In May 2022, the Health & Safety Executive (“HSE”) published its 10-year strategy setting out its vision, core values, and strategic objectives until 2032.
According to the HSE, Great Britain has one of the lowest rates of work-related injuries across Europe.
However, depression, stress and anxiety are increasingly forming the most common causes of work-related ill-health.
When looking at the energy sector, good mental health has its own unique challenges.
Of course, those intending to work offshore must pass a medical examination every two years.
Having a mental health condition is generally not a barrier to offshore work, however, this will require assessment by an OEUK examining doctor.
With the strategy’s focus on mental health, we may see additional requirements placed on operators from HSE in this area.
Though the number of medical evacuations carried out for mental health reasons only increased from 1% in 2021 to 3% in 2022, this may not paint the whole picture of mental health.
Stark findings were revealed in a recent report by The International Association of Drilling Contractors (IADC) which highlighted that 60% of employees faced mental health challenges at some point in their lives, with nearly a third meeting the benchmark for clinical depression while on rotation and offshore workers being 15 times more likely to commit suicide than those onshore.
The very nature of offshore working, including being away from home and traditional support networks, 3 and 3 rotations, shift work, and cabin sharing, can add to the negative impact on a worker’s mental health.
These practical considerations, when taken in conjunction with the pressure to avoid mistakes (which could have life or death consequences or lead to environmental devastation) can take a toll on a worker’s mental well-being.
We may see HSE take a particular interest in the support systems put in place by industry bodies and operators to aid workers in managing stress and to prevent or limit the development of anxiety and depression in the workplace.
Practically, this may relate to how workers are supported post-incident or post-ailment, and how concerns of stress and burnout are managed.
HSE have not yet indicated what they will be looking for in the area of ‘health’ in the offshore environment.
Perhaps the HSE will focus on ensuring that the basic requirements to support the physical and mental health of offshore workers are in place.
It is unclear if new or enhanced obligations are being developed, or where we will see the first enforcement action taken.
While across all sectors there has been little if any enforcement activity carried out by HSE in the realm of workers’ mental health thus far, the strategy suggests that interventions in this area may become increasingly likely moving forward with HSE having indicated that prosecution would be considered if there is evidence of a number of staff suffering from work-related mental health issues and systemic organisational failings to protect employees.
Regardless of where, when and how the HSE decides to act, employers must have in mind their legal responsibility to assess and manage the risk of stress, along with its impact on mental and physical ill-health.
Once identified, work-related health issues need to be assessed and measured to remove or reduce the risk, as far as reasonably practicable.
A mental health condition could amount to a disability under the Equality Act 2010, thereby protecting an employee from disability discrimination.
Where an employer is aware of the condition, it will be under a duty to implement reasonable adjustments if the employee experiences a substantial disadvantage because of their disability.
A proactive approach, with the support of occupational health, will help address mental health issues at an early stage.
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