Employee involvement in health and safety in the Netherlands
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Employee involvement in health and safety: what will change for employers?
The rules on employee participation in health and safety matters are being tightened. An amendment to the Dutch Working Conditions Act (Arbowet) clarifies that employers must actively inform, involve and consult employees about workplace health & safety.
Importantly, this obligation does not only apply to organisations with a works council or staff representation. Employers without such a body must also involve employees in their occupational health & safety policy.
Alignment with European legislation
The amendment aims to bring Dutch legislation more in line with the European framework directive on safety and health at work. This directive has long emphasised the importance of employee involvement in working conditions.
In practice, many of these obligations already existed in the Netherlands. However, the amended Arbowet will set them out more explicitly. This also means the Dutch Labour Inspectorate (Nederlandse Arbeidsinspectie) will be able to enforce compliance more strictly.
No works council or staff representation? You must still actively involve employees
A key clarification is that employers must actively involve employees even if no works council or staff representation has been established. In that case, the employer must consult directly with employees on the occupational health & safety policy.
This is not a one-off information exercise: it requires ongoing involvement in decisions that affect health and safety on the work floor.
Which topics must employees be consulted on?
The law explicitly lists a number of topics where employee consultation or participation is required, including:
- The risk inventory & evaluation (RI&E) and the action plan
- The choice and set-up of occupational health services
- The engagement of experts, such as the occupational health physician or a safety specialist
- The appointment and organisation of emergency response officers
- Key measures relating to workplace health & safety
Employers must be able to demonstrate that employees have been informed and involved in these topics.
An explicit right for employees to submit proposals
What is new is that employees will have an explicit right to put forward proposals on working conditions. This could include improvements relating to health & safety, workload, ergonomics or preventive measures.
For employers, this means they must take such proposals seriously and engage in dialogue about them.
What does this mean for employers and HR?
For many organisations, this mainly tightens existing obligations rather than introducing an entirely new policy framework. The emphasis will, however, be stronger on:
- Actively informing employees about workplace risks
- Consulting employees in a way that is demonstrable (documented)
- Documenting consultation and decision-making
- Embedding employee participation as a structural part of your health & safety policy
For HR and employers, it is important to assess whether current processes are sufficiently set up for this, especially in situations involving growth, international structures or changing working conditions.
Reduce risk by addressing employee participation in time
As with other changes in Dutch health & safety legislation, clear agreements and proper documentation reduce the risk of disputes, fines or liability. This is particularly relevant for employers without a works council, or for foreign employers with staff in the Netherlands who may be less familiar with these local obligations.
Staying up to date with changes in Dutch health & safety legislation
Interfisc monitors changes in Dutch legislation and translates them into clear guidance for employers. This helps you stay up to date on what is changing and what it may mean in practice.
Would you like to know more about this topic? Please feel free to contact us.
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