The draft bill Act on Introducing a Reporting and Verification Duty for Labour Providers in Case of Workplace Accidents is currently under consideration in the Parliament. The proposal follows two reports on the living and working conditions of labour migrants, which included recommendations to strengthen the structural position of this group. One of the proposed measures is the introduction of a reporting obligation for labour providers in the event of workplace accidents. The bill therefore expands the responsibility of labour providers by introducing both a reporting duty and a verification duty.
Under the current Working Conditions Act (Arbowet), employers must report serious workplace accidents to the labour Inspectorate. In cases where workers are supplied to a hirer, this obligation currently applies only to the hirer. The new bill extends the reporting duty to both the hirer and the labour provider. As a result, a serious workplace accident must be reported twice. In addition, the hirer is required to notify the labour provider of the accident. Failure to comply with these obligations may result in fines of up to €50,000.
In addition to the reporting duty, the bill introduces a verification duty for labour providers. Once a labour provider becomes aware of a workplace accident, they may only deploy workers to the same hirer again once it is clear that the work can be performed safely. This process involves two moments of communication between hirer and provider: immediately after the accident and after completion of the accident investigation. The hirer must provide information such as an improvement plan or measures resulting from the Labour Inspectorate’s investigation. Based on this information, the labour provider must assess whether the requirements of the Working Conditions Act have been met. If the Labour Inspectorate has approved the employer’s report, a simple statement indicating that no additional measures are needed may suffice.
It remains uncertain in what final form the legislation will be adopted and whether the bill will ultimately be enacted.