In 2023, 10 October is World Mental Health Day, with this year's theme being "Mental health is a universal human right." According to the United Nations, this globally recognised event presents "an opportunity for all stakeholders working on mental health issues to talk about their work and what more needs to be done to make mental health care a reality for people worldwide."

Sapien Labs' Annual Mental State of the World Report 2022, published in March 2023, rates South Africa as one of the lowest-ranking countries in terms of mental health. Health economists have estimated that neglected mental health conditions (including depression and anxiety) cost the South African economy ZAR161 billion per annum, due to lost work days.

What does this mean for employers?

Aside from the potential moral obligation to ensure that they have a happy workforce, employers have a legal obligation to ensure that they provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of its employees. This provision is encapsulated in section 8(1) of the Occupational Health and Safety Act 85 of 1993 ("OHSA"), which, among other things, provides for the health and safety of persons at work.

In this regard, section 8(2) of OHSA further provides more specific responsibilities for employers, which include but are not limited to:

  • Taking reasonable steps to ensure employee safety and health by eliminating or reducing hazards;
  • Establishing what precautionary measures should be taken with respect to such work;
  • Providing information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of employees; and
  • Enforcing such measures as may be necessary in the interest of health and safety.

Previously, OHSA's failure to expressly recognise mental health created confusion regarding whether mental health was included in the application of its provisions. However, the introduction of the SANS/ISO 45001 Standard for Occupational Health and Safety Management, which was introduced in August 2018, expressly confirms that an employer's responsibility in relation to workplace safety includes the protection and promotion of employees' physical and mental health, thus putting aside any debate on the relevance of OHSA to mental health in the workplace.

Neither OHSA nor SANS/ISO 45001 give direction or guidance as to how employers best achieve the obligations under section 8 of OHSA in relation to mental health, which may mean that employers are unsure of how to tackle the difficulties associated with identifying and managing mental health issues in the workplace.

What can employers do?

A Deloitte survey, published in September 2022, provides clear insight into some of the key aspects which, in their opinion, facilitate and increase the effectiveness of the measures introduced to promote and maintain good mental health in the workplace. These include:

  • High leadership involvement where employees acknowledged the importance of:
    • approachable and supportive senior management;
    • management openly sharing their personal experiences with mental health; and
    • mandated employee well-being check-ins;
  • A supportive work culture where employees acknowledged the importance of:
    • a supportive and friendly work environment;
    • awareness sessions;
    • peer support initiatives; and
    • employee engagement initiatives; and
  • Working arrangement changes where employees acknowledged the importance of:
    • flexible working arrangements;
    • supportive leave policies; and
    • work-life balance

Employers, when being more mindful of managing the mental health barometer in the workplace, would be well-advised to take heed of these aspects, some of which they may already be implementing for different reasons.

Important insights for employers:

  • Leadership sets the tone: Employers should recognise that leadership engagement and involvement is central to promoting and maintaining a safe and healthy working environment. Mental health should be added to the agenda of management meetings, townhalls and employee engagement sessions and to the KPIs of management and team leaders, with a view to keeping managers involved and accountable for workforce wellbeing;
  • Culture matters: Employers should foster a culture that is supportive, inclusive and empathetic of the challenges that employees face. Removing the stigma associated with mental health issues is critical to creating such an environment. Regular awareness campaigns are key to achieving this goal, and "buddy systems" can assist in the day-to-day management of mental health, particularly in larger corporations; and
  • Flexibility is favoured: Employers should acknowledge the importance of a work-life balance for mental health. Remote, hybrid and flexible working arrangements should not only be viewed as a product of the pandemic, but employers should instead recognise that workplace wellness can be boosted through a well-considered flexible working model.

In conclusion, mental health is an issue that can directly impact the employer's bottom line. Employers, therefore, have a vested interest in proactively managing mental wellbeing in the workplace – from a moral, legal and financial perspective. World Mental Health Day serves as a reminder to employers of their obligations and acts as a prompt to prioritise this issue on their agendas.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.