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Mental Health Prevention Measures – Definition, Legal Requirements & Practical Tips

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Mental Health Prevention Measures – Definition, Legal Requirements & Practical Tips

Mental health prevention measures encompass all organisational measures that prevent mental illness, detect it early, and support affected employees. Under §5 of the German Occupational Health and Safety Act (ArbSchG), employers are legally required to assess and reduce psychosocial risks in the workplace. Three levels of prevention are distinguished: primary prevention (avoiding risks), secondary prevention (intervening early), and tertiary prevention (supporting those already affected).

Note on legal references: The legal framework described in this article is based on German law (ArbSchG, BetrVG, SGB IX). If your organisation operates outside Germany, please refer to the applicable national legislation in your country.

What Are Mental Health Prevention Measures in the Workplace?

Definition: Mental Health According to the WHO

The World Health Organization (WHO) defines mental health as a state of well-being in which a person can fulfil their potential, cope with the normal stresses of life, work productively, and contribute to their community. Mental health is therefore far more than merely the absence of illness – it is an active resource that employers can and should proactively support.

In the workplace, mental health is directly linked to working conditions. Factors such as time pressure, lack of recognition, limited autonomy, or role conflicts can have a lasting negative impact on mental well-being. Workplace prevention measures address precisely these factors: they reduce risk factors and strengthen protective ones.

Why Does This Matter for Organisations?

According to the current DAK Health Report, mental illness is one of the most common causes of sick leave in Germany. Depression and adjustment disorders in particular lead to above-average lengths of absence. For organisations, this translates into direct costs through absenteeism and lost productivity, as well as indirect costs from increased staff turnover and costly replacement hiring.

Corporate health management (CHM) is demonstrably worthwhile: according to the IGA Report (Initiative Health and Work), every euro invested in prevention saves several times that amount in downstream costs – through fewer sick days, lower treatment costs, and higher productivity.

Legal Framework: What Employers Are Required to Do

§5 ArbSchG: Risk Assessment for Psychosocial Hazards

The German Occupational Health and Safety Act (ArbSchG) requires employers to organise work in such a way that physical and psychological hazards are avoided or minimised. Since an amendment to the law in 2013, it has been explicitly clarified that psychosocial stressors must also be included in the risk assessment under §5 ArbSchG.

The risk assessment for psychosocial hazards follows a four-step process: first, stressors are identified – through surveys, observations, or workshops. In the second step, the frequency, intensity, and duration of these stressors are evaluated. The third step involves deriving and implementing concrete measures. In the fourth step, the effectiveness of those measures is reviewed and documented. The Federal Institute for Occupational Safety and Health (BAUA) provides free checklists and guidance materials at www.baua.de.

Works Council and Co-Determination

Under §87 of the Works Constitution Act (BetrVG), the works council has co-determination rights on matters relating to health protection and accident prevention. This means that CHM measures should be coordinated with employee representatives at an early stage – not only for legal reasons, but also to ensure broader acceptance across the organisation.

Occupational Reintegration Management (BEM)

Occupational Reintegration Management (BEM) is a statutory obligation for employers. Under §167(2) of the German Social Code IX (SGB IX), employers must offer BEM to employees who have been unable to work for more than six weeks continuously or repeatedly within a twelve-month period. The aim is to preserve the employment relationship and prevent relapses – making it a key element of tertiary prevention.

The Three Levels of Prevention

Primary Prevention: Stopping Problems Before They Start

Primary prevention is the most effective but often most neglected level. The goal is to prevent psychosocial stressors from arising in the first place – through healthy work design and a supportive organisational culture.

Typical primary prevention measures include reducing chronic workload through clear task structures, giving employees sufficient autonomy, ensuring transparent communication at leadership level, and embedding a genuine feedback culture. Precise role-to-person matching is also a meaningful contribution to primary prevention: when employees are placed in roles that align with their strengths and personality, the risk of chronic overload decreases significantly. The digital platform Aivy helps organisations match candidates to role requirements using scientifically validated assessment methods – reducing mismatches that, over time, generate lasting psychosocial strain.

Secondary Prevention: Early Recognition and Intervention

Secondary prevention comes into play when first signs of strain become visible – before a clinical condition develops. The goal is to intervene early and prevent problems from becoming chronic.

Key measures include training managers to recognise early warning signals of psychosocial stress, stress management and resilience programmes for employees, and regular employee surveys as an early warning system. Confidential counselling services or an Employee Assistance Programme (EAP) also fall under secondary prevention when they are easily accessible. Managers play a pivotal role here: those who recognise early signs such as increasing absenteeism, withdrawal from the team, or concentration difficulties – and address them with empathy – can prevent escalation. This requires appropriate training and an organisational culture that encourages open dialogue.

Tertiary Prevention: Supporting Affected Employees

Tertiary prevention is directed at employees who are already experiencing a mental health condition. The aim is to support recovery, enable a sustainable return to work, and prevent relapse.

In addition to the legally required BEM process, important measures include therapeutic support, phased return-to-work schemes (known in Germany as the Hamburg Model), adapted working conditions, and post-return coaching. Crucially, employees must feel they will not face stigma – an open, non-judgmental organisational culture is the foundation of effective tertiary prevention.

Practical Measures for Your Organisation

Structural Measures: Work Design and Leadership Culture

Structural measures operate at the organisational level and have the broadest impact. They include establishing clear availability policies and a right-to-disconnect culture, reviewing and adjusting workloads and deadlines, promoting employee autonomy and ownership, and conducting regular one-to-one conversations with meaningful feedback. Leadership development is a central lever: management style has a direct influence on team well-being. Empathetic, transparent, and appreciative leadership demonstrably reduces psychosocial strain.

Individual Offerings: EAP, Coaching and Resilience Training

Individual offerings complement structural measures and empower employees to take an active role. An Employee Assistance Programme (EAP) is a confidential, external counselling service provided by the employer for their workforce. Employees can access psychological counselling, coaching, or legal and financial advice – without the employer having access to individual consultations. The cost is borne by the organisation. In addition, resilience training, mindfulness programmes, and coaching offerings are effective secondary prevention instruments.

Digital Offerings for Remote and Hybrid Teams

Organisations with remote or hybrid workforces face additional challenges. Social isolation while working from home, blurring boundaries between work and personal life, and reduced informal communication are all psychosocial risk factors of digital working. Digital health platforms, online courses, regular virtual check-ins, and consistent no-meeting time blocks can provide targeted countermeasures. What matters most is that a genuine sense of belonging is cultivated in the digital space – the feeling of truly being part of the team.

Measuring Effectiveness: How to Evaluate Your Health Management Initiatives

What is not measured cannot be improved. Key metrics for evaluating the effectiveness of CHM measures include the absenteeism rate (before and after measures are introduced), staff turnover, results from regular employee surveys on job satisfaction and perceived workload, and EAP utilisation rates (aggregated, without personal data). It is essential that evaluation processes are anonymous and that employees trust they can give honest feedback. Only then will surveys yield valid data.

Frequently Asked Questions on Mental Health Prevention Measures

What are employers' legal obligations regarding mental health at work?

Under §5 ArbSchG, employers are required to carry out a risk assessment – since 2013 this explicitly includes psychosocial hazards. Appropriate protective measures must be derived from this assessment and documented. The works council has co-determination rights under §87 BetrVG. In cases of extended illness, the BEM obligation under §167 SGB IX also applies.

What is the difference between primary, secondary, and tertiary prevention?

Primary prevention addresses risk factors before they emerge – for example through healthy work design. Secondary prevention intervenes at the first signs of strain to prevent chronic conditions from developing – for example through stress management training or EAP offerings. Tertiary prevention supports employees who are already unwell, helping them recover and return to work – for example through BEM and phased reintegration.

How do I conduct a risk assessment for psychosocial hazards?

In four steps: identify stressors (through surveys, observations, workshops), evaluate stressors (frequency, intensity, duration), derive and implement measures, and review and document their effectiveness. BAUA provides free guidance and checklists at www.baua.de.

What is an Employee Assistance Programme (EAP) and how does it work?

An EAP is an external, confidential counselling service provided by employers for their employees. It typically includes psychological counselling, coaching, as well as legal and financial advice. For employees, the service is free of charge and anonymous – the employer has no access to individual sessions. Costs are covered by the organisation.

How do I recognise signs of mental overload in employees?

Common signals include increasing absenteeism or short-term sick leave, social withdrawal and mood changes, declining productivity or more frequent errors, and irritability or difficulty concentrating. Managers need appropriate training to recognise these signals and address them sensitively, professionally, and without stigma.

What is the ROI of corporate health management?

According to the IGA Report, investments in workplace prevention pay off through reduced downstream costs – including fewer sick days, lower turnover costs, and higher productivity. Additionally, a genuine commitment to CHM has a positive effect on employer branding and makes it easier to attract qualified talent.

Which measures are particularly effective for remote and hybrid teams?

Digital health platforms and online courses, regular virtual team check-ins, clear availability policies and a right-to-disconnect culture, and digital EAP offerings via chat or video counselling. The key is to consciously foster social connection in the remote setting – to minimise isolation as a psychosocial risk factor.

Conclusion

Mental health is not a private matter – it is a core area of action for organisations, with legal obligations, measurable ROI, and a direct impact on performance, retention, and employer attractiveness. The three-tier prevention model of primary, secondary, and tertiary prevention gives HR professionals a clear framework: structurally avoid psychosocial stressors, recognise them early and act, and provide targeted support to those affected.

The best starting point is the legally required risk assessment for psychosocial hazards under §5 ArbSchG – it creates the data foundation for all further measures and simultaneously shows where the greatest need for action exists within the organisation.

Would you like to learn how precise role-to-person matching can help reduce overload and psychosocial strain from the outset? The digital platform Aivy supports organisations with scientifically validated assessment methods to match candidates according to their strengths and role requirements. Learn more about objective, strengths-based talent assessment with Aivy.

Sources

Florian Dyballa

CEO, Co-Founder

About Florian

  • Founder & CEO of Aivy — develops innovative ways of personnel diagnostics and is one of the top 10 HR tech founders in Germany (business punk)
  • More than 500,000 digital aptitude tests successfully used by more than 100 companies such as Lufthansa, Würth and Hermes
  • Three times honored with the HR Innovation Award and regularly featured in leading business media (WirtschaftsWoche, Handelsblatt and FAZ)
  • As a business psychologist and digital expert, combines well-founded tests with AI for fair opportunities in personnel selection
  • Shares expertise as a sought-after thought leader in the HR tech industry — in podcasts, media, and at key industry events
  • Actively shapes the future of the working world — by combining science and technology for better and fairer personnel decisions
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