New Working Conditions Act

The Working Conditions Act (Arbowet) was amended on 1 July 2017. In the updated legislation, employers and employees are more involved in health and safety policy. This has implications for the employer, the employee, the occupational health physician and the health and safety officer, as well as the employee participation body in the form of a Works Council or staff association.

The most important changes

The Working Conditions Act makes provision for employees to work healthily and safely. This legislation applies to all employers and employees in the Netherlands. The new amendment to the Act means the role of the various stakeholders has changed. The most important changes at a glance:

• Basic contract: This is new to the Act. The basic contract stipulates minimum requirements for the contract between health and safety service providers and employers.
• Walk-in surgery: The employer makes provision for employees to visit the occupational health physician if they have queries about their health in the context of work.
• Unrestricted access to the workplace: The occupational health physician must be able to visit every site to get to know the company better.
• Second opinion: In the event of doubts about the advice given, every employee can request a second opinion from another occupational health physician.
• Advisory role of occupational health physician: There is more focus on prevention in the new Act. The occupational health physician advises the employer on preventative measures.
• Reporting occupational diseases: Diagnosing and reporting occupational diseases has always been a task of the occupational health physician. But the basic contract now stipulates that the occupational health physician must be able to notify the Netherlands Center for Occupational Diseases of occupational diseases.
• Complaints procedure: Every occupational health physician was required to have a complaints procedure in place by the date the amendment took effect. This is to enable employees to lodge complaints.
• Clearer role for health and safety officer: It was already a requirement for every company to appoint a health and safety officer. The appointment and position of this person must now have the approval of the Works Council or staff association.
• Greater employee engagement: Approval of the person and the position of the health and safety officer gives the Works Council greater involvement in health and safety policy.
• Supervision and enforcement: The Netherlands Labor Authority has been given more options to impose sanctions on employers, occupational health service providers and occupational health physicians if they do not adhere to the basic contract.
• Transition period: Employers and occupational health service providers had until 1 July 2018 to modify contracts.

Source: Health and safety portal