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Is working conditions policy mandatory?

Employers are obliged to ensure that their employees can work safely and healthily. What that exactly means, is laid down in the Working Conditions Act (WCA), Working Conditions Decree and Working Conditions Regulations. In order to be able to comply with these laws, the employer must pursue a concrete working conditions policy.

Working conditions policy is the policy that an employer pursues within his company with regard to working conditions. A good working conditions policy limits the health risks in the company, reduces absenteeism and promotes reintegration after illness.

Employers are obliged to ensure that their employees can work safely and healthily. The degree of protection they must offer is laid down by the government in the Working Conditions Act, the Working Conditions Decree and Working Conditions Regulations. In order to accurately comply with these laws, every company must have a concrete working conditions policy. This is drawn up in collaboration with the representation of employees (works council, staff association, trade unions). Parts of this working conditions policy include:

A Risk Inventory and Evaluation (RI&E) – An RI&E states which risks there are within the company with regard to the safety and health of employees. As a result of this inventory, a Plan of Action must be drawn up containing the measures that will be taken to tackle the risks.

Occupational health service or company doctor – In the event of sickness absence, the sick employee must be supervised by a company doctor (whether or not affiliated with an occupational health and safety service).

Prevention officer – Companies are obliged to appoint at least one employee as prevention officer. If the company does not have more than 25 employees, the employer may take on the tasks of the prevention officer himself. In all cases, the prevention officer work within the company.

Company emergency response – At least one in-house emergency response worker (ER) must be present within the company.

Information – Companies must provide their employees with information and instructions about safe and healthy work.

Occupational health expert – Employers must provide access to and access to an occupational health and safety expert, such as a company doctor or occupational hygienist.

PAGO – Employees must have the opportunity to undergo a periodic occupational health examination (PAGO).

Working Conditions catalogue

The agreements made by employer and employee about safe and healthy work can be recorded in a working conditions catalogue. This catalogue provides a clear and understandable overview of the options solutions for safe and healthy work, specifically tailored to the situations in a sector or industry.

Inspectorate SZW

The Inspectorate SZW regularly inspects whether employers and employees comply with the health and safety regulations. Their priority is work situations that pose serious health risks bring over. In case of violation, the Inspectorate SZW can impose a number of measures, varying from a warning to a fine or even stopping work.

Importance of working conditions policy:

It is very important to have and implement a clearly described working conditions policy. If an employee suffers damage as a result of the work, he can hold the company liable for it and claim compensation. The employer must then be able to demonstrate that – in an operational and economic sense – he has done everything that is reasonably feasible to avoid this damage