Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Application of the Convention in practice. The Committee notes the information provided by the Government regarding statistics on occupational diseases and industrial accidents. It notes that 2,971 occupational diseases were reported to the Netherlands Center for Occupational Diseases (NCvB) in 2022. Additionally, it notes that 3,866 industrial accidents were reported to the Labour Inspectorate in 2023, compared to 3,700 in 2022, 3,482 in 2021 and 3,655 in 2020. The Committee further notes that among these accidents, there were 72 fatalities in 2023, an increase from the 51 fatalities reported in 2022, 60 in 2021, and 54 in 2020. Moreover, according to the Labour Inspectorate’s 2023 annual report, over 50 per cent of reportable accidents remain unreported. The Committee requests the Government to provide information on the reasons for the increase in the number of fatal accidents and on the steps taken to address this issue, as well as on the measures adopted or envisaged to strengthen the reporting of occupational accidents.

Articles 4, 7 and 8 of the Convention. National occupational safety and health (OSH) policy. Consultation with the most representative organizations of employers and workers. The Committee notes the Government’s reference to the adoption of the OSH policy 2040 (Arbovisie 2040), issued in October 2023, which is partly based on the recommendations of the Social and Economic Council (SER) outlined in its report, “Towards a working occupational health and safety system for all” (Part 1). The mission of the OSH policy 2040 is to prevent occupational fatalities and significantly decrease the number of occupational accidents and illnesses. The Government provides information on its implementation including: (i) investments in the availability and quality of risks assessments; (ii) financial incentives for employers for prevention (iii) simplifying and clarifying OSH regulations; (iv) improvements in accountability throughout the occupational chain; (v) underreporting of occupational diseases; (vi) strengthening worker involvement and (vii) occupational health services. The Government further indicates that a follow-up report from SER is expected in the second semester of 2024, which will focus on preventive measures and address topics such as ensuring safe and healthy working conditions in anticipation of future developments, potential adjustments to laws and policies regarding health and safety and methods for improving the organisation of health and safety services with an emphasis on prevention. The Committee requests the Government to continue to provide information on the implementation of the OSH policy 2040, as well as on its periodic review in consultation with the social partners.

Article 11(c). Notification of occupational diseases. Further to its previous comment, the Committee notes the Government’s reference to the OSH policy 2040, which announced several action points related to occupational diseases. This includes a recently launched project aimed at improving the reporting system for occupational diseases, which included the potential introduction of fines for occupational physicians or OSH services that fail to report such diseases. The Committee requests the Government to continue to provide information on further measures taken or envisaged in order to improve the rate of notification of occupational diseases to the NCvB, as well as statistics on the reports received by the NCvB.Regarding notification to the labour inspectorate, the Committee requests the Government to refer to its comments regarding the application of Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification of occupational diseases).

In addition, the Committee recalls the pending comment regarding the Radiation Protection Convention, 1960 (No. 115), Occupational Cancer Convention, 1974 (No. 139), Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), Asbestos Convention, 1986 (No. 162), Chemicals Convention, 1990 (No. 170) and the Prevention of Major Industrial Accidents Convention, 1993 (No. 174), adopted by the Committee in 2022, for which the Government will be requested to reply in 2029 in accordance with the reporting cycle.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

To provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 115 (radiation protection), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 (OSH), 162 (asbestos), 170 (chemicals) and 174 (prevention of major industrial accidents) together.

The Committee notes the joint observations of the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) on Conventions Nos 139, 155, 170 and 174, received in 2021, and the Government’s response in this respect.

General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. National OSH policy. Consultation with the most representative organizations of employers and workers. With regard to its previous comment on consultations with the social partners, the Committee notes that the Government indicates in its report that it continues to involve the social partners in the periodic discussions of the national OSH policy and future policy planning, specifying that: (i) in May 2020, the Ministry of Social Affairs and Employment organized a virtual open dialogue on the new strategic vision of the OSH policy 2040 with employers, workers, occupational health experts, occupational health services and the labour inspectorate participating in three sessions; and (ii) on the basis of this dialogue, the Government has submitted a formal request to the tripartite Social and Economic Council for advice on the OSH vision 2040. The Government also indicates that regular informal consultations have been held between the labour inspectorate and the trade union federations for environmental analysis and that every year stakeholders, including representatives of employers and workers, are consulted on the annual report (in March-April) and the annual plan (in September–October) of the labour inspectorate. In this regard, the Committee notes that the FNV and CNV are of the view that the Government fails to formulate, implement and periodically review a coherent national OSH policy and that the ad hoc and periodical consultations referred to by the Government do not lead to a such policy. The Committee requests the Government to continue to provide information on any progress made in the formulation of the OSH policy 2040, including information on the consultations held with the tripartite Social and Economic Council in this regard, and to provide a copy of the national OSH policy once it has been adopted. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that the above-mentioned OSH policy is periodically reviewed in consultation with the social partners.

Article 11(c). Notification of occupational diseases. With regard to its previous comment on the system for the notification of occupational diseases, the Committee notes that the Government provides information on measures taken, indicating that: (i) following an amendment to the Working Conditions Act adopted in 2017, a basic contract for the provision of OSH services to employers was introduced, which includes minimum rights and obligations for employers, workers and providers; (ii) the basic contract states that occupational physicians shall report occupational diseases to the Netherlands Centre for Occupational Diseases (NCvB) and have to be able to devote time to this; and (iii) the NCvB is assisting and encouraging occupational physicians and OSH services to report occupational diseases through refresher courses, a helpdesk and the simplification of reporting procedures. The Government expects that by improving the infrastructure for reporting occupational diseases to the NCvB, the number of reported cases will increase. Regarding the latter, the Committee notes that, in their observations on the application of the Labour Inspection Convention, 1947 (No. 81), the FNV and CNV refer to the underreporting of occupational diseases to the NCvB and point out that this may be due to the non-compliance with reporting obligations by occupational physicians, the reduced contact of occupational physicians with workers for routine examinations, the lack of information on occupational diseases among self-employed and precarious workers, as well as the absence of a separate (additional) statutory insurance for occupational diseases. The Committee requests the Government to provide its comments in this respect. It also requests the Government to provide information on further measures taken or envisaged in order to improve the rate of notification of occupational diseases to the NCvB, as well as statistics on the reports received by the NCvB.

Regarding notification to the labour inspectorate, the Committee requests the Government to refer to its direct request regarding the application of Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification of occupational diseases). 

B.Protection against specific risks

1.Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention. Laws and regulations. Consultation. The Committee notes the adoption in 2017 of the Decree on basic safety standards for radiation protection and in 2018 of the Regulation on radiation protection for occupational exposure. The Committee also notes the Government’s indication that the Decree on basic safety standards for radiation protection has repealed the Decree on radiation protection of 2001 and has implemented the Council Directive 2013/59/Euratom of 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionizing radiation. The Committee requests the Government to provide information on the consultations held with representatives of employers and workers prior to the adoption of the Decree on basic safety standards for radiation protection and its corresponding Regulation.

Articles 2(2) and 6(1). Exemptions.The Committee notes that sections 11.7(1) and 7.31(1) of the Decree on basic safety standards for radiation protection provide that the competent authorities may grant exemptions from the provisions of its Chapter 7 concerning occupational exposure to radiation and from the dose limits prescribed in section 7.34 for workers directly engaged in radiation work, respectively. The Committee requests the Government to provide information on any exemptions that may have been adopted under the above-mentioned provisions.

Articles 3(1), 6 and 7. Effective protection of workers in the light of the knowledge available. Maximum permissible doses. 1. Protection for pregnant and breastfeeding workers. With regard to its previous comment on the methods of protection at work for workers who are pregnant, the Committee notes that the Government refers to section 7.36(1) of the Decree on basic safety standards for radiation protection, which provides that the employer shall ensure that the working conditions for pregnant workers are such that the equivalent dose for the unborn child is as low as reasonably achievable and that it is unlikely that this dose will exceed 1 mSv from the moment the pregnancy is reported to the employer until the end of the pregnancy. The Committee notes that the Government also indicates that, pursuant to section 7.29(1) of the Decree on basic safety standards for radiation protection, the employer shall ensure that, before the commencement of work, women workers who are likely to be exposed to ionizing radiation are adequately informed of: (i) the need to report a pregnancy at an early stage in view of the risks of exposure to ionizing radiation for the unborn child; and (ii) the risks to a breastfed child from contamination from the mother's body. The Committee notes this information, which addresses its previous request.

2. Persons between 16 and 18 years of age. Prohibition on the engagement of workers under the age of 16 in work involving ionizing radiation. The Committee notes the Government’s indication that, pursuant to sections 7.4 and 7.35 of the Decree on basic safety standards for radiation protection, workers under the age of 18 are prohibited from working with radioactive sources with the sole exception of students from 16 years of age studying a profession in the nuclear or radioprotection field. The Committee notes that the dose limits provided for in the Decree on basic safety standards for radiation protection for this group have been established in accordance with the recommendations of the International Commission on Radiological Protection. Noting the absence of specific information in this respect, the Committee requests the Government to indicate whether maximum dose limits have been established for apprentices between the ages of 16 and 18 who are being trained for employment involving radiation, or whether the dose limits for students in sections 7.4 and 7.35 also apply to apprentices.

3. Lens of the eye. With regard to its previous comment on the review of the maximum permissible doses established with respect to the lens of the eye for radiation workers and for students and apprentices between 16 and 18 years of age, the Committee notes with interest that the Government refers to sections 7.34(2) and 7.35(2) of the Decree on basic safety standards for radiation protection, which respectively fix the limits for the equivalent dose for the lens of the eye at 20 mSv a year for workers directly engaged in radiation work and at 15 mSv a year for students between the ages of 16 and 18 who are exposed to radiation in the course of their studies. The Committee notes this information, which addresses its previous request.

Article 9(2). Adequate instruction of all workers engaged in radiation work. The Committee notes that section 7.28 of the Decree on basic safety standards for radiation protection provides that the employer shall ensure: (i) appropriate training and information programmes for workers, focusing, where appropriate, on high-activity sources; and (ii) that the employees cooperate in the information meetings and training organized for them, and comply with the instructions given to them pursuant to the Decree on basic safety standards for radiation protection. The Committee requests the Government to provide detailed information on the training and information programmes for workers carried out under section 7.28 of the Decree on basic safety standards for radiation protection, specifying the measures adopted to ensure that workers engaged in radiation work are adequately instructed, before and during such work, in the precautions to be taken for the protection of their health and safety and the reasons thereof.

Articles 12 and 14. Medical examinations. Employment involving exposure to ionizing radiation contrary to medical advice. The Committee notes that section 7.11(1) to (3) of the Decree on basic safety standards for radiation protection provides that employers shall classify each worker directly engaged in radiation work as an A or B worker, for the purpose of individual monitoring and health surveillance: category A-workers are those who receive an annual effective dose greater than 6 mSv and category B-workers are those who are not classified as category A-workers. The Committee also notes that sections 7.21(4) and 7.25 of the Decree on basic safety standards for radiation protection provide respectively that: (i) medical examinations of category A-workers shall take place before the commencement of radiation work, periodically during employment (at least once a year) and after the period of employment as a category A-worker; and (ii) a worker shall not be employed in a specific position as a category A-worker if, according to the results of an initial health examination, he or she is not suitable for that position. The Committee requests the Government to provide information on the measures taken to ensure that: (i) category B-workers undergo appropriate medical examinations prior or shortly after taking up radiation work and subsequently undergo further examination at appropriate intervals (Article 12 of the Convention); and (ii) no category B-worker is employed or continues to be employed in work by reason of which the worker could be subject to exposure to ionizing radiations contrary to qualified advice (Article 14 of the Convention).

2.Occupational Cancer Convention, 1974 (No. 139)

Articles 2 and 6(a) of the Convention. Replacement of carcinogenic substances and agents. Consultations on measures to give effect to the Convention. With regard to its previous comment, the Committee notes that the Government indicates, in its report, that the occupational hygiene strategy prescribes substitution with less harmful substances as a first step as far as possible and makes a general reference to a self-inspection tool on working with hazardous substances available to employers on the website of the labour inspectorate. The Committee notes that the FNV and CNV reiterate that there is a lack of discussion on substitution of carcinogenic substances and that such substitution should be discussed in the tripartite Social Economic Council before determining limit values. Furthermore, the FNV and CNV indicate that the labour inspectorate is not in a position to provide information on the number of companies that have been inspected in relation to the application of section 4.17 of the Working Conditions Decree, which provides for the replacement of carcinogenic or mutagenic substances and processes with a view to minimizing the exposure of workers. The Committee requests the Government to provide information on further specific measures taken in practice to ensure that carcinogenic substances are replaced by non-carcinogenic substances or agents, or by less harmful substances or agents, including any discussion on the substitution of carcinogenic substances in the tripartite Social Economic Council. The Committee requests the Government to refer to its comment onArticle 6(c) (provision of appropriate inspection services) of the Convention. 

Article 3. Establishment of an appropriate system of records. With regard to its previous comment, the Committee notes the Government’s reference to a study of December 2017 on how to deal with work-related data and data on occupational side-effects to health, which the Committee noted in its previous comments on the Chemicals Convention, 1999 (No. 170). The Government indicates that, based on the 2017 study, improvements appear to be necessary in the field of compliance with the registration obligations of employers. In this regard, the Government refers to actions taken to disseminate information on the responsibilities of all stakeholders involved in the setting up a safe workplace when working with hazardous substances, as well as to improve compliance with risk-assessment obligations. The Committee notes that the FNV and CNV underline the absence of a commitment for action by the Government and indicate that an evaluation report on policy interventions prepared by the Government concluded that between 2012 and 2020 the communication actions did not have the expected policy effects. Recalling thatsection 4.15 of the Working Conditions Decree requires employers to keep a list of employees who are or may be exposed to carcinogenic substances, the Committee once again requests the Government to indicate the measures taken in practice by the labour inspectorate to identify companies where workers are exposed to carcinogenic substances and to ensure that these companies have established an appropriate system of records under the above-mentioned provision, as well as to indicate any consultations undertaken with the most representative organizations of employers and workers concerned.

Article 4. Workers provided with all the available information on the dangers involved from exposure. The Committee notes that the Government states that providing information, as well as education and internal supervision, are key regulatory provisions and that those matters have been the subject of much attention in the occupational disease prevention programme. In this respect, the Committee notes that the FNV and CNV indicate that these key regulatory provisions are neglected by employers and that the non-compliance with these provisions is partly the cause of most of the accidents investigated. Noting the absence of information in reply to its previous comment, the Committee once again requests the Government to provide information on concrete measures taken to ensure that workers, including “flex-workers”, exposed to carcinogens are provided with all the available information on the dangers involved and on the protective measures to be taken.

Article 5. Medical examinations after the period of employment. With regard to its previous comment, the Committee notes the Government’s indication that employers can request medical professionals to work out how to ensure transmission to the public medical services after the period of employment. The Committee requests the Government to provide information on concrete measures taken by medical professionals or public medical services to ensure that workers exposed to carcinogens are provided with medical examinations after the period of their employment.

Article 6(c). Provision of appropriate inspection services. With regard to its previous comment, the Committee notes that the Government indicates that the labour inspectorate has a specific inspection programme on health and safety issues related to work with hazardous substances and refers to the increased capacity of the labour inspectorate in this respect. The Committee notes that while the FNV and CNV acknowledge that these are improvements, they reiterate their concerns regarding the system of self-regulation of working conditions and the problems in the enforcement of the legal framework giving effect to the Convention. The Committee requests the Government to continue to provide information on specific measures taken in practice by the labour inspectorate to ensure that workplaces where workers may be exposed to carcinogens comply with the provisions of the Convention. Furthermore, the Committee requests the Government to refer to its comments regarding the application of Conventions Nos 81 and 129. 

3.Working Environment (Air Pollution, Noise and Vibration) Convention, 1977(No. 148)

Article 4 of the Convention. Protection against occupational hazards in the working environment. Air pollution. Noting the absence of information in reply to its previous comment, the Committee once again requests the Government to provide its comments with respect to the previous observations of the FNV and CNV that while there are limit values established for many chemical substances, there are no specific health and safety regulations related to ultrafine particles.

Article 11(3) and (4). Continued assignment to work. With regard to its previous comment, the Committee notes the Government’s indication in its report that, pursuant to section 7:658a(1) of the Civil Code, employers must offer suitable work in their own companies if workers are temporarily unable to carry out their own work due to incapacity for work and that where suitable work is not available in the employers’ companies, the employers must seek suitable work with another employer. The Committee notes that the above-mentioned provision appears to provide that alternative work with other employers will be in place for the period during which the original employer is obliged to continue to pay wages of the workers concerned under section 7:629 of the Civil Code (104 weeks) or the relevant provisions of the social security and insurance legislation. The Committee notes this information and once again requests the Government to provide specific information on the measures or provisions in place to ensure that the rights of workers under social security or social insurance legislation are not adversely affected.

4.Asbestos Convention, 1986 (No. 162)

Articles 3(1) and (2), 4, 9(2) and 15(1) of the Convention. Laws and regulations. Consultation with the most representative organizations of employers and workers. Special rules and procedures for certain work processes. Exposure limits. With regard to its previous comment, the Committee notes that, in its report, the Government provides information on amendments to the Working Conditions Decree adopted in 2014, 2016 and 2017. Pursuant to these amendments: (i) a new certification and accreditation system was introduced whereby statutory certificates, including those for work involving exposure to asbestos, can only be issued by bodies accredited by the Dutch Accreditation Council; (ii) the limit values for the exposure of workers to asbestos (chrysotile and amphibole groups) were reduced; and (iii) corresponding changes were made to the asbestos risk classification (which is used to determine the preventive measures to be taken) and to the process of assessing the safety of workplaces following work with asbestos. The Government indicates that the latter amendments were adopted considering advice from the Committee on Limit Values for Substances at the Workplace, which is part of the tripartite Social and Economic Council. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Application in practice. The Committee notes that, in reply to its previous comment, the Government provides information on the number of workers holding certificates for asbestos removal or demolition work (3,086 workers) and inventory activities (874 workers), specifying that the number of workers incidentally exposed to asbestos during maintenance work (mainly in the installation and constructions sectors) remains unknown. It also notes the Government’s indication that the total number of new occupational diseases due to exposure to asbestos in the past (including lung cancer and asbestosis) was estimated at around 1,300 in 2016 by the National Institute for Public Health and the Environment (RIVM), when limit values of exposure were higher. The Committee also notes that the Asbestos Validation and Innovation Centre was established in June 2020 as an independent body under the RIVM that advises the Ministry of Social Affairs and Employment on the occupational safety of methods used for asbestos removal work (including working methods, techniques, devices or machines). The Committee notes this information which responds to its previous request.

5.Chemicals Convention, 1990 (No. 170)

Article 11 of the Convention. Transfer of chemicals. Noting the absence of information in reply to its previous comment, the Committee once again requests the Government to indicate the measures taken for employers to ensure that when chemicals are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.

Application in practice. The Committee notes that the FNV and CNV reiterate most of their previous observations relating to problems in the enforcement of the legal framework giving effect to the Convention by the labour inspectorate. In this regard, the Committee notes that, as under the Occupational Cancer Convention, 1974 (No. 139), the Government refers to the inspection programme on health and safety issues surrounding work with hazardous substances and to the increased capacity of the labour inspectorate. It also indicates that compliance with relevant national legislation is enforced through traditional inspections and is further encouraged and promoted through, inter alia, self-inspection tools, making information on hazardous substances easily available to workers (via an online application), and information and awareness-raising campaigns. The Committee notes that the FNV and CNV recognize as an improvement the fact that the labour inspectorate is requesting information on hazardous substances from companies using these substances and testing the use of new enforcement methods in pilot-studies, such as requesting risk-assessments and chemical documents by digital enforcement. The Committee notes, however, that the FNV and CNV also point out that the labour inspectorate mainly focuses on awareness-raising activities, and generation of information and campaigns. The organizations further indicate that a 2019 study commissioned by the Government concluded that its previous policy (based on the idea of self-regulation of working conditions) has not led employers and workers to fulfil this public task. According to the FNV and CNV, the Minister of Social Affairs and Employment has considered that the aforementioned study includes interesting recommendations for the next policy agenda such as, , not focusing only on self-regulation and other soft instruments, but using a broader range of interventions. The Committee requests the Government to continue to provide information on specific measures taken to ensure that the provisions of the Convention are applied in practice, including any follow-up actions to the conclusions and recommendations of the 2019 study commissioned by the Government. Further, the Committee requests the Government to refer to its comments regarding the application of Conventions Nos 81 and 129. 

6.Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 4 of the Convention. National policy. With regard to its previous comment on possible amendments to the Additional Risk Assessment and Evaluation (ARIE) Regulations, the Committee notes the Government’s indication, in its report, that these Regulations, which provide for supplementary risk assessment and evaluation obligations for companies working with large quantities of dangerous substances, were not amended between 2014 and 2021, but are undergoing revision and are expected to be amended in 2022. The Government also indicates that the recommendations of the tripartite Social Economic Council are being taken into consideration in the amendment process. The Committee notes that the FNV and CNV generally agree with the amendments to the ARIE Regulations and propose a number of recommendations in this regard, which the Government indicates will be taken into consideration.

Furthermore, the Committee also notes the Government’s indication that the Decree on hazards of major accidents of 2015, which implements the Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, will be repealed in the framework of a major adjustment of all environmental, nature and surroundings legislation that is also planned for 2022. The Committee requests the Government to provide detailed information on how effect is given to each provision of the Convention following such legislative reform process. It also requests the Government to provide copies of all relevant laws and regulations once adopted.

Article 16(a) and (b). Responsibilities of the competent authorities concerning off-site emergency preparedness. With regard to its previous comment, the Committee notes that the Government indicates that relevant information on off-site emergencies can be found on official websites containing a map of all risks to the public (for example, an accident involving dangerous substances), as well as instructions on actions to be taken. The Committee notes that this risk map has been developed within the framework of the Act on Safety Regions, according to which off-site emergency plans are drafted by local authorities. The Committee also notes the Government’s indication that in the event of a major accident, there are several ways of notifying the public under the Act on Safety Regions, including through a local alarm and signal system, a digital alert in harmful and life-threatening situations, such a major fire, and mobile notifications. The Committee takes note of this information which responds to its previous request.

Article 17. Siting of major hazard installations. With regard to its previous comment, the Committee notes that the Government indicates that the General Provisions Act (WABO) is the basis for many of the permits relating to the physical living environment and that together with the Environmental Management Act, they are the legal basis for ensuring that major hazard sites are separated from other areas. Moreover, it indicates that permits for major hazard installations are revised every five years under the above legislation if anything has changed. The Committee notes that also in the framework of the aforementioned legislative reform process, amendments regarding the siting of major hazard installations are expected to be adopted in 2022. The Committee requests the Government to refer to its comment on Article 4 (national policy) of the Convention.

Application in practice. The Committee notes the information provided by the Government in reply to its previous request concerning the actions undertaken to improve safety at major hazard companies and the cause of the increase in the number of safety reports received by the labour inspectorate since 2011. The Committee takes note of this information which responds to its previous request.

C.Protection in specific branches of activities

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee notes the information provided by the Government, in its report, in reply to its previous request concerning: (i) the adoption of a new policy rule on OSH catalogues in 2019, the tools in place to assist the social partners in developing and improving OSH catalogues (for example, digital support to develop specific OSH catalogues and guidance manuals on a range of specific risks at work) and the number of OSH catalogues approved by the labour inspectorate (approximately 150); (ii) the amendment of Chapter 2, section 5 on construction processes of the Working Conditions Decree in 2016, which aimed at improving compliance with the relevant provisions and allowing better enforcement; and (iii) the number of workplaces in the building sector (190,340 in 2019 and 202,455 in 2020), the number of enterprises inspected (829 in 2019 and 844 in 2020), the number of accidents, including fatal accidents (470 in 2016 (fatal accidents: 16); 503 in 2017 (fatal accidents: 20); 415 in 2018 (fatal accidents: 11) and 374 in 2019 (fatal accidents: 14)). The Committee takes note of this information which responds to its previous request.

Furthermore, the Committee recalls that the ILO Governing Body at its 334th Session, October–November 2018, on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of Convention No. 62 as an outdated instrument, and placed an item on the agenda of the 112th Session of the International Labour Conference (2024) for the consideration of its abrogation. The Governing Body requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning OSH in construction, the Safety and Health in Construction Convention, 1988 (No. 167). The Committee encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying Convention No. 167.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the joint observations of the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) received on 31 August 2021 and the comments provided by the Government in this respect.

Article 5 of the Convention. Adequate and appropriate system of inspection. Effective enforcement and compliance. Further to its previous comment, the Committee notes that the Government refers to the asbestos supervision programme of the labour inspectorate which aims to increase compliance with the relevant legislation by companies holding certificates for asbestos removal work. The Government specifies that under this programme: (i) there is the objective of inspecting certified companies at least once every three years; (ii) in practice 90 per cent of these companies were inspected in this period; (iii) notorious non-compliant companies are visited several times a year and may have their activities temporarily suspended (three suspensions were issued in 2020 following the detection of serious and frequent violations); (iv) awareness-raising of employers and workers about the dangers and risks of asbestos is carried out in asbestos removal companies; and (v) in 2020, the programme focused on targeting illegal asbestos removals as well as on occupational groups working in installation and plumbing companies. The Government also refers to the increased capacity of the labour inspectorate and to the development of new assessment tools for certified companies engaged in asbestos removal and for workers. The Government further indicates that, in 2020 violations were identified in about 55 per cent of the companies inspected, most of which had committed serious violations, including the absence of risk assessments and the illegal removal of asbestos and that there is an ongoing criminal investigation in relation to illegal asbestos removal.

The Committee notes that the FNV and CNV reiterate observations on the functioning of the certification system for asbestos removal companies, stating that those that systematically fail to comply with the legislation can continue to operate and their certificates are very rarely removed. In their view, following serious violations where workers are exposed to asbestos beyond the limit value of 2000 fibres/m3, the companies’ operations should not be stopped temporarily, but permanently.

In this regard, the Committee takes note of the Government’s indications that: (i) the measures adopted by the labour inspectorate with respect to offending certified companies should be proportionate to the seriousness of the violations detected and it would not be proportionate to ban the operation of these companies following the detection of one serious violation; (ii) ordering a temporary halt of all activities of such companies is a serious measure applied by the labour inspectorate that can have direct and major consequences; (iii) the labour inspectorate reports suspicions of non-compliance by a certified company to the certification bodies, which determine whether this is the case and then take action; (iv) when non-compliance with the requirements of the certification system is detected, the certification bodies take appropriate measures against certified companies, including issuing a warning, unconditional or conditional suspension of activities and, as a final measure, withdrawal of the certificate (after giving the certified company the opportunity to implement the required improvements); and (v) the labour inspectorate supervises the certification system, including the manner in which certification bodies carry out their tasks and is authorized, if necessary, to impose measures on certification bodies, including suspension or revocation of their designation where there are serious shortcomings. The Committee requests the Government to continue to provide information on specific measures taken in practice by the labour inspectorate to ensure compliance with the provisions of the Convention, including information on the number of inspectors dedicated to asbestos-related inspections, inspection visits, violations detected, and penalties imposed, as well as activities to supervise the certification system for asbestos removal. The Committee also requests the Government to provide further information on certified companies whose certificates to work with asbestos have been withdrawn by the competent certifying bodies, following inspections carried out or actions taken by the labour inspectorate.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer), 148 (air pollution, noise and vibration) and 170 (chemicals) together.

The Committee notes the Government’s first reports submitted concerning these Conventions and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV), and the Trade Union Federation for Professionals (VCP) concerning Convention No. 139 and Convention No. 170, received in 2019, as well as the observations of the FNV and CNV on the application of Convention No. 148, received on 24 September 2020 and also submitted with the Government’s report.

Occupational Cancer Convention, 1974 (No. 139)

Articles 2 and 6(a) of the Convention. Replacement of carcinogenic substances and agents and consultations on measures to give effect to the Convention. The Committee notes that section 4.17 of the Working Conditions Decree of 1997 (as amended) gives legislative effect to the provisions of this Article by providing for the replacement of carcinogenic or mutagenic substances and processes with a view to minimizing the exposure of workers. The Committee notes however that the FNV, CNV and VCP state that there is a lack of discussion on substitution and that the substitution of carcinogenic substances should be discussed in the Social Economic Council (SER) before determining limit values. The Committee requests the Government to provide its comments in this respect, indicating the measures taken in practice to ensure that carcinogenic substances are replaced by non-carcinogenic substances or agents, or by less harmful substances or agents.

Article 3. Establishment of an appropriate system of records. The Committee notes that section 4.15 of the Working Conditions Decree requires employers to keep a list of employees who are or may be exposed to carcinogenic substances. The Committee notes however that the FNV, CNV and VCP state that proper registration systems in companies where workers are exposed to carcinogens are seldom used or available. The Committee requests the Government to provide its comments in this respect. It requests the Government to indicate the measures taken in practice by the labour inspectorate to identify companies where workers are exposed to carcinogenic substances and to ensure that these companies have established an appropriate system of records, as well as to indicate any consultations undertaken with the most representative organizations of employers and workers concerned.

Article 4. Workers provided with all the available information on the dangers involved from exposure. The Committee notes that section 8 of the Working Conditions Act of 1999 (as amended) and section 4.10d of the Working Conditions Decree require an employer to ensure that employees are given appropriate information about their duties and the associated risks, and on the measures in place to prevent or limit these risks. The Committee notes however that the FNV, CNV and VCP indicate that there have been reports revealing that workers are not informed of the dangers involved with their exposure to carcinogens, for example workers exposed to chromium 6 over long periods of time. The FNV, CNV and VCP further indicate that the situation for flex-workers is even worse. The Committee requests the Government to provide its comments in this respect, and in particular on measures taken to ensure that workers, including flex-workers, exposed to carcinogens are provided with all the available information on the dangers involved and on the protective measures to be taken.

Article 5. Medical examinations after the period of employment. The Committee notes that section 4.10d of the Working Conditions Decree states that a worker should be informed about the opportunity to submit to an occupational medical examination after termination of the exposure. The Committee requests the Government to provide further information on measures taken to ensure that workers exposed to carcinogens are provided with medical examinations after the period of their employment.

Article 6(c). Provision of appropriate inspection services. The Committee notes that the FNV, CNV and VCP have expressed their concerns regarding the system of self-regulation of working conditions and the lack of labour inspections with regard to occupational diseases. The Committee also notes that the FNV, CNV and VCP indicate that there is no system in the Netherlands for employers to report occupational diseases to the labour inspectorate. Referring to its comments on Convention No. 155, the Committee requests the Government to provide information on measures taken to ensure that the labour inspectorate is aware of workplaces where workers may be exposed to carcinogens and that appropriate inspections take place to ensure that these workplaces comply with the provisions of the Convention.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4 of the Convention. Protection against occupational hazards in the working environment. Air pollution. The Committee notes the provisions of the Working Conditions Act and Decree related to the protection against exposure to air pollution and dangerous substances. It also notes the statement of the FNV and CNV in its observations that while there are limit values established for many chemical substances, there are no specific health and safety regulations related to ultrafine particles. The Committee requests the Government to provide its observations in this respect.

Article 11(3) and (4). Continued assignment to work. The Committee requests the Government to provide information on the measures in place to ensure that where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, every effort is made to provide the worker concerned with suitable alternative employment or to maintain their income through social security measures or otherwise. The Committee also requests the Government to provide specific information on the provisions in place to ensure that the rights of workers under social security or social insurance legislation are not adversely affected.

Chemicals Convention, 1990 (No. 170)

Article 11 of the Convention. Transfer of chemicals. The Committee notes that section 4.10d of the Working Conditions Decree requires an employer to provide adequate information about the possible health and safety dangers associated with working with dangerous substances. The Committee requests the Government to indicate the measures taken to provide that employers ensure that when chemicals are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.

Application of the Convention in practice. The Committee notes that the FNV, CNV and VCP state that there is an imbalance between the regulatory framework which gives effect to the provisions of the Convention and the labour inspectorate which is responsible for ensuring that these provisions are applied in practice. The FNV, CNV and VCP state that with 8 million workers and only 260 labour inspectors, enforcement of the obligations contained in the Convention is not possible, in particular with reference to the exposure of workers to Chromium 6 and asbestos. The FNV, CNV and VCP also refer to a December 2017 study on how to deal with work-related health data and data on occupational side-effects to health risks indicating that: (i) important information about hazardous substances was not present in workplaces or was not shared by the persons responsible for safe working conditions; (ii) preventive instruments such as the risk assessments, the individual exposure registers and the Periodic Occupational Health Examination were often not used or not used adequately; and (iii) many companies lack a proper registration system for workers exposed to carcinogens. With reference to the comments under Convention No. 81, the Committee requests the Government to provide its comments in this respect, in particular indicating measures taken to ensure that the provisions of the Convention are applied in practice.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations made by the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and the Trade Union Federation of Professionals (VCP), as well as the joint observations made by the Confederation of Netherlands Industry and Employers (VNO–NCW) and the Royal Association of Dutch SME Entrepreneurs (MKB Netherlands), communicated by the Government with its report.

The Committee notes the information provided by the Government in relation to the effect given to the following Articles of the Convention: Articles 1(1), 4 and 8 (scope of application, national occupational safety and health (OSH) policy and the measures taken to give effect thereto, self-employed workers); Article 10 (measures to provide guidance to employers and workers, safety and health obligations); Article 17 (two or more undertakings engaged in activities simultaneously at one workplace); and Article 19(c) and (e) (information and consultation at the level of the undertaking).

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 report of the tripartite committee set up to examine the representation 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), made under article 24 of the ILO Constitution by the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and the Trade Union Federation of Professionals (VCP) (formerly the Trade Union Confederation of Middle and Higher Level Employees’ Unions (MHP)) was adopted by the Governing Body at its 322nd Session (November 2014).

Articles 4, 7 and 8 of the Convention. Follow-up by the Government with the social partners to the issues raised in the representation under article 24 of the ILO Constitution, in the context of the review of the national policy. The Committee previously requested the Government, in accordance with the corresponding recommendations of the tripartite committee, to follow up on the issues discussed in the abovementioned representation in the context of the periodic review of the national OSH policy, and to provide information on the identification of major problems of coherence, the methods taken for dealing with them, and priorities for action. The Committee notes that the FNV, CNV and VCP indicate that they consider it to be most regrettable that the inspectorate unilaterally ended the periodic informal consultation with the trade unions about health and safety issues. For two years, there has been no joint consultation. Instead of the former periodic meetings and discussions, the inspectorate sent the draft of the annual programme for comments in mid-summer, during a period when many trade union representatives were on holiday. The Committee further notes the observations of the FNV, CNV and VCP that only one meeting with the Government had taken place to discuss the conclusions in the article 24 representation in April 2015 on the initiative of the Dutch trade union confederations, and that no tripartite meeting with the employers association has yet taken place.

In this regard, the Committee notes the Government’s indications that it will continue to involve the social partners in the formulation, implementation and periodical review of the national OSH policy, as it has done in the past. The Government indicated that, in 2012, the social partners represented in the Social and Economic Council (SER) unanimously supported the Dutch OSH system. The Government further indicates that periodic deliberations with the social partners in order to optimize the OSH policy and enforcement will be initiated this year, including on the annual labour inspection programme and the annual labour inspection report. Moreover, the recommendations in the report of the tripartite committee have already been discussed with the intention of further improvement of the performance of OSH policy and enforcement. The Committee requests the Government to provide information on the concrete steps taken to continue to involve the social partners in the formulation, implementation and periodical review of the national OSH policy, and in particular to follow up on the issues discussed in the abovementioned representation.

Article 11(c). Notification of occupational diseases. The Committee recalls that the tripartite committee considered in its report that there were shortcomings in the reporting of occupational diseases to the Netherlands Centre for Occupational Diseases (NCvB). The Committee therefore asked the Government, in its comment under Convention No. 81, to provide information on the outcome of the examination of the ways in which the system for the notification of occupational diseases can be improved and the actions taken as a result. In this regard, it notes the Government’s reference to a 2014 study which finds that the reasons for the under-reporting of occupational diseases to the NCvB include the lack of awareness, knowledge, experience or time of occupational physicians to determine and notify occupational diseases. The Government indicates that discussions will be held with the relevant stakeholders to see how to move ahead with the results of the study. The Government also refers to the proposed revision of the legislation on the occupational health-care system (expected to be introduced by July 2016), which provides that contracts between the employer and OSH services or occupational physicians must contain the explicit obligation to notify cases of occupational disease.

The Committee also notes from the Government’s report that there has been an increase from 2013 to 2014 in the number of cases of occupational disease reported (from 6,391 to 8,513). According to the Government, this increase is largely a result of investigations by the labour inspectorate concerning the reporting behaviour of occupational physicians. The FNV, CNV and VCP indicate that occupational physicians working for OSH services are contracted by employers, and therefore may be less likely to provide workers with information about an occupational disease which may lead to a claim against their employer. The trade unions also consider that employers rather than occupational physicians should be held responsible for reporting occupational diseases, based on the information provided to them by occupational physicians. The Committee requests the Government to continue to provide information on the examination of the ways in which the system for the notification of occupational diseases can be improved and the actions taken as a result, and their impact.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Articles 3(1) and 6(1) of the Convention. Dose limits for pregnant women and for the protection of the embryo/foetus. The Committee notes that pursuant to section 80(1) of the Decree on Radiation Protection, the employer must ensure that the working conditions for pregnant workers are such that the equivalent dose for the unborn child is as low as reasonably achievable and that it is improbable that this dose will exceed 1 mSv. The Committee also notes that pursuant to section 72, if a worker may be pregnant, special attention should be paid to the justification of exposure and the optimization of radiation protection, which takes into account the dosage for both the woman and the unborn child. In this respect, the Committee would like to draw the Government’s attention to paragraph 33 of its general observation of 2015, which provides that the methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public, for which the annual effective dose limit is 1 mSv. Noting that section 80(1) of the Decree on Radiation Protection provides that working conditions must make it improbable for the dose to exceed 1 mSv for the unborn child, the Committee requests the Government to continue to provide information on the methods of protection at work for workers who are pregnant.

Articles 6(2) and 7(2). Dose limits in occupational exposure and dose limits for persons between 16 and 18 years of age. The Committee notes the Government’s indication that amendments to the Decree on Radiation Protection came into effect in January 2014. It notes in this regard that pursuant to section 77(1)(b)(1°) of the Decree on Radiation Protection, the equivalent dose to the lens of the eye for radiation workers is of 150 mSv in one year and that pursuant to section 78(3)(b)(1°), the equivalent dose to the lens of the eye for workers between 16 and 18 years of age is of 50 mSv in one year. With reference to paragraphs 11, 13, 32 and 34 of its 2015 general observation, the Committee draws the Government’s attention to the most recent recommendations of the International Commission for Radiological Protection according to which the equivalent dose to the lens of the eye for radiation workers should be 20 mSv, averaged over defined periods of five years, with no single year exceeding 50 mSv per year, and for students and apprentices between the ages of 16 and 18 who use sources of radiation in the course of their studies, an equivalent dose to the lens of the eye of 20 mSv/year. The Committee requests the Government to provide information on measures taken to review, in light of current knowledge, the maximum permissible doses established with respect to the lens of the eye for radiation workers and for students and apprentices between 16 and 18 years of age.

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

Article 1 of the Convention. Update on new legislation and regulations. With reference to its previous comment, the Committee notes the information in the Government’s report that, since 2007, a large number of occupational health and safety (OSH) catalogues have been developed by the social partners at the level of sectors and branches, and that the Labour Foundation is currently running a project, subsidized by the Ministry of Social Affairs and Employment, which focuses on the implementation of the OSH catalogues. The Committee also notes that, in July 2012, the OSH regulations were amended in relation to self-employed workers (Zelfstandigen zonder personeel (ZZP)), in order to ensure that the same rules apply to those who are self-employed and employees alike, enhancing the enforceability of OSH regulations. The amendments were a result of advice from the Social and Economic Council regarding self-employed workers and their working environment. The Committee also notes that the Enhancement of Regulations on Enforcement and Sanctions Law came into force on 1 January 2013, enabling heavier fines and more opportunities to shut down a business when labour laws, such as the Working Conditions Act, are violated. The Committee requests the Government to continue to provide information on the development of the OSH catalogues and their implementation, as well as on new legislation, in relation to the application of the Convention.

Article 4. Maintain an adequate system of inspection to ensure the effective enforcement of laws and regulations relating to safety precautions in the building industry. Application of the Convention in practice. The Committee notes the statistical information in the Government’s report on the number of enterprises, accidents and inspections in the building industry between 2009 and 2014. The Committee notes that in addition to the OSH catalogues, other initiatives have been developed in the building sector to improve the health and safety of the workers, including, practical tools for risk assessment and safety performance to support employers and workers in the sector, as well as agreements between parties concerned, aimed at further improving safety and health performance. The Committee also notes that between 2009 and 2013 an action programme by the Government, in which the construction industry actively participated, aimed at reducing accidents and improving the safety culture and behaviour was implemented, and that the targeted reduction, a decrease of 25 per cent of accidents, was achieved. The Committee further notes the information that the Storybuilder, a project initiated in 2003, to analyse the most serious occupational accidents in the country is in progress. All 20,030 serious occupational accidents investigated by the Dutch labour inspectorate over a period of 12 years, from 1998−2009, have been entered into a database and the data has been analysed in order to gain insight into the causes of the accidents or possible patterns therein. The Government also refers to the safety index tool which is a tool to measure the safety performance on the construction site. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistics on the number of workplaces in the building sector, the number of these workplaces covered by labour inspection, the number of inspections undertaken, the number, nature and causes of accidents reported, the number and nature of the contraventions reported.

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

Article 1(4) of the Convention. Exclusions. Consultation. The Committee notes the information provided by the Government as regards the exclusion of workers working in installations dealing with “transportation by pipeline” from the application of this Convention.

Article 4. National policy. Risk assessment concerning the risks of major accidents. The Committee previously noted the Government’s indications that the new so-called “ARIE-Regulations” provide for supplementary obligations concerning risk assessment and evaluation applicable to companies working with large quantities of dangerous substances and that transport-related companies considered that these regulations were not appropriate to their specific situation due to the rather low number of accidents in this sector, which does not justify supplementary obligations imposed on them under the ARIE-regulations. It noted that the Minister of Labour and Social Affairs asked the Social Economic Council (SER), in which employers and workers are represented, for advice as to possible amendments to the ARIE-Regulations and that the recommendations of the SER were expected for summer 2009. It also noted that the Netherlands Trade Union Confederation (FNV) indicated that the low number of accidents reported by the transport sector did not justify lowering safety and health measures by not applying the measures imposed by the ARIE-Regulations. The FNV considered that, while the transport sector used an erroneous argument to water down the existing ARIE-Regulations, the mere risk perception could not be the basic principle for safety and health measures and legislation. The Committee notes the information in the Government’s current report, that due to political discussions and further research to elaborate upon the recommendations of the SER, the ARIE-regulations have not yet been modified. The Committee requests the Government to provide information on the manner in which this legislation, once adopted, will impact the application of the Convention, in both law and in practice. It requests the Government to indicate the relevant provisions in this regard.

Article 16(a) and (b). Responsibilities of the competent authorities concerning off-site emergency preparedness. The Committee previously noted that there appears to be no provisions in the legislation which obliges the competent authority to disseminate information on safety measures to members of the public liable to be affected by a major accident and to warn them as soon as possible in the event of a major accident. The Committee notes the information in the Government’s current report, stating that the Act on Safety Regions which took effect in 2010, establishes the legal basis for the off-site emergency plans, which are the responsibility of the local authority in each of the 25 specific safety regions. It notes that the local authority is responsible for drafting an off-site emergency plan. However, the Committee once again notes that no information is provided in the Government’s report on the effect given to Article 16(a) and (b), which oblige the competent authority to disseminate information to members of the public liable to be affected by a major accident without their having to request it, and that such information is updated and redisseminated at appropriate intervals, and to ensure that warning is given as soon as possible in the case of a major accident. The Committee requests the Government to provide information on the measures taken to ensure that the local authorities disseminate to members of the public information liable to be affected by a major accident, information on safety measures, and that warning is given to members of the public, as soon as possible, in the case of a major accident.

Article 17. Siting of major hazard installations. The Committee previously noted that the relevant national legislation does not contain provisions with respect to the obligation of the competent authority to establish a comprehensive siting policy, arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities, and that the Government did not supply any information in this respect. The Committee notes from the Government’s current report that the siting of a major hazard installation is permitted with an environmental permit, which can only be issued if the spatial plans allow this type of development. It notes that the protection of the community, environment and the surrounding area is taken into account before a permit is issued and that, for the expansion of current developments, a new permit is needed and that the Act on Spatial Planning provides the legal basis for the spatial plans. The Committee requests the Government to specify which provisions of the Act on Spatial Planning ensure the implementation of the comprehensive siting policy, arranging for the separation of proposed major hazard installations from working and residential areas and public facilities, which draws on Part II of the Convention (periodic review of the policy by the competent authority after consultation with the most representative organizations of employers and workers and with other interested parties who may be affected). It also requests the Government to provide a copy of the referenced legislation to enable it to evaluate the effect given to this provision of the Convention.

Application of the Convention in practice. The Committee had previously noted the number of incidents in major hazard installations reported to the labour inspectorate between the years 2005 and 2008 and that the overall number of incidents increased considerably in 2006 and 2007, then decreased in 2008. The Committee had requested the Government to clarify the causes of this rise. It notes the information in the Government’s current report that, although it recognizes that the number of incidents was higher for that period, the cause is not exactly known to the Government, nor the inspection services. It further notes that, since 2004, there have been several projects to improve safety at the major hazard companies. The Committee further notes the statistical information from 2009 to 2013 in the Government’s report, and that, as of 1 March 2014, 407 establishments have been reported as falling under the scope of the Hazards of Major Accidents Decree of 1999, compared to 366 establishments in 2009, and that 298 establishments have been reported as falling under the scope of the ARIE-regulations of February 2014, compared to 365 in 2009. The Committee also notes that, although the number of inspections remained constant between 2009 and 2013, the number of official actions, including warning and official reports, by the labour inspectorate against companies, declined in 2013, compared to the previous years. Finally, the Committee notes that the number of safety reports judged by the labour inspectorate doubled in 2011. The Committee requests the Government to provide information on the projects to improve safety at the major hazard companies, and to continue to provide information on the manner in which the Convention is applied in practice in the country. The Committee would appreciate receiving clarification as to the cause of the increase in the number of safety reports received by the labour inspectorate in 2011.

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

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.]

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

The Committee notes the observations of the Netherlands Trade Union Confederation (FNV) received on 28 August 2014.

Legislation. The Committee notes the information in the Government’s report that, since February 2012, new provisions in the field of certification of asbestos removal are in place, and that the national system for certification has been changed in order to have stricter reinforcement with regard to non-conforming certificate holders and certifying institutions. The Committee also notes that, since 1 April 2014, the compensation scheme for asbestos victims (“TAS” and “TNS” scheme), which was originally open to victims of mesothelioma, has been modified so that victims suffering from asbestosis can also apply. The Committee also notes the observations made by the FNV, complimenting the Government on the new Legal Limit Values (or Binding Occupational Exposure Limits (BOELs)) which bring changes to the limit values for asbestos and will be implemented and enforced in 2015. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 5 of the Convention. Adequate and appropriate system of inspection and appropriate penalties. The Committee notes the information in the Government’s report that, since January 2012, the Labour Inspectorate I SZW (I SZW) has a special team dedicated to asbestos inspection and that enforcement has intensified and is focused on high-risk activities, mainly in the undertaking of demolition work with exposure to asbestos. The minimum penalties for violations of the rules on working safely with asbestos were doubled and in cases of recidivism progressively higher penalties are enforced, a policy with which the FNV agrees. The Committee notes, however, that the FNV, in its observations, worries about the system of certification of asbestos removal/demolition companies, stating that those who do not comply with the law should be punished and have their certificate removed. The FNV is also worried about the way in which the I-SZW is operating in the field of asbestos, as there are only 13 labour inspectors responding to more than 53,000 asbestos removal reports each year. The FNV further indicates that 70 per cent of the asbestos removal companies do not feel enough pressure from the I-SZW. The Committee notes from the Government’s report that a self-inspection tool was developed, giving instructions to workers and employers on asbestos removal, as well as, the national asbestos following system (LAVS), a system for the exchange of information between all parties involved when the asbestos removal/demolition is in progress. This system aims to make enforcement easier and more effective by national and local authorities and to make the asbestos removal process more transparent for property owners. The Committee notes that the FNV does not believe that the self-inspection tool is effective for companies which deliberately contravene the health and safety regulations and that the positive impact of this tool on the protection of workers is not known. In light of the concerns raised by the FNV, the Committee requests the Government to provide information on the measures taken to ensure the effective enforcement of the provisions of the relevant legislation, including with regard to the number of labour inspectors who specialize in asbestos and the penalties imposed in case of violation of the legal provisions. The Committee also asks the Government to give an appreciation of the impact of the self-assessment tool on the protection of workers.

Application of the Convention in practice. The Committee notes the information in the Government’s report regarding the allocation of compensation for victims suffering from mesothelioma. In 2012, 469 persons suffering from mesothelioma received an allowance, which was an advance payment by the Government, preceding potential compensation by employers, ensuring that victims receive compensation while they are still alive, since asbestos victims are often deceased by the time an employer is willing to pay compensation, due to negotiations or lengthy court processes. Moreover, this allowance provides for compensation in cases where the former employer is unknown or can no longer be traced, and it is in addition to the income that the victims receive during sick leave or disability leave. The Committee notes that 63.7 per cent of the mediations for victims or their companions resulted in compensation. It further notes that the I SZW intensified communication about the risks of asbestos and that national meetings were organized and tools were developed to influence the behaviour and attitude of workers who are at risk of exposure to asbestos. The Committee requests the Government to continue to provide detailed information on the application of the Convention in practice, including information on the number of workers covered by the relevant legislation, the number and nature of contraventions reported and the number of occupational diseases reported as being caused by asbestos.

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

Part V of the report form. Application in practice. The Committee notes with interest the comprehensive information provided by the Government in its latest report, including statistical information on the application of the Convention in the Netherlands and information on compensation entitlements for asbestos victims suffering from mesothelioma. The Committee notes the comments submitted by the Netherlands Trade Union Confederation (FNV) and received by the Office on 30 August 2010 which indicate that only half of the victims of mesothelioma receive the full fixed standard amount of compensation. The Committee welcomes the detailed ten-year survey report published by the Dutch Institute for Asbestos Victims (IAS) and its informative website which contains relevant asbestos-related information from all over the world. The Committee also notes the significant work undertaken by IAS in the field of asbestos, including the development of a database on asbestos victims; research on the diagnostic techniques and medical panels on mesothelioma; research on asbestos-related lung cancer; and research on the possible link between the method of asbestos exposure and the nature of its carcinogenic effect. The Committee further notes the information indicating measures that have been taken to control work with asbestos, including the enhancement of the procedures and the enforcement of local authorities; a more integrated enforcement approach and higher fines; enhancement of the system of certification; and the possible incorporation of new scientific conclusions (in particular, possible limit values) in legislative measures. The Committee notes that the comments of FNV call for close monitoring of the effects of such measures. The Committee asks the Government to continue to provide information on the application of this Convention in practice, in particular on the outcome of measures taken to address the hazards involved when undertaking demolition work where there is exposure to asbestos and on the allocation of compensation for victims suffering from mesothelioma, in light of the comments received from FNV.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the observations provided by the Confederation of Netherlands Industry and Employers (VNO-NCW) and the Netherlands Trade Union Federation (FNV) on the application of this Convention. The VNO-NCW refers to the experience of many companies with respect to the application in practice of the ARIE-regulations which provide for supplementary obligations in the risk assessment and evaluation applicable to companies working with large quantities of dangerous substances. The VNO-NCW indicates that small and medium-sized enterprises encounter difficulties to ascertain whether or not these regulations apply to them. The FNV indicates that the low number of accidents reported by the transport sector does not justify lowering safety and health measures by not applying the measures imposed by the ARIE-regulations. The FNV considers that, while the transport sector uses an erroneous argument to water down the existing ARIE-obligations, the mere perception of risk cannot be the basic principle for safety and health measures and legislation. The Committee requests the Government to provide its comments on the matters raised by the VNO-NCW and the FNV.

Article 1, paragraph 4, of the Convention. Tripartite consultation and provision of equivalent protection. The Government notes that workers working in installations dealing with “transportation by pipeline” have been excluded from the application of this Convention. The Committee requests the Government to indicate to what extent the representative organizations of workers and employers and other interested parties have been consulted on the exclusion of work dealing with transportation by pipeline from the application of the Convention and to specify the measures taken to provide equivalent protection to workers in the excluded installations or branches.

Article 4. Risk assessment concerning the risks of major accidents. The Committee notes the Government’s indications that the new so-called ARIE-Regulations provide for supplementary obligations concerning risk assessment and evaluation applicable to companies working with large quantities of dangerous substances. The Government further indicates that an evaluation of the practical application of the ARIE-Regulations has been carried out in 2007 and that the results of this evaluation were positive, that is, ARIE-Regulations contribute to effective risk control in companies which fall under its scope of application. However, transport-related companies consider that these regulations are not appropriate to their specific situation due to the low number of accidents in this sector which does not justify supplementary obligations imposed to them under the ARIE-Regulations. On the grounds of the results of the evaluation, the Minister of Labour and Social Affairs asked the Social Economic Council (SER), in which employers and workers are represented, for advice as to possible amendments to the ARIE-Regulations. The recommendations of the SER were expected for summer 2009. Taking due note of this information, the Committee requests the Government to supply the recommendations of the SER on possible amendments of the ARIE-Regulations. It further requests the Government to provide a copy of the ARIE-Regulations.

Article 6. Handling of confidential information on major hazard installation. The Committee notes that neither the relevant legislation, nor the Government’s report refers to the protection of confidential information on major hazard installations and the manner in which the representative organizations of workers and employers are consulted thereon. The Committee therefore requests the Government to provide information on how application is given to this Article of the Convention.

Article 10, paragraph 2. Preparation of safety reports. The Committee notes that section 9 of the Major Accidents (risks) Decree requires the operator to establish a safety report which describes the current situation as to safety in the establishment concerned and that section 10, paragraph 1, of the same Decree provides for the elements to be contained in the safety report. However, section 9 of the Major Accidents (risks) Decree does not prescribe when the safety report must be established. The Committee recalls the provision of Article 10(2) of the Convention, according to which the safety report must be prepared either within a period after notification prescribed by national law or regulation or, in the case of a new major hazard installation, before putting it into operation. The Government is requested to provide clarification as to when safety reports have to be prepared.

Article 14. Reporting obligations after major accidents. Please indicate the legal basis providing for the employer’s obligation to present to the competent authority, within a fixed time frame after a major accident, a detailed report containing an analysis of the causes of the accident and describing its immediate on-site consequences, and any action taken to mitigate its effects.

Article 16, subparagraphs (a) and (b). Responsibilities of the competent authorities concerning off-site emergency preparedness. With regard to the responsibilities of the competent authorities concerning off-site emergency preparedness, the Committee notes that section 9 of the Working Conditions Act only prescribes the notification duties of the employer vis-à-vis the supervisor. Section 2.5 f., of the Working Conditions Decree, requires the employer to provide the necessary general information to make a risk assessment with regard to neighbouring establishments in cases where a major accident could have consequences for the workers in those neighbouring establishments. However, there appear to be no provisions which oblige the competent authority to disseminate information on safety measures to members of the public liable to be affected by a major accident and to warn them as soon as possible in the event of a major accident. The Committee requests the Government to provide additional information on the manner in which effect is given to these provisions of the Convention.

Article 17. Siting of major hazard installations. The Committee notes that the relevant national legislation does not contain provisions with respect to the obligation of the competent authority to establish a comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities. It also notes that the Government did not supply any information in this respect. The Committee requests the Government to provide the corresponding information.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government on the number of official actions, such as warnings and official reports, taken by the labour inspectorate. It considers, however, that it would also need information on the overall number of inspections carried out in major hazard installations in order to determine the level of application of the Convention in practice. The Committee hence would therefore appreciate receiving, with the Government’s next report, information on the number of inspections carried out in major hazard installations. The Committee notes the information provided on the number of incidents in major hazard installations reported to the labour inspectorate between the years 2005 and 2008. It notes that the overall number of incidents increased considerably in 2006 and 2007 and went down again in 2008 to the level of 2005. The Committee would appreciate receiving clarifications as to the causes which provoked a clear increase of incidences in 2006 and 2007. The Committee further notes the number of major occupational accidents reported to the European Major Accidents Reporting System (MARS). It also requests the Government to continue to provide information on the manner to which the Convention is applied in practice in the country.

Finally, in the light of the profound changes in the approach to occupational safety and health in recent years and as a result the changes to the national occupational safety and health policy and legislation, the Committee requests the Government to provide a detailed report when the next report is due.

[The Governments is asked to report in detail in 2014.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government regarding the adoption of the Decree on Radiation Protection of 16 July 2001 (Stb. 397) (BS) and of the Decree on the Nuclear Power Plants amended by decree of 8 July 2002 (Stb. 417) which give further effect to the Convention including its Articles 7 and 8.

Article 3, paragraph 1, and Article 6 of the Convention. Maximum permissible doses for occupational exposure. The Committee notes that section 77 of the BS provides for a maximum permissible occupational exposure limit of 20 mSv per year which corresponds to the recommendations relevant for the application of this Convention by the International Commission on Radiological Protection (ICRP) referred to in the 1992 general observation under this Convention. The Committee requests the Government to keep it informed of any further reviews of these limits in the light of current knowledge.

Article 3, paragraph 1, and Article 6, paragraph 1. Dose limits for pregnant women and for the protection of the unborn child. The Committee notes the information that section 80 provides that pregnant women should report their pregnancy to their employer, and that the Confederation of Netherlands Industry and Employers (VNO NCV) has observed that this is a necessary obligation although it is in conflict with existing Dutch national legislation on the protection of private data. The Committee also notes that section 80 of the BS also provides that the unborn child is protected as a member of the public, that is 1 mSv per year maximum exposure. With reference to its 1992 general observation the Committee notes that while section 80 of the BS corresponds to the ICRP recommendations in other parts, the ICRP recommendations also indicate that the unborn child may be more sensitive to the induction of later malignancies. The ICRP recommendations further indicate that although no special limits are provided on exposure and intake for the women concerned before pregnancy is declared, once this declaration has been made, the ICRP recommendations consider that the unborn child should be protected by applying a supplementary equivalent dose limit to the surface of the women’s abdomen (lower trunk) of 2 mSv for the remainder of the pregnancy and by limiting intakes of radionuclides to about 1/20 of the ALI. The ICRP recommendations however emphasize that the use of source-related dose constraints usually should ensure compliance with the limit of 1/20 of the ALI, and that the employment of pregnant women should be of a type that does not carry a significant probability of high accidental doses and intakes. Identification of such situations should be determined by regulatory agencies. The Committee requests the Government to provide information on measures taken or contemplated to adapt the respective dose limits found in the national legislation to those of the recommendations adopted by the ICRP in 1990 to ensure effective protection of women workers of reproductive capacity.

Article 3, paragraph 1, and Article 8. Dose limits for non-radiological workers and for the general public. The Committee notes the information that section 80 of the BS provide that the maximum dose limit for non-radiological workers is set at 1 mSv per year which is the same limit that is set for the general public which corresponds to the ICRP recommendations relevant for the application of this Convention. The Committee requests the Government to keep it informed of any further reviews of these limits in the light of current knowledge.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the response provided by the Government in its latest report, including information on the effect given to Article 2(b)–(e), Article 3(2), Article 4, Article 12(1), and Article 22(1), of the Convention. The Committee also notes the information indicating that the total ban against asbestos of 1993 remains in force without exceptions and that recent amendments to legislation reflect the provisions in the European Community Regulation on chemicals and their safe use (EC 1907/2006), which does not allow for derogations from the prohibition of the use of asbestos.

Article 21, paragraph 4. Compensation for workers suffering from asbestos-related diseases. The Committee notes the observations by the Federation of Netherlands Trade Unions (FNV), received on 25 November 2004 and transmitted to the Government on 6 December 2004. In its observations, the FNV particularly refers to possible entitlements to compensation of workers who suffer from asbestos-related occupational diseases, and to the issue currently under investigation as to whether or not the employer must pay a further amount in addition to the standard amount of compensation. The Committee requests the Government to provide further information on entitlements to compensation and compensation effectively paid to workers suffering from asbestos-related diseases.

Article 22, paragraph 1. Dissemination of information with regard to hazards due to exposure to asbestos. With reference to its previous comments on the observations by the Trade Union of Middle Categories and Senior Staff Unions, the Committee notes the information that the National Institute for Asbestos Victims is involved in the dissemination of information on the actual use of asbestos at workplaces. The Committee requests the Government to provide further information on the work of the National Institute for Asbestos Victims and how they are associated in the work related to the dissemination of information with regard to hazards due to exposure to asbestos.

Part V of the report form. Application in practice. The Committee notes the information provided in the Government’s report, including information on the records of all victims of mesothelioma, as records on occurrences caused only by work-related factors are not available. The Committee notes the observations by the FNV, submitted on 28 August 2009 and transmitted to the Government on 16 September 2009, indicating that, in their view, it should be possible to specify the number of victims of mesothelioma attributed to work-related factors, with reference, inter alia, to information made available by the National Institute for Asbestos Victims. The FNV further indicates that it has asked the Government to take action and set up a national asbestos register. The Committee also notes the observations by the FNV indicating that they concluded in 2007, that in the field of removing asbestos from building sites and other places, the situation in the Netherlands is poor and a lot of demolition work is done in a way where workers are not well protected. The Committee requests the Government to respond to these comments; to provide further information on the recording and notification procedures regarding victims of asbestos-related diseases; to provide relevant statistical information; and to indicate measures taken to ensure that workers involved in demolition are adequately protected from hazards related to exposure to asbestos.

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the observations submitted by the Netherlands Trade Union Confederation (FNV) on the Government’s brief report. These observations were transmitted to the Government on 16 September 2009.

Article 1 of the Convention. Update on new legislation and administrative regulations. The Committee notes the observations by the FNV that the Government’s latest report does not have content apart from remarking that there are no new developments. The FNV has indicated that this content is insufficient considering that, during the reporting period, occupational safety and health legislation in the Netherlands has changed dramatically. These changes imply a possibility for the social partners to develop so-called “Health and Safety catalogues” at the level of sectors and branches, with the aim of establishing the means by which the goals of the Working Conditions Act can be reached. The FNV notes that, in the building sector, such catalogues have been developed. The Committee asks the Government to include, in its next report, information on any further legislative measures adopted in respect of the Convention and to update the Committee on the success of the “Health and Safety catalogues”.

Article 4 and Part V of the report form. Maintain an adequate system of inspection to ensure the effective enforcement of its laws and regulations relating to safety precautions in the building industry. The Committee notes that the Government included comprehensive information on the application of the Convention in practice in their report for the period 1 June 1996 to 1 June 2001, but that no such information was provided in this year’s report. The Committee notes the observations by the FNV which indicate that during the reporting period there were several incidents in the building sector with regard to chemical substances, illegal work, the risk of falling from heights and several other dangerous aspects that have been indicated in reports made by the labour inspectorate, and that this information is not included in the Government’s latest report. The Committee asks the Government to include information in its next report on the application of the Convention in practice, including data on the number of enterprises involved in the building sector, the number of work accidents and the number of inspections undertaken and any measures taken to reduce the number of accidents in this sector.

The Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises this Convention and which may be better suited to the current situation in the building industry. It reminds the Government that the ILO Governing Body invited States parties to this Convention to examine the possibility of ratifying the Safety and Health in Construction Convention, 1988 (No. 167), the ratification of which implies ipso jure immediate denunciation of Convention No. 62 (document GB.268/8/2). The Committee requests the Government to keep it informed of any developments in this regard.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s latest report indicating recent legislative amendments to the Working Conditions Act, which introduce a new distinction of responsibility between the Government and the social partners. The Committee also notes the observations, attached to the Government’s report, from the National Federation of Christian Trade Unions (CNV) and the Confederation of Netherlands Industry and Employers (VNO–NCW), and observations received from the Netherlands Trade Union Confederation (FNV), transmitted to the Government on 16 September 2009. The Committee notes the attached summary of the National Centre of Occupational Diseases’ annual report which provides an interesting insight into occupational diseases, including trends and dissemination of information within branches and occupations. The evidence of fewer health problems as a result of the smoking ban in bars and restaurants is particularly interesting.

Article 5, subparagraph (d), and Article 11, subparagraph (e), of the Convention. Communication and cooperation at the levels of the working group and the undertaking, and the publication of information. The Committee notes the observations by the FNV indicating that workers do not have a legislated right to request documents on risk assessment and measures taken in the enterprise to address these risks. The Committee asks the Government to provide further information on the legislative measures in place that give effect to Article 5(d) and Article 11(e) with regard to workers’ access to information on risk assessment and measures taken in the enterprise to address these risks.

Article 9, paragraph 1. Labour inspectorate. The Committee notes the information provided indicating that of the approximately 350,000 enterprises in the Netherlands with at least one employee, the labour inspectorate proactively inspects 20,000 enterprises every year. With regard to the observations by the FNV stating that complaints from workers regarding non-compliance with the laws are not always investigated, the Committee notes that the Government has indicated that all complaints are investigated, and that the anonymity of the complainant is always kept. The Committee notes, however, that the Government has not transmitted a copy of the relevant internal instruction of 17 June 2008 of the labour inspectorate, as requested. The Committee also notes that in response to observations made by the FNV, the Government has indicated that it is standard procedure and part of the training and instruction of inspectors to allow the works council the opportunity to accompany the inspector and to discuss problems privately, and that after an inspection the works council is entitled to a copy of the letter(s) sent to the employer. The Committee requests the Government to transmit a copy of the internal instruction of 17 June 2008 of the labour inspectorate, which protects anonymity of complainants.

Article 10. Safety and health covenants. The Committee notes that the final evaluation report on the use of covenants has shown that enterprises in non-covenant sectors showed fewer improvements on OSH risks. The Committee hopes that the new measures undertaken by the Government, with regard to the rearrangement of employer, worker and government responsibilities in the private and public domain, will contribute to increased compliance with legal obligations across enterprises. The Committee asks the Government to keep it informed in this respect.

Article 11, subparagraph (c). Notification of occupational diseases. The Committee notes the observations by the FNV with regard to under-reporting of occupational diseases. The Committee notes the Government’s response on measures taken to improve the reporting of occupational diseases in the national registration system of the National Committee on Occupational Diseases, including improved communication and rapport with the experts responsible for submitting the reports by providing tailor-made information to these experts, offering feedback and refresher courses, as well as developing guidelines to empower experts to report occupational diseases. The Committee asks the Government to provide further information, in its next report, on the impact of these measures.

Article 17. Two or more undertakings engaged in activities simultaneously at one workplace. The Committee notes the observations by the VNO–NCW, with reference to this Article, indicating that while the responsibilities of cooperating employers at one worksite is regulated clearly in the Working Conditions Act and the Working Conditions Decree, in practice there are many obstacles to the implementation of the legal obligations in the distribution of responsibilities. The VNO–NCW also states that compliance in this area is not always duly examined during inspections. The Committee asks the Government to provide information on the practical application of Article 17.

Part V of the report form. Application in practice. The Committee notes with interest the recent revision to the Working Conditions Act which affects the distribution of responsibilities between the Government and social partners in terms of the development of regulations on occupational safety and health. It notes the Government’s statement that within the so-called “public domain” the prime responsibility of the Government is still to lay down general rules and targets to be met as far as the level of protection of workers is concerned and formulated, but that the so-called “private domain” is now to be the prime responsibility of the social partners, whereby they are to agree on ways and methods of working in order to achieve and implement those targets. The Committee notes that such agreements between employers and workers can be formulated in so-called “OSH catalogues” (“Arbocatalogues”), which can be submitted to the labour inspectorate for approval. After approval these measures will be considered as legally binding and inspectors will take them into account during their inspections. The Committee notes that the FNV has indicated that these “OSH catalogues” can only be approved at the branch or sectoral level, as opposed to the company level. The Committee also notes the observations by the FNV on the lack of clear prescribed targets and exposure limits in legislation; a lack of follow-up on a number of projects undertaken by the Government to promote a better culture of occupational safety and health in enterprises; and the availability and independence of company doctors or experts. The Committee also notes the information regarding the establishment of a “support group on risk assessment” which aims to actively promote the development and application of risk assessments, especially in small and medium-sized enterprises. Finally, the Committee notes the information regarding the uneven but overall downward trend related to fatal accidents and that the Government has indicated it is currently developing an action plan specifically to address fatal accidents. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including information on the progress related to the “OSH catalogues”; the development and impact of measures taken to address fatalities; and measures undertaken or envisaged to ensure there is appropriate follow-up on the completion of projects aimed at promoting occupational safety and health in enterprises.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report including the text of the Decree of 7 February 2004 amending the Working Conditions Decree, which the Committee now has been able to examine. It notes with satisfaction that the Decree gives effect to the provisions of the Convention. The Committee also notes the observations of the Netherlands Trade Union Confederation (FNV) on the Government’s report of the year 2004 as well as the Government’s reply to these observations concerning the contextual background to the recent legislative changes in the country including the implementation of a safety management system and the requirements to draw up additional risk inventory and evaluation documents (ARIE) for all installations combined and to have an ARIE document present at all installations. The Committee requests the Government to provide additional information on the background to the legislative changes referred to above and the experiences gained in their practical application.

2. Practical application of the Convention. The Committee notes that FNV considered that the Government’s 2004 report was incomplete on the question of major industrial accidents that had occurred, while the Government replied that it had provided statistics on the number of enterprises covered by the relevant laws and regulations. Noting that the provision of statistics in respect of major industrial accidents involving hazardous substances is essential for the purpose of a general appreciation of the manner in which the Convention is applied, the Committee requests the Government to continue to provide information on the practical application of the Convention including statistics of the major industrial accidents involving hazardous substances that occur in the reporting period.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the Government’s report and the information supplied including responses to the observations of the Netherlands Trade Union Confederation (FNV), the Trade Union Federation of Middle and Higher Level Employees (MHP) and the National Federation of Christian Trade Unions (CNV) made in the year 2004. The Committee also takes note of similar observations made by FNV, MHP and CNV this year.

2. Article 9(1) of the Convention. Labour Inspectorate. The Committee notes the information provided by the Government in respect of the number of inspectors, the number of health and safety inspections carried out on an average, the number of investigations into employee complaints and the number of fines imposed on an average. The Committee requests the Government to provide information on the total number of establishments in the country that are required to be inspected by the OSH inspectors, the frequency of such inspections and the functions of the OSH inspectors. In the light of the FNV’s observations that complaints from workers regarding non-compliance with the laws are not always investigated, the Committee requests the Government to clarify whether all such complaints from workers are investigated. The Committee further notes the indication of the Government that, according to the internal regulations and procedures of the labour inspectorate, the anonymity of the person who makes the complaint is always protected. It requests the Government to transmit a copy of the relevant internal regulations of the labour inspectorate for its examination. The Committee also notes the indication of the Government that the works council always gets the opportunity to accompany the labour inspector together with the employer. It also notes that section 12 of the Working Conditions Act, 1998, requires the members of the works council to be given the opportunity to meet the concerned inspection officials during their visit to the company or the institute, without others being present and to be given the opportunity to accompany the said officials during their visit to the company or the institute, unless the officials state they have objections to this in connection with the proper implementation of their task. The Committee requests the Government to provide information in respect of the measures taken in practice, to give effect to these requirements.

3. Article 10. Safety and health covenants. The Committee notes that the report submitted to Parliament on the results of the first nine safety and health covenants which lapsed in 2004 indicates that 57 per cent of the branches translate the agreements in the covenants into provisions contained in collective labour agreements entered into between the social partners at the branch level. It also notes the indication of the Government that such collective agreements would motivate the social partners to be continually vigilant about working conditions in their own sectors even after all the covenants lapse in the year 2006. The Committee requests the Government to indicate in its next report the measures taken to apply the provisions of the Convention in: (i) enterprises where no safety and health covenants had been concluded at all; and (ii) enterprises where safety and health covenants had been concluded but where no collective agreements have been entered into by the concerned social partners on the basis of the agreements contained in the covenants.

4. Article 11, paragraph (c). Notification of occupational diseases. The Committee takes note of the FNV’s observation that there is under-reporting of occupational diseases to the Netherlands Centre for Occupational Sickness. It also notes the indication of the Government that the Netherlands Centre for Occupational Sickness is working together with the private occupational safety and health services to improve the reporting on occupational diseases. The Committee requests the Government to indicate the measures taken in this respect, in its next report.

5. Part V of the report form. Practical application of the Convention. The Committee notes the indication of the Government that the Dutch Occupational Health and Safety Platform (OHS Platform) was established at the initiative of social partners in order to make information on legal requirements and best practices on safety and health issues available to small and medium-sized businesses (SMEs) which constitute its main focus. It also notes that the OHS Platform is part of the network of National Focal Points in relation to the European Agency for Safety and Health at Work and is financially supported by the Ministry of Social Affairs and Employment. The Committee also notes that the FNV disagrees with the general conclusion of the Government that "on the whole the Dutch situation on occupational safety and health has clearly improved during the years 1999-2004". The FNV observes that for many years the total number of (deadly) accidents has remained unchanged. The Committee requests the Government to continue providing information on the practical application of the provisions of the Convention, including information on the functioning of the OHS Platform.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s comprehensive first report and the documentation annexed. It would like to draw the Government’s attention to the following points requiring additional information.

1. Article 2, subparagraphs (b), (c), (d) and (e), of the Convention. Definitions. The Committee would like the Government to indicate the manner in which the terms "asbestos dust", "airborne asbestos dust", "respirable fibres" and "exposure to asbestos dust" are defined in the national legislation.

2. Article 3, paragraph 3, and Article 4. Derogations. The Committee notes that, pursuant to article 4.42 of the Working Conditions Decree, 2000, temporary derogations from the prohibition to handle, process or store asbestos or products containing asbestos may be granted by the Ministry of Social Affairs and Employment. For individual enterprises, article 9.11 of the above Decree authorizes the Labour Inspectorate to grant such derogations, if no alternative substance or technology are available. The Government indicates that such derogations are to be prepared in consultation with the social partners of the most important branches or with the employer and the workers or the workers’ representatives concerned. The Committee requests the Government to specify the legal basis providing for consultations prior to derogations from the asbestos prohibition spelled out in article 4.42 of the Working Conditions Decree, 2000. The Committee further requests the Government to indicate whether and, if so, to which extent general consultations take place with the most representative organizations of employers and workers concerned on the measures taken for the prevention and control of, and protection of workers against, health hazards due to occupational exposure to asbestos. Finally, the Committee notes the information provided with the Government’s report concerning the national and individual derogations granted from the asbestos interdiction. The Government refers in this regard to a derogation granted on the basis of articles 4 and 5 of the Decree to prevent the inclusion of asbestos free friction materials in vehicles, 1991. In this connection, the Government, however, announces that it intends to abolish this Decree in the near future because of the availability of substitute products. The Committee, while noting this information with interest, requests the Government to keep it informed on any changes in legislation on the matter.

3. Article 12, paragraph 1. Prohibition of spraying of all forms of asbestos. The Committee notes article 4.38 of the Working Conditions Decree, 2000, providing for the prohibition of spraying of products containing crocidolite. The Committee, recalling that Article 12, paragraph 1, of the Convention provides for the prohibition of spraying of all forms of asbestos, requests the Government to take the necessary measures to align the national legislation with this provision of the Convention.

4. Article 22, paragraph 1. Arrangements for information and education of all concerned. The Committee notes section 5.7, article 4.57 of the Working Conditions Decree 2000, providing that workers who perform work involving a risk of exposure to asbestos dust or crocidolite dust shall be properly informed and given effective instruction in accordance with a plan, which shall be drawn up in writing. However, this provision seems not to cover arrangements to be taken by the competent authority, in consultation with the most representative organizations of employers and workers concerned, to promote the dissemination of information and the education of all concerned with regard to health hazards due to exposure to asbestos and to methods of prevention and control. The Committee therefore requests the Government to indicate whether such arrangements have to be taken and, if that is the case, to indicate the legal basis providing for these arrangements.

5. Part V of the report form. Practical application. The Committee notes the information provided with the Government’s report regarding the practical application of this Convention in the country. It notes in particular the Government’s indication that the impact of asbestos is decreasing due to the total ban on asbestos, which became effective in 1993. Today, the most important exposure takes place during asbestos removal work. The Committee further notes the number of occupational diseases contracted due to workers’ exposure to asbestos as well as the statistical data on death caused by asbestosis. Although the overall number of cases of death caused by asbestosis seems to be rather modest, the Committee notes with concern the Government’s indication that, according to recent studies, the problem will amplify, i.e. the number of asbestos-related diseases will significantly increase in the next 35 years as a result of past exposure. In the light of this information, the Committee hopes that the Government will take all the measures necessary to ensure an effective protection of workers who are exposed or will be exposed to asbestos in the course of their work. It invites the Government to continue to supply information on the manner in which the Convention is applied in practice in the country.

6. Finally, the Committee requests the Government to indicate whether the legal text of 1993 providing for a total ban on asbestos is still in force and, if that is the case, to transmit a copy for further examination.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the comments provided by the Trade Union Confederation of Middle Categories and Senior Staff Unions (MHP) on the application of this Convention stating that the Committee, in its previous comments, was not in a position to determine precisely whether indeed effect is given to the provisions of the Convention. The MHP indicates that this is due to the fact that the text of the Radiation Protection Decree, to which the Government had referred, was not annexed to the Government’s report. The Committee, taking note of the observation of the MHP, notes that, at the time of its previous comments, the Radiation Protection Decree was not yet adopted. It however notes from the Government’s report that this Decree has been adopted on 16 July 2001, and came into force on 1 March 2002, as amended, to transpose the Basic Safety Directive 96/29/Euratom of 1996 and the Medical Radiation Treatment Directive 97/43/Euratom into national legislation, which reflect the 1990 Recommendations of the International Commission on Radiation Protection (ICRP) to which the Committee refers in determining the extent to which national legislations give effect to the provisions of this Convention. The Committee therefore requests the Government to supply a copy of the Radiation Protection Decree of 2001, as amended, for in-depth examination.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the information provided by the Government in its report for the period 1999-2004. It notes that the Working Conditions Act, 1998, which came into force on 1 November 1999, gives effect to most of provisions of the Convention.

The Committee takes note of the comments made by the National Federation of Christian Trade Unions (CNV) and sent by the Government with its report. The Committee asks the Government to communicate the observations on the content of these comments which it may wish to make in this regard. The Committee will examine the Act together with all the received information at its next session.

[The Government is asked to reply to the comments in 2005.]

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the comments sent by the Trade Union of Middle Categories and Senior Staff Unions (MHP), dated 27 September 2004, containing information on the tasks of the national Institute for Asbestos Victims, which consist in the dissemination of the actual use of asbestos at workplaces. The Committee also notes the comments supplied by the Federation of Netherlands Trade Unions (FNU), which the ILO received on 25 November 2004. In its comments, the Federation particularly refers to possible entitlements to compensation of workers who suffer from asbestos-related occupational diseases, and to the issue currently under investigation as to whether or not the employer must pay a further amount in addition to the standard amount of compensation. The Committee will address these comments at its next session along with the replies received from the Government.

The Committee is addressing a request on other points directly to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the information provided by the Government in its report. It notes that, during the reporting period, a number of articles of the Working Conditions Decree have been changed, and that the part of the Decree which is applicable for establishments dealing with large quantities of hazardous substances has been modernized. As this text is not now available to the Committee in one of the ILO working languages, it will examine its version at the next session in order to determine the extent to which the Decree in question gives effect to the provisions of the Convention.

The Committee takes note of the Netherlands Trade Union Confederation’s (FNV) comments on the Government’s report, sent directly to the ILO. The Committee asks the Government to communicate the observations on the content of these comments which it may wish to make in this regard. The Committee will examine at its next session all the information, including that received from the Government.

[The Government is asked to reply to the comments in 2005.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Part V of the report form of the Convention. Further to its previous observation, the Committee notes with interest the information provided by the Government on the practical application of the Convention. It notes in particular the information concerning the results of a study commissioned in 1996 by the Ministry of Social Affairs to examine the extent to which the construction industry was familiar with and complying with the former Construction Process Decree. The Committee would be grateful if the Government would keep the Office informed of any follow-up measures taken regarding the findings of this study in respect of the impossibility of taking into account the Decree’s "preventive principle" on safety and health at the design stage, resulting from contractors drawing up their own health and safety plans, and the non-compliance by specialized subcontractors and self-employed operators with the legislation.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its report.

It notes with interest the Government’s indication that on 28 April 2000 a draft decree on radiation protection which is expected to come into force at the end of the year 2000 was submitted to Parliament. This draft decree incorporates provisions of basic safety standards of the European Union (Euratom), such as the Basic Safety Directive 96/29/Euratom of 1996 and the Medical Radiation Treatment Directive 97/43/Euratom, into national legislation. In this regard, the Committee notes that the incorporation of the Directive 96/29/Euratom into national legislation would implement at the same time the recommendations given by the International Commission on Radiological Protection (ICRP) in 1990 (Publication No. 60). As to the content of this draft decree, the Committee notes with interest the Government’s indication that the effective dose limits for workers are fixed at a lower level than the dose limits set out in the respective Directive 96/29/Euratom and those recommended by the ICRP in its publication No. 60, 1990 (Article 3, paragraph 2, and Article 6, paragraph 2, of the Convention), and that the maximum permissible dose limits for workers who are not directly engaged in radiation work would be set at 1 mSv per year (Article 8) which constitutes the same dose limit as for members of the public. The Government further declares that the draft decree also contains provisions with respect to the medical surveillance of workers exposed to ionizing radiation (Article 12) as well as provisions concerning alternative employment for workers who have exceeded their lifetime dose limits and provisions with respect to tolerated dose limits for occupational exposure during and after an emergency. The Committee, taking due note of this information, requests the Government to forward a copy of the draft decree once it has been adopted in order to enable the Committee to determine the extent to which this decree applies the provisions of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes with interest the Government's reply to its previous comments concerning points raised by the Netherlands Trade Union Confederation, communicated by the Government in 1992. It also notes with interest the amendments and expansion of regulations on the building industry, in connection with the implementation of European Directives of 1989 and 1992. In particular, it notes the adoption of the amendment (Decree No. 440 of June 1994) to the Working Conditions Act, and the Building Process Decree No. 597 of 11 August 1994. Under the amended Act, employers are obliged to draw up a document identifying and assessing the risks associated with their company's activities, with a view to taking measures for the protection of their employees. The measures are then to be laid down in an action plan and carried out in order of priority. When carrying out the first risk identification and assessment, employees must call in a certified safety, health and welfare service. The Government indicates that since 1 January 1996 all employers in the building industry have been obliged to be in possession of a written risk identification and assessment document that has been approved by a certified safety, health and welfare service.

The Committee notes from the Government's report that the Building Process Decree aims at improving the health of employees working on temporary and mobile building sites. One of the Decree's main features is that its provisions provide for the responsibilities of all parties in the building process, notably employers, principals, designers and the self-employed, depending on their role and position in the process. The Government's report indicates that this extended division of responsibility has integrated safety, health and welfare policy into the entire building process, leading to a chain of responsibility, which links all the parties involved, without detracting from the responsibility of employers, in particular, in this area.

2. Lifting equipment. Articles 4 and 12, paragraph 1, of the Convention. Further to its previous comments, the Committee notes the information that as of 1 May 1994 various inspectorates at the Ministry of Social Affairs and Employment -- including the Labour Inspectorate -- were amalgamated to form one inspection service (I-SZW). The Government indicates that, not only is this consistent with the "one window" idea, but that it renders the supervision and enforcement of regulations more effective and efficient. The Government therefore believes that the inspection capacity of the current I-SZW is adequate for a sector like the building industry.

Article 13, paragraph 1. Further to its previous comments, the Committee notes the information that employers are obliged to observe the statutory regulations in ensuring that every crane driver or hoisting appliance operator is properly qualified. The Government indicates that employers must engage an internal or external expert to assess whether everything is in order.

3. Scaffolding. Article 7, paragraph 8. Further to its previous comments, the Committee notes the information that, with respect to the construction, use and supervision of scaffolding, the Government believes there are sufficient statutory provisions which comply with the provisions of the Convention. It considers that the legally prescribed instruments such as compulsory risk identification, use of expert safety, health and welfare services (as of 1 January 1996) and the drawing up of a health and safety plan for larger building sites, provide an adequate basis for employers to meet their obligations. It further indicates that employers and employees remain responsible for the practical implementation of the requirements to ensure that working conditions at building sites are good.

Article 3(a). Further to its previous comments, the Committee notes the information that the legal provisions concerning information and training for employees have been expanded for larger building sites with the entry into force of the Building Process Decree pursuant to the Working Conditions Act. The Government states that section 5, subsection 1(g), of the Decree requires the health and safety plan to state how cooperation and consultation at the site between employers and employees is to be put into practice and how employees will be provided with information and training

Article 4 and point V of the report form. Further to its previous comments, the Committee notes the statistics of inspection made by the I-SZW for the years 1991 to 1996. The Committee requests the Government to continue to supply information on the practical application of the Convention in its next report.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes that the Government has indicated in its report of 1995 that the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) would be incorporated in the basic safety standards of the European Union (Euratom) and implemented into national legislation. The Committee notes that Directive 96/29/Euratom, adopted in May 1996, sets the effective dose limit of ionizing radiation at 100 mSv over five consecutive years, not exceeding 50 mSv in a single year. Recalling that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge as a means to ensure effective protection of workers against ionizing radiation and recalling also its 1992 general observation under the Convention, and in particular its paragraph 35(b), the Committee hopes that the Government will soon be in the position to indicate the steps taken to review the existing dose limits, in the light of current knowledge as embodied in the ICRP Recommendations of 1990 and in the International Basic Safety Standards of 1994.

2. Article 8. The Committee requests the Government to indicate the manner in which maximum permissible dose levels are established and enforced for workers who are not directly engaged in radiation work, but who pass or remain in areas where they may be exposed to ionizing radiation or radioactive substances. Referring to paragraph 14 of its general observation of 1992, the Committee would recall that the dose limit for these non-radiation workers should be the one applied to the public, which is set at 1 mSv per year under the 1990 ICRP Recommendations.

3. Article 14. The Committee requests the Government to supply information in its next report on steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiation contrary to qualified medical advice.

4. Provision of alternative employment. With reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee asks the Government to indicate the measures taken or contemplated with regard to the provision of alternative employment to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment may occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

5. Occupational exposure during and after an emergency. The Committee notes that the information provided in the Government's report does not reply to its previous direct request. The Committee would draw again the Government's attention to paragraphs 16 to 27 and 35(c) of the general observation of 1992, which concern occupational exposure during and after an emergency, as well as to paragraphs 233 and 236 of the International Basic Safety Standards of 1994. The Government is again requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionizing radiation and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

The Committee has noted the information supplied in the Government's report for the period 1987-91 as well as the observations made by the Netherlands Trade Union Confederation (FNV) on the application of the Convention and the Government's reply to these observations, communicated by the Government in March 1992. I. Lifting equipment 1. The Committee notes that the Netherlands Trade Union Confederation (FNV) is reasonably satisfied with regard to the implementation of provisions concerning lifting equipment, but mentions, among its concerns, that lifting equipment should be tested for reliability before the start of each new building project. In its reply, referring, inter alia, to section 141(4) of the Factory and Workplace Safety Regulations 1938 (VBF), the Government indicates that a crane must be checked and tested before the commencement of a new construction project, but not by the KEBOMA foundation, which has been designated only for the periodical checks and tests on mobile and tower cranes; the employers themselves bear the responsibility for carrying out the necessary checks and tests before the commencement of a new construction project. The Committee observes that under Article 12(1) of the Convention, hoisting machines and tackle shall be examined and adequately tested after erection on the site and before use, and under Article 4, a system of inspection is to ensure the effective enforcement of laws and regulations relating to safety precautions in the building industry. Noting also the view of the FNV that in general terms, the inspection capacity of the labour inspection services is too limited, the Committee hopes that the Government will indicate the measures taken to ensure that there is maintained a system of inspection adequate to ensure the effective enforcement of laws and regulations relating to safety precautions in the building industry, including section 141(4) of the VBF. 2. In its comments, the FNV also points out that a lifting certificate is not required for operators of cranes at certain relevant work sites (for instance carpenters' yards); in its view, this shortcoming should be remedied. The Committee notes that in its reply, the Government indicates that at the moment only the operators of cranes being used on buildings, construction, earth and hydraulic engineering, underground piping and ducts which are under construction, being installed, extended, renovated or demolished or are undergoing maintenance work, have a hoist licence; the notes on section 212 of the VBF indicate that the desirability of the obligation to have a hoist licence in other branches and sectors of industry is being investigated. However, the Government notes that in practice, hoist crane operators often carry out other work in other sectors where the hoist licence does not apply; the group of operations which is carried out by the non-hoist licence holders is relatively small as a result. Referring to Article 13(1) of the Convention, the Committee hopes that the necessary measures will be taken to ensure that every crane driver or hoisting appliance operator is properly qualified, and that the Government will indicate the measures adopted to this end. II. Scaffolding 3. As regards scaffolding, the Committee notes the view expressed by the FNV that while in formal terms, the provisions of the Convention may be met, in practice, the following deficiencies are noted: no specific provisions are made regarding the skills and expertise required of workers who build scaffolds and supervise their construction; there is no periodical inspection of scaffolding equipment nor inspection of scaffolds before building activities start; there is a general obligation for employers to inform workers, but no specific provision for information about scaffolding; the inspection capacity of the Labour Inspectorate is considered insufficient. In its reply, the Government refers to the provisions of section 212ter of the VBF concerning the experience required of workers who build scaffolds, their supervision by an expert, and the regular checking of scaffolds by an expert. The Government further refers to a preliminary draft of a proposed EC directive to amend the Directive of November 1989 concerning safety and health in the use of tools at the workplace (89/655/EEC); under this draft, construction scaffolds must be approved after each assembly at a new location before the commencement of operations; implementation of this amendment directive is expected before the end of 1994. The Government indicates that the general obligation of employers to clearly inform employees on the nature of their work (section 6, Factories Act) means that scaffolders must be extensively informed about everything concerning the construction of scaffolds, and that more detailed information from government authorities are deemed unnecessary. Finally, the Government considers that the Inspectorate of Works has sufficient capacity for the tasks allocated to it, which do not, however, include checking every scaffold construction, since this is the task of an expert, as indicated in section 212ter of the VBF. The Committee takes due note of these indications. It hopes that, in conformity with Article 7(8) of the Convention, the proposed directive to ensure the inspection of scaffolds after each assembly at a new location will soon be made operative, and that the Government will indicate the measures taken to this end. Furthermore, referring to Article 3(a) of the Convention, the Committee hopes that in addition to the general obligation to clearly inform employees on the nature of their work, employers will be required to bring the laws or regulations for ensuring the application of the provisions of the Convention regarding scaffolds to the notice of all persons concerned, i.e. builders and users of scaffolds, in a manner approved by the competent authority. Finally, as regards the capacity of the Labour Inspectorate to ensure the effective enforcement of laws and regulations relating to safety precautions (Article 4 of the Convention), the Committee, noting also the statistical information supplied on the number of violations, closure orders and occupational accidents in the construction industry and building installations companies, looks forward to the Government's sending further information on the relevant activities of the Inspectorate.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee has noted the information supplied in the Government's report for the period 1987-91 as well as the observations made by the Netherlands Trade Union Confederation (FNV) on the application of the Convention and the Government's reply to these observations, communicated by the Government in March 1992.

I. Lifting equipment

1. The Committee notes that the Netherlands Trade Union Confederation (FNV) is reasonably satisfied with regard to the implementation of provisions concerning lifting equipment, but mentions, among its concerns, that lifting equipment should be tested for reliability before the start of each new building project. In its reply, referring, inter alia, to section 141(4) of the Factory and Workplace Safety Regulations 1938 (VBF), the Government indicates that a crane must be checked and tested before the commencement of a new construction project, but not by the KEBOMA foundation, which has been designated only for the periodical checks and tests on mobile and tower cranes; the employers themselves bear the responsibility for carrying out the necessary checks and tests before the commencement of a new construction project. The Committee observes that under Article 12(1) of the Convention, hoisting machines and tackle shall be examined and adequately tested after erection on the site and before use, and under Article 4, a system of inspection is to ensure the effective enforcement of laws and regulations relating to safety precautions in the building industry. Noting also the view of the FNV that in general terms, the inspection capacity of the labour inspection services is too limited, the Committee hopes that the Government will indicate the measures taken to ensure that there is maintained a system of inspection adequate to ensure the effective enforcement of laws and regulations relating to safety precautions in the building industry, including section 141(4) of the VBF.

2. In its comments, the FNV also points out that a lifting certificate is not required for operators of cranes at certain relevant work sites (for instance carpenters' yards); in its view, this shortcoming should be remedied. The Committee notes that in its reply, the Government indicates that at the moment only the operators of cranes being used on buildings, construction, earth and hydraulic engineering, underground piping and ducts which are under construction, being installed, extended, renovated or demolished or are undergoing maintenance work, have a hoist licence; the notes on section 212 of the VBF indicate that the desirability of the obligation to have a hoist licence in other branches and sectors of industry is being investigated. However, the Government notes that in practice, hoist crane operators often carry out other work in other sectors where the hoist licence does not apply; the group of operations which is carried out by the non-hoist licence holders is relatively small as a result. Referring to Article 13(1) of the Convention, the Committee hopes that the necessary measures will be taken to ensure that every crane driver or hoisting appliance operator is properly qualified, and that the Government will indicate the measures adopted to this end.

II. Scaffolding

3. As regards scaffolding, the Committee notes the view expressed by the FNV that while in formal terms, the provisions of the Convention may be met, in practice, the following deficiencies are noted: no specific provisions are made regarding the skills and expertise required of workers who build scaffolds and supervise their construction; there is no periodical inspection of scaffolding equipment nor inspection of scaffolds before building activities start; there is a general obligation for employers to inform workers, but no specific provision for information about scaffolding; the inspection capacity of the Labour Inspectorate is considered insufficient.

In its reply, the Government refers to the provisions of section 212ter of the VBF concerning the experience required of workers who build scaffolds, their supervision by an expert, and the regular checking of scaffolds by an expert. The Government further refers to a preliminary draft of a proposed EC directive to amend the Directive of November 1989 concerning safety and health in the use of tools at the workplace (89/655/EEG); under this draft, construction scaffolds must be approved after each assembly at a new location before the commencement of operations; implementation of this amendment directive is expected before the end of 1994. The Government indicates that the general obligation of employers to clearly inform employees on the nature of their work (section 6, Factories Act) means that scaffolders must be extensively informed about everything concerning the construction of scaffolds, and that more detailed information from government authorities are deemed unnecessary. Finally, the Government considers that the Inspectorate of Works has sufficient capacity for the tasks allocated to it, which do not, however, include checking every scaffold construction, since this is the task of an expert, as indicated in section 212ter of the VBF.

The Committee takes due note of these indications. It hopes that, in conformity with Article 7(8) of the Convention, the proposed directive to ensure the inspection of scaffolds after each assembly at a new location will soon be made operative, and that the Government will indicate the measures taken to this end. Furthermore, referring to Article 3(a) of the Convention, the Committee hopes that in addition to the general obligation to clearly inform employees on the nature of their work, employers will be required to bring the laws or regulations for ensuring the application of the provisions of the Convention regarding scaffolds to the notice of all persons concerned, i.e. builders and users of scaffolds, in a manner approved by the competent authority. Finally, as regards the capacity of the Labour Inspectorate to ensure the effective enforcement of laws and regulations relating to safety precautions (Article 4 of the Convention), the Committee, noting also the statistical information supplied on the number of violations, closure orders and occupational accidents in the construction industry and building installations companies, looks forward to the Government's sending further information on the relevant activities of the Inspectorate.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

I. The Committee notes the information provided in the Government's latest report concerning the adoption of the Nuclear Energy Act Radiation Protection Decree, 1986. It notes the statistics provided in the Government's report concerning the doses of radiation received by radiologists in the Netherlands. In 1989, 173 individuals received annual doses between 15mSv and 50 mSv and 9 individuals received annual doses over 50 mSv. The Committee would draw the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised dose limits for exposure to ionising radiations adopted on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

II. The Committee notes with regret that the information provided in the Government's report did not reply to its General Observation of 1987. The Committee would now call the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention which concern occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits prescribed for exposure to ionising radiations and, if so, to indicate the exceptional levels of exposure allowed in such circumstances and to specify the manner in which these circumstances are defined.