Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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.]