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Bulletin of Science, Technology & Society
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The Duty to Prevent Emotional Harm at Work: Arguments from Science and Law, Implications for Policy and Practice

Martin Shain

Centre for Addiction and Mental Health

Although science and law employ different methods to gather and weigh evidence, their conclusions are remarkably convergent with regard to the effect that workplace stress has on the health of employees. Science, using the language of probability, affirms that certain stressors predict adverse health outcomes such as disabling anxiety and depression, cardiovascular disease, certain types of injury, and a variety of immune system disorders. Law, using the language of reasonable foreseeability, affirms that these adverse outcomes are predictable under certain conditions, typically defined in relation to what a reasonable person should know. Society is arguably in a position to establish standards for the abatement of certain types of workplace stress. As part of this process, we need to conceptualize an ideal form of conduct that exemplifies the standards to which both law and science urge us to aspire. For this purpose, the concept of the neighbor at work is proposed.

Key Words: workplace stress abatement • duty of care • policy • standards • neighbor principle

Bulletin of Science, Technology & Society, Vol. 24, No. 4, 305-315 (2004)
DOI: 10.1177/0270467604266957


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