in the group and European Works Council (EWC).
The new provisions may play a role in cases concerning dismissal, sick leave, harassment, and whistleblowing, as the courts will have a clearer legal text against which to assess the employer’s obligations. In cases where employees claim to be exposed to an unacceptable psychosocial working environment, the employer’s ability to document systematic mapping and work may be significant.
The Labor Inspection Authority can check that the enterprise complies with the requirements and impose corrective measures in the event of non-compliance. In the event of serious or repeated violations, coercive fines or violation fees may be imposed. In addition, employees can claim compensation or damages in the event of violations of the requirements of the Working Environment Act.
Our assistance
The law firm Hjort has specialized expertise in labor law and can assist employers and HR departments with, among other things:
- Advice on implementing the new requirements for psychosocial working environments
- Preparation and revision of procedures, notification procedures, and HSE documentation
- Courses and training for managers, employees, and safety representatives
- Advice and handling of specific cases involving psychosocial challenges, conflicts, and reports
- External alert channel
