From the Working Conditions Act: the basic contract

The Working Conditions Act (Arbowet) applies to all employers and employees in the Netherlands. The importance of personal responsibility of both is central to the Arbowet. A number of legal obligations apply. We highlight one here, having a basic contract with an occupational health and safety service provider.

According to the legislator, employers, employees and occupational health and safety service providers benefit from clear agreements to keep working Dutch healthy and vital. That is why having a 'basic contract' has been made mandatory. We list four points that the basic contract must comply with.

The most important thing in a basic contract is the description of the tasks you will be supported with. The core task of an occupational health and safety service provider is to support employers and employees in drawing up working conditions policy and absenteeism policy. This is done by at least four core experts: a company doctor, an occupational hygienist, a safety expert and a work and organisation expert. They perform tasks in the context of: absenteeism guidance, testing and advising Risk inventory and evaluation, performing a PAGO/PMO and in specific cases an appointment assessment.

The company doctor is the most well-known core expert. A number of important provisions must therefore be formulated in the basic contract: how access to the company doctor is arranged, that the company doctor can visit your company preventively and how the company doctor advises you on prevention. The employee also has the right to request a second opinion. How this procedure works is described in the basic contract. The company doctor is obliged to report occupational diseases. This obligation is also part of the basic contract.

Incomplete or inadequate contracts can lead to incomplete occupational health and safety care according to the legislator. If you believe that your occupational health and safety service provider is providing you with incomplete or inadequate services, you should be able to file a complaint. That is why the obligation of a complaints procedure is included in the basic contract. Every occupational health and safety service provider must therefore have a clear method or procedure that describes how the complaint is handled.

The prevention officer is clearly named in the Working Conditions Act. He or she has a prominent role in the organization with regard to preventing accidents and absenteeism. The basic contract must state how the consultation of the company doctor with the prevention officer and the works council (OR) is arranged. Close cooperation between these experts is mandatory.

How do you get a basic contract?

The obligation to have a basic contract came into effect on 1 July 2018. All certified occupational health and safety service providers had a basic contract on this date. Do you currently have an absenteeism subscription with our supplier ArboNed? Then the contract complies with the new Arbowet. Do you not yet have an absenteeism subscription and therefore no basic contract? Please note, you risk a fine from the SZW Inspectorate. By taking out a new absenteeism subscription, you will immediately come into possession of a basic contract. If you do this at ArboNed, you will receive a discount on your subscription as a member. Please note that your staff representation or works council must agree to the contents of the basic contract.

Checklist Occupational Health and Safety Act

The requirement of a basic contract is new in the Working Conditions Act. To avoid fines, you must comply with all obligations under the Working Conditions Act. To ensure that you also comply with the latest changes, ArboNed has created a practical checklist. You can download it here directly.

Download checklist