Working Conditions Act: obligations of employer and employee

Under the Working Conditions Act (Arbeidsomstandighedenwet, Arbowet), you as an employer carry the main responsibility for a safe and healthy workplace, and you bear the cost. Your employees have duties too: they must work safely, use the equipment and protection you provide, and report hazards.

The rules apply to every sector and every size of business, from a one-person office to a construction site, and to every employee regardless of the type of contract. The Dutch Labour Authority (Nederlandse Arbeidsinspectie) enforces them.

What is the Working Conditions Act for?

The Arbowet is built on one principle: everyone should be able to work without becoming ill or injured as a result. The Act sets the framework; the more detailed rules are in the Working Conditions Decree (Arbobesluit) and in sector agreements (arbocatalogi).

Most obligations rest on the employer, because the employer controls the workplace and the resources to make it safe. Employees are expected to work with those arrangements rather than around them.

What must you do as an employee?

You share responsibility for a safe workplace. Under the Arbowet you must:

• use work equipment and hazardous substances correctly;
• not disable or remove safety guards on equipment;
• use the personal protective equipment provided correctly and store it properly;
• take part in the safety information and instruction your employer organises;
• report risks to health and safety that you notice;
• assist your employer and experts such as the prevention officer where needed.

Ignoring safety instructions can lead to a warning or, in serious or repeated cases, to dismissal. It can also reduce what your employer owes you if you are injured as a result.

What must you do as an employer?

You must pursue a working conditions policy aimed at the best achievable protection. Its core is a written risk inventory and evaluation (RI&E) with a plan of action, setting out the risks of the work, the measures you take and the deadline for each measure.

The RI&E is required as soon as you have staff. Temporary workers, interns, volunteers and hired-in workers also count.

You must appoint at least one prevention officer (preventiemedewerker), who helps draw up the RI&E and advises on safety. With 25 or fewer employees, you may take on that role yourself as owner or director.

You must be supported by a company doctor (bedrijfsarts) when employees fall ill, usually through a contract with an occupational health service (arbodienst), and you need a written sickness absence policy.

You must give your employees the opportunity of a periodic occupational health examination. Taking part is voluntary for them.

Finally, you must organise in-house emergency response (bedrijfshulpverlening, BHV). You decide how many trained responders you need, but the size and risk profile of your company must guide that choice.

Who checks compliance, and what happens if you don’t comply?

The Dutch Labour Authority, known as the Inspectie SZW until 1 January 2022, checks compliance. It can start an investigation after an accident, after a complaint or at the request of a works council or trade union, and both you and your employees must cooperate.

If it finds a violation, it can issue a warning, impose an administrative fine, order work to stop where there is serious danger, or refer the case for criminal prosecution. Non-compliance also weakens your position if an employee later holds you liable for an accident or occupational disease under Article 7:658 of the Dutch Civil Code (BW).

What should you check as an employer?

These points are what the Labour Authority usually asks for first:

• Is your RI&E up to date, with a plan of action and deadlines?
• Have you appointed a prevention officer, in consultation with the works council or staff?
• Is company doctor support arranged, usually through an occupational health service?
• Is your BHV organisation trained and sized to your risks?
• Do you record instructions given and protective equipment issued?

What can we do for you with working conditions obligations?

Our employment lawyers advise employers and employees on the Arbowet.

• We review your RI&E, prevention and sickness absence policy against the Arbowet.
• We assist you during an investigation by the Dutch Labour Authority.
• We draft the objection (bezwaar) against an administrative fine.
• We advise on disciplinary steps when safety instructions are ignored.
• We advise employees and employers on liability after a workplace accident.

Summary

• As an employer, you must have a written RI&E with a plan of action.
• You must appoint at least one prevention officer; with 25 or fewer employees, you may take on that role yourself.
• You must offer a periodic occupational health examination, though employees are free not to take part.
• You must organise in-house emergency response (BHV) suited to your company.
• As an employee, you must work safely, use protective equipment correctly and report risks.

Frequently asked questions