The "Workplace Psychological Safety Act" is a proposed legislation that aims to establish a public policy against psychological abuse in the workplace, which can negatively impact an employee's well-being, performance, and dignity. The bill would create a new chapter in Title 28 of the General Laws, emphasizing the responsibility of employers to maintain not only a physically safe work environment but also one that is psychologically safe. It defines terms such as "bullying," "mobbing," "psychological abuse," and "toxic work environment," and makes it unlawful for employers or employees to engage in or retaliate against those who oppose psychological abuse. The act also specifies actions that do not fall under the definition of psychological abuse, including disciplinary acts with just cause and the enforcement of human resources regulations.
Under this act, employers are required to take reasonable steps to prevent and address psychological abuse by adopting and implementing relevant policies, training managers, posting employee rights, and establishing investigation procedures for complaints within 180 days. Employers must also conduct annual workplace climate surveys and report workplace statistics to OSHA or the department of labor and training. Employees who suffer from a toxic work environment due to psychological abuse can seek legal relief, including economic, compensatory, and punitive damages, with a minimum recovery of $5,000 per violation, unless the employer can demonstrate an affirmative defense. The bill also protects employees from retaliation for reporting psychological abuse and provides a range of remedies for complainants. The statute of limitations for filing a cause of action is three years, and the act includes a severability clause to ensure its provisions remain effective even if parts are invalidated. The act would be effective immediately upon passage.