In the Netherlands, strict health and safety rules must be observed to ensure the safety and health of temporary workers in the workplace. Both the client company and the employment agency share responsibility in this regard. According to the Working Conditions Act, it is essential that both parties adequately prepare the temporary worker for the work and the potential risks in the workplace. This article explains the key responsibilities of the client company and the employment agency, as well as the role of the Netherlands Labour Authority.
Responsibility of the client employer
The client employer (the company where the temporary worker actually performs the work) bears the greatest responsibility for the safety and health of both its own permanent employees and the temporary workers it engages. Under the Working Conditions Act, the client employer is obliged to create a safe working environment and to properly inform the temporary worker about the risks associated with the position.
This includes the following matters:
- Information about risks: Before the temporary worker begins work, the client company must clearly inform them about the risks of the position. These may include physical risks such as heavy physical strain or working with dangerous machinery, as well as psychological strain from work pressure or other factors.
- Safety measures: The company must implement safety measures and, where necessary, provide personal protective equipment (PPE). Think of helmets, gloves, or special work clothing.
- Risk Assessment and Evaluation (RI&E): The client company is required to send the employment agency a copy of the RI&E in advance, specifically describing the risks for the temporary worker. This document helps identify and reduce the risks associated with the work.
If a temporary worker suffers a workplace accident, the client employer is in many cases liable for the consequences. It is therefore of great importance that the employer carefully manages the safety and health of temporary workers.
Responsibility of the employment agency
Although the client employer bears the greatest responsibility, the employment agency also plays an important role in safeguarding the safety and health of the temporary worker. The employment agency must inform the temporary worker about the risks of the workplace and ensure that the temporary worker receives the relevant information, such as the RI&E from the client company.
The specific responsibilities of the employment agency include:
- Provision of information: The employment agency must ensure that the temporary worker is aware of the risks and the safety regulations that apply in the workplace.
- Distribution of the RI&E: The employment agency is required to pass on the Risk Assessment and Evaluation of the client company to the temporary worker, so that they are aware of the specific hazards of the work.
Supervision by the Netherlands Labour Authority
Compliance with health and safety rules for temporary workers falls under the supervision of the Netherlands Labour Authority. This means that the Labour Authority monitors both the employment agency and the client employer to ensure that the rules of the Placement of Personnel by Intermediaries Act (Waadi) are observed. In the event of a violation of health and safety rules or other safety regulations, the Labour Authority can take enforcement action.
If a temporary worker encounters dangerous situations in the workplace or suffers an accident, a complaint can be filed with the Netherlands Labour Authority. The Labour Authority can then launch an investigation and, if necessary, impose sanctions on the company that fails to meet its obligations.
What happens in the event of a workplace accident?
If a workplace accident occurs involving a temporary worker, it is of great importance to know who is liable. In most cases, the client employer is responsible for the safety and health of the temporary worker. If it emerges that the client company has not taken sufficient safety measures, the company can be held liable for the damage suffered by the temporary worker. This can range from medical costs to compensation for loss of income or personal injury.
Conclusion
Both the client company and the employment agency have a responsibility to ensure the safety and health of temporary workers in the workplace. The client employer bears the greatest responsibility and must ensure that temporary workers are properly informed about the risks in the workplace. The employment agency, in turn, must provide the temporary worker with all necessary information and ensure that the employee is aware of the applicable safety measures. The Netherlands Labour Authority supervises compliance with these rules and can take action if they are violated.
Are you a temporary worker dealing with dangerous working conditions, or have you experienced a workplace accident? Please contact the employment law attorneys at Arslan Advocaten for legal assistance. Our team is ready to advise you on your rights and obligations.