The Occupational Health and Safety Service provider Netherlands plays a crucial role in supporting employers in maintaining optimal working conditions for employees.
The Dutch Working Conditions Act [Arbeidsomstandighedenwet/Arbowet] requires every employer to conduct a health and safety policy aimed to provide optimal working conditions for employees.
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What Is Arbo in the Netherlands?
Arbo in Dutch is the abbreviated term for the working conditions in the Netherlands. The Occupational Health & Safety provider in the Netherlands is in Dutch: Arbodienst.
The services of the Occupational Health & Safety Service provider are called in Dutch Arbo Services.
The support covers the areas such as mandatory Risk Inventory & Evaluation (RI&E) and execution of the Sick Leave in the Netherlands.
Working Conditions Act Netherlands – Arbo Law Netherlands
The Dutch Working Conditions Act is in Dutch Arbeidsomstandighedenwet/Arbowet. The law outlines the rights and responsibilities of the employer and employees, temporary staff, and subcontractors in regard to Health and Safety regulations in the Netherlands.
Responsible for occupational health and safety in the Netherlands is the Ministry of Social Affairs and Employment (Sociale Zaken en Werkgelegenheid or SZW).
The Netherlands Labour Authority (NLA) is the Netherlands equivalent of an OSHA; the Occupational Safety and Health Administration in the USA. The NLA is responsible for enforcing the Working Conditions legislation.
The areas that employers need to address regarding health and safety in the Netherlands include:
- Health & Safety Policy
- Risk Inventory & Evaluation (RI&E)
- Emergency Response Officers
- Confidential Counsellor
- Prevention Officer (Health & Safety Officer)
- Grievance Policy & Procedures
- Bullying and Harassment Policy
- Sick Leave Policy
- Code of Conduct
What Is an Occupational Health & Safety Service Provider Netherlands?
The Occupational Health and Safety Service provider offers services to employers regarding the working conditions such as support with the mandatory Risk Inventory & Evaluation (RI&E) and execution of the Sick Leave in the Netherlands.
According to the Dutch Working Conditions Act employers have to outsource part of the sick leave process to the Occupational Health & Safety Service provider.
Company Doctor
The Company Doctor gives advice in the area of employment and health and is usually working at the Occupational Health & Safety Service provider.
The Company Doctor supports the employee and employer during the reintegration phase, to make sure the employee will return to work as quickly and responsibly as possible. After each visit, the doctor will provide advice to the employee, employer, and Case Manager about the next steps.
Minimum Requirements Basic Contract
With the renewal of the Working Conditions Act, the legislator opted for a compulsory basic contract for working conditions services, in order to strengthen the prevention of health complaints.
This contract with the Occupational Health & Safety Service provider should encompass four essential components:
- Risk Inventory & Evaluation (RI&E)
- Absenteeism monitoring and prevention
- Periodic occupational health examinations (PAGO)
- Appointment assessments
Furthermore, the vendor contract must adhere to the mandatory requirements set forth by health and safety legislation. These encompass “quality components” aimed at ensuring the impartial judgment and advice of the Company Doctor.
Additionally, each employee has the right to seek a second opinion from an alternative, independent Company Doctor. Moreover, the Occupational Health & Safety Service provider must establish a complaints procedure, and the contract must stipulate adequate time for the Company Doctor to conduct assessments and provide reports.
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 organise 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.
Basic Plus Vendor Contract
Occupational Health & Safety Service providers also offer a total package for a fixed price per employee and also basic plus contracts. It is possible to request pricing for additional occupational tasks, for example, lifestyle advice to employees, absenteeism counselling or individual coaching.
It is important to evaluate the services and the vendor contract frequently, whether a package price or whether a price based on activities better suits the need of the organisation.
Consultation Works Council
In case the company has a Works Council, please note that the implementation of a contract or any changes related to the contract with the Occupational Health & Safety Service provider is subject to Works Council’s Right of Consent / Right of Approval article 27 of the Works Councils Act.
Involvement of the prevention officer during the contractual arrangements is also advised, due to the nature and importance of this role.
Sick Leave Policy Netherlands
Dutch employment law sets all sorts of obligations in the weeks of illness for both the employee and the employer to facilitate as much as possible the speedy recovery of the employee.
The comprehensive Absence Netherlands Policy in English or in Dutch outlines the company’s code for employees who are ill and are unable to attend work and includes:
- The scope and explanatory of parties involved in the process.
- How to report Sick Leave, return and partly return from Sick Leave.
- The percentage of sick pay including the payroll process
- Mandatory steps for employer and employee during Sick Leave.
- Glossary of Terms.
Protect your company and ensure compliance with Dutch regulations by drafting a mandatory policy.
Contact us today to speak with our experienced employment lawyer and safeguard your workplace environment.
FAQ
What is Arbo in Dutch?
Arbo in Dutch is the term for the working conditions in the Netherlands. The Dutch Working Conditions Act is called Arbowet or Arbeidsomstandighedenwet. The law requires every employer to conduct a health and safety policy aimed to provide optimal working conditions for employees.
What is an Arbodienst?
The Occupational Health and Safety Service provider is named in Dutch Arbodienst. The provider plays a crucial role in supporting employers in maintaining optimal working conditions for employees.
