Workplace Mental Health Law : Comparative Perspectives.

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Contents -- Acknowledgements -- Preface -- Reference -- 1. Issues in workplace mental health law -- What sort of legislation is effective, practical, and reasonable? -- Notes -- References -- 2. The legal situation in Japan -- Notes -- Reference -- 3. A comparative study of mental health law -- United Kingdom: Primary prevention through intervention by administrative authorities in the form of Management Standards, an employer's responsibility to address psychosocial risks based on civil jurisprudence, and employment equality and legislation to promote the employment of the disabled5 -- Background -- Characteristics -- Effectiveness -- Recently launched efforts -- Denmark: Policies for active management of psychosocial risks based on an instrument, policies to manage a return to work with local governments at their core, and generous income security24 -- Background -- Characteristics -- Primary prevention approaches based on the Working Environment Act27 -- Copenhagen Psychosocial Questionnaire (COPSOQ)32 -- Tertiary prevention based on the Sickness Benefits Act -- Support for a return to work -- The system of workers' compensation -- Enactment of legislation to prevent discrimination against the disabled -- Other approaches: Incentives to implement measures to promote mental health41 -- Civil statutes -- Effectiveness -- Recently launched efforts -- The Netherlands: Policies for management of psychosocial risks involving occupational physicians and the Occupational Health and Safety Service, generous job security, and generous support from the Employee Insurance Agency to help individuals who have taken a leave of absence return to work44 -- Background -- Characteristics -- Approaches related to primary and secondary prevention -- Tertiary prevention -- a) An employer's duties.

b) An employee's duties -- Regulations related to all forms of prevention, from primary to tertiary -- Legislation prohibiting discrimination50 -- Act on compensation for damages -- Effectiveness -- Recently launched efforts -- Germany: A partial effort at primary prevention of psychosocial risks via administrative authorities but substantial legal protections in the workplace (e.g. regulations on working hours and termination) and occupational integration management to help individuals who have taken a leave of absence return to and remain at work53 -- Background -- Characteristics -- Approaches related to primary prevention -- Approaches related to secondary and tertiary prevention -- Effectiveness -- Recently launched efforts -- France: Emphasizing measures against harassment, regulations based on employee-employer agreements at the national level (national cross-industry agreements), the substantial authority of occupational physicians and health, safety, and working conditions committees, and the profound influence of EU legislation63 -- Background -- Characteristics -- Effectiveness -- Recently launched efforts -- The US (legislation besides the ADA): Enrollment in private insurance, prohibited discrimination against the physically disabled in terms of benefits, guaranteed unpaid sick leave, guaranteed reinstatement in one's previous position, and the spread of private employee assistance programs (EAPs)67 -- Background -- Characteristics -- OSHA -- Workers' compensation legislation -- FMLA -- MHPAEA73 -- Healthcare reform legislation -- Private organizations fulfilling a public role: EAPs74 -- Effectiveness -- Recently launched efforts -- The US (ADA): Prohibited employment discrimination against the disabled and promoting diversity and inclusion by requiring reasonable accommodations76 -- Background -- Characteristics -- Effectiveness.

Recently launched efforts -- Notes -- References -- 4. Comparisons with Japan -- Psychiatry in Japan1 -- Business administration in Japan4 -- Efforts to promote mental health as part of a management strategy -- Increasing an employee's employability -- Ensuring that a "psychological contract" is fulfilled -- Sociology in Japan19 -- Stage I: The beginnings (mid-1950s-early 1970s) -- Stage II: Days of calm (early 1970s-early 1980s) -- Stage III: Development (mid-1980s-early 1990s) -- Stage IV: Expansion (mid-1990s-present) -- Occupational medicine in Japan (focusing on occupational health measures)22 -- Statutes to maintain and improve both physical and mental health and to foster a comfortable workplace and their effectiveness -- Establishment of guidelines on and criteria for recognition of workers' compensation claims involving mental disorders and their effectiveness -- Announcement of mental health guidelines and their effectiveness -- Measures to deal with overwork and their effectiveness -- Legislation to prevent suicide and its effectiveness -- Issuance of manuals on support for a return to work and their effectiveness -- Legislation instituting "stress checks" and its effectiveness -- The spread of private employee assistance programs (EAPs) and their effectiveness -- Results of a Japanese social survey30 -- Trends in Japanese court cases34 -- The Supreme Court decision in the Dentsu case -- Trends in relevant cases -- Trends in court cases decided from 2007-2011 -- In relation to 1) -- In relation to 2) -- In relation to 3) -- In relation to 4) -- Subsequent trends in court cases -- A continuation of the trends in 3) -- Variation in the preemptive action required -- Cases suggesting the need for involvement of an occupational physician -- An increase in cases where company directors are found civilly liable -- Notes -- References.

5. Key findings and implications for workplace mental health -- Summary of the study's results -- Primary prevention -- Secondary and tertiary prevention -- Implications for workplace mental health -- Legal policies for primary prevention -- Mental health issues covered by legislation in different countries -- The appropriateness (and appropriate scope) and validity of psychological approaches -- The relationship between measures addressing individuals with a congenital mental disorder who have never been employed (without special considerations) and those addressing individuals who are developing mental health issues as a result of exposure to excessive stress but who are able to return to work soon -- Can and should mental health measures be differentiated by the cause of the onset or exacerbation of a mental illness? -- Notes -- References -- 6. Conclusion -- Notes -- References -- Appendix -- Criteria for Certification of a Mental Disorder Caused by Mental Stress -- Notice no. 1226-1 issued by the Labor Standards Bureau on December 26, 2011 -- Applicable disorders -- Certification requirements -- The basic concept behind the certification requirements -- Specific determination of certification requirements -- Determination of whether or not a mental disorder developed -- Determination of the intensity of mental stress due to work -- An event corresponding to "a particular event" has occurred -- An event corresponding to "a particular event" has not occurred -- An event corresponding to a "specific event" has occurred -- Comprehensive assessment of mental stress from each event -- Overall assessment when multiple events have occurred -- Assessment of the amount of overtime -- An assessment based on extremely long working hours -- Assessment of long working hours as an "event -- Comprehensive assessment when constantly working long hours.

Determination of mental stress outside of work and individual factors -- Worsening of a mental disorder that is work-related -- (Omitted) -- Convalescence and being cured -- Other -- Suicide -- Points to be mindful of in situations involving sexual harassment -- Annex 1 An assessment form for assessing mental stress due to work -- Index.

This book provides a systematic and interdisciplinary study of occupational mental health legislation in seven countries. In presenting a comparative discussion of mental health issues in the workplace, it seeks to establish a minimum for legal rights and duties that contribute to prevention and not just compensation.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.