I have provided immediately below a link to and pdf copy of the recent California Mental Health Services Oversight & Accountability Commission draft Workplace Mental Health Report. Historically I have not spent much time discussing mental health and personality topics unless there was something to discuss that was law or mostly law related. However, you can see from recent posts on both of my blogs that for some of my discussions I have started discussing mental health and personality issues as it is not uncommon for those issues to at least indirectly relate to other issues that I do regularly discuss including law, litigation, conduct and possible liability, governance, risk management, and mediation/mediator services (and also discourse, debate, and dispute resolution). The following is a link to and pdf of the recent MHSOAC draft report: https://mhsoac.ca.gov/wp-content/uploads/WORKING-WELL_2022-12-20-18_22.pdf
The following is the short Executive Summary from the report:
The following is a very short history of the Commission from the report:
And the following is part of the longer summary of the project from the report:
Ultimately the report lists five standards which the report summarizes as follows (note, that the report does contain longer discussions about each standard):
Mental health, personalities, relationships, interactions and discourse, including how people discuss, debate, disagree and argue, are some of the key issues in litigation, dispute resolution, mediation and settlement, and are also key issues and problems in the community at large. I encourage leaders and elected representatives to lead the way by using traditional debate and risk management approaches. These are huge topics – this blog post is merely a recognition. It is obvious that this Commission has spent a lot of time and effort on its draft report. As these topics are so numerous and important, I recommend that the Commission us its current work and first focus on 1, 2, or 3 primary issues and goals; define how the Commission would define “success” at this point-in-time; and identify the specific actions and tasks that will achieve that success. In other words, a specific, targeted risk management approach. Below I have added the most recent versions of my risk management process summary slide, governance definition slide, and pre-mediation questions to consider pdf.
For example, other than raising mental health issues, etc., a primary goal is to get a business to do something or to take a specific action or actions in response. Thus, what will achieve that goal, and what specific actions do you want a business to take? Also consider why a business would not want to do so – what impediments or hesitancy would a business have? The objective is to identify the specific issue, why it is an important issue, the goal, and what actions and tasks will lead to goal “success.”
On the other hand, if the objective or goal is to set standards that a business must implement or follow (all businesses of all sizes?), then perhaps the correct process is legislative. The draft report references “voluntary standards” and “standards.” “Standards” tend to raise issues of law, duty, and breach, etc. “Guidance,” “Best Practices” and similar words also can raise issues of law, duty, and breach, etc. Instead, for example, perhaps the report could contain its specific risk management approach discussion on an issue and goal, followed by a heading such as “References” or similar, followed by possible action ideas that a business might or might not decide to take.
I recommend on these and similar topics and issues that the California government first implement the ideas in governmental entity and governmental workplace settings, to see how they work and to evaluate changes and improvements that are needed.
Thank you for reading. Please do pass this blog and blog post and information to other people who would be interested as it is only through collaboration and sharing that great things and success are more quickly achieved.
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Best to you,
David Tate, Esq. (and inactive CPA)
- Business litigation and disputes – business, breach of contract/commercial, co-owners, shareholders, investors, founders, workplace and employment, environmental, D&O, governance, boards and committees.
- Trust, estate and probate court litigation and disputes – trust, estate, probate, elder and dependent abuse, conservatorship, POA, real property, mental health and care, mental capacity, undue influence, conflicts of interest, and contentious administrations.
- Governance, boards, audit and governance committees, investigations, auditing, ESG, etc.
- Mediator and facilitating dispute resolution:
- Trust, estate, probate, conservatorship, elder and dependent abuse, etc.
- Business, breach of contract/commercial, owner, shareholder, investor, etc.
- D&O, board, audit and governance committee, accountant and CPA related.
- Other: workplace and employment, environmental, trade secret.
Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation, or as or for my opinions and views on the subject matter.
Also note – sometimes I include links to or comments about materials from other organizations or people – if I do so, it is because I believe that the materials are worthwhile reading or viewing; however, that doesn’t mean that I don’t or might not have a different view about some or even all of the subject matter or materials, or that I necessarily agree with, or agree with everything about or relating to, that organization or person, or those materials or the subject matter.
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My two blogs are:
Trust, estate, conservatorship, elder and elder abuse, etc. litigation and contentious administrations http://californiaestatetrust.com
David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.