Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Occupational Safety and Health Convention, 1981 (No. 155) - Netherlands (Ratification: 1991)

The Committee notes the Government’s latest report indicating recent legislative amendments to the Working Conditions Act, which introduce a new distinction of responsibility between the Government and the social partners. The Committee also notes the observations, attached to the Government’s report, from the National Federation of Christian Trade Unions (CNV) and the Confederation of Netherlands Industry and Employers (VNO–NCW), and observations received from the Netherlands Trade Union Confederation (FNV), transmitted to the Government on 16 September 2009. The Committee notes the attached summary of the National Centre of Occupational Diseases’ annual report which provides an interesting insight into occupational diseases, including trends and dissemination of information within branches and occupations. The evidence of fewer health problems as a result of the smoking ban in bars and restaurants is particularly interesting.

Article 5, subparagraph (d), and Article 11, subparagraph (e), of the Convention. Communication and cooperation at the levels of the working group and the undertaking, and the publication of information. The Committee notes the observations by the FNV indicating that workers do not have a legislated right to request documents on risk assessment and measures taken in the enterprise to address these risks. The Committee asks the Government to provide further information on the legislative measures in place that give effect to Article 5(d) and Article 11(e) with regard to workers’ access to information on risk assessment and measures taken in the enterprise to address these risks.

Article 9, paragraph 1. Labour inspectorate. The Committee notes the information provided indicating that of the approximately 350,000 enterprises in the Netherlands with at least one employee, the labour inspectorate proactively inspects 20,000 enterprises every year. With regard to the observations by the FNV stating that complaints from workers regarding non-compliance with the laws are not always investigated, the Committee notes that the Government has indicated that all complaints are investigated, and that the anonymity of the complainant is always kept. The Committee notes, however, that the Government has not transmitted a copy of the relevant internal instruction of 17 June 2008 of the labour inspectorate, as requested. The Committee also notes that in response to observations made by the FNV, the Government has indicated that it is standard procedure and part of the training and instruction of inspectors to allow the works council the opportunity to accompany the inspector and to discuss problems privately, and that after an inspection the works council is entitled to a copy of the letter(s) sent to the employer. The Committee requests the Government to transmit a copy of the internal instruction of 17 June 2008 of the labour inspectorate, which protects anonymity of complainants.

Article 10. Safety and health covenants. The Committee notes that the final evaluation report on the use of covenants has shown that enterprises in non-covenant sectors showed fewer improvements on OSH risks. The Committee hopes that the new measures undertaken by the Government, with regard to the rearrangement of employer, worker and government responsibilities in the private and public domain, will contribute to increased compliance with legal obligations across enterprises. The Committee asks the Government to keep it informed in this respect.

Article 11, subparagraph (c). Notification of occupational diseases. The Committee notes the observations by the FNV with regard to under-reporting of occupational diseases. The Committee notes the Government’s response on measures taken to improve the reporting of occupational diseases in the national registration system of the National Committee on Occupational Diseases, including improved communication and rapport with the experts responsible for submitting the reports by providing tailor-made information to these experts, offering feedback and refresher courses, as well as developing guidelines to empower experts to report occupational diseases. The Committee asks the Government to provide further information, in its next report, on the impact of these measures.

Article 17. Two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the observations by the VNO–NCW, with reference to this Article, indicating that while the responsibilities of cooperating employers at one worksite is regulated clearly in the Working Conditions Act and the Working Conditions Decree, in practice there are many obstacles to the implementation of the legal obligations in the distribution of responsibilities. The VNO–NCW also states that compliance in this area is not always duly examined during inspections. The Committee asks the Government to provide information on the practical application of Article 17.

Part V of the report form. Application in practice. The Committee notes with interest the recent revision to the Working Conditions Act which affects the distribution of responsibilities between the Government and social partners in terms of the development of regulations on occupational safety and health. It notes the Government’s statement that within the so-called “public domain” the prime responsibility of the Government is still to lay down general rules and targets to be met as far as the level of protection of workers is concerned and formulated, but that the so-called “private domain” is now to be the prime responsibility of the social partners, whereby they are to agree on ways and methods of working in order to achieve and implement those targets. The Committee notes that such agreements between employers and workers can be formulated in so-called “OSH catalogues” (“Arbocatalogues”), which can be submitted to the labour inspectorate for approval. After approval these measures will be considered as legally binding and inspectors will take them into account during their inspections. The Committee notes that the FNV has indicated that these “OSH catalogues” can only be approved at the branch or sectoral level, as opposed to the company level. The Committee also notes the observations by the FNV on the lack of clear prescribed targets and exposure limits in legislation; a lack of follow-up on a number of projects undertaken by the Government to promote a better culture of occupational safety and health in enterprises; and the availability and independence of company doctors or experts. The Committee also notes the information regarding the establishment of a “support group on risk assessment” which aims to actively promote the development and application of risk assessments, especially in small and medium-sized enterprises. Finally, the Committee notes the information regarding the uneven but overall downward trend related to fatal accidents and that the Government has indicated it is currently developing an action plan specifically to address fatal accidents. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including information on the progress related to the “OSH catalogues”; the development and impact of measures taken to address fatalities; and measures undertaken or envisaged to ensure there is appropriate follow-up on the completion of projects aimed at promoting occupational safety and health in enterprises.