Mental health meets the law

How employers and safety leaders can navigate the new workplace landscape

Mental health meets the law

Workplace mental health is no longer a side note in Canadian organizations—it’s a legal and operational priority. As employees face unprecedented challenges post-pandemic, employers are adapting to meet their needs. A recent panel at the OHS Law Masterclass brought together experts from law, corporate strategy, and public service to discuss the evolving demands of psychological health and safety in the workplace. The conversation illuminated the complex interplay of legal obligations, proactive leadership, and cultural shifts driving this critical agenda.

State of mental health in Canadian workplaces

“Mental health in Canada is three times worse than it was pre-pandemic,” announces Lanie Schachter-Snipper, head of mental health and wellbeing at the Toronto Police Service. She references a recent report by the Canadian Mental Health Association, emphasizing the pressures on today’s workforce. “Canadians are looking beyond provincial offerings to their employers for affordable and effective mental health support.”

Dr. Georgia Pomaki, director of mental health best practices at Manulife, echoes this sentiment. “Loneliness is a significant factor,” she explains, citing findings from Manulife’s 2023 Wellness Report, which revealed that over half of remote employees report feelings of isolation. This underscores a need for tailored approaches to support mental health in hybrid and remote environments.

Legal obligations: Employers in the hot seat

Tala Khoury, partner at Fasken Martineau DuMoulin LLP, underscores the legal stakes. “Psychological health and safety is a shared responsibility, but employers must lead with compliance,” she asserts. The law is clear: provincial and federal regulations now mandate disconnect-from-work policies, expanded sick leave provisions, and proactive risk assessments.

Khoury also warns of rising individual liability for managers in cases of wrongful dismissal or workplace harassment. “Claims like intentional infliction of mental suffering are becoming more common, putting a spotlight on how psychological safety is managed,” she explains.

Proactive strategies for employers

Schachter-Snipper advises a systematic approach to identifying psychosocial risks. “Start with a working group of diverse stakeholders,” she recommends, drawing from her work with the Toronto Police. “This ensures a thorough risk profile and fosters trust across departments.”

Pomaki advocates for integrating psychological health into overall safety frameworks. “The CSA Standard Z1003 provides a roadmap for continuous improvement,” she says. By using its Plan-Do-Check-Act methodology, organizations can embed mental health into everyday operations. “This isn’t a one-and-done. It’s about evolving practices to meet employee needs.”

Leadership: The catalyst for change

“Leadership is pivotal,” Pomaki stresses. “Our 2023 Wellness Report showed that employees are likelier to thrive when their leaders model healthy behaviors.” Training programs that equip managers to have open, supportive conversations are critical. “It’s about listening, recognizing when someone is struggling, and knowing how to respond.”

Schachter-Snipper builds on this, advocating for leadership engagement from recruitment onward. “Ask potential leaders how they would support employee well-being,” she suggests. “This signals that mental health is a strategic priority.”

As Canadian workplaces evolve, the consensus is clear: psychological health and safety isn’t just a legal box to tick—it’s a cornerstone of organizational resilience. From legal compliance to leadership training, proactive strategies ensure not just compliance but a healthier, more engaged workforce.