As mental health in the workplace comes under the regulatory spotlight, it’s important for companies to know the concerns and regulatory requirements they may need to prepare for in the future.
Around the world, the topic of mental health in the workplace is getting significant attention. And this is leading to more conversations around regulations, guidance, and frameworks for employers to provide suitable support for mental health in the workplace.
According to Gallup’s 2024 State of the Workplace Report, 41% of employees said they experience a lot of workplace stress every day. When that leads to poor mental health and disengagement, this can be massively detrimental for businesses. In fact, Gallup estimates that 9% of global GDP is lost due to due employee engagement — that’s around USD 8.9 trillion annually.
In this article, we’ll review the state of workplace mental health in the US and provide some insights into the current frameworks and guidelines that employers can follow to address this growing challenge.
Workplace mental health in the US
MindShare’s 2023 Mental Health at Work Report found that workers’ views of overall mental health have declined since 2021. This demonstrates the importance that employees place on mental health for their personal and work lives. The study also found that work itself is the second-most significant influence on peoples’ mental wellbeing. Furthermore, the 2022 findings of the American Psychological Association that 81% of US workers consider workplace mental health support to be a significant factor in choosing an employer.
It’s seemingly clear that not only is mental health in the workplace significantly affecting employees, but it’s also a major topic of consideration for those seeking employment. It’s therefore in the best interest of organizations to incorporate sought-after mental health support into policies, procedures, and company culture, even where there aren’t current mandatory regulations specifically related to mental health.
Mental health support guidance for US employers
Following non-mandatory guidelines issued by regulatory bodies, or implement best practices issued by governmental bodies or other organizations, is an excellent starting point.
The Occupational Safety and Health Administration (OSHA) doesn’t specifically require companies to protect workers’ mental health with a separate standard. Instead, under the general duty clause, OSHA requires companies to provide employment and a workplace that’s free from recognized hazards that cause or are likely to cause death or serious physical harm. This includes taking reasonable steps to prevent or reduce recognized hazards, such as job-related stress. In 2024, OSHA published a factsheet, which summarizes some causes and symptoms of mental health concerns that are common in workplaces in the US. OSHA also provides companies resources and training guidance to identify risks and help mitigate or eliminate their impact on employees’ mental health.
It’s worth noting that if OSHA finds a company violated the general duty clause as it relates to mental health, it can point to this guidance as a “feasible and useful method” the company could have used to correct the hazard before the violation occurred. Therefore, there can be legal consequences tied to non-mandatory guidance.
Workplace mental health in Canada
Across the border, Canada also has no federal requirement related to workers’ mental health, but companies are generally responsible for protecting the health and safety of employees, and this is commonly considered to include their mental health.
Employment and Social Development Canada (ESDC) says that “a psychologically healthy workplace is a respectful and productive environment that makes every reasonable effort to promote and protect the mental health of employees.”
ESDC provides companies with a list of eight best practices to help make workplaces safer for mental health. These practices include supporting employee participation and decision-making, promoting work-life balance, managing workloads, and providing training and learning opportunities to employees.
Global guidelines for workplace mental health
The World Health Organization (WHO) has laid out some research and guidance on mental health at work to help governments and companies take actions to improve mental health at work. This research suggests that companies provide “reasonable accommodations” for people with mental health conditions to encourage and support their participation in and ability to thrive at work.
These accommodations can include:
- Flexible working hours
- Modified workloads to reduce stress
- Paid time off for health appointments
- Regular meetings with supervisors or colleagues for support
The WHO also recommends that companies train workers in mental health literacy and awareness to improve general knowledge and reduce stigmas.
Preparing for future workplace mental health regulations
While the examples given here don’t have the force of law, it’s generally in the best interest of companies to at least consider them when developing programs around occupational risks in the workplace, for two reasons:
- Reputation is a huge contributing factor when it comes to long-term business success. Companies that demonstrably take employee mental health seriously are far more likely to attract quality talent in the future, as well as retain the workforce already in place. Furthermore, as mental health becomes a more publicly discussed issue, bad press regarding working wellbeing can be massively damaging to an organization.
- Regulations may not address mental health specifically at present, but it’s highly likely this won’t be the case for much longer. Invariably, the public conversation topics of today become the mandatory regulation topics of tomorrow. In many countries around the world, we’re already seeing evidence of this — such as Portugal’s Right to rest law and Australia’s more recent Right to disconnect policy.
Managing mental health in the workplace
Offering your employees support with mental health as well as their physical wellbeing is more than a nice-to-have — it’s quickly becoming a necessity. But, with limited mandatory regulations to follow, it can be challenging to know where to begin.
To find out more about workplace mental health in the US — including how to protect your people, your business, and the economy — download our whitepaper Managing mental health in the workplace today.