Article
Occupational Health Compliance – Not Just a Heavy Industry Issue Anymore
Updated
“I can’t believe what we need to do to meet the local regulations - we are a retail and office-based company - we don’t do construction, oil and gas or mining!”
This is a common refrain amongst organizations expanding internationally as they try to understand the local lay of the land. Coming out of the COVID pandemic, with climate threats high on the agenda, governments are placing more responsibilities on the shoulders of Human Resources and Health, Safety and Environment (HSE) departments, regardless of the risk of the work they do.
“Government mandated regulations can be complex and the resources required to meet them can be extensive”, states Dr. Myles Druckman, SVP and Global Medical Director for International SOS, “from coordinating annual health exams to on-site clinics to specific work-related reporting requirements, the tasks vary widely by country.”
What are some common compliance requirements?
In France, all employees must receive periodic health exams, provided only by specific occupational health providers managed by the state. In Peru, all employees are required to have an annual examination, which includes unique tests. In Mexico, offices with more than a certain number of employees are required to have an on-site clinic.
In Japan, annual health check-ups for employees are required in all workplaces. In India, employers are required to conduct workplace risk assessments to identify hazards, evaluate risks, and implement preventive measures. These assessments must be documented, updated periodically, and shared with relevant stakeholders.
Common Occupational Health requirements include the need to document annual medical exams for all employees, access to medical experts and/or an on-site clinic typically if the size of the workforce meets a certain threshold, and reporting requirements for work-related injuries or illnesses, as well as other reportable public health threats. For each of these requirements there may be documentation, training, testing and supplies/equipment requirements. There may also be fines and other legal implications for non-compliance.
Requirements vs Recommendations
Most “white collar” companies will need to comply with numerous occupational health requirements which are driven by the local government wherein they operate. These regulations also include “recommendations” many of which should be considered as “requirements” – meaning they should be considered as mandatory, and if not instituted could lead to non-compliance. It is important to understand the native culture and regulatory expectations when addressing the recommendations that are being presented in the local regulations.
Occupational Health and Emergency Action Plans
When assessing the local Occupational Health regulations it is also important to assess the local Emergency Action Plan (EAP) requirements as there are common and often overlapping tasks. EAP typically covers building-related threats like evacuation plans, fire safety, wildfire preparedness, environmental threats and pandemics. Each threat typically will require a plan, training and associated supplies and equipment. In addition, EAP requirements in certain countries (i.e. USA) vary not only by state/province, but by county and municipality. As an example, EAP wildfire requirements in Los Angeles County differ from other California counties.
Beyond Compliance – Doing the Right Thing
While complying with local requirements is business-critical to maintain operations, there are also many jurisdictions where the mandated requirements are so minimal that they may not meet your organization’s duty of care responsibilities. In such cases, organizations look to their peers for industry standards and best practices.
Protecting and supporting the health of your workforce is not only the right thing to do, but it will enhance productivity and improve employee retention. Organizations with in-country experience typically have learned the importance of enhancing local requirements to best support the health of their staff. Examples include offering on-site or near-site clinics, corporate vaccination programs, health surveillance programs (i.e. hearing, vibration, ergonomics), heat safety programs, wellbeing programs, biometric screenings for preventive health, and health incident plans based on the local risks (i.e. Malaria, Dengue fever, foodborne illness, Ebola, etc.).
Sick Leave – an HR challenge
“In some locations, medical leave has become the new pandemic. It is affecting business operations and is out of control”, states Michelle Luong, Engagement Director at International SOS, “HR managers are not health experts and the last thing they want to see is the confidential health information of their employees. They need support.”
Sick leave in OECD countries
Weeks of absence per year per person
Germany illustrates the scale of the shift: workers there now take more than 20 sick days a year on average, and mental-health-related absences have climbed 47% since 2014, with healthcare, education and social services the hardest hit. Researchers point to understaffing, low pay and emotional strain as the underlying drivers — not just individual health events, but structural workplace conditions (Reuters).
Number of sick days per worker
Average annual sick days among members of the AOK health insurance system, 2014–2024
Sample: members of the AOK health insurance system
Source: AOK | Francesco Canepa
While managing health threats often sits within HSE and Security, we are seeing HR and benefits struggling with high levels of personal medical leave. While not work-related or a compliance issue in most jurisdictions, long medical leave can be detrimental not only to the organization, but to the employee’s overall personal and mental health.
To address the medical leave issue, organizations are recruiting local medical experts to review clinical cases to help their employees return to work as quickly and safely as possible. In some cases, this may include assisting the local management team in accommodations – adjusting the work environment and effort so that the employee can perform their work duties safely.
Occupational Health Expertise is a Scarce Resource
Once the occupational health regulations are identified, expert resources are required to meet the need. This could include designing the plan or program, providing occupational health and clinical recommendations, reporting cases to the authorities, and training and procuring supplies and equipment. In many jurisdictions Occupational health expertise is limited or even non-existent. As an example, in the United States less than 100 Occupational Health specialists graduate every year. Even when an Occupational Health expert is identified, they may be too busy to offer practical support. The lack of access to expertise often forces organizations to recruit and train their own personnel, which is expensive, time consuming, and carries its own liabilities.
Best Practices and The Future of Occupational Health
Best practice programs are expanding. Global executive health exam programs are a growing corporate health trend. Data-driven wellbeing programs targeted to unique employee groups have also shown advancements in many countries where these programs have never existed. Stress Management programs are making a dent in the on-going epidemic of employee burnout and mental health challenges.
The use of wearable technologies are coming on-line along with the AI boom. These technologies are allowing organizations to better identify at-risk situations and mitigate risks. Some examples are heat monitoring wearables that are linked to safety protocols like hydration breaks and work intervals. Fatigue management is another area where personal wearables can and do play an important role, particularly in safety sensitive positions and in occupations where high performance is required.
The future of occupational health will include technology and tools allowing each employee to be situationally aware of not only their personal health status, but the impact of the local environment and their work effort on their health.
The Occupational Health Journey
Whether your organization is new or established, large or small, local or global, Occupational Health compliance is just the beginning of the journey. The type of work you do and how you do it, is changing and with it come new risks and challenges, which will require creative solutions and adaptation. To best protect your people and your operations, occupational health expertise will be critical to an organization’s success and future growth.
How prepared is your organization?
Occupational health requirements can vary significantly by country, workforce and operating environment. Take our quick Workforce Health Risk Check to identify potential gaps, understand your level of preparedness and consider where additional support may be needed.
For HR leaders: Take the HR Workforce Health Risk Check
For HSE & Safety leaders: Take the HSE Safety Manager Workforce Health Risk Check