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 critical component of employee well-being. The bill 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, which includes adopting internal policies, training management, and informing employees of their rights. The legislation 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 bill provides various remedies for employees who prove violations, including mandatory training for violators, reinstatement, economic damages for lost wages, compensation for treatment related to psychological or physical injuries, punitive damages, injunctive relief, public notification of case outcomes, and attorneys' fees for prevailing plaintiffs.
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. The act includes a severability clause, ensuring that if any part is found unconstitutional, the remaining provisions remain valid. Additionally, it clarifies that the act does not limit existing employee rights under other laws or through collective bargaining. The bill is set to take effect upon passage.