What changed

4. Calls on Member States to ensure that where a worker establishes facts indicating exposure to work-related psychosocial risk factors including bullying, harassment, violence or burnout, and an injury or damage to health consistent with such exposure, there should be a presumption that the injury or damage is work-related; stresses that, in such a case, the burden would be on the employer to demonstrate that the injury or damage was not caused by the working conditions; further calls on Member States to introduce, where appropriate, mechanisms for the alleviation of the burden of proof, subject to legal certainty and the prevention of abusive and manifestly ill-founded claims;

4. Recalls that the rules on the burden of proof and the recognition of occupational diseases fall within the competence of the Member States and their social security systems; opposes any presumption of causality that would require the employer to prove a negative, to the detriment of legal certainty, particularly for SMEs; calls on Member States to exchange best practices regarding the recognition of work-related mental health conditions;

17. Stresses the need for minimum standards in the recognition, prevention and compensation of work-related psychosocial risks, in order to avoid legal fragmentation and ensure equal protection of workers; calls on the Commission to propose a clear and legally binding definition of work-related psychosocial risks and psychosocial risk factors, covering risks arising from work organisation, design and management practices comprising those related to digital surveillance and algorithmic management at the workplace, the social and relational context at work and working conditions, heat and extreme weather, affecting both physical and mental health, with particular impact on emergency responders and including issues such as work-related stress, mobbing burnout, harassment, violence and discrimination; underlines that such standards must be workable and easily implementable for companies of all sizes, with tailored and dedicated support for SMEs (e.g. simplified digital risk assessment tools, sectorial guidance, targeted financial or advisory assistance); stresses that such tailored support can help SMEs embed effective and sustainable psychosocial risk prevention in their daily operations while remaining fully aligned with the Union’s ambition to promote safe, healthy and productive workplaces; calls furthermore for algorithmic management systems and technologies to be better integrated into health and safety systems at workplaces, with the involvement of worker representatives;

18. Requests the Commission to carry out an impact assessment including an assessment of existing legislation complemented by a competitiveness and SME test and to submit, on the basis of Article 153(2), point (b), and Article 153(1), point (a), of the TFEU and the result of the aforementioned steps, a legislative proposal on work-related psychosocial risks, stress and mental health at work which would address the remaining gaps in existing legislation and avoid creation of overlapping legal instruments, with view to an equivalent, high level of protection for all workers in the Union following the recommendations set out in the Annex hereto;

The European Parliament requests the Commission to carry out an impact assessment including an assessment of existing legislation complemented by a competitiveness and SME test and to submit, depending on the result of the aforementioned steps, a legislative proposal on work-related psychosocial risks, stress and mental health at work where the following recommendations should be incorporated:

It should establish binding organisational, structural and participatory obligations for employers in order to protect workers’ mental and physical health and to ensure safe and dignified working conditions.

1. Employers shall should be able to designate one or more workers to carry out activities related to monitoring, risk assessment, early detection, and the prevention and management of psychosocial risks within the undertaking or establishment or if, because the undertaking does not dispose of sufficient competent personnel, such designation cannot be effected, they should be able to enlist competent external services or persons to that end, in addition to those designated or enlisted pursuant to Article 7 of Directive 89/391/EEC. Article 7(2), (5), (6) and (7) of Directive 89/39189/391/EEC should apply to such workers, external services or persons. The designated workers may be the same as those designated to carry out activities related to the protection and prevention of other occupational risks for the employer.