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The importance of risk assessment of psychological stress: A legal obligation for companies

Tim Kleber
Nov 2025

Psychological stress in the workplace is often underestimated, but its effects can be enormous. That is why the legislator has the Risk assessment of psychological stress introduced as a legal obligation for companies. This assessment is of great importance to protect the mental health of employees and to promote productivity and well-being in the workplace in the long term.

Through risk assessment, potential risk factors can be identified and measures can be derived to improve working conditions. The aim is to prevent stress, burnout and other mental illnesses and to create a positive work environment.

It is therefore necessary for companies to take the risk assessment of psychological stress seriously and to carry it out regularly. By actively supporting their employees and providing them with the tools to manage stress and overload, companies can not only meet their legal obligations, but also build a healthy corporate culture that is characterized by engagement and productivity.

What is a psychological risk assessment?

A risk assessment of psychological stress is a process in which the potential risk factors for psychological stress in the workplace are identified and assessed. Various aspects such as workload, work environment, interpersonal relationships and organizational factors are taken into account. The aim of the risk assessment is to protect the health and well-being of employees and to derive appropriate measures to improve working conditions.

In order to be able to carry out a comprehensive risk assessment of psychological stress, it is important to recognize the different types of stressors. These include, for example, high work pressure, unclear task definition, lack of support from supervisors, conflicts at work and inadequate communication. By identifying these risk factors, targeted measures can be taken to improve working conditions and reduce the risk of psychological stress.

The risk assessment of psychological stress is therefore an important step towards protecting the health of employees and creating a positive working environment that is characterized by well-being and productivity.

The legal basis for mental risk assessment

The risk assessment of psychological stress at work is not only a recommended measure, but also a legal obligation for companies - based on EU regulation 89/391 EEC. The exact legal requirements may vary by country and jurisdiction, but the general purpose is to ensure the health and safety of workers.

All countries have specific laws and regulations that oblige companies to take mental health measures. In 14 EU countries, a preventive risk assessment of psychological stress is required. In the remaining countries, this is required if there is a mental illness in the organization.

These laws state that employers are required to review working conditions and take steps to prevent or minimize psychological stress. Companies that do not comply with this obligation risk legal consequences such as fines or claims for damages.

The legal basis for risk assessment of psychological stress is generally the employer's duty of care — and therefore an important aspect that prompts companies to take this task seriously and take appropriate measures to improve working conditions.

Why is psychological risk assessment important for companies?

Psychological risk assessment is of great importance for companies for various reasons. First, it helps protect the health and well-being of employees. Psychological stress at work can lead to serious health problems such as burnout, anxiety, and depression. By identifying psychological stress in the workplace and taking appropriate measures to manage stress, companies can help minimize these negative effects.

Second, psychological risk assessment can contribute to increasing productivity. Employees who suffer from psychological stress are often less motivated, have lower performance and are more susceptible to mistakes. By creating a positive work environment with reduced stress, companies can improve employee performance and efficiency.

In addition, psychological risk assessment can help improve the company's image. Companies that care about the health and well-being of their employees are perceived as attractive employers and can attract talented professionals. This can have a positive effect on the success and growth of the company in the long term.

Overall, psychological risk assessment is an important obligation for companies to protect employee health, increase productivity and improve the company's image. Discover now how mentalport automates this complex process for companies and thus makes it a pleasure!

About the drafters

Tim Kleber

Tim Kleber is CEO and co-founder of mentalport. As a mechanical engineer, business psychologist and data scientist, he combines technical precision with psychological expertise. His specialization: psychological risk assessment (GBU Psyche) in accordance with §5 ArbSchG and ISO 45003-compliant implementation in companies. After his own auditor experience in occupational safety, he and the mentalports team developed anonymous infrastructure for mental wellbeing management - today used by over 50 companies to reduce psychologically related downtime and active wellbeing management.

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