Role Works Council in Risk Inventory & Evaluation (RI&E).

The Works Council has a significant role in shaping the RI&E and its accompanying action plan. In the Netherlands, all employers with employees are legally required to conduct a Risk Inventory and Evaluation (RI&E).

This assessment mandated by the Dutch Working Conditions Act [Arbeidsomstandighedenwet/Arbowet] is vital for employers to fulfil their legal obligation of ensuring employee health and safety.

The Works Council has a significant role in shaping the RI&E and its accompanying action plan.

Purpose of the Risk Inventory and Evaluation Netherlands

The RI&E has been a cornerstone of Dutch occupational health and safety legislation for decades. It is mandatory for all employers with employees, since January 1, 1994, when industrialisation brought about new challenges for workplace safety.

The purpose of the risk assessment is to identify and evaluate risks to employee health and safety in the workplace and to develop measures to mitigate or eliminate these risks. It consists of:

1. A comprehensive list of all health and safety risks presents in the organisation.
   Employers are required to evaluate the risks within their workplace and record their observations in a formal RI&E report.
2. A detailed plan delineating the steps to address and resolve these issues.
   The report must include a plan of action outlining the measures the employer will take to address the identified risks.

Role of the Works Council in RI&E Process

For the RI&E, this means the employer should request the Works Council for consent in regard to:

1. The RI&E tool/instrument the company intends to use. Usually consent is required only once, the first time using the RI&E or when the employer will change the tool.
2. The structure and content of the basic contract with the Occupational Health & Safety provider, or expert involved in assessing the RI&E. Consent is required only once, either when first engaging the party or when changing vendor.
3. The validated RI&E and the action plan and any updates on a regular basis.

The Works Council has a significant role in shaping the RI&E and its accompanying action plan. Employer actions regarding both the execution of the RI&E and the implementation of the action plan require the Council’s consent.

As part of their oversight duties, the Works Council (or the Works Council Committee Arbo/Health & Safety) should ensure the following:

• Regular updates: Are the RI&E and the action plan reviewed and updated regularly, and how frequently?
• Evaluation process: Are there proper procedures in place to evaluate the adequacy and effectiveness of the RI&E and its action plan?
• Risk weighting: Are risks assessed fairly and accurately?
• Actions: Are the measures outlined in the action plan being implemented as intended?

Works Council Advisors

Navigating the complexities of Works Council regulations can be challenging. Our Works Council Consultants are here to assist you. With expertise in various fields, including corporate restructuring, HR policies, and labour conditions, we can provide the guidance you need to ensure your Works Council consultation on the RI&E process will operate smoothly and in full legal compliance.

Get in touch now to get started!

More Information

• Mandatory Risk Inventory and Evaluation (RI&E) Netherlands.
• Understanding Works Council Committees in the Netherlands.
• Academy – Works Council Training Netherlands.
• Works Council Netherlands Rights & Responsibilities.