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.