Occupational Health and Safety Service (OHSS) Vendor Contract
What are the minimum requirements of the Arbo contract?
According to the Working Conditions Act, every employer must conclude a basic contract with an Occupational Health & Safety Service provider (OHSS) [Arbodienstverlener]. What minimum requirements should this basic contract meet?
With the renewal of the Working Conditions Act as of 1 July 2017, the legislator opted for a compulsory basic contract for working conditions services, in order to strengthen the prevention of health complaints. The contract must therefore meet a number of legal requirements. First of all, these are four parts; the risk inventory & evaluation (RI&E), absenteeism supervision and absenteeism prevention, periodic occupational health examination (PAGO) and appointment assessments.
In addition, the vendor contract must pay attention to requirements that health and safety legislation has made mandatory for employers since 1 July 2017. This concerns "quality components" that must sufficiently guarantee the independent judgment and advice of the Company Doctor. Each employee is also entitled to a second opinion from a different, independent Company Doctor.
Another element that must be included in the basic contract is that the Company Doctor must be able to consult with the prevention officer and the Works Council [Ondernemingsraad, OR] or personnel representation (PVT).
The Occupational Health & Safety Service provider must also have a complaints procedure and the contract must indicate that the Company Doctor has sufficient time to identify and report.
Safety net scheme and custom scheme
For occupational health and safety services, you can choose between a safety net and a tailor-made scheme. The safety net scheme means that you use the services of a certified health and safety service.
With a tailor-made scheme, you determine how you organize occupational health and safety tasks internally with the mandatory use of at least one company doctor. It does not matter which scheme you choose for the basic contract. However, you must apply the safety net scheme if the representative advisory body (OR, PVT) rejects a proposal for a customized scheme.
Companies without a representative advisory body cannot apply a tailor-made scheme, unless the collective labor agreement makes this possible. A tailor-made scheme can be useful if you prefer to work on a small scale and with short lines and want to purchase targeted occupational health and safety services. Make sure that you then have sufficient expertise.
Basic plus vendor contracts
Occupational Health & Safety Service providers offer a total package for a fixed price per employee and also basic plus contracts. It is possible to request additional occupational tasks, for example, lifestyle advice to employees, absenteeism counseling or individual coaching.
It is important to evaluate the vendor contract after one year to review their service and whether a package price or whether a price based on activities better suits the need of to your organisation.
Consultation Works Council
In case the company has a Works Council or PVT, please note that the employee representation must agree with the content of the basic contract. Involvement the prevention officer is also important, because of the importance of this role according to the working conditions policy.
Sick Leave Policy
The law sets all sorts of obligations for both the employee and the Employer to facilitate as much as possible the speedy recovery of the Employee. The purpose of the Sick Leave Regulation/ Protocol is to provide guidelines, expectations and obligations, during Sickness Absence, for Employer and Employees in accordance to the Permanent Incapacity Benefit (Restrictions) Act. Each company is obliged to have a Sickness Absence Policy outlining the expectations and obligations of Employer and Employee during Sickness Absence, in accordance to the Permanent Incapacity Benefit (Restrictions) Act.