Recent changes to the Occupational Health and Safety Act: what employers and employees need to know

Liane FoeLawyer

The Working Conditions Act (Arbowet) is essential for ensuring safe and healthy working conditions in the Netherlands. Since its revision in 2017, several updates and changes have been made. Below is an overview of the most important changes through 2024.

Important changes in the Occupational Health and Safety Act

1. Basic health and safety service contract: Employers are required to establish a basic contract with health and safety service providers. This contract establishes the minimum rights and obligations for both employer, employee and health and safety service provider.
2. Mandatory confidant: In 2023, the House of Representatives passed a bill requiring companies with at least 10 employees to appoint a confidential advisor. This can be an internal or external confidential advisor. The Senate has yet to approve the bill.
3. Asbestos rules adjustment: As of August 1, 2024, the rules for working with asbestos have been modified. These changes anticipate the implementation of the EU directive on working with asbestos.
4. Protection from reprotoxic substances: A decree amending the Working Conditions Decree to implement Directive (EU) 2022/431, aimed at protecting workers from the risks of exposure to reprotoxic substances, was issued on April 25, 2024.

What does this mean for employers and employees?

• Employers: Must ensure a current and complete basic contract with occupational health and safety service providers, appoint a confidential advisor for more than 10 employees, and stay abreast of the latest regulations regarding asbestos and hazardous materials.
• Employees: Have the right to access a confidential advisor, can visit the company doctor without the employer’s permission, and must be informed about the risks of exposure to hazardous substances.

Impact of the change in the Occupational Safety and Health Act on personal injury claims

The recent changes to the Occupational Safety and Health Act have a direct impact on the handling of personal injury cases. Employers are required to provide a safe work environment and comply with the latest regulations. If negligent, an employee in a workplace accident can hold the employer liable for the personal injury suffered. Therefore, it is crucial for both employers and employees to be up to date on the latest occupational health and safety legislation to minimize risks and safeguard rights.

Conclusion

The Occupational Health and Safety Act continues to evolve to improve occupational safety and health. It is crucial for both employers and employees to stay abreast of the latest changes and apply them correctly.