Mental Health Workplace Policy Sample Per DO 208, Series of 2020Atty Elvin
The DOLE requires the submission of the company policy on mental health. Below is the sample policy which is partially shown here.
STATEMENT OF LEGAL COMPLIANCE
In accordance with the provisions of Republic Act No. 11036 (Mental Health Act), Department Order No. 208, Series of 2020 (Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector), and Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof), and in accordance with Republic Act No. 7277 (The Magna Carta for Persons with Disability) and its IRR, Republic Act No. 10524 (An Act Expanding the Positions Reserved for Persons with Disability, amending RA 7277 “Magna Carta for Persons with Disability” and its IRR), Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties Thereof and its IRR), United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), Republic Act No. 11313 (An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces and Educational or Training Institutions Providing Protective Measures and Prescribing Penalties Thereof) the company hereby adopts the following policy on full promotion of mental health and the identification and management of mental health problems.
DECLARATION OF CORPORATE POLICY
XYZ CORPORATION (Company) is, in addition to legal compliance, committed to the following:
- Raise awareness, prevent stigma and discrimination, provide support to workers who are at risk and/or with mental health condition and facilitate access to medical health services.
- Promote workers’ well-being towards healthy and productive lives.
- Jointly prepare with workers’ representatives occupational safety and health (OSH) policies and programs.
To this end, the company, through a collaborative efforts with its employees, adopts the policy for mental health promotion, identification, and management.
ADVOCACY, INFORMATION, EDUCATION AND TRAINING
The company shall provide to all workers basic information and education on mental health. Standard basic information and education includes, but is not limited to, the following:
- Understanding mental health and its impact in the workplace and the workforce;
- Identification and management of mental health problems in the workplace;
- Salient features of RA 11036 and its IRR with emphasis on the basic human rights of persons with mental health condition and consent to treatment; and
- Confidentiality of all information or medical records of a worker with mental health condition.
The company shall promote and enhance workers’ well-being to have health and productive lives through the following approaches, among others:
- Increasing workers’ awareness on mental health and other common conditions like depression, anxiety and substance abuse including alcohol (ex. Distributing leaflets, workshops, posters);
- Promotion of healthy lifestyle and work-life balance;
- Identification and management of work-related stress and stressors, including interpersonal issues with superiors, subordinates, co-employees, clients and customers;
Non-discriminatory policies and practices
There shall be no discrimination in any form against workers who are at risk of developing or who are found to have mental health condition. Workers shall not be discriminated against from hiring, promotion, and/or other benefits of employment because of their condition provided, however, that such conditions shall not interfere with the employee’s performance of their job or unduly affect his own safety or that of his co-workers, clients and the general public.
The fitness to work of workers found to have mental health condition shall be determined by the OH physician, after appropriate medical evaluation, taking into account the clearance provided by a mental health professional.
The company shall clearly communicate its confidentiality policy to all workers for their understanding.
Workers are encouraged to disclose their medical or mental health condition for purposes of reasonable accommodation.
The company and co-workers of a worker with a mental health condition are not obliged, under the law, to reveal to a third party any information about the worker with mental health condition except in any of the following conditions: