Legislation

Here you find more information about the Dutch Working Conditions Legislation, including the full text articles.

The information on this page was last checked in June 2017.

The Working Conditions Act

General provisions for employers and employees how to deal with occupational safety and health, for example to have a written OSH-policy or a risk inventory. The Act gives certain powers to the Inspectorate-SZW, for example to force the employer to stop the work.

Full text version 1-06-2017 of the Working Conditions Act

The Working Conditions Decree

This Decree covers a wide range of specific occupational health and safety topics, such as provisions on work places, dangerous substances, noise, vibrations etc.

Full text version 1-09-2016 of the Working Conditions Decree

Last update May 2013

The general rules of the Working Conditions Act are elaborated upon in the Working Conditions Decree.  The Working Conditions Decree contains concrete provisions which employers must follow, classified by subject. Most of the EU-directives related to occupational safety and health have been implemented in this Decree.

The content (by chapter) of this Working Conditions Decree is the following:

  1. Definitions and scope.
    In this chapter attention is paid to specific sectors and specific groups of employees. Examples of specific sectors are the transport sector and the armed forces. Examples of specific groups of employees are young employees (younger than 18 years) and pregnant and breastfeeding employees.
  2. Health and safety management and organisation of work.
    This chapter deals with different aspects such as specific obligations for the petro-chemical industry related to the risk assessment and evaluation and obligation for occupational safety and health services.
  3. Organisation of workplaces.
    For example specific obligations are given for electrical installations, for the prevention of falling from height and for explosive atmospheres. Obligations related to the more technical aspects of the (re)building of workplaces can be found in the Building Decree 2012.
  4. Dangerous substances and biological agents.
    By far the biggest chapter of this Decree. This chapter does not deal with dangerous substances in general only, but also with some specific dangerous substances such as asbestos, conventional explosives and carcinogenic or mutagenic substances.
  5. Physical load.
    Two EU-directives have been implemented in this chapter of this Working Conditions Decree. The first one is the manual handling of loads (90/269/EEC) and the second one is working with display screen equipment (90/270/EEC).
  6. Physical factors.
    The seven sections of this chapter are: 1. Temperature and ventilation; 2. Lighting; 3. Noise; 4. Vibrations; 5. Radiation; 6. Artificial optical radiation; 7. Working under excess pressure (diving).
  7. Work equipment and specific activities.
    Provisions are given how to handle safely with work equipment. This is not the implementation of the Machinery-directive (2006/42/EC). This directive has been implemented in the Commodities Act.
  8. Personal protective equipment and health and safety signs.
    Two EU-directives have been implemented in this chapter of this Working Conditions Decree: the PPE-directive (89/656/EEC) and safety and health signs at work directive (92/58/EEC).
  9. Obligations, offences, violations, administrative provisions and transitional and final provisions.

A recent change in the Working Conditions Decree is:

  • More strict rules for legal certification procedures in chapter 1 of the Working Conditions Decree (effective since 1-1-2012). This can be found in the articles 1.5a up till article 1.6  of the Working Conditions Decree.
  • Less complicated rules have been implemented for work which is not carried out at the workplace in the office (effective since 1-7-2012). Formerly this was called “Home work” in the Dutch legislation but now this is decribed as “Workplace independent  work”. If the employees have the right to work outside the office (for example at home), the employer has to comply with some regulations based upon the Working Conditions Decree (Chapter 1, section 10 of the Working Conditions Decree). For example regulations related to VDU-activities.

The Working Conditions Regulation

Very specific provisions which are changing relatively fast. For example the occupational exposure limit for dangerous substances.

Full text version 1-09-2016 of the Working Conditions Regulation

Last update May 2013

The Working Conditions Regulation is changed many times a year. It is a relatively easy process to change this regulation. The content, related to the chapters, of this Working Conditions Regulation is exactly the same as the content of the Working Conditions Decree.

This Working Conditions Regulation contains a lot of very detailed obligations. For example detailed obligations for measurement methods for asbestos (chapter 4 of the Working Conditions Regulations) or for quite specific obligations for VDU-work.

Especially the annexes of the Working Conditions Regulations have been changed during the last year. These changes are part of a vast operation of the Ministry of Social Affairs and Employment to make strict provisions for the certification of services, processess, products and persons. There are several subjects in the Working Conditons legislation where a legal certificate is obligatory. For example for occupational safety and health services and for the expert supervisor in asbestos removal. For all those subjects a certification scheme has been made. And for all the subjects the Ministry has also made a scheme for the certification bodies who wants to certify services, processes, products and persons.
All these annexes include several hundred pages of very detailed provisions. It is too time-consuming and costly to translate them all.
The content of the annexes of the Working Conditions Regulation is:

  • Annex I: Safety management system as mentioned in article 2.5a Working Conditions Decree
  • Annex II: Internal emergency plan  as mentioned in article 2.5c Working Conditions Decree
  • Annex IIa: Designation of certification bodies which can certify the occupational safety and health experts, as mentioned in article 2.14 Working Conditions Regulation
  • Annex IIb: Certification scheme for the certificate of competence of the industrial hygienist, as mentioned in article 2.7 Working Conditions Degree
  • Annex IIc: Certification scheme for the certificate of competence of the safety specialists, as mentioned in article 2.7 Working Conditions Degree
  • Annex IId: Certification scheme for the certificate of competence of the occupational and organisational science experts, as mentioned in article 2.7 Working Conditions Degree
  • Annex IV: Safety and health document for the mining industries, as mentioned in article 3.9 point b. Working Conditions Regulation
  • Annex V: Fire-fighting plan which should be in the safety and health document for the mining industries, as mentioned in article 3.9 point c. Working Conditions Regulation
  • Annex VI: A.o. risks for the safety and health document for the mining industries for permanent mining installations as mentioned in article 3.6, paragraph 1, point b. and 3.9 points f. and i. of the Working Conditions Regulation
  • Annex VII: A.o. risks for the safety and health document for the mining industries for transportable mining installations as mentioned in article 3.6, paragraph 1, point c. and d. and 3.9 points f. and i. of the Working Conditions Regulation
  • Annex VIII: Emergency plan for mining industries (drilling), as mentioned in article 3.14 Working Conditions Regulation
  • Annex IX: Safety and health declaration for gas experts, as mentioned in article 4.1 point t. Working Conditions Regulation
  • Annex XI: Designation of certification bodies for a process certificate for the detection of conventional explosives, mentioned in article 4.17e Working Conditions Regulation
  • Annex XII: Certification scheme for a process certificate for the detection of conventional

Explosives, as mentioned in article 4.17f Working Conditions Regulation

  • Annex XIIa:  Designation of certification bodies  for the certificate of competence in the handling of commercial fireworks, as mentioned in article 4.17b Working Conditions Regulation
  • Annex XIIb: Certification scheme for a certificate of competence in the handling of commercial fireworks, as mentioned in article 4.17b Working Conditions Regulation
  • Annex XIIc: Assessment of risk of exposure to hazardous substances in combination, as mentioned in article 4.18 Working Conditions Regulation
  • Annex XIII: List of limit values of dangerous substances, carcinogenic or mutagenic substances, as mentioned in article 4.3, paragraph 1 and 4.16, paragraph 1 Working Conditions Decree
  • Annex XIIIa:  Certification scheme for the asbestos inventory process certificate, as mentioned in article 4.27, point a. Working Conditions Regulation
  • Annex XIIIb: Certification scheme for the asbestos removal process certificate, as mentioned in article 4.27, point b. Working Conditions Regulation
  • Annex XIIIc: Certification scheme for the expert supervisor in asbestos removal certificate of competence, as mentioned in article 4.27, point c. Working Conditions Regulation
  • Annex XIIId: Certification scheme for the expert in asbestos removal certificate of competence, as mentioned in article 4.27, point d. Working Conditions Regulation
  • Annex XIIIe: Designation of certification bodies  for the certification of asbestos removal companies and asbestos inventory companies, as mentioned in article 4.28, point a. Working Conditions Regulation
  • Annex XIIIf: Designation of certification bodies  for the certification  of the expert supervisor in asbestos removal and the expert in asbestos removal, as mentioned in article 4.28, point b. Working Conditions Regulation
  • Annex XIIIg: Exchange of information between the Labour Inspection and the certification bodies regarding asbestos removal, as mentioned in article 4.29 Working Conditions Regulation
  • Annex XIV: Decision scheme for indoor painting on metal parts, as mentioned in article 4.32a, paragraph 3, point a. Working Conditions Regulation
  • Annex XV: Maximum amount of volatile organic substances allowed in products in order to repair paint damage or restore paint layers on parts of motor vehicles, as mentioned in article 4.32f, paragraph 2, point a. and paragraph 4 Working Conditions Regulation
  • Annex XVI: Designation of certification bodies  for the certification of training institutes for work under excess pressure, as mentioned in article 6.1, paragraph 2 Working Conditions Regulation.
  • Annex XVIa: Certification scheme for the diving doctor certificate, as mentioned in article 6.5, paragraph 1 Working Conditions Regulation
  • Annex XVIb: Certification scheme for the dive team leader certificate, as mentioned in article 6.5, paragraph 2 Working Conditions Regulation
  • Annex XVIc: Certification scheme for the diver certificate, as mentioned in article 6.5, paragraph 2 Working Conditions Regulation
  • Annex XVId: Certification scheme for the diving medical officer certificate, as mentioned in article 6.5, paragraph 4 Working Conditions Regulation
  • Annex XVIe: Certification scheme for the dive team leader certificate for the fire brigade, as mentioned in article 6.6, paragraph 1 Working Conditions Regulation
  • Annex XVIf: Certification scheme for the diver certificate for the fire brigade, as mentioned in article 6.6, paragraph 2 Working Conditions Regulation
  • Annex XVII: Designation of certification bodies  for the certification of training institutes for a certificate of competence for vertical transport, as mentioned in article 7.7 Working Conditions Regulation
  • Annex XVIIa: Certification scheme for a certificate of competence for mobile tower crane operators, as mentioned in article 7.7, paragraph 2, point a. Working Conditions Regulation
  • Annex XVIIb: Certification scheme for a certificate of competence for tower crane operators, as mentioned in article 7.7, paragraph 2, point b. Working Conditions Regulation
  • Annex XVIIc: Certification scheme for a certificate of competence for mobile crane operators, as mentioned in article 7.7, paragraph 2, point c. Working Conditions Regulation
  • Annex XVIId:  Certification scheme for a certificate of competence for earth-moving machine with hoist function operators, as mentioned in article 7.7, paragraph 2, point d. Working Conditions Regulation
  • Annex XVIIe: Certification scheme for a certificate of competence for self-loading crane with hoist function operator, as mentioned in article 7.7, paragraph 2, point e. Working Conditions Regulation
  • Annex XVIIf: Certification scheme for a certificate of competence for long-reach cranes with a hoist function operator, as mentioned in article 7.7, paragraph 2, point f. Working Conditions Regulation
  • Annex XVIIg: Certification scheme for a certificate of competence for small mobile pile-driver operator , as mentioned in article 7.7, paragraph 2, point g. Working Conditions Regulation
  • Annex XVIIh: Certification scheme for a certificate of competence for large mobile pile-driver operator , as mentioned in article 7.7, paragraph 2, point h. Working Conditions Regulation
  • Annex XVIII: Overview of all different safety and health signs, as mentioned in article 8.10 Working Conditions Regulation
  • Annex XIX: Overview of all different hand-arm signs, as mentioned in article 8.26 Working Conditions Regulation

Major Accidents Legislation

Some typical elements in the Dutch occupational safety and health legislation

The employer is obliged to contract an occupational safety and health service or an occupational physician. The OSH-service or the occupational physician has to perform four tasks for the employer:

  1. Assisting employees who are not able to work because of illness;
  2. Reviewing the risk assessment and evaluation;
  3. Conduction the periodic occupational health examination;
  4. Conduction the pre-employment medical examination.

Especially task number 1 is important. Because in the Netherlands the social security system obliges the employer to pay at least 70% of the salary of the employee who has fallen ill. So, it’s very costly for an employer not to pay attention to the assistance of sick employees by an OSH-service or an occupational physician.

The OSH-service or the occupational physician in the Netherlands are external organisations/specialists mostly. The Dutch employers have to designate an internal employee with some knowledge of OSH as well. This person is called a designated worker or the prevention worker. This prevention worker has to assist the employer with the risk assessment and evaluation, and also assist the work council with OSH related matters.

It is sometimes difficult, especially for small and medium sized enterprises, to find proper solutions and ideas for OSH-problems. In the Netherlands many branches have made so-called OSH-catalogues; in these OSH-catalogues one can find branche-made solutions. These solutions are approved by the Labour Inspectorate.

Read more about the Dutch OSH system

Relevant links