MENTAL HEALTH ISSUES AT THE WORKPLACE:POLICIES AND LEGISLATIONS

MENTAL!  MENTAL!  MENTAL ! 

 I thought you should help me shout to your highest voice….! 

Have you ever asked yourself what it is that is behind diverse increase of mental issues especially at work places? Have you ever blamed mental health policy makers at a point and accused them for having hand in it? Has something rang to your mind to even review the mental health policies and legislation in Kenya and check what is done right and what needs to be done to solve these issues once and for all? WAKE UP! 

Introduction

Mental health has become very critical issue to address as it has not only affected the individuals at their personal spaces but has largely broadened its scope by now affecting these individuals at their workplaces. This in a big way, has led to the need of reviewal of the mental health policies and legislations put in place in Kenya, so as to find a permanent solution to the issue, and assurance of a better mental health to all, especially to the adult categories who are majorly affected by mental health issues at workplace, which has currently led to low labor production, poor quality performance at work places,  low capital formation and low economic growth to the country as a whole.

Legal framework on mental health in Kenya

In as much as mental health has not been directly mentioned in the Kenyan constitution but the fact that article 43 of the constitution has mentioned the provision of the right to the highest attainable standard of health for everyone, there is mental health inclusion.

The Mental Health Act of Kenya has been termed as one of the most progressive acts of its kind in Africa and the world: an amendment of the outdated Mental Health Act of 1987. The Act provides guidelines on the reception of voluntary and involuntary patients in mental hospitals, outlines the procedures for establishment of mental hospitals, and establishes the Kenya Board of Mental Health and its subsidiary at the district level. The board is charged with the responsibility of overseeing mental health activities across the country and reporting to the government the status of the same and recommending reforms.

Most importantly and an aspect that was not captured by the predecessor instrument, the Act confers powers to the courts to appoint managers over the estates of mentally ill patients and outlines the managers’ roles, powers, and restrictions. Insurance companies have an obligation under the act to scrap of any policy which excludes or restricts a person from insuring against mental health disorders.

Moreover, the Act outlines offences in relation to handling of mentally ill patients for instance cruel treatment and neglecting of such people amounts to an offence and the general penalty for this and other offences under the act is a fine of not more than 10, 000 Kenya Shillings, or imprisonment for not more than 12 months or both according to section 53 of the Act.

Besides, Mental Health Act, 2022 in section 20 directs the minister of health to set the limit for the admission fees payable in governmental mental hospitals. Non-governmental mental hospital charges are also to be in such a manner as directed by the Ministry of Finance. This directive will probably regulate the cost of mental health care and make it more affordable to all. Under Section 8(1) of the Mental Health Act 2022, expenses of the Kenya Board of Mental Health are to be met out of funds voted for the purpose by Parliament.

Strategies to be used

Even though mental health has been included in the Kenya’s constitution, and that there are current policies and legislations put in place to ensure that mental health issues are addressed in the preferred manner, there is a lot that still needs to be done on these policies and legislations put in place, just to ensure that what was passed is genuinely followed to the letter and the gap left unfilled by the mental policies and legislations are filled.

Working towards exposing the mental health issues especially to adults at workplaces and finding their root causes and the speed at which they occur in Kenya is one of the key strategies that should be undertaken to prevent increase of these issues at work places, and ensuring that the legislations and policies put in place covers this.

More importantly, the recognition of the key the responsibility of all stakeholders in the public and private sectors to ensure that the goal of attainment of mental health is achieved to the highest level possible.

Since mental health policy interventions are broad and cut across other sectors, it is therefore imperative that a multi-disciplinary and inter-sectoral approach is employed in the implementation of the policy that will guide the mental health issues.

More significantly, the Introduction of programmes in workplaces to assist adults in handling stressful life situations should be given highest priority in making a better mental heath policy and legislation that covers workplace in depth.

Giving reliable mental health information to the public and advocating for the Implementation measures of mental health policies and legislations at the community level as well as among policy makers

The need to reduce income disparities to improve mental health outcomes, Implementation of programmes to address violence and injury prevention and undertaking of communication programs to reduce stigma within workplaces are some of the strategies the policy makers, planners need to check on the policies and legislation put in place.

Ensuring that the need to train and recruit community health workers to increase trained personnel numbers handling mental health issues and providing a complete mental health teamwork force required at all healthcare levels is addressed in the mental health policies and legislation

Ensuring that there is the inclusion the policies and legislation the development of a public and private partnership model and framework for facilitation of the achievement of competent mental health workforce and introduction of programmes in workplaces in all regions to assist adults in handling stressful life situations that brings about mental health issues at workplace.

 Ensuring the inclusion in the policies and legislation the that the mental health system for service delivery is affordable, equitable, accessible, sustainable and of good quality. Besides, strengthening the referral system to ensure effectiveness, efficiency and cost-effectiveness in service delivery which will in a big way will enable the mental health system to be responsive so that the performance of the system would meet the population expectation in dignity and respect.

Conclusion

The current issues of mental health at workplaces in Kenya has not only affected the individuals, or even economically challenged the country but has also opened its scope to affecting even the innocent individuals at home like children who are fully dependent on their parents for survival, for their future education and as role model players. This has led to the need for the reviewal of the Kenyan mental health policy and legislation to check on what is not being done right and where adjustment is needed as far as mental health at workplace is concerned before the issue at hand escalates.

 References

•    Baker, A.B., &Demerouti, E. (2014). Job demands-resources theory. In P.Y. Chen & C.L. Cooper (Eds), work and wellbeing: Wellbeing: A complete reference guide(Vol. III, pp. 37-64). Wiley-Blackwell.

•      David Bukusi(2015): Kenya mental health policy 2015-2030:Towards attaining the highest standard of mental health

•     Mental health human right and legislation guidance and practice (WHO&UN)

•     Johnson, R., et al. (2020). Leading with empathy: The role of leaders in fostering mental well-being. Leadership Quarterly, 18(4), 210-225.

•       Jones, S., & Brown, K. (2020). Creating a supportive workplace culture: The impact on employee mental health. Journal of Applied Psychology, 35(1), 45-60.

• Patro, C. S., & Kumar, K. S. (2019). Effect of workplace stress management strategies on employees’ efficiency. International journal of scientific development and research, 4(5), 412-418.