Official Report<\/h2>
The Netherlands Labour Inspectorate (formerly the Inspectorate SZW) may draw up an official report when a situation arises in which there is, or can reasonably be expected to be, a risk of death or serious damage to employees’ health. An official report is also drawn up in the event of occupational accidents. In such cases, the Netherlands Labour Inspectorate involves the Public Prosecution Service. The public prosecutor then determines whether criminal proceedings will be brought against the company. <\/p>
Employee Responsibilities<\/h2>
In the first instance, the employer is responsible for working conditions. However, employees also have obligations. If an employee fails to comply with safety regulations, for example by removing a safety guard from a machine, the Netherlands Labour Authority is authorised to impose a fine for this. <\/p>
Employer Responsibilities<\/h2>
The employer has primary responsibility for working conditions and must always ensure a safe workplace. This applies not only to permanent and temporary employees, but also to hired temporary workers and self-employed persons. If an employee, whether employed directly or hired, has an accident, the employer may be held liable. <\/p>
The Netherlands Labour Authority may impose a fine if the employer fails to meet its obligations to protect employees. The circumstances in which a fine may be imposed are precisely defined in the Working Conditions Act. This includes, for example: <\/p>
- \n
- failure to have a risk inventory and evaluation (RI&E), or an incomplete RI&E, including the absence of an action plan;<\/li>\n\n\n\n
- failure to provide information and training, or providing insufficient information and training;<\/li>\n\n\n\n
- failure to report an occupational accident;<\/li>\n\n\n\n
- failure to carry out preventive tasks;<\/li>\n\n\n\n
- failure to organise or facilitate a periodic occupational health examination.<\/li>\n<\/ul>
The Working Conditions Decree also specifies situations in which the Netherlands Labour Authority may impose a fine, for example when no measures have been taken to prevent or limit harmful noise.<\/p>
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