Most important employer obligations
Risk Inventory and Evaluation: The employer is obliged to draw up an RI&E (risk inventory and evaluation) in which an analysis is made of the risks that the nature of the work entails for employees. This can vary greatly from sector to sector. Based on the RI&E, a Plan of Action must then be drawn up, stating what measures will be taken to limit the risks identified and to ensure the health and safety of employees.
Sick leave policy: The sick leave policy is the way in which the employer deals with (the prevention of) incapacity for work and the reintegration obligations. The following topics are among others a mandatory part of the sick leave policy.
Prevention officer: A prevention officer must be appointed within each company. A prevention officer is an employee who – usually in addition to the performance of his / her job – is committed to reducing risks in the workplace and absenteeism. If the employer has no more than 25 employees, employer can take on the role of prevention officer himself.
Access to company doctor: All employees have free access to the company doctor. The employer does not have to give permission before an employee can make an appointment. This free access is intended to limit complaints and absenteeism. If an employee is in doubt about the advice given by the company doctor, he/she may request a second opinion. The company doctor or Health and Safety Service must then give the employee the opportunity to ask for the advice of another company doctor.
Basic contract for health and safety services: Every employer must enter into an agreement with an Occupational Health and Safety Service or company doctor. This agreement must at least include a division of tasks between the employer and the Arbodienst/company doctor. In addition, agreements must be made about access to the company doctor, a second opinion and consultation between the prevention officer and the Working Conditions Service/company doctor. Finally, a complaints procedure must be agreed.
Company emergency service: The employer must ensure that adequate company emergency service is available. Depending on the size of the workforce and the risks within the company, it must be determined how many company first aiders must be present at the workplace. This inventory can be included in the RI&E.
In the context of the Working Conditions Act, employees also have a personal responsibility for the health and safety of themselves and colleagues, insofar as they can influence it.