Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Inspection Convention, 1947 (No. 81) - Netherlands (Ratification: 1951)

Further to its previous observation, the Committee takes note of the Government’s report containing information in reply to the issues raised by the National Federation of Christian Trade Unions (CNV) in September 2007, and the Netherlands Trade Union Confederation (FNV) in August 2007 on the new Act on Working Conditions. It also notes the attached unofficial translation of the Act on Working Conditions (Health and Safety), which came into force on 1 January 2007, and the communication by the FNV of further comments received in August 2009 and transmitted to the Government on 16 September 2009.

Impact of the European Framework Directive in the area of occupational
safety and health with regard to the application of the Convention

1. The Committee notes the replies provided by the Government to the comments previously made by the CNV, and the FNV on the new Act on Working Conditions. The Committee observes that these comments concerned in essence the difficulties that may arise in the application of the new Act which is based, according to the Government, on the following principles of the European Framework Directive in the area of occupational safety and health (OSH): no additional rules above European Union OSH regulations; legislation should only set aims to be achieved as concretely as possible but should not prescribe the means for achieving them; it is the responsibility of employers and employees to determine how to achieve these aims; less rules and lower administrative burdens and less inspection pressure on companies. The FNV and CNV question the impact of the Act on the conditions of work in terms of: univocal application of the law; equal application of the law regardless of the relative weight of employers and workers’ organizations at sector and company levels; the need for continuous improvement of applicable standards; the need to continue to protect workers against conditions of work that undermine their welfare, for instance, through discrimination; and the decline in the number of labour inspectors who will be called upon to verify the application of the Act. The Government replies in essence that the labour inspectorate, regardless of a recent reduction in its staff which is due to a general reduction of the number of civil servants, will be in charge of supervising the univocal and harmonious application of the prevention principles as a minimum and will ensure the continuous improvement of the applicable standards where necessary. It further indicates that prevention with regard to psycho-social aspects, such as working under psychological pressure, stress and violence, is one of the priorities of the labour inspectorate and refers to other legal provisions as concerns the protection against discrimination at work.

The Committee requests the Government to provide information, including statistical data, on the application of the Act on Working Conditions and, in particular, the effect this Act may have on the prevention of occupational accidents and diseases, including psycho-social aspects and related diagnosis. It would also be grateful if the Government could communicate statistics on the staff of the labour inspection service disaggregated by sex and by area of competence (OSH, so-called working conditions, working hours, wages and illegal employment).

2. The Committee also notes the Government’s reply to the comments previously made by the Confederation of Netherlands Industry and Employers (VNO–NCW) according to which the so-called “Arie” regulation on working with dangerous substances is too complex and creates a heavy administrative burden. The Government indicates in this regard that the Ministry of Social Affairs and Employment has requested the Social Economic Council (SER) for advice on this regulation and was waiting for it. The Committee would be grateful if the Government would keep the ILO informed of the content of the advice provided by the SER and of any measures taken in order to help the employers to cope with the new requirements set in the new regulation.

3. The Committee finally notes the latest comments made by the FNV in its communication dated 28 August 2009 as to the need for specific training to be provided to labour inspectors in the area of technical skills relating to nanotechnology risks and requests the Government to provide its reply thereto.

The Committee is raising other points in a request addressed directly to the Government.