Work-Related Stress in Ireland: Employer Duties and the HSA Work Positive Tool

Work-related stress is a health and safety issue as well as a people-management one. In Ireland, the HSA's guide for employers says a workplace's Safety Statement should identify hazards, including those that could reasonably cause work-related stress. This guide summarises what the HSA and a 2007 Labour Relations Commission guide hosted on the Workplace Relations Commission (WRC) website say about employer duties and the Work Positive tool. It is general information, not legal advice and not medical advice.

What the sources say about employer duties

The HSA's publication Work-Related Stress: A Guide for Employers does not carry a publication date, though its references (such as a 2010 survey and a 2011 update to Work Positive) show it was produced after 2011. It does not cite the 2005 Act by name, but it states the following:

• Employers must ensure, as far as is reasonably practicable, that the health of employees is not endangered in the course of their work.
• Employers must make sure the demands on employees are reasonable, and this covers the whole working day, not just the core job.
• Every workplace should have a current Safety Statement that identifies hazards and control measures, including hazards that could reasonably cause work-related stress.
• Preventive systems, risk assessments and written records are recommended so that employers can be assured their management systems keep the demands placed on employees reasonable.

Our guide to the safety statement and risk assessment duties under the 2005 Act explains the underlying framework in more detail. In short, if stress-related hazards are present in your workplace, they belong in the risk assessment and the safety statement like any other hazard.

The 2007 social partner guide

The WRC hosts a guide on work-related stress published by the Labour Relations Commission in October 2007 and drawn up with IBEC and ICTU. It cites the Safety, Health and Welfare at Work Act 2005, under which employers must secure employees' health, safety and welfare, provide a safe workplace and safe systems of work, and provide information and training. It also cites EU Framework Directive 89/391. The guide says employers are responsible for choosing appropriate measures, which should be carried out with input from workers or their representatives, and that the measures should be reviewed regularly. It also says stress caused outside work is not classed as work-related, and that harassment and violence are covered by a separate agreement. Because the guide is from 2007, check for newer HSA guidance before relying on its detail.

What counts as work-related stress

The WRC guide describes stress as a state that arises when people feel unable to meet the demands placed on them. It says short-term pressure can be manageable, but prolonged intense pressure is harder to cope with. It lists possible warning signs at organisational level, including high absenteeism, high staff turnover, frequent interpersonal conflict and worker complaints.

The HSA guide lists potential causes, including role ambiguity and role conflict, poor communication, low levels of support, lack of control over work, poorly managed shift working, and workload or pace problems; its text also mentions training and poor systems for dealing with bullying and harassment. Note the overlap with conduct issues: if bullying is alleged, follow the process in our guide to the bullying at work code of practice.

The Work Positive tool

The HSA's Work Positive programme is its stress risk assessment resource. The HSA's stress overview page says workplace stress risk assessments use the Work Positive CI Audit Tool, which combines the Demand/Control/Support model, the Effort-Reward Imbalance model and newer models focusing on change, relationships and role. It says an upgraded version was launched in March 2017 and added a critical incident component, developed with the State Claims Agency and CISM Ireland. Organisations can run a general stressor audit, or the advanced system if employees are exposed to critical incidents. The page also lists earlier Work Positive projects in 2005 to 2007 and 2008 to 2009.

The HSA employers' guide describes Work Positive as a confidential, anonymous survey of 42 items covering demands, control, support, relationships, roles and change, which produces colour-coded profiles for a department or organisation. That description comes from the undated guide, so the current online tool may differ.

What is not confirmed

We have not been able to confirm the current Work Positive CI tool's details from the HSA's own pages on what the tool is and which stressors it measures. We have therefore not described the current tool's questions, cost, access steps or reporting beyond what is stated above. Check the HSA website directly for how to use the tool today.

A practical process for managing stress risks

The HSA guide recommends diagnosing first through a risk assessment or audit, then tailoring interventions to what is found. It sets out a familiar risk-management sequence: identify hazards, assess risks by severity and likelihood, eliminate risks where possible, contain them, protect people from exposure, and monitor continually, for example through exit interviews and absence data. It describes three types of intervention: primary (looking at stress at source in order to prevent it occurring), secondary (a management approach focused on the employee throughout their time with the organisation) and tertiary (counselling and employee assistance programmes). It recommends combining all three.

Our suggested steps, which are a practical approach and not legal requirements:

1. Look at the data you already hold, such as absence patterns, turnover, grievances and exit interviews.
2. Consult staff through a survey, team discussions or safety representatives.
3. Identify the work factors involved, such as workload, role clarity, control, support and change.
4. Agree actions with owners and dates, and add the relevant hazards and controls to the safety statement.
5. Train line managers to spot and discuss problems early. The HSA guide lists training line managers and giving balanced performance feedback among its control strategies.
6. Review after a set period and after any significant change.

Training and the employer's role

Citing the 2005 Act, the WRC guide says employers must provide information and training. Our guide to HSA mandatory training requirements covers the wider training duties. The HSA guide also says employers should make it easy and safe for staff to raise stress concerns, because a culture that treats stress as weakness prevents disclosure.

The employee's role

The HSA guide says employees should take part in the process, tell their employer about stress and its perceived causes, and take due care of their own wellbeing. It also says employers can assume employees are capable of the jobs they were recruited for, but should help bridge any gap in capability. The WRC guide says workers must comply with the protective measures set by the employer and cooperate with it.

Dublin employers and local context

The duties above are national, so they apply equally to a Dublin professional-services firm and to an employer elsewhere. We do not cite local statistics, and neither guide provides any.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Is there a specific stress law in Ireland?

The official guides do not cite a stand-alone stress statute. They place employer duties under general health and safety law, namely the 2005 Act, and the HSA guide refers to general health and safety law.

Do we have to use the Work Positive tool?

The sources do not say it is mandatory. The HSA describes it as its stress risk assessment resource, and the HSA guide recommends a risk assessment or audit as the first step.

Should stress appear in the safety statement?

The HSA guide says every workplace should have a Safety Statement identifying hazards, including hazards that could reasonably cause work-related stress.

Does this page replace medical advice?

No. It covers employer processes only. Employees concerned about their own health should speak to a medical professional.

Check the HSA website for the latest guidance and tool details before you start an assessment.