Analysis of the Guidelines for Labour Inspection on Psychosocial Risks
Understand the new ACT guidelines for the assessment, prevention and protection against psychosocial risks at work in Portugal, including harassment and technostress.
· 7 minutos · Legislação Laboral
The rapid evolution of the labour market, organisations and working conditions in recent years has intensified the debate on psychosocial risks. In response to this reality, and given the need for updating in the face of growing complexities, new guidelines have emerged for the intervention of the Autoridade para as Condições do Trabalho (ACT) regarding the assessment and management of these risks.
This article aims to analyse the most relevant aspects of these guidelines, which seek to clarify and establish procedures for a more effective management of psychosocial risks in Portuguese companies.
Framework of Psychosocial Risks
The new guidelines reinforce, above all, the obligation of employers to properly consider the assessment and protection of workers against psychosocial risks. No new definitions for psychosocial factors are introduced, nor is the list of universally recognised factors for their assessment altered. The focus remains on the non-transferable responsibility of the company to guarantee occupational health and safety, as established in the Portuguese Labour Code.
Harassment and Violence at Work
Although the previous guidelines on harassment and violence at work remain valid, two significant updates are introduced:
- The concept of harassment does not require proof of intent to cause harm. It is sufficient to prove a causal link between the behaviour and the harmful outcome for the worker. This clarification reorients the investigation methods used on the ground.
- The relevance of the International Labour Organization (ILO) Convention 190 on the Elimination of Violence and Harassment in the World of Work. Although the direct impact on Portuguese legislation still awaits proper adaptation and integration, its existence underlines the growing importance of this topic.
Contributions to the Assessment of Psychosocial Risks
The assessment of psychosocial risks can be integrated into the general risk assessment or carried out separately. However, the new guidelines introduce an important nuance:
- The identification of risk factors cannot be done "with the naked eye" or intuitively. The use of a specific method or procedure is indispensable to give credibility to the identification and assessment. Assessing technicians may, therefore, be requested to prove which method (surveys, checklists, interviews, etc.) was used.
- The need to consider multiple sources of information is reiterated, valuing data triangulation over unidirectional techniques (such as the exclusive use of a questionnaire). Objective data (direct observation, company documentation) and data reflecting the workers' perception (surveys, interviews, focus groups) must be used, in addition to information provided by workers' representatives.
Anonymity and Confidentiality
There is an important clarification regarding the concepts of anonymity and confidentiality:
- Confidentiality is inherent to the technician's profession and extends to prevention delegates, workers' representatives and company interlocutors in representative bodies (Health and Safety Committee or other forms of workplace representation).
- As for anonymity, the guidelines indicate that "the questionnaires or scales introduced in the assessment may or may not be anonymous, provided that data confidentiality is guaranteed". This flexibility makes it easier to assess single-person workstations or those with low occupancy, and to conduct individual interviews or focus groups, while always safeguarding worker participation.
It is the assessing technician who must decide on the procedure to follow, preventing undue interference in the assessment process, especially in large organisations or those with a complex structure.
Methods for the Assessment of Psychosocial Risks
The new guidelines remove the list of specific methods, maintaining that the techniques used must foster trust and provide a recognised degree of validity and reliability. They must, therefore, be validated by national or international bodies, or entities of recognised prestige.
It is important to note:
- Techniques with other purposes (organisational climate, satisfaction) cannot be used for psychosocial risk assessment, only as complementary information.
- It is forbidden to modify or adapt the design and content of validated methods. However, the inclusion of introductory information to clarify their content or the complementary use of other methods and observations is permitted.
- If the technician considers it necessary to use qualitative techniques to deepen results (or in small companies), they must possess specific qualifications and training that allow them to follow a consistent assessment strategy and technically justify the results.
Additionally, the need to use complementary assessment tools in specific scenarios is highlighted, such as:
- Exposure to physical violence or violence from third parties.
- Work carried out in isolation.
- Night and shift work.
- In teleworking or activities requiring permanent connectivity (technostress).
Units of Analysis
The need to consider gender as a unit of analysis is now expressly mentioned, in line with legislation on equality. Other variables to take into account include age, tenure, type of contract, working hours, cultural background and teleworkers.
It is crucial to balance the number of units of analysis so as not to discourage participation or complicate the worker's self-identification.
Preventive Measures
There are no significant changes in this regard. The need to integrate preventive measures for psychosocial risk into the company's Prevention Plan remains, as well as the monitoring to verify their implementation and effectiveness.
However, it is highlighted that, if the assessment identifies this need, preventive measures must include the promotion of good practices and policies against harassment, especially when the preparation of an Equality Plan is mandatory, in accordance with the applicable legal provisions in Portugal.
Protection of Workers against Exposure to Psychosocial Risks
The guidelines require the validation of the type of risk situation, to determine whether the identified factors can generate:
- Work-related stress situations.
- Situations of violence and harassment at work.
- Work-related stress situations linked to working time management and digital disconnection (the concept of technostress).
- Stress situations not related to work.
This means that the assessment report must be able to identify the risks associated with the different factors. Although this approach refines the way results are presented, it does not alter the depth of the assessments carried out by specialised technicians.
These new guidelines were a felt need given the evolution of psychosocial aspects in the current working context. They aim to organise and clarify elements of psychosocial risk management that frequently generated debate or created obstacles in the identification and assessment processes, contributing to safer and healthier working environments in Portugal.