A positive psychosocial environment improves both employee performance and overall well-being.

Conversely, unmanaged risks such as stress, poor communication or harassment can significantly harm mental health at work.

Mental health as a legal obligation in the EU

The EU recognizes mental health as a legal requirement under the European Framework Directive 89/391/EEC.

Employers are required to identify, assess and manage all workplace hazards, including psychosocial risks.

This responsibility includes:

• Carry out workplace risk assessments
• Identify potential stressors (e.g., work-related stress, harassment or violence)
• Apply preventive measures to protect vulnerable groups, such as new and pregnant women

As specific legislation on psychosocial risks continues to evolve at European level, the directive highlights the employer’s duty to protect the health and safety of its employees in all work-related aspects.

Employer obligations regarding psychosocial risk assessment

Employers should carry out regular risk assessments to detect and address psychosocial risks.

This includes special considerations for new or expectant mothers, defined as employees who are pregnant, have given birth within six months, or are breastfeeding.

Upon written notification, employers are legally required to carry out individual assessments and implement protective measures, such as changing working conditions or offering suitable alternative roles.

Risk assessments should not be a one-off exercise.

They should be reviewed periodically and updated when workplace circumstances change to maintain compliance.

Employers also have a responsibility to ensure that those carrying out assessments are properly trained, competent and supported with sufficient time and resources.

Examples of common psychosocial risks

Psychosocial risks vary by sector, but generally include:

• Excessive workload and job insecurity
• Harassment, intimidation or abuse (both physical and verbal)
• Poor communication and lack of recognition
• Monotony, lack of autonomy or underutilized skills

The EU strategic framework for health and safety at work places emphasis on adapting working conditions to reduce these risks, ensuring that employees’ mental health is treated with the same importance as physical safety.

Best practices for supporting mental health at work

To create a safe and supportive workplace, organizations must use a comprehensive mental health strategy that includes prevention, intervention and ongoing support:

• Develop a mental health strategy: integrate mental health into HR and well-being policies with the contribution of employees and professionals
• Train managers: provide line managers with training to help them recognize mental health issues, promote open communication and effectively support employees
• Primary prevention: promote good mental health through stress management programs, equitable job design and healthy workloads
• Secondary intervention: offer early support, such as training or resilience workshops, to employees who show signs of distress
• Tertiary support: facilitate return-to-work programs for employees recovering from mental health-related absences with flexible arrangements
• Mental health first aiders: train designated staff to provide initial support and direct colleagues to professional resources
• Promote awareness and reduce stigma: communicate regularly about available mental health resources and encourage employees to seek help
• Reasonable adjustments: proactively adapt working conditions, such as flexible hours or adapted workloads, to support employees in distress

By implementing these measures, employers can create a supportive environment that not only addresses mental health issues but also promotes overall employee well-being.

Example: Step-by-step psychosocial risk assessment guide

Moving beyond compliance to real care

My colleague, Dan J GraceDirector of IRIS HR Consulting Services, shared his thoughts, saying: “Having reviewed Claudia’s analysis of psychosocial risk management in EU workplaces, I am struck by a fundamental paradox: while mental health has rightly become a legal requirement, there is still a troubling gap between regulatory compliance and genuine well-being at work.

“The European Framework Directive 89/391/EEC has undoubtedly placed mental health among the priorities of companies, and this is progress.

“However, what Claudia and I are observing in practice is concerning.

“Too many organizations carry out risk assessments that end up gathering dust, ticking boxes without speaking to the people behind the data. “They study stress levels, document harassment risks and file reports, but employees continue to struggle in silence, fearing stigma more than seeking support.

“The real challenge is not defining psychosocial risks: we already know that excessive workloads, harassment, poor communication and monotonous work are major dangers.

“The challenge is that many employers still view mental health as a compliance exercise rather than a human responsibility.

“What gives me hope are successful organizations.

“These employers are integrating mental health into leadership culture, creating safe spaces for open dialogue, and most importantly, putting what they learn into practice.

“They recognize that a psychologically safe workplace is not only a legal requirement; it’s both commercially smart and morally essential.

“My takeaway is this: legislation provides the framework, but only real commitment produces results. »

Closing the gap

The main obstacle lies in misunderstanding: mental well-being requires a holistic approach to risk management, not just awareness.

To make real progress, employers must turn assessment findings into concrete action plans that address employee needs, such as providing mental health days, access to counseling or peer support networks.

At IRIS, our Global HR Services helping organizations close this gap by turning compliance into meaningful actions.

From designing bespoke psychosocial risk assessments to implementing employee wellbeing programs across borders, we provide the expertise and support to create workplaces where people feel truly heard, valued and supported.

Find out how our Global HR Services can help you move beyond compliance to build a healthier, more resilient workforce.

About the author: Claudia Morel-Zifonte, Senior International HR Consultant at IRIS

Passionate about delivering people results, Claudia is a seasoned leader with extensive experience in the European market.

She holds a CIPD Level 7 Diploma and Chartered MCIPD status, bringing additional expertise and operational excellence to IRIS’ international consultancy service.

Having lived in several countries and speaking three languages ​​fluently, Claudia thrives in multicultural environments and enjoys building meaningful connections between diverse teams.