Since 1 July 2026, it is no longer sufficient for employers merely to inform employees about changes to occupational health and safety policy. Employers are now required to actively and timely consult employees on measures that may have a significant impact on employees\u2019 safety and health at work. This obligation applies to every employer, regardless of the nature or size of the business.<\/p>\n
From Cooperation to Consultation<\/strong><\/p>\n The change follows an amendment to Article 12 of the Dutch Working Conditions Act (Arbowet). The purpose of the amendment is to bring this provision into line with Article 11 of the European Framework Directive on Safety and Health at Work (the \u201cFramework Directive\u201d).<\/p>\n Under the former Article 12 of the Working Conditions Act, employers and employees were required to \u201ccooperate\u201d in implementing occupational health and safety policy. This wording could suggest that responsibility was shared between the employer and employees, leaving room for the employer to take a more passive approach. This does not align well with Article 11 of the Framework Directive, which places an active role on the employer.<\/p>\n For this reason, \u201ccooperate\u201d has been replaced by \u201cconsult\u201d. This means that the employer must engage in dialogue with employees or their representatives and provide an opportunity for meaningful consultation. Employees should not merely be given the opportunity to provide advice; they should also be able to put forward proposals themselves.<\/p>\n The consultation must take place sufficiently in advance of the proposed change, so that employees\u2019 input can still be genuinely taken into account.<\/p>\n Large or Small Business: The Obligation Applies to All Employers<\/strong><\/p>\n The group of employers subject to this obligation has also been broadened. Where a works council (ondernemingsraad) or employee representative body (personeelsvertegenwoordiging) is in place, it must be consulted. If there is no such body, the employees concerned must be consulted directly.<\/p>\n Which Topics Are Covered?<\/strong><\/p>\n The previous wording of the legislation did not clearly specify which topics were subject to consultation. The amended legislation provides somewhat more clarity in this respect.<\/p>\n The consultation obligation under Article 12 of the Working Conditions Act applies to \u201call measures [\u2026] that may be of significant importance to safety and health\u201d. Its scope is broader than the works council\u2019s right of consent, which applies only to the specific arrangements listed in Article 27 of the Dutch Works Councils Act (WOR).<\/p>\n At a minimum, employees must be consulted on matters such as the risk assessment and evaluation (RI&E), the appointment of first-aid and emergency response officers (bedrijfshulpverleners), the organisation of occupational health and safety expertise and occupational health services, and the way in which information and instructions concerning safety and health are provided.<\/p>\n Enforcement<\/strong><\/p>\n Another new element is that the Netherlands Labour Authority (Nederlandse Arbeidsinspectie) can actively intervene where the consultation obligation is not, or is insufficiently, complied with. The Labour Authority may require an employer to demonstrate that employees or their representatives were actually involved in relevant changes to occupational health and safety policy. If the employer cannot substantiate this, a fine may, for example, be imposed.<\/p>\n What Does This Mean for You as an Employer?<\/strong><\/p>\n The rationale behind the amendment is clear: a safe and healthy workplace cannot be shaped unilaterally by the employer. Measures aimed at reducing occupational risks are more effective when employees who deal with those risks on a daily basis are involved in the process in a timely manner and are given the opportunity to share their views.<\/p>\n The amendment does not necessarily require new or complex consultation structures. However, it is becoming increasingly important for employers to be able to demonstrate whether, when and how employees or their representatives were consulted. Employers would therefore be well advised to make occupational health and safety a structural part of existing decision-making and consultation processes.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":"