The Workplace Psychological Safety Act

The Workplace Psychological Safety Act (WPSA) is proposed USA legislation aimed at addressing and mitigating psychological abuse, including bullying and mobbing, in the workplace. This act seeks to provide comprehensive protection for all employees, regardless of their membership in a protected class, from toxic behaviours that can cause significant psychological harm.

It’s worth noting that psychological safety cannot be “implemented” through policy (such as the Workplace Psychological Safety Act passed by the Rhode Island state senate in 2024). Telling people in an organisation that they must foster psychological safety or face legal consequences will not produce it; in fact it may cause more harm than good – b ecause any efforts will likely be seen as performative rather than genuine. Psychological safety is not created by legislation – it’s built through genuine, consistent acts and interactions.

Back to the Workplace Psychological Safety Act – the key elements of the WPSA include:

1. Legal Protections and Remedies: The act offers a legal cause of action for employees who suffer from workplace psychological abuse. It eliminates the need for employees to prove the intent behind the abuse, focusing instead on the impact of the behavior on the work environment. This lowers the barriers for employees seeking legal recourse for psychological harm.
2. Employer Accountability: The WPSA aims to hold employers accountable for maintaining a psychologically safe workplace. It sets standards for employers to prevent and promptly correct abusive behaviors. Employers would need to demonstrate reasonable care in preventing psychological abuse and addressing complaints effectively.
3. Broader Scope of Protection: Unlike existing discrimination laws that primarily protect against abuse based on specific protected characteristics (such as race, gender, or disability), the WPSA provides broader protection against any form of workplace psychological abuse. This is crucial as it covers individuals who might not fall under the traditional protected classes but still experience significant workplace mistreatment.
4. Support for Low-Wage Workers: The act recognizes the particular vulnerabilities of low-wage workers, who often face higher rates of mistreatment but lack the resources for legal action. The WPSA aims to provide these workers with accessible remedies and protections.
5. Promotion of a Positive Work Environment: By prioritizing psychological safety, the WPSA encourages the creation of healthier work environments where employees can perform their duties without fear of harassment or psychological harm. This includes fostering open communication, trust, and a culture that discourages abusive behavior.

The WPSA represents a significant step towards ensuring that all employees can work in environments free from psychological harm, thereby promoting overall well-being and productivity in the workplace.​
To find out more, visit: The Workplace Psychological Safety Act.

The Workplace Psychological Safety Act (WPSA) primarily focuses on the United States, and aims to address and mitigate psychological abuse in workplaces, providing broader protections for all employees, not just those in protected classes. This act emphasises holding employers accountable for maintaining a psychologically safe work environment and provides legal recourse for employees suffering from workplace bullying and mobbing​.

However, the concept of psychological safety in the workplace is gaining global recognition, with various international initiatives addressing similar issues. For instance, in Australia, recent legislative changes have been made to include psychosocial hazards in workplace safety regulations. The regulations and specific codes of practice in states like Tasmania and Queensland require employers to manage psychological health and prevent psychosocial hazards​ (Sonder)​.

These international efforts indicate a growing awareness and response to the need for psychological safety in workplaces, so while the WPSA is a U.S.-centric initiative, the principles it embodies are being adopted and implemented in different forms around the world.