The Dutch Labor Inspectorate, also known as the Arbo Inspectorate, is an independent government agency that monitors compliance with working conditions legislation and safety and health in the workplace. The occupational health and safety inspectorate, formerly known as the SZW Inspectorate, aims to promote a safe and healthy working environment and reduce work-related risks.
Most important features:
- Supervision of working conditions: The NLA checks whether employers and employees comply with legal regulations and obligations in the field of working conditions, such as safety, health and welfare in the workplace.
- Inspections and checks: The NLA inspectors carry out inspections and checks at various companies and organisations to assess whether they comply with working conditions legislation. This includes looking at the physical working environment, safety measures, the use of personal protective equipment and compliance with regulations.
- Advice and enforcement: In addition to supervision and inspections, the Dutch Labor Inspectorate also provides advice to employers and employees on improving working conditions and preventing occupational risks. In the event of serious violations, the inspectorate can also take enforcement measures, such as imposing fines or shutting down work.
- Collaboration: The Dutch Labor Inspectorate works together with other agencies and stakeholders, such as trade unions, trade organisations and occupational health and safety services, to improve working conditions and share knowledge.
The Dutch Labor Inspectorate plays a crucial role in guaranteeing safe and healthy working conditions. Through inspections, controls and enforcement, they ensure that employers and employees are aware of their responsibilities and take measures to manage risks and promote safety and health in the workplace.
The Dutch Labor Inspectorate and control of internal undesirable behaviour
One of the risks that the Labor Inspectorate checks for is the risk of internal undesirable behaviour. This risk includes undesirable behaviour (intimidation, bullying, aggression and discrimination) between employees, between managers and employees or even between managers. This does not concern external undesirable behaviour by third parties such as patients, customers or clients. The Labor Inspectorate inspects the risk of internal undesirable behaviour by looking at the cyclical approach of an organisation: making an inventory, drawing up and implementing measures and evaluating them, see below for this cycle.
The cyclical approach of the Dutch Labor Inspectorate
What does the Dutch Labor Inspectorate check?
In the event of internal undesirable behaviour, the Labor Inspectorate investigates and checks whether you as an employer take sufficient measures to combat the risks of undesirable behaviour. During the inspection, the presence of the following items is checked:
- A current RI&E that also includes the PSA risks with regard to internal undesirable behaviour;
- An Action Plan to limit the risks mentioned in the RI&E with regard to internal undesirable behaviour;
- Create a code of conduct with good rules of conduct that employees must adhere to and that are actively promoted;
- An informal and formal complaints procedure or structure so that employees know where they can go;
- An independently competent and authorized confidential counselor;
- Providing information and advice to employees and managers through, for example, training;
- Evaluation of the PSA policy pursued.
The Labor Inspectorate and the control of information and presence of a confidential counselor
Managers and confidential counsellors have an important function in (preventively) combating undesirable behaviour. Managers have an exemplary function and a signaling task. It is therefore important to provide managers with information and training about their role and responsibilities with regard to combating unwanted behaviour. Managers and confidential counsellors can form an important part of the informal complaints procedure. Because managers are sometimes part of the reporter's problem, it is important to include a confidential counselor in addition to a manager in the informal complaints procedure. Because the confidential counselor is biased (after all, this person assists the reporter), the confidential counselor cannot be part of the formal complaints procedure. The Labor Inspectorate checks the above matters.
The Dutch Labor Inspectorate has announced that it will increase supervision of PSA prevention by employers
The Dutch Labor Inspectorate has announced in their multi-year plan 2023-2026 that it will increase supervision of PSA prevention, including combating internal undesirable behaviour. The occupational health and safety inspectorate does this by monitoring sectors over a long period of time and evaluating measures they have taken. As an employer, it is therefore important to have an active and up-to-date PSA policy and to regularly update and evaluate it. It is also important to look carefully at the risks of internal undesirable behaviour and how this can be countered.
What does the labor inspectorate do in the event of non-compliance with the Working Conditions Act?
The Labor Inspectorate uses a number of instruments such as the RI&E and an Action Plan to check whether organisations sufficiently comply with the Working Conditions Act. As an employer, it is important to use the above seven tools and interventions to limit the occupational risks related to internal undesirable behaviour. If an organisation does not comply with this, it runs the risk of initially receiving a warning or requirement for compliance, or of being fined.
