Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes with interest the Government's reply to its previous comments concerning points raised by the Netherlands Trade Union Confederation, communicated by the Government in 1992. It also notes with interest the amendments and expansion of regulations on the building industry, in connection with the implementation of European Directives of 1989 and 1992. In particular, it notes the adoption of the amendment (Decree No. 440 of June 1994) to the Working Conditions Act, and the Building Process Decree No. 597 of 11 August 1994. Under the amended Act, employers are obliged to draw up a document identifying and assessing the risks associated with their company's activities, with a view to taking measures for the protection of their employees. The measures are then to be laid down in an action plan and carried out in order of priority. When carrying out the first risk identification and assessment, employees must call in a certified safety, health and welfare service. The Government indicates that since 1 January 1996 all employers in the building industry have been obliged to be in possession of a written risk identification and assessment document that has been approved by a certified safety, health and welfare service.

The Committee notes from the Government's report that the Building Process Decree aims at improving the health of employees working on temporary and mobile building sites. One of the Decree's main features is that its provisions provide for the responsibilities of all parties in the building process, notably employers, principals, designers and the self-employed, depending on their role and position in the process. The Government's report indicates that this extended division of responsibility has integrated safety, health and welfare policy into the entire building process, leading to a chain of responsibility, which links all the parties involved, without detracting from the responsibility of employers, in particular, in this area.

2. Lifting equipment. Articles 4 and 12, paragraph 1, of the Convention. Further to its previous comments, the Committee notes the information that as of 1 May 1994 various inspectorates at the Ministry of Social Affairs and Employment -- including the Labour Inspectorate -- were amalgamated to form one inspection service (I-SZW). The Government indicates that, not only is this consistent with the "one window" idea, but that it renders the supervision and enforcement of regulations more effective and efficient. The Government therefore believes that the inspection capacity of the current I-SZW is adequate for a sector like the building industry.

Article 13, paragraph 1. Further to its previous comments, the Committee notes the information that employers are obliged to observe the statutory regulations in ensuring that every crane driver or hoisting appliance operator is properly qualified. The Government indicates that employers must engage an internal or external expert to assess whether everything is in order.

3. Scaffolding. Article 7, paragraph 8. Further to its previous comments, the Committee notes the information that, with respect to the construction, use and supervision of scaffolding, the Government believes there are sufficient statutory provisions which comply with the provisions of the Convention. It considers that the legally prescribed instruments such as compulsory risk identification, use of expert safety, health and welfare services (as of 1 January 1996) and the drawing up of a health and safety plan for larger building sites, provide an adequate basis for employers to meet their obligations. It further indicates that employers and employees remain responsible for the practical implementation of the requirements to ensure that working conditions at building sites are good.

Article 3(a). Further to its previous comments, the Committee notes the information that the legal provisions concerning information and training for employees have been expanded for larger building sites with the entry into force of the Building Process Decree pursuant to the Working Conditions Act. The Government states that section 5, subsection 1(g), of the Decree requires the health and safety plan to state how cooperation and consultation at the site between employers and employees is to be put into practice and how employees will be provided with information and training

Article 4 and point V of the report form. Further to its previous comments, the Committee notes the statistics of inspection made by the I-SZW for the years 1991 to 1996. The Committee requests the Government to continue to supply information on the practical application of the Convention in its next report.