Hi, Research internationally has identified New and Emerging Risks to Workplace health. These include Biological, chemical, physical and psycho-social risks. The single largest risk internationally by far are those that cause workplace stress, followed only by musculo-skeletal disorders. In South Africa i cannot find any legislation that compensates for this, (COID act may look at post traumatic stress disorders - but only as an event). A few years ago a case was submitted to COID, with ample evidence of management induced stress, victimization and psychiatric evidence. Yet it was turned down. A recent survey indicated that COID and Management should both recognize and compensate for this problem. The findings on the latter indicate that management must be held accountable just like any other accident or disease. Are there any views on this or are you aware of any legislation that may be used to address this problem. Some countries managers claim this is the largest single threat to their businesses today. Look forward to your comments
Hi, Yes i also looked at that. However it would then mean that workplace stress would become a disciplinary type process, actually committing the mistake that "the individual has been persecuted", it would not solve the problem that many workplaces are stressful due to the management approach, longer working hours, lack of skills etc. BCEA definitly has a place though in extreme circumstances. Good one. If you have any other ideas please advise. I have also contacted FEM and COID asking them to respond to a few questions, i dont know if i will get a reply. The WHO has a publication Raising Awareness entitled; Stress at Work in Developing Countries;A modern hazard in a traditional working environment Lastly i asked the question of research to both COID and FEM, i am not hopeful with this one, but democratic, modern government continuously do this type of research. I am also very interested in the comments / suggestion from the readers of this blog. Lastly, if you know of any institution etc that may help i would be most grateful. Cheers
Hi, . Does FEM / COID recognise work related stress as an occupationally induced condition. 2. Have any claims been made to FEM / COID for compensation for work related stress and have any been successful. 3. Has FEM/COID ever motioned for stress cause by the workplace environment or management practises , to be recognised as a compensatable issue. 5. Does FEM/COID follow international best practise monitoring new and existing factors that can lead to workplace stress, e.g. in the UK and EU work related stress is now the single largest cause of absenteeism, followed by musculo-skeletal disorders. 6. Is the fear of opening up a "can of worms" relating to workplace stress one of the reasons that it may not be regarded as a scheduled disease or condition 7. Why does the OHS Act only acknowledge physical type injuries and those caused by chemical, some biological and physical stressors and not workplace stress as a result of psychosocial stresses in the workplace (added now). Thanks Shane Lastly, could you advise who i could contact rgarding these issues at COID.
Shaun, You may find this interesting, key words to look out for, civil case, abuse, stress, depression. East London - Police Minister Nathi Mthethwa faces lawsuits amounting to millions of rands in separate civil cases in the Mthatha High Court brought by widows of police officers, the Daily Dispatch reported on Thursday. The claims vary from personal injuries to loss of income as a result of their policemen husbands shooting them before taking their own lives. The claims brought by the women amount to R16m for incidents that occurred between 2003 and 2006. One of the women, Sanela Dlanjwa, 29, is suing the minister for R5.8m in damages and loss of income after her husband shot her before turning the gun on himself on April 19, 2006. The husband, Thandikhaya Dlanjwa, had been stationed at Ngangelizwe police station in Mthatha. In another case, Ntombenkosi Hlomza wants Mthethwa to pay her R5.8m for personal injuries, loss of support and funeral expenses. According to court documents, the 36-year-old mother of four was allegedly shot by her husband, Bongani Hlomza, who then allegedly turned the gun on himself, at the Mthatha police camp on February 13, 2005. Successful claim The two cases come after a third widow, Dideka Madyibi, who was shot by her policeman husband, won a R4.5m lawsuit. She claimed she had suffered abuse at his hands, and that numerous appeals to his commanders to have his service pistol taken away were ignored. The State appealed the award and she died on July 20, 2009, before receiving any payout. Her lawyer, Vuyani Msindo, on Wednesday said the State had lost its appeal and he was waiting for a decision on the amount to be paid by the minister. Psychologist Geoff Swana said he believed all the cases were the result of stress that developed into severe depression. "Once a person suffers from depression, they can become suicidal." Eastern Cape police spokesperson Brigadier Miranda Mills said police conducted regular internal awareness campaigns to sensitise members against domestic violence. They tested policemen before they received their firearms, the Dispatch reported. They could also later be declared unfit to carry one. Sorce: <http://m.news24.com/news24/SouthAfrica/News/Police-widows-sue-minister-20101202> Is this the way to go in terms of claiming compensation for workplace stresses? I did manage to get an answer from a FEM official and waiting for their permission to publish it on the forum.
Hi Shaun, As promised, below is the answer of Thelma Pugh, Managing Director of FEM on the questions you have posted: I quote: "Good day, Please note that COIDA does not compensate for workplace stress. Unlike all the other injuries and diseases it is my understanding that is it is impossible to ascertain medically where the stress has emanated from due to numerous factors that contribute to the condition. Also some individuals are genetically more prone to stress than others. FEM follows the ACT and I am not aware of any considerations to include workplace stress as a compensable disease by the Fund for reasons outlined above. Hope this answers your questions. Regards, Thelma"
Hi, Thanks this is very helpful, appreciate the time you have taken to look at the problem. Much appreciated Shane
Hi, Reply to Thelma. Thank you for clearing this up. Whether or not COID does not recognize it or not at this stage, should there not be research into workplace stress. Stating the obvious from police stress that has been well researched in SA , and in cases where it has lead to deaths, the reality is that workplace stress exists, are we choosing to ignore the problem that is well researched in the US, EU and other countries, even developing countries in latin america, or the suicides that workers within the last year in asia (i think it was with SAMSUNG), who due to workplace stress committed suicide. The genetic argument does not hold water, as this would mean that one would be discriminating against this segment of the population - which is not permitted in terms of the Labour Relations Act, restricting employment etc. Further, one cannot assume in this case that no workplaces have work-related stress, ( as the COID Act thus presumes in its application) examples of risks that would or could cause workplace stress includes the lack of resources, job insecurity, work-life balance, long work hours, factors that are present in the SA workforce. Regards Shane
