The "Workplace Psychological Safety Act" is a proposed bill that establishes a legal framework to ensure psychological safety in the workplace, recognizing mental health as a crucial aspect of employee well-being. The act defines key terms such as "bullying," "mobbing," "psychological abuse," "psychological injury," and "toxic work environment." It asserts that every employee has the right to a dignified and psychologically safe work environment, free from all forms of psychological abuse.
Employers are mandated to implement policies to prevent psychological abuse, including training for management on handling complaints and informing employees of their rights. The bill prohibits any form of psychological abuse that creates a toxic work environment and outlines the legal recourse available to affected employees, holding employers liable for damages if they engage in or allow such abuse.
The legislation includes protections for employees who report psychological abuse, prohibiting retaliation against them. Employers may establish an affirmative defense against liability if they can demonstrate that they took all necessary preventive measures to address psychological abuse.
The act provides various remedies for victims of psychological abuse, including mandatory training for violators, reinstatement, economic damages for lost wages, compensatory damages for pain and suffering, punitive damages, and injunctive relief. It establishes a three-year statute of limitations for filing claims related to psychological abuse, which can be extended if a complaint is filed with OSHA or the department of labor and training.
Additionally, the act contains a severability clause, ensuring that if any part is found unconstitutional, the remainder of the act remains intact. It clarifies that the act does not limit existing employee rights under other laws or collective bargaining efforts. The act is set to take effect upon passage.