When Workplace Stress Becomes a Safety Concern: What Employers Should Know

Workplace safety has traditionally focused on preventing physical injuries, but employee well-being is becoming an increasingly important part of the conversation. Stress, anxiety and burnout can affect concentration, decision-making and productivity, potentially creating additional workplace risks.

The Occupational Safety and Health Administration (OSHA) has increasingly highlighted the connection between mental health and workplace safety. In 2024, OSHA released a fact sheet addressing workplace mental health, underscoring the agency’s broader recognition of psychological well-being as a workplace safety consideration.

For employers, this evolving focus raises an important question: What responsibilities do they have when workplace conditions create significant psychological risks?

Understanding OSHA’s Approach

The Occupational Safety and Health (OSH) Act does not contain a specific standard addressing psychological safety. However, OSHA may address certain psychological risks through the General Duty Clause, which requires employers to provide a workplace free from recognized hazards that cause, or are likely to cause, death or serious physical harm.

To establish a General Duty Clause violation involving psychological safety, OSHA would generally need to show that a recognized workplace hazard existed, the employer was aware of it, feasible measures were available to address it and the employer’s efforts were inadequate.

This does not mean every stressful workplace or instance of burnout creates an OSHA violation. The specific circumstances and the employer’s response are important.

OSHA has previously applied the General Duty Clause when investigating workplace violence, severe harassment resulting in psychological harm and other traumatic workplace events, particularly when connected to physical injuries or other recognized hazards.

Addressing Psychological Risks

Psychological safety can involve the mental and emotional effects of high-stress work environments, traumatic incidents and other circumstances that may affect an employee’s ability to work safely.

Employers can take several steps to identify and reduce these risks. Employee assistance programs (EAPs), stress-management resources, resiliency programs and appropriate leaves of absence (LOAs) may provide employees with valuable support. Training can also help employees and supervisors recognize workplace stressors and understand available resources.

Employers should tailor these efforts to the specific risks of their workplace rather than relying on a one-size-fits-all approach. Following a traumatic event, for example, an employer may need to consider leave requirements, workplace accommodations and other applicable employment laws.

Documentation is also important. Maintaining records of training, safety initiatives, EAP resources and other risk-reduction efforts can help demonstrate that an employer is proactively addressing workplace concerns.

Looking Ahead 

OSHA’s increased attention to mental health does not create a standalone federal standard for psychological safety. However, employers should consider the relationship between employee well-being and workplace safety when reviewing their policies and practices.

Organizations may benefit from regularly evaluating whether employees have meaningful opportunities to raise concerns and whether supervisors understand how to respond to issues involving workplace stress, trauma or employee well-being.

How Martin Pringle Can Help

Workplace safety and employment law can intersect in complex ways, particularly when issues involve employee accommodations, leaves of absence, workplace violence or other employment obligations. 

Martin Pringle’s Employment Law team helps employers navigate these challenges and develop practical approaches to complex workplace issues. Contact Martin Pringle’s Employment Law team to discuss your workplace concerns and learn how our attorneys can help your organization navigate evolving employment and workplace safety requirements.