Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 81) sur l'inspection du travail, 1947 - Pays-Bas (Ratification: 1951)

With reference to its observation, the Committee would like to request information on the following points concerning the Act on Working Conditions (Health and Safety), which came into force on 1 January 2007.

Article 2 of the Convention. Scope of application. The Committee notes that, according to section 30(1) of the Act, the Minister of Social Affairs and Employment may exempt categories of businesses, establishments or working relationships from the requirements laid down in or by virtue of section 5 (elaboration of risk inventory and assessment) and sections 12–18 (cooperation, consultation and particular rights of the works council, the staff representation body and employees affected). The Committee requests the Government to indicate any such exemptions granted.

Article 3(1)(b). Technical information and advice to employers and workers. The Committee observes that the Act on Working Conditions establishes a preventive approach to occupational safety and health (OSH) based on the preparation and periodic revision of a risk inventory and assessment by the employer in consultation with the works council, the staff representation body or the employees affected. The Committee recalls that, according to Article 3(1)(b), one of the essential functions of the labour inspection system is to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions. The Committee notes in this regard that section 8 of the Act provides that the employer shall ensure that employees are given appropriate information about their duties and the associated risks as well as on the measures in place to prevent or limit these risks, and that she/he will ensure that they are provided with adequate training. The Committee requests the Government to provide details on relevant educational activities carried out by the labour inspectorate so as to ensure the implementation of the Working Conditions Act by all parties concerned.

Article 4(1) and Article 9. Structure of the labour inspectorate and collaboration with technical experts. The Committee notes that, according to section 24(2) of the Act, officials other than those of the Ministry of Social Affairs and Employment shall be charged with monitoring compliance with regard to certain categories of work designated by the Minister of Social Affairs and Employment and the other minister in question. The Committee requests the Government to indicate the categories of work with respect to which officials other than those of the Ministry of Social Affairs and Employment are charged with monitoring compliance with the Act.

Article 7. Conditions for recruitment of labour inspectors. The Committee notes that, according to section 24(1) of the Act, compliance with the provisions of the Act will be monitored, in general, by officials in the Ministry of Social Affairs and Employment designated by the Minister by resolution. The Committee requests the Government to specify the criteria on the basis of which labour inspectors are designated.

Article 12(1)(a). Right to enter workplaces liable to inspection at any hour of the day or night. The Committee notes that, according to section 24(3) of the Act on Working Conditions, inspectors are entitled to enter dwellings without the inhabitant’s consent. According to section 24(4), they are also entitled to initiate an investigation into an accident at work at any time. The Committee would be grateful if the Government would specify whether labour inspectors are, in general, authorized without prior notice to enter workplaces liable to inspection at any hour of the day or night to perform inspection activities relating to OSH or other areas of conditions of work, and to send copy of any relevant legal provisions.