Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

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.