Welfare Act

25/06/2021

The Welfare Act is the basis of occupational health and safety legislation. The following is a list of the main points in this law:

  • A welfare policy is mandatory for every employer.

This policy is based on general principles:

o Prevent, eliminate or reduce risks at the source

o Preference for collective protective equipment over individual protective

equipment

o Provide training and information to employees

Integrate this policy into the overall management of your company.

  • You must have an Internal Service for Prevention and Protection at Work (ISPPW). This service will identify the risks to employees, but for certain aspects of this task you will need to call on an External Service for Prevention and Protection at Work (ESPPW). These specialised external services are responsible for risk assessment and separate departments are responsible for the medical supervision of workers.
  • External services for technical checks in the workplace.
  • Arrangements for working with third parties (contractors, builders), in particular the exchange of information and coordination between the client and a third-party employer or self-employed person.
  • Employment of temporary workers at users' premises.
  • Arrangement of temporary or mobile construction sites: relationships between the various participants in the realisation of a construction project, appointment of health and safety coordinators (draft + realisation).
  • The High Council for Prevention and Protection at Work.
  • The Committee for Prevention and Protection at Work, with a main focus on:

o In enterprises where no committee has been established, the tasks of the committee are carried out by the trade union delegation.

o Where there is no committee or trade union delegation, the workers

themselves are consulted directly.

  • Arrangement of the prevention of psychosocial risks at work, including stress, violence, bullying and sexual harassment at work.
  • Measures to prevent the recurrence of serious occupational accidents.

More information on this subject can be obtained first of all from the prevention advisor of the internal and/or external service for prevention and protection at work.

Secondly, you can contact the competent regional management of the Supervision of Wellbeing at Work.

More information on the interpretation of the regulations can be requested in writing from the Directorate General for Humanisation of Labour.

We will discuss this Welfare Act in more detail in the next blog posts.

- Translated from Dutch by Tamara Swalef -