Under the Working Conditions Act (Arbeidsomstandighedenwet, the “Arbowet”), you as an employer carry the main responsibility for a safe and healthy workplace, and you bear the cost of that. Your employees have duties too: they must work safely, use the equipment and protection you provide, and report hazards. The rules apply whether you run an office, a workshop or a construction site, and they apply to every employee regardless of the type of contract. This article sets out what each side must do in practice, and what happens if either side falls short.
What is the Working Conditions Act for?
The Arbowet is built on one basic principle: everyone should be able to work without becoming ill, injured or worse as a result. It applies to every sector and every size of business, from a one-person office to a large factory floor.
The Act places most of the obligations on you as the employer, because you control the workplace and the resources to make it safe. As an employee, you are expected to work with those arrangements rather than around them. The sections below explain both sides.
What must you do as an employee?
You share responsibility for a safe workplace with your employer. Under the Arbowet, you must contribute in a number of concrete ways rather than simply follow instructions.
- 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 in the company;
- assist your employer and other experts, such as the prevention officer, where needed.
In short, you must handle equipment and tasks responsibly, so that you do not put yourself or your colleagues at risk. Ignoring safety instructions can itself be a ground for disciplinary action.
What must you do as an employer?
You must pursue a working conditions policy aimed at the best achievable protection for your staff. That policy must include a written risk inventory and evaluation (RI&E) with a plan of action. In it, you set out which risks the work involves, how you address each of those risks, which measures you already have in place, and which incidents have already occurred within your company.
You must also appoint at least one prevention officer, who helps draw up the RI&E and advises on your safety policy. This person must normally come from within your own organisation. If your company has 25 or fewer employees, you may act as the prevention officer yourself, alongside your other duties.
Because absence due to illness is a risk every employer faces, the Arbowet also requires a sickness absence policy. Record clearly, in writing, how your company handles absence when it occurs, so that both you and your employees know what to expect.
To catch health risks before they lead to absence, it is advisable to offer a periodic occupational health examination, carried out by your company doctor or occupational health service. This lets employees flag work-related health complaints early. Taking part is not mandatory for your employees, but it is generally in everyone’s interest.
You must also organise in-house emergency response (BHV). A trained emergency responder can bring employees and visitors to safety if something goes wrong. You decide how many people you need and how you organise this, but the size and risk profile of your company must guide that choice.
Who checks compliance, and what happens if you don’t comply?
Despite these rules, work-related accidents still happen every year in the Netherlands, often ones that could have been prevented. That is why the Nederlandse Arbeidsinspectie (Dutch Labour Authority, known as the Inspectie SZW until 1 January 2022) checks whether both employers and employees follow the rules for healthy, safe and fair work.
The Arbeidsinspectie can start an investigation after an accident, or at the request of a works council or trade union, and cooperation with that investigation is mandatory for both you and your employees. If it finds a violation, it can order work to stop, impose a fine, or, in serious cases, refer the matter for prosecution as a criminal or economic offence. These measures can be costly and disruptive, so meeting your obligations under the Arbowet is not just good practice: it limits your exposure to enforcement action and to liability if an employee is later harmed.
In summary
- As an employer, you must have a written risk inventory and evaluation (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 the size of your company.
- As an employee, you must work safely, use protective equipment correctly and report risks you notice.
Frequently asked questions
Do I need a prevention officer if I run a small business?
Yes. Every employer must appoint one. If you employ 25 or fewer staff, the law allows you to be the prevention officer yourself, in addition to your usual role.
Can the Arbeidsinspectie stop my business from working?
Yes. If it finds a serious violation of the Working Conditions Act, it can order the work to stop, on top of a possible fine or referral for prosecution.
Do I still need an RI&E if I only have a few employees?
Yes, the risk inventory and evaluation applies regardless of the size of your business. Very small employers can use a simplified, sector-approved format, but the obligation itself is not waived.
If you are unsure whether your risk inventory and evaluation, prevention policy or sickness absence policy meets these requirements, tell us about your situation. Our employment lawyers can review your arrangements against the Working Conditions Act.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our employment lawyer page.
