Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Países Bajos

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1951)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1973)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3 and 16 of Convention No. 81 and Articles 6 and 21 of Convention No. 129. Frequency of labour inspections to ensure the effective discharge of inspection duties. Workload of labour inspectors. Time spent on administrative tasks. 1. Inspections in non-high-risk workplaces and small enterprises. The Committee notes the Government’s indication that the Netherlands Labour Authority (NLA) employs a risk-based approach to inspections, responding to complaints, signals and broader societal trends, and that inspections in small and medium-sized enterprises (SMEs) are conducted based on these signals, as well as relevant industry developments. The Government also informs that in 2021, the NLA launched a project specifically targeting OSH compliance in SMEs across various sectors, using both administrative supervision and on-site inspection visits. Since the project’s inception, inspections have been conducted in ten different sectors, with 437 small companies in the furniture manufacturing industry inspected for OSH compliance in 2022 and 1,300 SMEs in the hotel, café and restaurant sectors in 2023. The Committee requests the Government to continue to provide information on the measures adopted or envisaged to ensure that small enterprises are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, including information on violations detected and penalties assessed pursuant to its risk-based approach, as well as any indications that this approach has resulted in enhanced workplace protections on a voluntary basis in the furniture manufacturing industry and the hotel, café and restaurant sectors. It also requests the Government to provide information on the same measures directed to non-high-risk workplaces that are not SMEs.

2. Administrative tasks entrusted to labour inspectors. The Committee notes the Government’s indication that inspectors divide their time between conducting inspections, preparing for visits, reporting results, engaging in training and coordination duties, and that to prevent adding to their administrative burden, inspectors are not required to track time spent on each individual task. The Government informs that team managers and project leaders monitor the workload and administrative tasks based on the activities inspectors undertake. It also reiterates that several measures have been implemented to ease the administrative duties of labour inspectors. The Committee requests the Government to continue to provide information on the measures adopted to ensure that the time spent by labour inspectors on administrative tasks do not interfere with the effective discharge of their primary duties and to provide specific information on all progress thereon.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Cooperation between the labour inspection services and private institutions engaged in similar activities. Further to its previous comment about the cooperation between labour inspection and private Occupational Safety and Health (OSH) services, the Committee notes the Government’s indication that the Netherlands Labour Authority (NLA) supervises certified OSH services mandated for employers, and that as a part of the assessment procedure, it places particular emphasis on complaints or signals submitted by employees of private OSH services and occupational physicians. According to the Government, this assessment procedure was discussed with the Netherlands association of occupational physicians (NVAB) and the association of OSH services (OVAL) both to increase their awareness of how the Labour Inspectorate works and to improve the number and quality of signals submitted to the NLA. In this context, the Committee notes the observations presented by the FNV and the CNV, which emphasize that there is no formal exchange of information between the NLA and private OSH services, which could potentially lead to critical safety risks being overlooked, as external OSH experts may have strong grounds to believe that workers are in danger but are not required to inform the labour inspectorate. Accordingly, the Committee requests the Government to continue to provide information on the measures taken or envisaged to promote effective cooperation between labour inspection and private OSH services (in particular for the exchange of relevant data), as well as on the impact of these activities on the work of the labour inspectorate. In this respect, the Committee requests the Government to indicate the measures adopted by the labour inspectorate to address the situations reported in complaints and warnings by OSH services.

Articles 12(1)(a) and 15(c) of Convention No. 81 and Articles 16(1)(a) and 20(c) of Convention No. 129. Inspections without previous notice. Further to its previous request for clarification on the term “partially announced inspections”, the Committee notes the Government's indication that this refers to routine inspections of enterprises that fall under the legislation relating to the control of major-accidents hazards involving dangerous substances. In these cases, the company is informed of the inspection in advance in order to ensure the presence of knowledgeable employees to answer questions, as well as the preparation of the necessary documentation. However, the Government indicates that key details — such as the exact date or the specific area of focus — may not be disclosed beforehand. The Committee also notes the Government’s indication that from 2021 to 2024, 17 unannounced inspections were carried out for the control of major hazards involving dangerous substances, resulting in the detection of 33 violations and the issuance of 29 penalty reports. Nonetheless, the Committee notes the FNV and CNV comments highlighting that unannounced inspections remain rare and should be more frequent to ensure that the confidentiality of complainants is preserved when inspections are conducted following a complaint. The Committee requests the Government to continue to provide information on the number of unannounced inspections visits (disaggregated into totally and partially unannounced visits), the number and nature of violations detected and the measures undertaken, especially in regards to the control of major hazards involving dangerous substances.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational diseases. In response to its previous comments, the Committee notes the Government’s indication that under the Working Conditions Act, occupational physicians and OSH services are required to report occupational diseases to the Netherlands Center for Occupational Diseases (NCvB), not directly to the NLA. The NLA receives aggregate data from the NCvB to help prioritize its inspections. Additionally, occupational physicians are encouraged to submit a signal to the labour inspectorate when they identify that a workplace is posing a health or safety risk to workers. The Government indicates that a challenge in conducting inspections following notification of an occupational disease is the delay between the exposure and the manifestation of negative health effects.

The Committee further notes the concerns raised by the FNV and CNV, which reiterate that the information provided through NCvB reports does not enable the labour inspectorate to respond promptly or carry out preventive activities in the specific workplaces concerned, as OSH services do not directly inform the inspectorate about occupational diseases in the workplace.

Furthermore, the Committee notes that, according to the Government, a project recently launched is exploring ways to improve the reporting system for occupational diseases, including the potential for direct notifications to the NLA and the introduction of fines for occupational physicians or OSH services that fail to report these diseases. This initiative will be developed in collaboration with social partners, the NLA, occupational physicians and the NCvB. Additionally, the project will investigate how NCvB data on occupational diseases can be better utilized by the NLA for risk-based inspections. The Committee requests the Government to continue to provide information on the progress concerning the implementation of changes to the reporting systems for occupational diseases, as well as to provide information on any other measures adopted or envisaged to ensure that the labour inspectorate is notified of cases of occupational diseases in a manner that enables the labour inspectorate to carry out its duties effectively.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. In response to its previous request regarding the content of annual reports, the Committee notes the Government’s information that the NLA annual report includes the statistics of workplaces liable to inspection and that the Central Bureau of Statistics (CBS) collects data on the number of workers employed in workplaces liable for inspection, which is integrated into the NLA's analysis. Regarding the agriculture sector, the Government indicates that the NLA does not produce a sector-specific report for agriculture; however, it informs that between 2021 and 2023, approximately 1,400 inspections were conducted in this sector. The Committee requests the Government to provide information on measures adopted to ensure that the annual reports on the activities of the labour inspection services include statistics on violations detected (Article 21(e) of Convention No. 81). It also requests the Government to provide information on measures taken to develop specific statistics for the agriculture sector, covering all subjects listed in Article 27 of Convention No. 129. Furthermore, with regard to the adequacy of annual report information, the Committee requests the Government to refer to its above comment on Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification of occupational diseases) as well as to its comment in its observation regarding the application of Articles 3, 10 and 16 of Convention No. 81 and Articles 6, 14 and 21 of Convention No. 129 (number of labour inspectors and the frequency of labour inspections, workload of labour inspectors and time spent on administrative tasks).