Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Netherlands

Occupational Cancer Convention, 1974 (No. 139) (Ratification: 2017)
Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) (Ratification: 2017)
Chemicals Convention, 1990 (No. 170) (Ratification: 2017)

In order to provide a comprehensive view of the issues relating to the application of occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer), 148 (air pollution, noise and vibration) and 170 (chemicals) together.

The Committee notes the Government’s first reports submitted concerning these Conventions and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV), and the Trade Union Federation for Professionals (VCP) concerning Convention No. 139 and Convention No. 170, received in 2019, as well as the observations of the FNV and CNV on the application of Convention No. 148, received on 24 September 2020 and also submitted with the Government’s report.

Occupational Cancer Convention, 1974 (No. 139)

Articles 2 and 6(a) of the Convention. Replacement of carcinogenic substances and agents and consultations on measures to give effect to the Convention. The Committee notes that section 4.17 of the Working Conditions Decree of 1997 (as amended) gives legislative effect to the provisions of this Article by providing for the replacement of carcinogenic or mutagenic substances and processes with a view to minimizing the exposure of workers. The Committee notes however that the FNV, CNV and VCP state that there is a lack of discussion on substitution and that the substitution of carcinogenic substances should be discussed in the Social Economic Council (SER) before determining limit values. The Committee requests the Government to provide its comments in this respect, indicating the measures taken in practice to ensure that carcinogenic substances are replaced by non-carcinogenic substances or agents, or by less harmful substances or agents.

Article 3. Establishment of an appropriate system of records. The Committee notes that section 4.15 of the Working Conditions Decree requires employers to keep a list of employees who are or may be exposed to carcinogenic substances. The Committee notes however that the FNV, CNV and VCP state that proper registration systems in companies where workers are exposed to carcinogens are seldom used or available. The Committee requests the Government to provide its comments in this respect. It requests the Government to indicate the measures taken in practice by the labour inspectorate to identify companies where workers are exposed to carcinogenic substances and to ensure that these companies have established an appropriate system of records, as well as to indicate any consultations undertaken with the most representative organizations of employers and workers concerned.

Article 4. Workers provided with all the available information on the dangers involved from exposure. The Committee notes that section 8 of the Working Conditions Act of 1999 (as amended) and section 4.10d of the Working Conditions Decree require an employer to ensure that employees are given appropriate information about their duties and the associated risks, and on the measures in place to prevent or limit these risks. The Committee notes however that the FNV, CNV and VCP indicate that there have been reports revealing that workers are not informed of the dangers involved with their exposure to carcinogens, for example workers exposed to chromium 6 over long periods of time. The FNV, CNV and VCP further indicate that the situation for flex-workers is even worse. The Committee requests the Government to provide its comments in this respect, and in particular on measures taken to ensure that workers, including flex-workers, exposed to carcinogens are provided with all the available information on the dangers involved and on the protective measures to be taken.

Article 5. Medical examinations after the period of employment. The Committee notes that section 4.10d of the Working Conditions Decree states that a worker should be informed about the opportunity to submit to an occupational medical examination after termination of the exposure. The Committee requests the Government to provide further information on measures taken to ensure that workers exposed to carcinogens are provided with medical examinations after the period of their employment.

Article 6(c). Provision of appropriate inspection services. The Committee notes that the FNV, CNV and VCP have expressed their concerns regarding the system of self-regulation of working conditions and the lack of labour inspections with regard to occupational diseases. The Committee also notes that the FNV, CNV and VCP indicate that there is no system in the Netherlands for employers to report occupational diseases to the labour inspectorate. Referring to its comments on Convention No. 155, the Committee requests the Government to provide information on measures taken to ensure that the labour inspectorate is aware of workplaces where workers may be exposed to carcinogens and that appropriate inspections take place to ensure that these workplaces comply with the provisions of the Convention.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4 of the Convention. Protection against occupational hazards in the working environment. Air pollution. The Committee notes the provisions of the Working Conditions Act and Decree related to the protection against exposure to air pollution and dangerous substances. It also notes the statement of the FNV and CNV in its observations that while there are limit values established for many chemical substances, there are no specific health and safety regulations related to ultrafine particles. The Committee requests the Government to provide its observations in this respect.

Article 11(3) and (4). Continued assignment to work. The Committee requests the Government to provide information on the measures in place to ensure that where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, every effort is made to provide the worker concerned with suitable alternative employment or to maintain their income through social security measures or otherwise. The Committee also requests the Government to provide specific information on the provisions in place to ensure that the rights of workers under social security or social insurance legislation are not adversely affected.

Chemicals Convention, 1990 (No. 170)

Article 11 of the Convention. Transfer of chemicals. The Committee notes that section 4.10d of the Working Conditions Decree requires an employer to provide adequate information about the possible health and safety dangers associated with working with dangerous substances. The Committee requests the Government to indicate the measures taken to provide that employers ensure that when chemicals are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.

Application of the Convention in practice. The Committee notes that the FNV, CNV and VCP state that there is an imbalance between the regulatory framework which gives effect to the provisions of the Convention and the labour inspectorate which is responsible for ensuring that these provisions are applied in practice. The FNV, CNV and VCP state that with 8 million workers and only 260 labour inspectors, enforcement of the obligations contained in the Convention is not possible, in particular with reference to the exposure of workers to Chromium 6 and asbestos. The FNV, CNV and VCP also refer to a December 2017 study on how to deal with work-related health data and data on occupational side-effects to health risks indicating that: (i) important information about hazardous substances was not present in workplaces or was not shared by the persons responsible for safe working conditions; (ii) preventive instruments such as the risk assessments, the individual exposure registers and the Periodic Occupational Health Examination were often not used or not used adequately; and (iii) many companies lack a proper registration system for workers exposed to carcinogens. With reference to the comments under Convention No. 81, the Committee requests the Government to provide its comments in this respect, in particular indicating measures taken to ensure that the provisions of the Convention are applied in practice.