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Is Health & Safety Service Mandatory?

Yes, that has been the case for many years. Since July 2017, every employer in the Netherlands is also obliged to conclude at least a basic contract with an occupational health and safety service.

This basic contract states which tasks you will be supported by a health and safety service provider or company doctor. You draw up this contract jointly. The works council (OR) or personnel representation (PVT) must approve the content.

Why is a health and safety service mandatory?

The reason that working with an occupational health and safety service is compulsory in the Working Conditions Act is simple: You as an employer must ensure good working conditions and appropriate absenteeism support.

The Working Conditions Act states that a working conditions service supports you in four core tasks:

1. Sickness absence counseling and the prevention of sickness absence (prevention)
2. Periodic occupational health examinations (PMO or PAGO)
3. Appointment inspections
4. Implementation and preparation of the Risk Inventory & Evaluation (RI&E)

You have the first three tasks performed by a company doctor. The RI&E is carried out by one of the other core experts (the occupational hygienist, safety expert or occupational and organization expert).

What if I don’t have a contract with an occupational health and safety service?

Do you not have a basic contract with a health and safety service provider or company doctor? Then you risk a fine of € 1,500 during an inspection by the Inspectorate SZW.

Do you have a basic contract, but a number of things are not properly recorded in it. Or if the contract is not complete, the Inspection Service can also impose fines, varying between € 750 and € 1,500.

Know how it works: health and safety service tailor-made or safety net scheme

When you choose an occupational health and safety service, you can choose between a tailor-made or a safety net scheme. The big difference between the customized scheme and the safety net scheme is who you work with. With the custom scheme, as the name says it all, you opt for customization with your cooperation partners.

This means that, with the permission of your works council, you decide for yourself which occupational health and safety service providers you assign the various activities related to prevention and absenteeism counseling. This does not have to be with one party and it does not necessarily have to be a certified health and safety service.

If you do not have a works council, you may not make this choice. You then fall under the safety net scheme and you are legally obliged to conclude an occupational health and safety contract. Moreover, this is only possible with a certified health and safety service. In both cases, you as an employer must meet the requirements set in the basic health and safety service agreement.

If you opt for the customized scheme, we advise you to involve the Works Council at an early stage. They often also know well what is going on in the organization and have the right of consent in the final choice for a health and safety service. Therefore, try to find out as early as possible how the Works Council stands in this regard and what their expectations of the occupational health and safety service are. If you know this, you can already take your wishes into account in the preliminary phase and the Works Council will agree to your proposal sooner. It is also a great idea to involve the works council in the exploratory discussions you have with occupational health and safety services.