Occupational Safety and Health Convention, 1981 (No. 155) - Netherlands (RATIFICATION: 1991)

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To provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 115 (radiation protection), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 (OSH), 162 (asbestos), 170 (chemicals) and 174 (prevention of major industrial accidents) together.

The Committee notes the joint observations of the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) on Conventions Nos 139, 155, 170 and 174, received in 2021, and the Government’s response in this respect.

General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. National OSH policy. Consultation with the most representative organizations of employers and workers. With regard to its previous comment on consultations with the social partners, the Committee notes that the Government indicates in its report that it continues to involve the social partners in the periodic discussions of the national OSH policy and future policy planning, specifying that: (i) in May 2020, the Ministry of Social Affairs and Employment organized a virtual open dialogue on the new strategic vision of the OSH policy 2040 with employers, workers, occupational health experts, occupational health services and the labour inspectorate participating in three sessions; and (ii) on the basis of this dialogue, the Government has submitted a formal request to the tripartite Social and Economic Council for advice on the OSH vision 2040. The Government also indicates that regular informal consultations have been held between the labour inspectorate and the trade union federations for environmental analysis and that every year stakeholders, including representatives of employers and workers, are consulted on the annual report (in March-April) and the annual plan (in September–October) of the labour inspectorate. In this regard, the Committee notes that the FNV and CNV are of the view that the Government fails to formulate, implement and periodically review a coherent national OSH policy and that the ad hoc and periodical consultations referred to by the Government do not lead to a such policy. The Committee requests the Government to continue to provide information on any progress made in the formulation of the OSH policy 2040, including information on the consultations held with the tripartite Social and Economic Council in this regard, and to provide a copy of the national OSH policy once it has been adopted. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that the above-mentioned OSH policy is periodically reviewed in consultation with the social partners.

Article 11(c). Notification of occupational diseases. With regard to its previous comment on the system for the notification of occupational diseases, the Committee notes that the Government provides information on measures taken, indicating that: (i) following an amendment to the Working Conditions Act adopted in 2017, a basic contract for the provision of OSH services to employers was introduced, which includes minimum rights and obligations for employers, workers and providers; (ii) the basic contract states that occupational physicians shall report occupational diseases to the Netherlands Centre for Occupational Diseases (NCvB) and have to be able to devote time to this; and (iii) the NCvB is assisting and encouraging occupational physicians and OSH services to report occupational diseases through refresher courses, a helpdesk and the simplification of reporting procedures. The Government expects that by improving the infrastructure for reporting occupational diseases to the NCvB, the number of reported cases will increase. Regarding the latter, the Committee notes that, in their observations on the application of the Labour Inspection Convention, 1947 (No. 81), the FNV and CNV refer to the underreporting of occupational diseases to the NCvB and point out that this may be due to the non-compliance with reporting obligations by occupational physicians, the reduced contact of occupational physicians with workers for routine examinations, the lack of information on occupational diseases among self-employed and precarious workers, as well as the absence of a separate (additional) statutory insurance for occupational diseases. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on further measures taken or envisaged in order to improve the rate of notification of occupational diseases to the NCvB, as well as statistics on the reports received by the NCvB.

Regarding notification to the labour inspectorate, the Committee requests the Government to refer to its direct request regarding the application of Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification of occupational diseases). 

B.Protection against specific risks

1.Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention. Laws and regulations. Consultation. The Committee notes the adoption in 2017 of the Decree on basic safety standards for radiation protection and in 2018 of the Regulation on radiation protection for occupational exposure. The Committee also notes the Government’s indication that the Decree on basic safety standards for radiation protection has repealed the Decree on radiation protection of 2001 and has implemented the Council Directive 2013/59/Euratom of 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionizing radiation. The Committee requests the Government to provide information on the consultations held with representatives of employers and workers prior to the adoption of the Decree on basic safety standards for radiation protection and its corresponding Regulation.

Articles 2(2) and 6(1). Exemptions.The Committee notes that sections 11.7(1) and 7.31(1) of the Decree on basic safety standards for radiation protection provide that the competent authorities may grant exemptions from the provisions of its Chapter 7 concerning occupational exposure to radiation and from the dose limits prescribed in section 7.34 for workers directly engaged in radiation work, respectively. The Committee requests the Government to provide information on any exemptions that may have been adopted under the above-mentioned provisions.

Articles 3(1), 6 and 7. Effective protection of workers in the light of the knowledge available. Maximum permissible doses. 1. Protection for pregnant and breastfeeding workers. With regard to its previous comment on the methods of protection at work for workers who are pregnant, the Committee notes that the Government refers to section 7.36(1) of the Decree on basic safety standards for radiation protection, which provides that the employer shall ensure that the working conditions for pregnant workers are such that the equivalent dose for the unborn child is as low as reasonably achievable and that it is unlikely that this dose will exceed 1 mSv from the moment the pregnancy is reported to the employer until the end of the pregnancy. The Committee notes that the Government also indicates that, pursuant to section 7.29(1) of the Decree on basic safety standards for radiation protection, the employer shall ensure that, before the commencement of work, women workers who are likely to be exposed to ionizing radiation are adequately informed of: (i) the need to report a pregnancy at an early stage in view of the risks of exposure to ionizing radiation for the unborn child; and (ii) the risks to a breastfed child from contamination from the mother's body. The Committee notes this information, which addresses its previous request.

2. Persons between 16 and 18 years of age. Prohibition on the engagement of workers under the age of 16 in work involving ionizing radiation. The Committee notes the Government’s indication that, pursuant to sections 7.4 and 7.35 of the Decree on basic safety standards for radiation protection, workers under the age of 18 are prohibited from working with radioactive sources with the sole exception of students from 16 years of age studying a profession in the nuclear or radioprotection field. The Committee notes that the dose limits provided for in the Decree on basic safety standards for radiation protection for this group have been established in accordance with the recommendations of the International Commission on Radiological Protection. Noting the absence of specific information in this respect, the Committee requests the Government to indicate whether maximum dose limits have been established for apprentices between the ages of 16 and 18 who are being trained for employment involving radiation, or whether the dose limits for students in sections 7.4 and 7.35 also apply to apprentices.

3. Lens of the eye. With regard to its previous comment on the review of the maximum permissible doses established with respect to the lens of the eye for radiation workers and for students and apprentices between 16 and 18 years of age, the Committee notes with interest that the Government refers to sections 7.34(2) and 7.35(2) of the Decree on basic safety standards for radiation protection, which respectively fix the limits for the equivalent dose for the lens of the eye at 20 mSv a year for workers directly engaged in radiation work and at 15 mSv a year for students between the ages of 16 and 18 who are exposed to radiation in the course of their studies. The Committee notes this information, which addresses its previous request.

Article 9(2). Adequate instruction of all workers engaged in radiation work. The Committee notes that section 7.28 of the Decree on basic safety standards for radiation protection provides that the employer shall ensure: (i) appropriate training and information programmes for workers, focusing, where appropriate, on high-activity sources; and (ii) that the employees cooperate in the information meetings and training organized for them, and comply with the instructions given to them pursuant to the Decree on basic safety standards for radiation protection. The Committee requests the Government to provide detailed information on the training and information programmes for workers carried out under section 7.28 of the Decree on basic safety standards for radiation protection, specifying the measures adopted to ensure that workers engaged in radiation work are adequately instructed, before and during such work, in the precautions to be taken for the protection of their health and safety and the reasons thereof.

Articles 12 and 14. Medical examinations. Employment involving exposure to ionizing radiation contrary to medical advice. The Committee notes that section 7.11(1) to (3) of the Decree on basic safety standards for radiation protection provides that employers shall classify each worker directly engaged in radiation work as an A or B worker, for the purpose of individual monitoring and health surveillance: category A-workers are those who receive an annual effective dose greater than 6 mSv and category B-workers are those who are not classified as category A-workers. The Committee also notes that sections 7.21(4) and 7.25 of the Decree on basic safety standards for radiation protection provide respectively that: (i) medical examinations of category A-workers shall take place before the commencement of radiation work, periodically during employment (at least once a year) and after the period of employment as a category A-worker; and (ii) a worker shall not be employed in a specific position as a category A-worker if, according to the results of an initial health examination, he or she is not suitable for that position. The Committee requests the Government to provide information on the measures taken to ensure that: (i) category B-workers undergo appropriate medical examinations prior or shortly after taking up radiation work and subsequently undergo further examination at appropriate intervals (Article 12 of the Convention); and (ii) no category B-worker is employed or continues to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified advice (Article 14 of the Convention).

2.Occupational Cancer Convention, 1974 (No. 139)

Articles 2 and 6(a) of the Convention. Replacement of carcinogenic substances and agents. Consultations on measures to give effect to the Convention. With regard to its previous comment, the Committee notes that the Government indicates, in its report, that the occupational hygiene strategy prescribes substitution with less harmful substances as a first step as far as possible and makes a general reference to a self-inspection tool on working with hazardous substances available to employers on the website of the labour inspectorate. The Committee notes that the FNV and CNV reiterate that there is a lack of discussion on substitution of carcinogenic substances and that such substitution should be discussed in the tripartite Social Economic Council before determining limit values. Furthermore, the FNV and CNV indicate that the labour inspectorate is not in a position to provide information on the number of companies that have been inspected in relation to the application of section 4.17 of the Working Conditions Decree, which provides for the replacement of carcinogenic or mutagenic substances and processes with a view to minimizing the exposure of workers. The Committee requests the Government to provide information on further specific measures taken in practice to ensure that carcinogenic substances are replaced by non-carcinogenic substances or agents, or by less harmful substances or agents, including any discussion on the substitution of carcinogenic substances in the tripartite Social Economic Council. The Committee requests the Government to refer to its comment onArticle 6(c) (provision of appropriate inspection services) of the Convention. 

Article 3. Establishment of an appropriate system of records. With regard to its previous comment, the Committee notes the Government’s reference to a study of December 2017 on how to deal with work-related data and data on occupational side-effects to health, which the Committee noted in its previous comments on the Chemicals Convention, 1999 (No. 170). The Government indicates that, based on the 2017 study, improvements appear to be necessary in the field of compliance with the registration obligations of employers. In this regard, the Government refers to actions taken to disseminate information on the responsibilities of all stakeholders involved in the setting up a safe workplace when working with hazardous substances, as well as to improve compliance with risk-assessment obligations. The Committee notes that the FNV and CNV underline the absence of a commitment for action by the Government and indicate that an evaluation report on policy interventions prepared by the Government concluded that between 2012 and 2020 the communication actions did not have the expected policy effects. Recalling thatsection 4.15 of the Working Conditions Decree requires employers to keep a list of employees who are or may be exposed to carcinogenic substances, the Committee once again requests the Government to indicate the measures taken in practice by the labour inspectorate to identify companies where workers are exposed to carcinogenic substances and to ensure that these companies have established an appropriate system of records under the above-mentioned provision, as well as to indicate any consultations undertaken with the most representative organizations of employers and workers concerned.

Article 4. Workers provided with all the available information on the dangers involved from exposure. The Committee notes that the Government states that providing information, as well as education and internal supervision, are key regulatory provisions and that those matters have been the subject of much attention in the occupational disease prevention programme. In this respect, the Committee notes that the FNV and CNV indicate that these key regulatory provisions are neglected by employers and that the non-compliance with these provisions is partly the cause of most of the accidents investigated. Noting the absence of information in reply to its previous comment, the Committee once again requests the Government to provide information on concrete measures taken to ensure that workers, including “flex-workers”, exposed to carcinogens are provided with all the available information on the dangers involved and on the protective measures to be taken.

Article 5. Medical examinations after the period of employment. With regard to its previous comment, the Committee notes the Government’s indication that employers can request medical professionals to work out how to ensure transmission to the public medical services after the period of employment. The Committee requests the Government to provide information on concrete measures taken by medical professionals or public medical services to ensure that workers exposed to carcinogens are provided with medical examinations after the period of their employment.

Article 6(c). Provision of appropriate inspection services. With regard to its previous comment, the Committee notes that the Government indicates that the labour inspectorate has a specific inspection programme on health and safety issues related to work with hazardous substances and refers to the increased capacity of the labour inspectorate in this respect. The Committee notes that while the FNV and CNV acknowledge that these are improvements, they reiterate their concerns regarding the system of self-regulation of working conditions and the problems in the enforcement of the legal framework giving effect to the Convention. The Committee requests the Government to continue to provide information on specific measures taken in practice by the labour inspectorate to ensure that workplaces where workers may be exposed to carcinogens comply with the provisions of the Convention. Furthermore, the Committee requests the Government to refer to its comments regarding the application of Conventions Nos 81 and 129. 

3.Working Environment (Air Pollution, Noise and Vibration) Convention, 1977(No. 148)

Article 4 of the Convention. Protection against occupational hazards in the working environment. Air pollution. Noting the absence of information in reply to its previous comment, the Committee once again requests the Government to provide its comments with respect to the previous observations of the FNV and CNV that while there are limit values established for many chemical substances, there are no specific health and safety regulations related to ultrafine particles.

Article 11(3) and (4). Continued assignment to work. With regard to its previous comment, the Committee notes the Government’s indication in its report that, pursuant to section 7:658a(1) of the Civil Code, employers must offer suitable work in their own companies if workers are temporarily unable to carry out their own work due to incapacity for work and that where suitable work is not available in the employers’ companies, the employers must seek suitable work with another employer. The Committee notes that the above-mentioned provision appears to provide that alternative work with other employers will be in place for the period during which the original employer is obliged to continue to pay wages of the workers concerned under section 7:629 of the Civil Code (104 weeks) or the relevant provisions of the social security and insurance legislation. The Committee notes this information and once again requests the Government to provide specific information on the measures or provisions in place to ensure that the rights of workers under social security or social insurance legislation are not adversely affected.

4.Asbestos Convention, 1986 (No. 162)

Articles 3(1) and (2), 4, 9(2) and 15(1) of the Convention. Laws and regulations. Consultation with the most representative organizations of employers and workers. Special rules and procedures for certain work processes. Exposure limits. With regard to its previous comment, the Committee notes that, in its report, the Government provides information on amendments to the Working Conditions Decree adopted in 2014, 2016 and 2017. Pursuant to these amendments: (i) a new certification and accreditation system was introduced whereby statutory certificates, including those for work involving exposure to asbestos, can only be issued by bodies accredited by the Dutch Accreditation Council; (ii) the limit values for the exposure of workers to asbestos (chrysotile and amphibole groups) were reduced; and (iii) corresponding changes were made to the asbestos risk classification (which is used to determine the preventive measures to be taken) and to the process of assessing the safety of workplaces following work with asbestos. The Government indicates that the latter amendments were adopted considering advice from the Committee on Limit Values for Substances at the Workplace, which is part of the tripartite Social and Economic Council. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Application in practice. The Committee notes that, in reply to its previous comment, the Government provides information on the number of workers holding certificates for asbestos removal or demolition work (3,086 workers) and inventory activities (874 workers), specifying that the number of workers incidentally exposed to asbestos during maintenance work (mainly in the installation and constructions sectors) remains unknown. It also notes the Government’s indication that the total number of new occupational diseases due to exposure to asbestos in the past (including lung cancer and asbestosis) was estimated at around 1,300 in 2016 by the National Institute for Public Health and the Environment (RIVM), when limit values of exposure were higher. The Committee also notes that the Asbestos Validation and Innovation Centre was established in June 2020 as an independent body under the RIVM that advises the Ministry of Social Affairs and Employment on the occupational safety of methods used for asbestos removal work (including working methods, techniques, devices or machines). The Committee notes this information which responds to its previous request.

5.Chemicals Convention, 1990 (No. 170)

Article 11 of the Convention. Transfer of chemicals. Noting the absence of information in reply to its previous comment, the Committee once again requests the Government to indicate the measures taken for employers to ensure that when chemicals are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.

Application in practice. The Committee notes that the FNV and CNV reiterate most of their previous observations relating to problems in the enforcement of the legal framework giving effect to the Convention by the labour inspectorate. In this regard, the Committee notes that, as under the Occupational Cancer Convention, 1974 (No. 139), the Government refers to the inspection programme on health and safety issues surrounding work with hazardous substances and to the increased capacity of the labour inspectorate. It also indicates that compliance with relevant national legislation is enforced through traditional inspections and is further encouraged and promoted through, inter alia, self-inspection tools, making information on hazardous substances easily available to workers (via an online application), and information and awareness-raising campaigns. The Committee notes that the FNV and CNV recognize as an improvement the fact that the labour inspectorate is requesting information on hazardous substances from companies using these substances and testing the use of new enforcement methods in pilot-studies, such as requesting risk-assessments and chemical documents by digital enforcement. The Committee notes, however, that the FNV and CNV also point out that the labour inspectorate mainly focuses on awareness-raising activities, and generation of information and campaigns. The organizations further indicate that a 2019 study commissioned by the Government concluded that its previous policy (based on the idea of self-regulation of working conditions) has not led employers and workers to fulfil this public task. According to the FNV and CNV, the Minister of Social Affairs and Employment has considered that the aforementioned study includes interesting recommendations for the next policy agenda such as, , not focusing only on self-regulation and other soft instruments, but using a broader range of interventions. The Committee requests the Government to continue to provide information on specific measures taken to ensure that the provisions of the Convention are applied in practice, including any follow-up actions to the conclusions and recommendations of the 2019 study commissioned by the Government. Further, the Committee requests the Government to refer to its comments regarding the application of Conventions Nos 81 and 129. 

6.Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 4 of the Convention. National policy. With regard to its previous comment on possible amendments to the Additional Risk Assessment and Evaluation (ARIE) Regulations, the Committee notes the Government’s indication, in its report, that these Regulations, which provide for supplementary risk assessment and evaluation obligations for companies working with large quantities of dangerous substances, were not amended between 2014 and 2021, but are undergoing revision and are expected to be amended in 2022. The Government also indicates that the recommendations of the tripartite Social Economic Council are being taken into consideration in the amendment process. The Committee notes that the FNV and CNV generally agree with the amendments to the ARIE Regulations and propose a number of recommendations in this regard, which the Government indicates will be taken into consideration.

Furthermore, the Committee also notes the Government’s indication that the Decree on hazards of major accidents of 2015, which implements the Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, will be repealed in the framework of a major adjustment of all environmental, nature and surroundings legislation that is also planned for 2022. The Committee requests the Government to provide detailed information on how effect is given to each provision of the Convention following such legislative reform process. It also requests the Government to provide copies of all relevant laws and regulations once adopted.

Article 16(a) and (b). Responsibilities of the competent authorities concerning off-site emergency preparedness. With regard to its previous comment, the Committee notes that the Government indicates that relevant information on off-site emergencies can be found on official websites containing a map of all risks to the public (for example, an accident involving dangerous substances), as well as instructions on actions to be taken. The Committee notes that this risk map has been developed within the framework of the Act on Safety Regions, according to which off-site emergency plans are drafted by local authorities. The Committee also notes the Government’s indication that in the event of a major accident, there are several ways of notifying the public under the Act on Safety Regions, including through a local alarm and signal system, a digital alert in harmful and life-threatening situations, such a major fire, and mobile notifications. The Committee takes note of this information which responds to its previous request.

Article 17. Siting of major hazard installations. With regard to its previous comment, the Committee notes that the Government indicates that the General Provisions Act (WABO) is the basis for many of the permits relating to the physical living environment and that together with the Environmental Management Act, they are the legal basis for ensuring that major hazard sites are separated from other areas. Moreover, it indicates that permits for major hazard installations are revised every five years under the above legislation if anything has changed. The Committee notes that also in the framework of the aforementioned legislative reform process, amendments regarding the siting of major hazard installations are expected to be adopted in 2022. The Committee requests the Government to refer to its comment on Article 4 (national policy) of the Convention.

Application in practice. The Committee notes the information provided by the Government in reply to its previous request concerning the actions undertaken to improve safety at major hazard companies and the cause of the increase in the number of safety reports received by the labour inspectorate since 2011. The Committee takes note of this information which responds to its previous request.

C.Protection in specific branches of activities

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee notes the information provided by the Government, in its report, in reply to its previous request concerning: (i) the adoption of a new policy rule on OSH catalogues in 2019, the tools in place to assist the social partners in developing and improving OSH catalogues (for example, digital support to develop specific OSH catalogues and guidance manuals on a range of specific risks at work) and the number of OSH catalogues approved by the labour inspectorate (approximately 150); (ii) the amendment of Chapter 2, section 5 on construction processes of the Working Conditions Decree in 2016, which aimed at improving compliance with the relevant provisions and allowing better enforcement; and (iii) the number of workplaces in the building sector (190,340 in 2019 and 202,455 in 2020), the number of enterprises inspected (829 in 2019 and 844 in 2020), the number of accidents, including fatal accidents (470 in 2016 (fatal accidents: 16); 503 in 2017 (fatal accidents: 20); 415 in 2018 (fatal accidents: 11) and 374 in 2019 (fatal accidents: 14)). The Committee takes note of this information which responds to its previous request.

Furthermore, the Committee recalls that the ILO Governing Body at its 334th Session, October–November 2018, on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of Convention No. 62 as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) for the consideration of its abrogation. The Governing Body requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning OSH in construction, the Safety and Health in Construction Convention, 1988 (No. 167). The Committee encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying Convention No. 167.

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The Committee notes the observations made by the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and the Trade Union Federation of Professionals (VCP), as well as the joint observations made by the Confederation of Netherlands Industry and Employers (VNO–NCW) and the Royal Association of Dutch SME Entrepreneurs (MKB Netherlands), communicated by the Government with its report.

The Committee notes the information provided by the Government in relation to the effect given to the following Articles of the Convention: Articles 1(1), 4 and 8 (scope of application, national occupational safety and health (OSH) policy and the measures taken to give effect thereto, self-employed workers); Article 10 (measures to provide guidance to employers and workers, safety and health obligations); Article 17 (two or more undertakings engaged in activities simultaneously at one workplace); and Article 19(c) and (e) (information and consultation at the level of the undertaking).

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes that the report of the tripartite committee set up to examine the representation alleging non-observance by the Netherlands of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Occupational Safety and Health Convention, 1981 (No. 155), made under article 24 of the ILO Constitution by the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and the Trade Union Federation of Professionals (VCP) (formerly the Trade Union Confederation of Middle and Higher Level Employees’ Unions (MHP)) was adopted by the Governing Body at its 322nd Session (November 2014).

Articles 4, 7 and 8 of the Convention. Follow-up by the Government with the social partners to the issues raised in the representation under article 24 of the ILO Constitution, in the context of the review of the national policy. The Committee previously requested the Government, in accordance with the corresponding recommendations of the tripartite committee, to follow up on the issues discussed in the abovementioned representation in the context of the periodic review of the national OSH policy, and to provide information on the identification of major problems of coherence, the methods taken for dealing with them, and priorities for action. The Committee notes that the FNV, CNV and VCP indicate that they consider it to be most regrettable that the inspectorate unilaterally ended the periodic informal consultation with the trade unions about health and safety issues. For two years, there has been no joint consultation. Instead of the former periodic meetings and discussions, the inspectorate sent the draft of the annual programme for comments in mid-summer, during a period when many trade union representatives were on holiday. The Committee further notes the observations of the FNV, CNV and VCP that only one meeting with the Government had taken place to discuss the conclusions in the article 24 representation in April 2015 on the initiative of the Dutch trade union confederations, and that no tripartite meeting with the employers association has yet taken place.

In this regard, the Committee notes the Government’s indications that it will continue to involve the social partners in the formulation, implementation and periodical review of the national OSH policy, as it has done in the past. The Government indicated that, in 2012, the social partners represented in the Social and Economic Council (SER) unanimously supported the Dutch OSH system. The Government further indicates that periodic deliberations with the social partners in order to optimize the OSH policy and enforcement will be initiated this year, including on the annual labour inspection programme and the annual labour inspection report. Moreover, the recommendations in the report of the tripartite committee have already been discussed with the intention of further improvement of the performance of OSH policy and enforcement. The Committee requests the Government to provide information on the concrete steps taken to continue to involve the social partners in the formulation, implementation and periodical review of the national OSH policy, and in particular to follow up on the issues discussed in the abovementioned representation.

Article 11(c). Notification of occupational diseases. The Committee recalls that the tripartite committee considered in its report that there were shortcomings in the reporting of occupational diseases to the Netherlands Centre for Occupational Diseases (NCvB). The Committee therefore asked the Government, in its comment under Convention No. 81, to provide information on the outcome of the examination of the ways in which the system for the notification of occupational diseases can be improved and the actions taken as a result. In this regard, it notes the Government’s reference to a 2014 study which finds that the reasons for the under-reporting of occupational diseases to the NCvB include the lack of awareness, knowledge, experience or time of occupational physicians to determine and notify occupational diseases. The Government indicates that discussions will be held with the relevant stakeholders to see how to move ahead with the results of the study. The Government also refers to the proposed revision of the legislation on the occupational health-care system (expected to be introduced by July 2016), which provides that contracts between the employer and OSH services or occupational physicians must contain the explicit obligation to notify cases of occupational disease.

The Committee also notes from the Government’s report that there has been an increase from 2013 to 2014 in the number of cases of occupational disease reported (from 6,391 to 8,513). According to the Government, this increase is largely a result of investigations by the labour inspectorate concerning the reporting behaviour of occupational physicians. The FNV, CNV and VCP indicate that occupational physicians working for OSH services are contracted by employers, and therefore may be less likely to provide workers with information about an occupational disease which may lead to a claim against their employer. The trade unions also consider that employers rather than occupational physicians should be held responsible for reporting occupational diseases, based on the information provided to them by occupational physicians. The Committee requests the Government to continue to provide information on the examination of the ways in which the system for the notification of occupational diseases can be improved and the actions taken as a result, and their impact.

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Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes that the Governing Body, at its 322nd Session in November 2014, approved the report of the tripartite committee set up to examine the representation made by the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and the Trade Union Federation for Professionals (VCP) (formerly the Trade Union Confederation of Middle and Higher Level Employees’ Unions (MHP)) under article 24 of the ILO Constitution, alleging non-observance by the Netherlands of the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No.129), and the Occupational Safety and Health Convention, 1981 (No. 155) (GB.322/INS/13/7). The Governing Body entrusted the Committee to follow up on the application of the Convention with regard to the issues raised in the report in respect of the application of Conventions Nos 81, 129 and 155.

As regards Convention No. 155, the conclusion of the tripartite committee was the following: Noting that cooperation and regular dialogue with the social partners involved in the implementation of occupational safety and health (OSH) is essential at all stages of the policy-making process to ensure the coherence of the national OSH policy, the tripartite committee requested the Government to follow up on the issues raised by the trade unions and employers’ organizations in the context of the periodic review of the national OSH policy. In this regard, it requested the Government to provide information on the identification of major problems of coherence, in consultation with the social partners, the methods taken for dealing with them, and priorities for action, in accordance with Article 7 of Convention No. 155. The Committee therefore requests the Government to provide information on the measures taken in this respect, for examination by the Committee at its next session.

Other questions

Articles 1(1), 4 and 8 of the Convention. Scope of application, national OSH policy and the measures taken to give effect thereto. Self-employed workers. The Committee notes that the Government refers to the 2012 amendments to the OSH regulations for self-employed workers. According to the Government, while a number of OSH rules are applicable to self-employed workers, they are mostly responsible for their own safety and health at work. The Committee welcomes the Government’s indications that, following the abovementioned amendments, the same OSH rules now apply to self-employed workers and employees, where they work side by side.

In this regard, the Committee also notes the observations of the FNV, according to which the measures taken by the Government did not provide for the full alignment in the protection of self-employed workers and employees, contrary to the advice of the Social and Economic Council (SER), an advisory body on socio-economic matters, consisting of representatives of employers, employees and the Government. The FNV expresses its concern that the application of the same OSH rules to self-employed workers can be circumvented in practice, where self-employed workers are instructed to work on their own, thereby exposing them to dangers and risks in the event that they do not provide for their own protection. The Committee requests the Government to provide its comments in respect of the observations of the FNV.

Article 10. Measures to provide guidance to employers and workers. Safety and health obligations. In relation to its previous comments, the Committee notes the Government’s indications that while OSH covenants covering particular sectors have proved to have a positive impact on the improvement of OSH, sectors and companies should continue working on the measures developed in these covenants. However, the Committee also notes the views expressed by the FNV, according to which covenants have completely lost their utility, and that they were only successful for a relatively short period of time in a limited number of sectors. The Committee requests the Government to provide its comments in relation to the FNV’s observations. It also requests the Government to provide any up-to-date statistical analysis on the impact of OSH covenants on compliance with OSH legal obligations across relevant enterprises and sectors.

Article 17. Two or more undertakings engaged in activities simultaneously at one workplace. The Committee previously noted the observations of the Confederation of Netherlands Industry and Employers (VNO–NCW), concerning obstacles in the implementation of the legal obligations in relation to the distribution of responsibilities of employers, and the examination of compliance with these obligations during labour inspections.

In this regard, the Committee notes the Government’s indications that the labour inspectorate does not execute specific supervision in relation to the legal obligations concerning the distribution of responsibility between employers, but that compliance with these obligations is monitored during inspection visits. The Committee requests the Government to take measures to ensure the effective application of this provision in practice, and to provide information to the Committee in this regard.

Article 19(c) and (e). Information and consultation at the level of the undertaking. The Committee previously noted the observations by the FNV indicating that workers do not have a legislated right to request documents on risk assessment and the measures taken to address these risks.

In this respect, the Committee notes the Government’s indications that in accordance with the Works Councils Act, the risk assessment and corresponding action plan must acquire the approval of the work council or the workers’ representatives. The Committee also notes that pursuant to section 8 of the Working Conditions Act, the employer must inform workers about the risks involved with their work, as well as the measures taken to prevent these risks. The Committee requests the Government to provide information on the manner in which the Government requests that arrangements are established at the level of the undertaking under which representatives of workers can request and obtain documents on risk assessments and the measures taken to address these risks, in particular in practice.

[The Government is asked to reply in detail to the present comments in 2015.]

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The Committee notes the Government’s latest report indicating recent legislative amendments to the Working Conditions Act, which introduce a new distinction of responsibility between the Government and the social partners. The Committee also notes the observations, attached to the Government’s report, from the National Federation of Christian Trade Unions (CNV) and the Confederation of Netherlands Industry and Employers (VNO–NCW), and observations received from the Netherlands Trade Union Confederation (FNV), transmitted to the Government on 16 September 2009. The Committee notes the attached summary of the National Centre of Occupational Diseases’ annual report which provides an interesting insight into occupational diseases, including trends and dissemination of information within branches and occupations. The evidence of fewer health problems as a result of the smoking ban in bars and restaurants is particularly interesting.

Article 5, subparagraph (d), and Article 11, subparagraph (e), of the Convention. Communication and cooperation at the levels of the working group and the undertaking, and the publication of information. The Committee notes the observations by the FNV indicating that workers do not have a legislated right to request documents on risk assessment and measures taken in the enterprise to address these risks. The Committee asks the Government to provide further information on the legislative measures in place that give effect to Article 5(d) and Article 11(e) with regard to workers’ access to information on risk assessment and measures taken in the enterprise to address these risks.

Article 9, paragraph 1. Labour inspectorate. The Committee notes the information provided indicating that of the approximately 350,000 enterprises in the Netherlands with at least one employee, the labour inspectorate proactively inspects 20,000 enterprises every year. With regard to the observations by the FNV stating that complaints from workers regarding non-compliance with the laws are not always investigated, the Committee notes that the Government has indicated that all complaints are investigated, and that the anonymity of the complainant is always kept. The Committee notes, however, that the Government has not transmitted a copy of the relevant internal instruction of 17 June 2008 of the labour inspectorate, as requested. The Committee also notes that in response to observations made by the FNV, the Government has indicated that it is standard procedure and part of the training and instruction of inspectors to allow the works council the opportunity to accompany the inspector and to discuss problems privately, and that after an inspection the works council is entitled to a copy of the letter(s) sent to the employer. The Committee requests the Government to transmit a copy of the internal instruction of 17 June 2008 of the labour inspectorate, which protects anonymity of complainants.

Article 10. Safety and health covenants. The Committee notes that the final evaluation report on the use of covenants has shown that enterprises in non-covenant sectors showed fewer improvements on OSH risks. The Committee hopes that the new measures undertaken by the Government, with regard to the rearrangement of employer, worker and government responsibilities in the private and public domain, will contribute to increased compliance with legal obligations across enterprises. The Committee asks the Government to keep it informed in this respect.

Article 11, subparagraph (c). Notification of occupational diseases. The Committee notes the observations by the FNV with regard to under-reporting of occupational diseases. The Committee notes the Government’s response on measures taken to improve the reporting of occupational diseases in the national registration system of the National Committee on Occupational Diseases, including improved communication and rapport with the experts responsible for submitting the reports by providing tailor-made information to these experts, offering feedback and refresher courses, as well as developing guidelines to empower experts to report occupational diseases. The Committee asks the Government to provide further information, in its next report, on the impact of these measures.

Article 17. Two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the observations by the VNO–NCW, with reference to this Article, indicating that while the responsibilities of cooperating employers at one worksite is regulated clearly in the Working Conditions Act and the Working Conditions Decree, in practice there are many obstacles to the implementation of the legal obligations in the distribution of responsibilities. The VNO–NCW also states that compliance in this area is not always duly examined during inspections. The Committee asks the Government to provide information on the practical application of Article 17.

Part V of the report form. Application in practice. The Committee notes with interest the recent revision to the Working Conditions Act which affects the distribution of responsibilities between the Government and social partners in terms of the development of regulations on occupational safety and health. It notes the Government’s statement that within the so-called “public domain” the prime responsibility of the Government is still to lay down general rules and targets to be met as far as the level of protection of workers is concerned and formulated, but that the so-called “private domain” is now to be the prime responsibility of the social partners, whereby they are to agree on ways and methods of working in order to achieve and implement those targets. The Committee notes that such agreements between employers and workers can be formulated in so-called “OSH catalogues” (“Arbocatalogues”), which can be submitted to the labour inspectorate for approval. After approval these measures will be considered as legally binding and inspectors will take them into account during their inspections. The Committee notes that the FNV has indicated that these “OSH catalogues” can only be approved at the branch or sectoral level, as opposed to the company level. The Committee also notes the observations by the FNV on the lack of clear prescribed targets and exposure limits in legislation; a lack of follow-up on a number of projects undertaken by the Government to promote a better culture of occupational safety and health in enterprises; and the availability and independence of company doctors or experts. The Committee also notes the information regarding the establishment of a “support group on risk assessment” which aims to actively promote the development and application of risk assessments, especially in small and medium-sized enterprises. Finally, the Committee notes the information regarding the uneven but overall downward trend related to fatal accidents and that the Government has indicated it is currently developing an action plan specifically to address fatal accidents. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including information on the progress related to the “OSH catalogues”; the development and impact of measures taken to address fatalities; and measures undertaken or envisaged to ensure there is appropriate follow-up on the completion of projects aimed at promoting occupational safety and health in enterprises.

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1. The Committee takes note of the Government’s report and the information supplied including responses to the observations of the Netherlands Trade Union Confederation (FNV), the Trade Union Federation of Middle and Higher Level Employees (MHP) and the National Federation of Christian Trade Unions (CNV) made in the year 2004. The Committee also takes note of similar observations made by FNV, MHP and CNV this year.

2. Article 9(1) of the Convention. Labour Inspectorate. The Committee notes the information provided by the Government in respect of the number of inspectors, the number of health and safety inspections carried out on an average, the number of investigations into employee complaints and the number of fines imposed on an average. The Committee requests the Government to provide information on the total number of establishments in the country that are required to be inspected by the OSH inspectors, the frequency of such inspections and the functions of the OSH inspectors. In the light of the FNV’s observations that complaints from workers regarding non-compliance with the laws are not always investigated, the Committee requests the Government to clarify whether all such complaints from workers are investigated. The Committee further notes the indication of the Government that, according to the internal regulations and procedures of the labour inspectorate, the anonymity of the person who makes the complaint is always protected. It requests the Government to transmit a copy of the relevant internal regulations of the labour inspectorate for its examination. The Committee also notes the indication of the Government that the works council always gets the opportunity to accompany the labour inspector together with the employer. It also notes that section 12 of the Working Conditions Act, 1998, requires the members of the works council to be given the opportunity to meet the concerned inspection officials during their visit to the company or the institute, without others being present and to be given the opportunity to accompany the said officials during their visit to the company or the institute, unless the officials state they have objections to this in connection with the proper implementation of their task. The Committee requests the Government to provide information in respect of the measures taken in practice, to give effect to these requirements.

3. Article 10. Safety and health covenants. The Committee notes that the report submitted to Parliament on the results of the first nine safety and health covenants which lapsed in 2004 indicates that 57 per cent of the branches translate the agreements in the covenants into provisions contained in collective labour agreements entered into between the social partners at the branch level. It also notes the indication of the Government that such collective agreements would motivate the social partners to be continually vigilant about working conditions in their own sectors even after all the covenants lapse in the year 2006. The Committee requests the Government to indicate in its next report the measures taken to apply the provisions of the Convention in: (i) enterprises where no safety and health covenants had been concluded at all; and (ii) enterprises where safety and health covenants had been concluded but where no collective agreements have been entered into by the concerned social partners on the basis of the agreements contained in the covenants.

4. Article 11, paragraph (c). Notification of occupational diseases. The Committee takes note of the FNV’s observation that there is under-reporting of occupational diseases to the Netherlands Centre for Occupational Sickness. It also notes the indication of the Government that the Netherlands Centre for Occupational Sickness is working together with the private occupational safety and health services to improve the reporting on occupational diseases. The Committee requests the Government to indicate the measures taken in this respect, in its next report.

5. Part V of the report form. Practical application of the Convention. The Committee notes the indication of the Government that the Dutch Occupational Health and Safety Platform (OHS Platform) was established at the initiative of social partners in order to make information on legal requirements and best practices on safety and health issues available to small and medium-sized businesses (SMEs) which constitute its main focus. It also notes that the OHS Platform is part of the network of National Focal Points in relation to the European Agency for Safety and Health at Work and is financially supported by the Ministry of Social Affairs and Employment. The Committee also notes that the FNV disagrees with the general conclusion of the Government that "on the whole the Dutch situation on occupational safety and health has clearly improved during the years 1999-2004". The FNV observes that for many years the total number of (deadly) accidents has remained unchanged. The Committee requests the Government to continue providing information on the practical application of the provisions of the Convention, including information on the functioning of the OHS Platform.

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The Committee takes note of the information provided by the Government in its report for the period 1999-2004. It notes that the Working Conditions Act, 1998, which came into force on 1 November 1999, gives effect to most of provisions of the Convention.

The Committee takes note of the comments made by the National Federation of Christian Trade Unions (CNV) and sent by the Government with its report. The Committee asks the Government to communicate the observations on the content of these comments which it may wish to make in this regard. The Committee will examine the Act together with all the received information at its next session.

[The Government is asked to reply to the comments in 2005.]

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The Committee notes the information supplied by the Government in its first report.

It asks the Government to provide additional information on the following points:

Article 5(e) of the Convention. The Committee asks the Government to provide information on the sphere of action of the national policy with regard to the protection of workers and their representatives against disciplinary measures as a result of actions properly taken by them in conformity with the policy referred to in Article 4 of the Convention.

Article 8. The Committee notes from the Government's report that the Convention applies to all branches of activity. It also notes that, according to the notes to article 2 of the Working Conditions Act, the Act which serves as a basis for national legislation on occupational safety and health and gives effect to most provisions of the Convention, applies, in principle, to all sectors. However, under article 2(5) and (6) of the Act, these provisions do not apply to work carried out in the military service or in mines. Furthermore, under article 2(3), it may be stipulated that the provisions of the Act do not apply in full or in part to the transport sector (air, maritime, inland waterways, highways, rail). The Committee asks the Government to indicate the measures which ensure the application of a coherent national policy on the safety and health of workers and the working environment in the sectors which are excluded from the scope of the Working Conditions Act.

Article 11(a). The Committee notes the Government's reference in its report to the Buildings Decree, No. 680 of 1991, based on the Housing Act. The Committee asks the Government in its next report to indicate the provisions which ensure safety in the design, construction and layout of the undertaking, the commencement of their operations, major alterations affecting them and changes in their purposes, the safety of technical equipment used at work, as well as the application of procedures defined by the competent authorities.

Article 11(d). The Committee notes that under article 32(4) of the Working Conditions Act labour inspection officials are empowered to institute an investigation in the case of an accident. The Committee asks the Government to indicate any arrangements made to ensure that such investigations are conducted where cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course or in connection with work appear to reflect situations which are serious.

Article 12. The Committee notes the Government's reference to a draft general Governmental Decree which is being prepared in connection with EC directives dealing with means of personal protection and work. The Committee asks the Government to provide the text of the above Decree as soon as it is adopted.

Article 19(e). The Committee notes that several provisions of the 1980 Working Conditions Act provide for close cooperation between the employer and the workers of an enterprise with regard to occupational safety and health, in a variety of forms including consultations. It asks the Government to indicate how it is ensured that workers or their representatives are enabled to inquire into all aspects of occupational safety and health associated with their work.

Article 19(f). The Committee notes that the obligations of the employees established in article 12 of the Working Conditions Act of 1980 include the obligation of notifying to the employer or the person charged on his behalf with the management of any dangers to safety or health which they observe. The Committee notes that no existing provision of the national legislation stipulates that the employer may not require workers to return to a work situation where there is continuing imminent and serious danger to life or health. It asks the Government to indicate in any legislative or practical measures taken or contemplated to give full effect to this provision of the Convention.

Article 21. The Committee asks the Government to indicate the arrangements made to ensure that occupational safety and health measures shall not involve any expenditure for the workers.