Post on 21-Jan-2023
June 2015
Evaluation of the EU Occupational
Safety and Health Directives
COUNTRY SUMMARY REPORT FOR
BELGIUM
VC/2013/0049
This Report has been prepared for COWI under Service Contract VC/2013/0049. It was
completed by Sophie Vancauwenbergh, Lucie Meura and Véronique Bruggeman. Milieu was
responsible for overall editing of the report.
The views expressed herein are those of the consultants alone and do not necessarily represent
the official views of the European Commission.
Milieu Ltd. (Belgium), rue Blanche 15, B-1050 Brussels, tel: +32 2 506 1000; fax: +32 2 514
3603; web address: www.milieu.be
Evaluation of the EU Occupational Safety and Health Directives
TABLE OF CONTENTS
TABLE OF TABLES ..................................................................................................................... 4 ABBREVIATIONS USED ............................................................................................................. 6 INTRODUCTION ....................................................................................................................... 7 1 MAPPING QUESTION 1: STRUCTURAL COMPONENTS OF HEALTH AND SAFETY
DIRECTIVES .............................................................................................................................. 8 1.1 General legal framework ....................................................................................... 8 1.2 General institutional framework .......................................................................... 14
1.2.1 Key policy documents ........................................................................... 14 1.2.2 Main authorities and stakeholders ....................................................... 14 1.2.3 Coordination ............................................................................................ 15
1.3 Legal coverage, observed discrepancies and more stringent measures .. 15 1.3.1 Observed discrepancies, more stringent and more detailed
measures ................................................................................................................. 15 1.3.2 Options ................................................................................................... 104
1.4 Interactions ........................................................................................................... 105 2 MAPPING QUESTION 2: GAPS IN CONTENT OR TIME ................................................ 110
2.1 Transitional periods .............................................................................................. 110 2.2 Derogations .......................................................................................................... 110
3 MAPPING QUESTION 3: LEVEL OF COMPLIANCE BY DIFFERENT STAKEHOLDERS .... 120 3.1 Degree of compliance ....................................................................................... 120 3.2 Approaches to compliance .............................................................................. 159
4 MAPPING QUESTION 4: ACCOMPANYING ACTIONS THAT SUPPORT THE RESPECT OF
THE RULE ............................................................................................................................... 166 4.1 Existing accompanying actions ........................................................................ 166 4.2 Use of accompanying actions .......................................................................... 178 4.3 Gaps ...................................................................................................................... 178
5 MAPPING QUESTION 5: ENFORCEMENT .................................................................... 180 6 MAPPING QUESTION 6: SPECIFIC GROUPS OF WORKERS ........................................ 197 7 MAPPING QUESTION 7: SMES AND MICRO-ENTERPRISES ......................................... 202 ANNEX I – BIBLIOGRAPHY .................................................................................................. 208 ANNEX II – INTERVIEWS ....................................................................................................... 210
TABLE OF TABLES
Table 1- 1 General Legal Framework ........................................................................................ 9
Table 1- 2 Directive 89/391/EEC (Framework Directive) - Observed discrepancies, more
stringent and more detailed requirements ................................................................................ 19
Table 1- 3 Council Directive 89/654/EEC (workplace) - Observed discrepancies, more
stringent and more detailed requirements ................................................................................ 26
Table 1- 4 Directive 2009/104/EC (work equipment) - Observed discrepancies, more stringent
and more detailed requirements ............................................................................................... 29
Table 1- 5 Council Directive 89/656/EEC (PPE) - Observed discrepancies, more stringent and
more detailed requirements ...................................................................................................... 33
Table 1- 6 Council Directive 92/58/EEC (OSH signs) - Observed discrepancies, more
stringent and more detailed requirements ................................................................................ 36
Table 1- 7 Directive 1999/92/EC (ATEX) - Observed discrepancies, more stringent and more
detailed requirements ............................................................................................................... 37
Table 1- 8 Council Directive 90/269/EEC (manual handling of loads) - Observed
discrepancies, more stringent and more detailed requirements ................................................ 39
Table 1- 9 Council Directive 90/270/EEC (display screen equipment) - Observed
discrepancies, more stringent and more detailed requirements ................................................ 41
Table 1- 10 Directive 2002/44/EC (vibration) - Observed discrepancies, more stringent and
more detailed requirements ...................................................................................................... 44
Table 1- 11 Directive 2003/10/EC (noise) - Observed discrepancies, more stringent and more
detailed requirements ............................................................................................................... 49
Table 1- 12 Directive 2004/40/EC (electromagnetic fields) - Observed discrepancies, more
stringent and more detailed requirements ................................................................................ 53
Table 1- 13 Directive 2006/25/EC (artificial optical radiation) - Observed discrepancies, more
stringent and more detailed requirements ................................................................................ 56
Table 1- 14 Directive 2004/37/EC (carcinogens or mutagens) - Observed discrepancies, more
stringent and more detailed requirements ................................................................................ 61
Table 1- 15 Council Directive 98/24/EC (chemical agents at work) - Observed discrepancies,
more stringent and more detailed requirements ....................................................................... 65
Table 1- 16 Directive 2009/148/EC (asbestos) - Observed discrepancies, more stringent and
more detailed requirements ...................................................................................................... 71
Table 1- 17 Directive 2000/54/EC (biological agents) - Observed discrepancies, more
stringent and more detailed requirements ................................................................................ 75
Table 1- 18 Council Directive 92/57/EEC (temporary or mobile construction sites) - Observed
discrepancies, more stringent and more detailed requirements ................................................ 79
Table 1- 19 Council Directive 92/104/EEC (surface and underground mineral-extracting
industries) - Observed discrepancies, more stringent and more detailed requirements ........... 82
Table 1- 20 Council Directive 92/91/EEC (mineral-extracting industries through drilling) -
Observed discrepancies, more stringent and more detailed requirements ............................... 84
Table 1- 21 Council Directive 92/29/EEC (medical treatment on board vessels) - Observed
discrepancies, more stringent and more detailed requirements ................................................ 87
Table 1- 22 Council Directive 93/103/EC (work on board fishing vessels) - Observed
discrepancies, more stringent and more detailed requirements ................................................ 88
Table 1- 23 Council Directive 92/85/EEC (pregnant/breastfeeding workers) - Observed
discrepancies, more stringent and more detailed requirements ................................................ 91
Table 1- 24 Council Directive 91/383/EEC (temporary workers) - Observed discrepancies,
more stringent and more detailed requirements ....................................................................... 93
Table 1- 25 Council Directive 94/33/EC (young people at work) - Observed discrepancies,
more stringent and more detailed requirements ....................................................................... 99
Table 1- 26 Options ................................................................................................................ 104
Table 1- 27 Directive 89/391/EEC (Framework Directive) - Interactions between CPMs ... 106
Table 2- 1 Transitional Periods .............................................................................................. 110
Table 2- 2 Derogations ........................................................................................................... 112
Table 3- 1 Degree of compliance: Common processes and mechanisms .............................. 122
Table 3- 2 Degree of compliance: Common processes and mechanisms (individual Directives)
................................................................................................................................................ 129
Table 3- 3 Degree of compliance: Key requirements ............................................................ 149
Table 3- 4 Approaches to compliance .................................................................................... 159
Table 4- 1 Accompanying Actions ......................................................................................... 174
Table 5- 1 Enforcement authorities ........................................................................................ 180
Table 5- 2 Inspections statistical data .................................................................................... 184
Table 5- 3 Number of inspections per sector in Belgium ...................................................... 184
Table 5- 4 Data on enforcement strategy ............................................................................... 188
Table 5- 5 Result table – type and level of sanctions ............................................................. 188
Table 5- 6 Total number of infringements which resulted in legal action ............................. 195
Table 6- 1 Tools addressing risk factors for all vulnerable groups ........................................ 198
Table 7- 1 Overview of measures targeting SMEs and micro-enterprises ............................. 202
Table 7- 2 Description of measures targeting SMEs and micro-enterprises .......................... 203
ABBREVIATIONS USED
AD HUA Directorate General for the Humanisation of Work (Algemene Directie
Humanisering van de Arbeid)
AD TWW Directorate General for the Control of Well Being at Work (Algemeen Directie
Toezicht Welzijn op het Werk)
BESWIC Belgian Safe Work Information Centre
CPMs Common Processes and Mechanisms
CPPT Committee for Prevention and Protection at Work
ESPP External Service for Protection and Prevention
FAQ Frequently Asked Questions
FPS Federal Public Service
FPS ELS Federal Public Service for Employment, Labour and Social Dialogue
ISPP Internal Service for Protection and Prevention
MSDs Musculo-skeletal disorders
MQs Mapping questions
OSH Occupational Health and Safety
OSH Committee Committee for the Prevention and Protection of Health and Safety at Work
RD Royal Decree
RGPT General Regulation for the protection of work (Règlement Général pour la
Protection du Travail)
SME Small and medium-sized enterprise
TEU Technical exploitation unit
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Country Summary Report for Belgium / 7
INTRODUCTION
General introduction to the report
This report presents a review of the main features of the practical implementation of 24 EU
occupational safety and health (OSH) Directives in Belgium. The information in this report has been
gathered between October 2013 and June 2014. This Country Summary Report, together with the
Summary Reports prepared for each of the other Member States, aims at mapping the implementation
of the OSH Directives in the EU as a whole. It is based on a desk-study and interviews with national
stakeholders (see Annex II for details on interviews carried out) and is one of the sources of
information for the overall evaluation of the implementation. The Country Summary Reports will form
an Appendix to the Final Report, which will compile the results of the evaluation and the associated
recommendations.
This review is based on seven key mapping questions, which will inform the evaluation of the
implementation of the OSH Directives in all Member States and the EU in general. The seven general
Mapping Questions (MQs), which have been defined by the Commission and are answered in this
Country Summary Report, are the following:
Mapping question
MQ1: “Across the Member States, how are the different 'common processes' and 'mechanisms' foreseen
by the Directives put in place and how do they operate and interact with each other?”
MQ2: “What derogations and transitional periods are applied or have been used under national law
under several of the Directives concerned?”
MQ3: “What are the differences in approach to and degree of fulfilment of the requirements of the EU
OSH Directives in private undertakings and public-sector bodies, across different sectors of economic
activity and across different sizes of companies, especially for SMEs, microenterprises and self-
employed?”
MQ4: “What accompanying actions to OSH legislation have been undertaken by different actors (the
Commission, the national authorities, social partners, EU-OSHA, Eurofound, etc.) to improve the level of
protection of health and safety at work and to what extent are they actually used by companies and
establishments to pursue the objective of protecting health and safety of workers? Are there any
information needs that are not met?”
MQ5: “What are the enforcement (including sanctions) and other related activities of the competent
authorities at national level and how are the priorities set among the subjects covered by the
Directives?”
MQ6: “What are the differences of approach across Member States and across establishments with
regard to potentially vulnerable groups of workers depending on gender, age, disability, employment
status, migration status, etc., and to what extent are their specificities, resulting in particular from their
greater unfamiliarity, lack of experience, absence of awareness of existing or potential dangers or their
immaturity, addressed by the arrangements under question?”
MQ7: “What measures have been undertaken by the Member States to support SMEs and
microenterprises (e.g. lighter regimes, exemptions, incentives, guidance, etc.)?”
The template is structured according to these mapping questions.
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Country Summary Report for Belgium / 8
1 MAPPING QUESTION 1: STRUCTURAL COMPONENTS OF HEALTH AND SAFETY
DIRECTIVES
This first section focuses on how the national legal and institutional frameworks have been designed to
reflect the main common processes and mechanisms (CPMs) of each Directive. It includes:
A review of the national transposing legislation and the general structure of the legal framework;
Mechanisms of coordination amongst the different authorities responsible for the implementation
of the directives;
The identification of any delays in transposing directives, focusing on most recent ones;
Differences between the Directives’ requirements and the national ones, looking at observed
discrepancies, more stringent and more detailed provisions;
Interactions between CPMs as embedded in the legislation.
1.1 GENERAL LEGAL FRAMEWORK
A 1996 Law on health and safety at work, the so-called ‘Welfare Law’, is now the main piece of
legislation setting out the general principles and requirements, transposing the Framework Directive. It
represented a major change in Belgium OSH approach as it mainly establishes general objectives
rather than detailed and prescriptive requirements as it was the case with the previous framework
legislation – the General Regulation on Health and Safety at Work (Algemeen Reglement voor de
Arbeidsbescherming - ARAB). Additional general requirements and principles are included in the 1998
OSH Royal Decree. Moreover, institutional aspects, such as the establishment and functioning of the
internal and external protection and prevention services or of the consultation committees have been
transposed in specific Royal Decrees.
Most individual directives are transposed in one specific piece of legislation, typically a Royal Decree,
adopted under the framework of the 1996 Law. Several Royal Decrees were necessary to transpose
Directive 89/654/EEC (workplace) and Directive 2009/104/EC (work equipment). With regard to the
latter, the Work Equipment Directive’s main requirements are transposed in the Royal Decree of 12
August 1993 on the use of work equipment, while individual royal decrees regulate the use of various
specific equipment, respectively mobile work equipment, work equipment for lifting loads and work
equipment for elevated temporary work.
The Belgian legislation in the area of health and safety at work covers all types and sectors, without
distinction, including the public sector and SMEs. The enforcement body competent for occupational
health and safety issues and the procedures in case of infringement in the public sector is the same as
in the private sector.
Nevertheless, under the Law on well-being, it is possible in principle for specific measures to be laid
down by Royal Decree to take account of the particular situation of teleworkers, SMEs, the armed
forces, and police and civil protection services, in order to obtain an equivalent level of protection
(Article 4(1), third paragraph, of the Law on well-being at work), but there are not at present any
general provisions implementing this principle.1
Two infringement proceedings for non-communication were started against Belgium in relation to the
transposition of the OSH Framework Directive. Both cases (from 1995 and 1998) are closed. Another
infringement procedure for non-communication in relation to the transposition of Council Directive
1 National Implementation Report 2013, Part A, Section I, (EN) p.11.
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98/24/EC (chemical agents at work) has also been closed after national measures were adopted and
notified following reasoned opinion.
The following table provides an overview of the approach to transposition, indicating whether there is
one law covering all OSH issues (O) as opposed to transposition spread over different acts (S). It then
lists transposing national legislation per directive, specifying whether there was legislation existing
prior to transposition. Finally, it identifies any infringement proceedings, which were mentioned in an
overview table provided by the Commission.
Table 1- 1 General Legal Framework
Directive O S Transposing National Legislation
Legislation prior
to transposition
(Y/N)
Infringement
proceedings
Directive
89/391/EEC
(Framework
Directive)
S
Law of 4 August 1996 on the health and
safety of workers at work, (Wet van 4
augustus 1996 betreffende het welzijn
van de werknemers bij de uitvoering van
hun werk, B.S. 18.9.1996) (OSH Law)
Royal Decree of 27 March 1998
concerning policy on health and safety
of workers at work (Koninklijk Belsuit van
27 maart 1998 betreffende het beleid
inzake welzijn van de werknemers bij de
uitvoering van hun werk, B.S.
31.3.1998)(OSH RD)
Royal Decree of 27 March 1998 on the
Internal Service for prevention and
protection at work (Koninklijk besluit van
27 maart 1998 betreffende de Interne
Dienst voor preventie en bescherming
op het Werk, B.S. 31.3.1998)(ISPP RD)
Royal Decree of 27 March 1998 on the
External services for prevention and
protection at work (Koninklijk besluit van
27 maart 1998 betreffende de externe
diensten voor preventie en bescherming
op het werk, B.S. 31.3.1998)(ESPP RD)
Royal Decree of 29 April 1999 on the
recognition of external services for
technical controls at work (Koninklijk
besluit van 29 april 1999 betreffende de
erkenning van externe diensten voor
technische controles op de werkplaats,
B.S. 2.9.1999)(ESTC RD)
Royal Decree of 3 May 1999 on the tasks
and functioning of the Committees for
prevention and protection at work
(Koninklijk besluit van 3 mei 1999
betreffende de opdrachten en de
werking van de Comités voor preventie
en bescherming op het werk, B.S.
10.7.1999)(CPP RD)
Royal Decree of 28 May 2003 on the
Y Two
infringement
proceedings
were started
against Belgium
for non-
communication.
Cases 1995/2133
and 1998/2015
are closed.
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Country Summary Report for Belgium / 10
Directive O S Transposing National Legislation
Legislation prior
to transposition
(Y/N)
Infringement
proceedings
health surveillance of employees
(Koninklijk besluit van 28 mei 2003
betreffende het gezondheidstoezicht op
de werknemers, B.S. 16.6.2003)(Health
Surveillance RD)
Council
Directive
89/654/EEC
(workplace)
S
Royal Decree of 10 October 2012
establishing minimum requirements of
workplaces (Koninklijk besluit van 10
oktober 2012 tot vaststelling van de
algemene basiseisen waaraan
arbeidsplaatsen moeten beantwoorden
B.S. 05.11.2012) (Workplace RD)
Royal Decree of 4 December 2012
establishing minimum requirements of
electrical installations at workplaces
(Koninklijk besluit van 4 december 2012
betreffende de minimale voorschriften
inzake veiligheid van elektrische
installaties op arbeidsplaatsen B.S.
21.12.2012) (Electricity RD)
Royal Decree of 4 June 2012 on thermal
environmental factors (Koninklijk besluit
van 4 juni 2012 betreffende de
thermische omgevingsfactoren B.S.
21.06.2012) (Thermal environment RD)
Royal Decree of 15 December 2010 on
first aid provided to employees who are
victims of an accident or feel unwell
(Koninklijk besluit van 15 december 2010
betreffende de eerste hulp die verstrekt
wordt aan werknemers die slachtoffer
worden van een ongeval of die onwel
worden B.S. 28.12.2010) (First Aid RD)
Royal Decree of 28 March 2014 on fire
prevention at the workplace (Koninklijk
besluit betreffende de brandpreventie
op arbeidsplaatsen B.S. 23.04.2014) (Fire
prevention RD)
Art.52 General Rules of Procedure for
Workers’ Protection (Algemeen
Reglement voor de
Arbeidsbescherming) (ARAB)
Y
Directive
2009/104/EC
(work
equipment)
S
Royal Decree of 12 August 1993 on the
use of work equipment (Koninklijk besluit
van 12 augustus 1993 betreffende het
gebruik van arbeidsmiddelen B.S.
28.09.1993) (WE RD)
Royal decree of 4 May 1999 on the use
of mobile work equipment (Koninklijk
besluit van 4 mei 1999 betreffende het
gebruik van mobiele arbeidsmiddelen,
Y
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Directive O S Transposing National Legislation
Legislation prior
to transposition
(Y/N)
Infringement
proceedings
B.S. 04.06.1999) (MWE equipment RD)
Royal Decree of 4 May 1999 on the use
of work equipment used for lifting loads
(Koninklijk besluit van 4 mei 1999
betreffende het gebruik van
arbeidsmiddelen voor het hijsen of
heffen van lasten, B.S. 04.06.1999) (LLWE
RD)
Royal Decree of 31 August 2005 on the
use of work equipment for temporary
work at a height (Koninklijk besluit van 31
augustus 2005 betreffende het gebruik
van arbeidsmiddelen voor tijdelijke
werkzaamheden op hoogte, B.S.
15.09.2005) (THWE RD)
Council
Directive
89/656/EEC
(PPE)
O
Royal Decree of 13 June 2005 on the use
of personal protective equipment
(Koninklijk besluit van 13 juni 2005
betreffende het gebruik van persoonlijke
beschermingsmiddelen, B.S. 14.07.2005)
(PPE RD)
Y
Council
Directive
92/58/EEC
(OSH signs)
O
Royal Decree of 17 June 1997 on signs
on safety and health at work (Koninklijk
besluit van 17 juni 1997 betreffende de
veiligheids- en gezondheidssignalering
op het werk, B.S. 19.09.1997) (OSH signs
RD)
Y
Directive
1999/92/EC
(ATEX)
O
Royal Decree of 26 march 2003 related
to the health and safety of workers
potentially at risk from explosive
atmospheres (Koninklijk besluit van 26
maart 2003 betreffende het welzijn van
de werknemers die door explosieve
atmosferen gevaar kunnen lopen, B.S.
05.05.2003) (ATEX RD)
Y
Council
Directive
90/269/EEC
(manual
handling of
loads)
O
Royal Decree of 12 August 1993 on the
manual handling of loads (Koninklijk
besluit van 12 augustus 1993 betreffende
het manueel hanteren van lasten, B.S.
29.09.1993) (MHL RD)
Y
Council
Directive
90/270/EEC
(display screen
equipment)
O
Royal Decree of 27 August 1993 on work
on display screen equipment (Koninklijk
besluit van 27 augustus 1993
betreffende het werken met
beeldschermapparatuur, B.S. 07.09.1993)
(Display Screen Equipment RD)
N
Directive
2002/44/EC
(vibration)
O
Royal Decree of 7 July 2005 on
protection of health and safety of
workers against the risks from
mechanical vibrations at work (Koninklijk
besluit van 7 juli 2005 betreffende de
bescherming van de gezondheid en de
veiligheid van de werknemers tegen de
Y
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Directive O S Transposing National Legislation
Legislation prior
to transposition
(Y/N)
Infringement
proceedings
risico's van mechanische trillingen op het
werk, B.S. 14.07.2005) (Vibrations RD)
Directive
2003/10/EC
(noise)
O
Royal Decree of 16 January 2006 on
protection of health and safety of
workers against the risks from noise at
work (Koninklijk besluit van 16 januari
2006 betreffende de bescherming van
de gezondheid en de veiligheid van de
werknemers tegen de risico's van lawaai
op het werk, B.S. 15.02.2006) (Noise RD)
Y
Directive
2004/40/EC
(electromagne
tic fields)
O
Directive 2004/40/EC on
electromagnetic fields has not yet been
transposed in Belgium. As a
consequence, the general requirements
of the OSH Law and the OSH RD apply.
N
Directive
2006/25/EC
(artificial
optical
radiation)
O
Royal Decree of 22 April 2010 on
protection of health and safety of
workers against the risks related to
artificial optical radiation at work
(Koninklijk besluit van 22 april 2010
betreffende de bescherming van de
gezondheid en de veiligheid van de
werknemers tegen de risico's van
kunstmatige optische straling op het
werk, B.S. 06.05.2010) (AOR RD)
N
Directive
2004/37/EC
(carcinogens or
mutagens)
O
Royal Decree of 2 December 1993 on
the protection of workers against risks
related to carcinogens and mutagens
agents at work (Koninklijk besluit van 2
december 1993 betreffende de
bescherming van de werknemers tegen
de risico's van blootstelling aan
kankerverwekkende en mutagene
agentia op het werk, B.S. 29.12.1993)
(Carcinogens and mutagens RD)
Y
Council
Directive
98/24/EC
(chemical
agents at work)
O
Royal Decree of 11 March 2002 on
protection of health and safety of
workers against the risks related to
chemical agents at work (Koninklijk
besluit van 11 maart 2002 betreffende
de bescherming van de gezondheid en
de veiligheid van de werknemers tegen
de risico's van chemische agentia op
het werk, B.S. 14.03.2002) (Chemical
Agents RD)
Y Infringement
Case no.
01/0347/BE –
Case of non-
communication
– Closed case:
national
measures
adopted and
notified
following
reasoned
opinion
Directive
2009/148/EC
(asbestos)
O
Royal Decree of 16 March 2006 on
protection of workers against risks
related to asbestos (Koninklijk besluit van
16 maart 2006 betreffende de
bescherming van de werknemers tegen
de risico's van blootstelling aan asbest,
B.S. 23.03.2006) (Asbestos RD)
Y
Directive O Royal Decree of 4 August 1996 on the Y
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Directive O S Transposing National Legislation
Legislation prior
to transposition
(Y/N)
Infringement
proceedings
2000/54/EC
(biological
agents)
protection of workers against risks
related to the exposition at work to
biological agents (Koninklijk besluit van 4
augustus 1996 betreffende de
bescherming van de werknemers tegen
de risico's bij blootstelling aan
biologische agentia op het werk, B.S.
01.10.1996) (Biological Agents RD)
Council
Directive
92/57/EEC
(temporary or
mobile
construction
sites)
O
Royal Decree of 25 January 2001 on
temporary or mobile construction sites
(Koninklijk besluit van 25 januari 2001
betreffende de tijdelijke of mobiele
bouwplaatsen, B.S. 07.02.2001)
(Temporary construction sites RD)
Y
Council
Directive
92/104/EEC
(surface and
underground
mineral-
extracting
industries)
O
Royal Decree of 6 January 1997 on
minimal requirements for improving
safety and health of workers of surface
or underground extractive industries
(Koninklijk besluit van 6 januari 1997
betreffende de minimumvoorschriften
ter verbetering van de bescherming van
de veiligheid en de gezondheid van
werknemers in de winningsindustrieën in
dagbouw of ondergronds, B.S.
12.03.1997) (Mineral Extraction RD)
Y
Council
Directive
92/91/EEC
(mineral-
extracting
industries
through drilling)
O
Royal Decree of 6 January 1997 on
minimal requirements for improving
safety and health of workers in
extractive industries through drilling
(Koninklijk besluit van 6 januari 1997
betreffende minimumvoorschriften ter
verbetering van de bescherming van de
veiligheid en de gezondheid van
werknemers in de winningsindustrieën
die delfstoffen winnen met behulp van
boringen, B.S. 12.03.1997) (Drilling RD)
Y
Council
Directive
92/29/EEC
(medical
treatment on
board vessels)
O
Royal Decree of 7 January 1998 on
medical assistance on board vessels
(Koninklijk besluit van 7 januari 1998
betreffende de medische hulpverlening
aan boord van schepen, B.S. 18.03.1998)
(Vessels RD)
Y
Council
Directive
93/103/EC
(work on board
fishing vessels)
O
Royal Decree of 20 July 1973 on
maritime inspection (Koninklijk besluit
van 20 juli 1973 houdende
zeevaartinspectiereglement, B.S.
31.07.1998) (Fishing Vessels RD)
Y
Council
Directive
92/85/EEC
(pregnant/bre
astfeeding
workers)
O
Royal Decree of 2 May 1995 on the
protection of maternity (Koninklijk besluit
van 2 mei 1995 inzake
moederschapsbescherming, B.S.
18.05.1995) (Maternity RD)
Y
Council
Directive O
Royal decree of 15 December 2010
establishing requirements for the safety
Y
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Directive O S Transposing National Legislation
Legislation prior
to transposition
(Y/N)
Infringement
proceedings
91/383/EEC
(temporary
workers)
and health at work of temporary workers
(Koninklijk besluit van 15 december 2010
tot vaststelling van maatregelen
betreffende de veiligheid en de
gezondheid op het werk van
uitzendkrachten, B.S. 28.12.2010)
(Temporary Workers RD)
Council
Directive
94/33/EC
(young people
at work)
O
Royal Decree of 3 May 1999 on the
protection of young people at work
(Koninklijk besluit van 3 mei 1999
betreffende de bescherming van de
jongeren op het werk, B.S. 3.6.1999)
(Young Workers RD)
Y
1.2 GENERAL INSTITUTIONAL FRAMEWORK
This section presents key policy documents and describes the institutional structure together with roles
and responsibilities of the main authorities and other stakeholders. It reviews all mechanisms and
structures for coordination amongst those authorities in the framework of the transposition and
implementation of the directives. Control and enforcement authorities will be covered under Section 5
below.
Belgium has adopted a 2008-2012 National Strategy for Well-Being at Work.
The main competent authority is the Federal Ministry of Employment, Labour and Social Dialogue.
Two advisory bodies, the National Work Council, and the High Council for Prevention and Protection
at work support the government. Both councils composed of an equal number of representatives from
the employers’ and workers’. The Ministry and the High Council are both entrusted with coordination
as it is considered that because of the high degree of centralisation of the institutional framework
within the Ministry of Employment, there is no specific need for a separate coordination structure or
mechanisms.
1.2.1 Key policy documents
A National Strategy for Well-Being at Work 2008-20122 was adopted in November 2008. The 2008-
2012 strategy included five “Programmes” on ‘strengthening the effectiveness of the prevention
services and their actions’, ‘improving the treatment of occupational illnesses and the reintegration of
workers’, ‘strengthening the monitoring and the effectiveness of the application of the legislation and
regulations, in particular in the at-risk sectors’, ‘modernising and simplifying legislation and
regulation’ and ‘constant and continuous assessment’. Along the five programmes, 12 thematic
projects were proposed. For each project, objectives and actions were defined.
1.2.2 Main authorities and stakeholders
In Belgium, employment legislation and legislation on health and safety at work are a competence of
the Federal Ministry of Employment, Labour and Social Dialogue (Federale Overheidsdienst voor
Werkgelegenheid, Arbeid en Sociaal overleg) (‘FPS ELS’). Labour and employment policy is still an
exclusive competence of the federal authorities. The main OSH Law and its implementing decisions
2 http://www.beswic.be/nl/systems
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are therefore adopted by the Federal government. Moreover, the preparation of policy documents, such
as the National Strategy for Well-Being at Work, in 2008, is a responsibility of the Minister of
Employment.3
The preparation of legislative initiatives and implementing decisions takes place in close collaboration
with the National Work Council (Nationale Arbeidsraad). The National Work Council counts 26
effective members and 26 alternate members, nominated by Royal Order for four years. The members
are equally distributed between representatives of the employers and representatives of the employees.
The development of employment policy and of requirements for health and safety at work has always
taken place within a close dialogue with the social partners. The National Work Council provides
advice and prepares proposals for the Government or Parliament, in relation to social issues. In
particular on labour and social security legislation, the National Work Council has been given the
mandate to contribute to the development of new policy initiatives and legislation.
The OSH Law establishes a High Council for Prevention and Protection at work (Hoge Raad voor
Preventie en Bescherming op het werk) within the Ministry of Employment and Labour.4 The High
Council is composed of an equal number of representatives from the employers’ and workers’
organisations. It provides advice on the measures taken to implement the OSH Law, either on its own
initiative or upon request.
1.2.3 Coordination
Because of the high degree of centralisation of the institutional framework within the Ministry of
Employment, there is no specific need for a separate coordination structure or mechanisms.
Coordination is ensured within the Ministry including with the advisory High Council.
According to the interviews carried out within the project, in practice, the level of coordination is
illustrated in the drafting of a royal decree act, which is done in accordance with the following steps:
First, a working group composed of members of the SPF ELS is created. The working group is
composed of members of two divisions of the SPF ELS: on the one hand, members of the Directorate
General for the Humanisation of Work (‘AD-HUA’), on the other hand, members of the Directorate
General for the Control of Well Being at Work (‘AD-TWW’). Secondly, after a first draft of royal
decree is established by the working group and accepted by the Minister, the advisory opinion of the
High Council is requested. Thirdly, once the advisory opinion is expressed by the High Council, the
draft is considered by the Minister who will eventually amend it before adopting the Royal Decree. At
last the Council of State must provide an opinion on the draft project of the Royal Decree. With
regards to the adoption of laws, both the National Work Council and the Council of State must provide
an opinion on the draft project or draft proposal.
1.3 LEGAL COVERAGE, OBSERVED DISCREPANCIES AND MORE STRINGENT MEASURES
1.3.1 Observed discrepancies, more stringent and more detailed measures
The following tables describe observed discrepancies between the Directive’s requirements and the
transposing legislation and cases where the national legislation provides for more stringent, broader or
more detailed measures than the Directive’s ones. There is one table per directive.
Observed discrepancies between the Directive’s requirements and the transposing legislation cover
instances where the text of the national transposing legislation is different from the transposed
3 See also: http://oshwiki.eu/wiki/OSH_system_at_national_level_-_Belgium 4 Article 44 OSH Law
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Directive’s provisions. This difference could lead to the non-application or partial application of the
relevant CPM due to contradiction between the national provision and the corresponding one in the
Directive. They are considered for each CPM, scoping requirements and limit values when relevant
(tables 1-2 to 1-25).
More stringent provisions set requirements which go beyond the requirements of the Directive e.g.
more severe limit values. This review covers systematically the scope and relevant definitions as well
as provisions setting limit values.
The identification of more specific requirements is different from more stringent measures, as it relates
to the extent to which national law includes more detailed mechanisms for the implementation of the
CPMs. In such cases, the main requirements of the Directive are fully and effectively transposed and
the Member States have set up more detailed rules on e.g. procedures, responsibilities, etc.
As described below, while no observed discrepancy has been identified, the Belgian transposing
legislation often sets more detailed or additional requirements e.g. in terms of periodicity of health
surveillance, content of risk assessment, etc. In several instances, it also broadens the scope of
application.
With regard to the Framework Directive scope, the Belgian legislation limits the exemption for certain
public services activities to specific exceptions rather than setting a blanket exemption. Provisions
relating to risk assessment are more detailed. In particular, the employers, together with the prevention
adviser and with the OSH Committee, are required to prepare a global prevention plan, which is then
declined in yearly action plans. Similarly, Belgium has set more detailed requirements in relation to
preventive and protective services. In particular, every employer is required to establish an internal
service for prevention and protection at work (ISSP), consisting of at least one employee. In
undertakings of less than 20 employees, the employer can fulfill the role of prevention adviser. The
composition of the ISSP (depending of the size of the company) and competences required are
regulated, as well as the external services. The Belgian legislation also details the content of the
information to be provided to workers. Specific arrangements on health surveillance records are
specified in the OSH RD. The Belgian legislation does not detail further the obligations relating to
consultation of workers. The law requires an OSH Committee to be established in any undertaking
employing more than 50 employees as well as smaller undertakings in specific sectors. Finally,
Belgian legislation also covers psychosocial aspects, including violence and psychological and sexual
harassment, as well as work-related stress. It also regulates investigation of major accidents at work.
With regard to Directive 89/654/EC (workplace), the scope of Belgian legislation is not broader and
there are almost no additional requirements in relation to key requirements. However, the Belgian
legislation details the minimum health and safety requirements set in Annexes I and II of Directive
89/654/EC e.g. lighting, minimum height, cleaning and technical maintenance, room temperature,
canteens or provision of beverages, etc.
In relation to Directive 2009/104/EC (work equipment), the Belgian legislation sets several additional
or more detailed requirements in particular on risk assessment (content, appropriate measures),
information for workers (content and form of the information e.g. written instruction on functioning,
maintenance and safety of work equipment).
The Belgian legislation extends the scope of Directive 89/656/EEC (PPE) to emergency and rescue
services. It sets up additional requirements in relation notably to information for workers (content and
form, in written and comprehensible) , on consultation of workers (e.g. right of the OSH Committee to
require the employer to get advice from specialised services for the purchase of PPE) and provisions
on inspections of PPE against falls from a height by an independent external service.
In relation to Directive 92/58/EEC (OSH signs), Belgium has set additional requirements only in
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relation to consultation of workers where the OSH Committee gives its opinion on proposed
alternative measures with a similar level of protection in case of replacement of illuminated signs,
and/or acoustic signals.
The additional requirements set for Directive 1999/92/EC (ATEX) relate to the involvement of the
ISSP in the organisation of areas at risk.
With regard to Directive 90/269/EC (manual handling of loads), the Belgian legislation sets additional
requirements in relation to risk assessment (involvement of various OSH services and occupational
doctors) and information of workers (content).
Directive 90/270/EEC (display screen equipment) has been further detailed for health surveillance
requirements (medical check for all workers at risk, periodicity of eye and eye sight testing).
The Belgian legislation sets also additional requirements for Directive 2002/44/EC (vibration)
concerning risk assessment (strategy to be developed by the employer for carrying out the risk
assessment and involvement of the OSH Committee and external services if the necessary technical
capacity is not available), health surveillance (health surveillance text prior to exposure, post-
exposure surveillance, provisions in case a worker is found to have an identifiable disease or adverse
occupational health effect), consultation of workers (involvement of the OSH Committee). There are
no more stringent values. Additional requirements established in relation to Directive 2003/10/EC
(noise) and Directive 2006/25/EC (artificial optical radiation) are similar. Directive 2004/40/EC
(electromagnetic fields) has not been transposed and the general OSH requirements apply.
In relation to Directive 2004/37/EC (carcinogens or mutagens), the Belgian legislation sets more
specific requirements in relation to risk assessment (periodicity), information to workers (in the form
of an individual briefing document), health surveillance (post exposure surveillance, periodicity and
timing to keep records), consultation of workers (involvement of the OSH Committee). There is no
more stringent binding values or binding limit values on other carcinogens and mutagens.
With regard to Directive 98/24/EC (chemical agents at work), a formula for determining the
cumulative effect of exposure to various chemical agents is provided by the Belgian legislation.
Additional requirements are set for information to workers (information on the results of the
measurements comparing exposure to the limit values, labelling requirements), health surveillance
(arrangements for health records and periodicity of health surveillance) and consultation of workers
(involvement of the OSH Committee). The Belgian legislation sets more stringent limit values or
additional limit values – which is seen as an observed discrepancy. Other additional requirements
include rules on the measurements of chemical agents which present a risk for workers’ health.
The Belgian legislation also prescribed additional requirements as regards Directive 2009/148/EC
(asbestos), in particular, on risk assessment (duration of exposure to be assessed, methodology), health
surveillance (whenever a worker is exposed to asbestos, continued medical surveillance when
prescribed by the health advisor, time for keeping health records, periodicity) and other aspects such
as measurements and methods for the removal of asbestos-containing material. Belgium has not set
more stringent limit values.
In relation to Directive 2000/54/EC (biological agents), Belgium has set additional requirements in
particular for health surveillance (duration for keeping individual health records, conditions for health
surveillance, periodicity in specific cases; content of health examination and vaccinations) and
consultation of workers (involvement of the OSH Committee). The Belgian legislation has also added
activities to the indicative list of Annex I.
When transposing Directive 92/57/EEC (temporary or mobile construction sites), Belgium set more
detailed requirements placed on the coordinator and coordination in general on the construction site.
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There is no additional requirement in relation to Directive 92/104/EEC (surface and underground
mineral-extracting industries) and Directive 92/91/EEC (mineral-extracting industries through
drilling).
Concerning Directive 92/29/EEC (medical treatment on board vessels), the scope of the Belgian
legislation is broadened to war ships. In addition to the Directive’s, it also prescribes the doctor to be
accompanied by a nurse for a vessel with 300 or more people on board. In relation to Directive
93/103/EC (work on board fishing vessels), the Belgian legislation sets additional requirements for
information to workers (comprehensible written instructions and guidelines for new workers and
appointment of a co-worker), training of workers (for all crew members including on emergency and
equipment) and regular checks and implementation of a dynamic risk monitoring system.
With regard to Directive 92/85/EEC (pregnant/breastfeeding workers), the Belgian legislation sets a
number of protective mechanisms from the moment the pregnancy is notified.
Belgium has also established several additional requirements in relation to Directive 91/383/EEC
(temporary workers). These relates in particular to information to workers (preparation of a work
station note and information on risks), training (induction training), and the obligation for the central
prevention service for the temporary work sector to create a central database.
The scope of Belgian legislation is broader than the one of Directive 94/33/EC (young workers) as it
also covers short-term work in domestic services in a family undertaking. Additional requirements are
introduced with regards to risk assessment (up-dating once a year, preventive and protective services
(advice on measures for training), training (prior training, health surveillance (for any work for
workers less than 18 years old, prior and periodic health checks).
Results from interviews with stakeholders
Under the impetus of the Directives, the legislator gradually transferred the previous OSH obligations
laid down in the RGPT (General Regulation for the Protection of Work) into the transposing
legislation (Code on Well-being at work). This process undertaken under the supervision of the High
Council for Health and Safety at Work guaranteed the adoption of an overall coherent legislation. The
national authorities however reported the existence of some observed discrepancies between different
Directives. According to them, some notions (e.g. prevention adviser, security adviser, definition of
representative, fire exits) are not clearly defined in EU legislation and can lead to gaps and overlaps
given the uncertainty on the role, functions and content of these notions. Stakeholders moreover
repeatedly reported the more stringent character of the legislation transposing the Directive on
temporary or mobile construction sites.
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Table 1- 2 Directive 89/391/EEC (Framework Directive) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
(Art.1 and 3)
Art.1
1. All sectors of activity, both public and private
(industrial, agricultural, commercial,
administrative, service, educational, cultural,
leisure, etc.).
2. Not be applicable where characteristics
peculiar to certain specific public service
activities, such as the armed forces or the
police, or to certain specific activities in the civil
protection services inevitably conflict with it.
Art.3
Apply to any person employed by an
employer, including trainees and apprentices
but excluding domestic servants;
Employer: any natural or legal person who has
an employment relationship with the worker
and has responsibility for the undertaking and/
or establishment
No observed discrepancy
has been identified in
terms of scope and
definitions.
Are specific public service activities (such as armed forces
or police) included in the scope of the legislation which
are not in the Directive?
N. NIR 2013 specifies here the following: “The Directive does
not apply where characteristics peculiar to certain specific
public service activities, such as the armed forces or the
police, preclude its application (Article 2(2) of the Framework
Directive). While this exception has been transposed into the
Law on well-being (...), i.e. the possibility of laying down
specific measures to take account of the specific situation of
the police and armed forces, for instance (Article 4(1), third
paragraph, of the Law on well-being at work), such measures
have not (as yet) been implemented. A similar level of
protection must in practice be guaranteed and the current
position is that the armed forces and the police must also be
subject to the general principles of protection set out in Article
5 of the Law on well-being, to which certain implementing
decrees may possibly make specific exceptions (for instance
the exception to the rules on PPE for military personnel, the
police and personnel of the services of law and order set out
in Article 3(4)(b) of the Royal Decree of 13 June 2005 on the
use of personal protective equipment, specific rules
connected with the rescue of persons where rope techniques
are used and specific rules connected with diving activities).”5
Does the legislation include domestic servants in its
scope?
N. The legislation excludes domestic servants and other
domestic staff from its scope.
Is the definition of employer broader than the Directive’s?
Y. The definition of ‘employer’ is broader as it includes any
person who employs employees. The requirement of
responsibility for the undertaking is not transposed because it
5 See National Implementation Report 2013, Part A, Section II, (EN) p.11.
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CPM
Main provisions Observed discrepancies More detailed or broader requirements
is contained in the notion of “employer” (OSH Law).
Conducting a
risk
assessment
Art. 6(3),
9(1)(a)
Art.6
The employer must, taking into account the
nature of the activities of the enterprise and/
or establishment evaluate the risks to the
safety and health of workers, inter alia in the
choice of work equipment, the chemical
substances or preparations used, and the
fitting-out of work places.
Art.9
The employer shall be in possession of an
assessment of the risks to safety and health at
work, including those facing groups of workers
exposed to particular risks.
No observed discrepancy
has been identified in
relation to the risk
assessment.
Are the risks to be taken into account in the assessment
described in a more specific manner than in the
Directive?
Y. The OSH RD lists the risks to be considered in a more
detailed manner. It lists 12 major risks to be considered, as a
minimum, including psychosocial risks such as the risk of
harassment and violence. (OSH RD)
Is the content of the risk assessment more detailed than
described in the Directive?
Y. The OSH RD specifies that a risk assessment consists of three
steps: a) the identification of dangers for the health and
safety of workers at work, b) determining and further
investigating the risks for health and safety at work and c)
evaluating such risks (OSH RD)
Is a more specific methodology for risk assessment
provided in the legislation?
Y. The preventive measures have to be taken on the basis of
the risk assessment, as required by the Directive, at the various
levels of the undertaking. The employer is then required to
prepare a global prevention plan for his undertaking. The
global prevention plan shall identify the results of the risk
assessment, the preventive measures based on it, priority
objectives to be reached, actions that shall be taken to reach
these objectives, associated organisational, material and
financial requirements, the obligations for individual persons, a
mechanism of review to integrate changing circumstances as
well as criteria for the evaluation of OSH policy. Based upon
the global prevention plan, the employer prepares a yearly
action plan, in writing, establishing the priority objectives,
means, and responsibilities for the coming year. (OSH RD)
Are the sources of information and persons in charge of
the risk assessment described in the legislation in a more
specific manner than in the Directive?
Y. The employer is in charge of carrying out the risk
assessment. He works together with the prevention adviser
and with the OSH Committee. The implementing RDs contain
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CPM
Main provisions Observed discrepancies More detailed or broader requirements
more detailed information about the participation of the
prevention adviser and the OSH Committee in each
undertaking. The OSH Law does not specify which sources of
information shall be used for the risk assessment. (OSH RD)
Ensuring
preventive
and
protective
services
Art.7(1)
The employer shall designate one or more
workers to carry out activities related to the
protection and prevention of occupational
risks for the undertaking and/ or establishment.
Designated workers may not be placed at
any disadvantage because of their activities
related to the protection and prevention of
occupational risks and shall be allowed
adequate time to enable them to fulfil their
obligations.
If such protective and preventive measures
cannot be organized for lack of competent
personnel in the undertaking and/ or
establishment, the employer shall enlist
competent external services or persons.
He shall inform them of the factors known to
affect, or suspected of affecting, the safety
and health of the workers.
In all cases (internal/external services), they
must have the necessary capabilities/
aptitudes and means and must be sufficient in
number to deal with the organization of
protective and preventive measures. MS must
define the necessary capabilities and
aptitudes and determine the sufficient
number.
The protection from, and prevention of, the
health and safety risks shall be the
responsibility of one or more workers, of one
service or of separate services whether from
No observed discrepancies
have been identified in
relation to the preventive
and protective services.
Does the legislation define in more specific terms who shall
be designated?
Y. Every employer is required to establish an internal service for
prevention and protection at work (ISSP), consisting of at least
one employee.6 This ISPP is responsible for the implementation
of the health and safety measures in the undertaking on the
basis of the legal requirements contained in the OSH Law. The
ISPP, for example, takes part in the preparation of the risk
assessment required by Article 6 of the Directive. An external
service can be contracted to carry out control measures or
health surveillance.
The OSH Law and the ISPP RD specify that the ISPP shall consist
of one or more prevention advisers. That person shall be an
employee or, in small undertakings of less than 20 employees,
the employer. (OSH Law and ISPP RD)
Under the Belgian legislation on internal prevention and
protection services (ISPP RD), the composition of the internal
service depends on the category of companies to which the
company belongs (Art. 3, 9, 10, 11 and 22 ISPP RD). There are
four categories of companies established by the ISPP RD.
Categorization of a company within one of the four groups (A,
B, C or D) depends on the number of workers employed by
the company (ordinary criterion) and on the type of activity
undertaken (subsidiary criterion).
Companies falling within Group A are the ones that employ
more than 1.000 workers. Group B covers companies with
between 200 and 1.000 workers. Group C is for companies
6 In undertakings of less than 20 employees, the employer can fulfil the role of prevention adviser.
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CPM
Main provisions Observed discrepancies More detailed or broader requirements
inside or outside the undertaking and/ or
establishment. The worker(s) and/ or
agency(ies) must work together whenever
necessary.
MS may define, in the light of the nature of the
activities and size of the undertakings, the
categories of undertakings in which the
employer, provided he is competent, may
himself take responsibility.
employing between 20 and 200 workers, whereas Group D
concerns companies with less than 20 workers. These
thresholds are subjected to modifications where companies
conduct hazardous activities. As a means of illustration,
companies active in the chemical industry only need to
employ: 50 workers to be considered under Group A,
between 20 and 49 workers to fall under Group B, and
between 1 and 19 workers to be considered a Group C
company. All the modifications of the thresholds are
summarized and available here. These distinctions have an
impact on the required composition of the internal prevention
service.
Group A and B companies need to have a trained prevention
adviser in their internal prevention service. The level of training
of the prevention adviser also varies according to these
categories. In group C, the employer can have a trained
prevention adviser, in which case the company has a greater
expertise to execute the risk assessment and to support the
employer and the workers in taking appropriate prevention
measures (=C+). So group C-companies with a trained
prevention advisor have less need to call on an external
service.
Are the conditions for resorting to external services more
specifically defined in the legislation?
Y. The general conditions for resorting to external services are
not more specifically defined in the legislation. The OSH Law
requires that, when it is not possible for an ISPP to carry out all
the tasks for which it is responsible on the basis of the law or
the implementing RDs, the employer shall entrust part of the
tasks to an ESPP. However, the ESPP RD sets out more detailed
conditions for the specific tasks entrusted to an ESPP. For
health surveillance, the ESPP RD for instance makes the
participation of ESPP mandatory when the prevention advisers
in the ISPP do not have the legal minimum qualifications to
carry out the health surveillance in an undertaking. (ESPP RD)
Are the competences required from workers or external
services defined in the legislation?
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CPM
Main provisions Observed discrepancies More detailed or broader requirements
Y. The ISPP RD specifies the competences required for the
workers who wish to become prevention advisers in the
undertaking.7 They are in particular required to have sufficient
knowledge of the OSH legislation applicable to the workers in
the undertaking as well as sufficient scientific and technical
knowledge to carry out their responsibilities, listed in the ISSP
RD. Such knowledge relates, more precisely to, for example,
technical aspects of the risk assessment or of the OSH
measures to be implemented at work. A specific RD sets out
the content requirements for the training provided to
prevention advisers.8 (ISSP RD)
Are criteria to define the resources (number of persons
designated) provided in the legislation?
N. The employer decides, after prior advice from the OSH
Committee, about the composition of the internal service.
(ISSP RD)
Information for
workers
Art.10
The employer shall ensure that workers receive
all the necessary information concerning the
safety and health risks and protective and
preventive measures and activities in respect
of the establishment and each type of
workstation.
The employer shall take appropriate measures
so that employers of workers from any outside
undertakings and/ or establishments engaged
in work in his undertaking and/ or
establishment receive similar information
The employer shall take appropriate measures
so that workers with specific functions in
protecting the safety and health of workers, or
workers' representatives with specific
There are no observed
discrepancies between the
Directive and the
implementing legislation in
relation to information for
workers.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N.
Is the content or form of information to workers further
specified?
N. As in the Framework Directive, the OSH Decree just
specifies, on the one hand, that general information shall be
provided about the risks and preventive measures, tailored to
the needs of the organisation as well as specific types of
functions. Secondly, information shall be provided about
emergency procedures and, particularly, measures to be
taken in case of serious and imminent danger, relating, first
aid, fire prevention and the evacuation of workers.
Are there more detailed requirements relating specifically
to one of the individual directives?
7 Article 21 ISSP RD. 8 Royal Decree of 17 May 2007 concerning the training and life-long learning of prevention advisors of the internal and external services for prevention and protection at work, O.J. 11.7.2007
(Koninklijk Besluit van 17 mei 2007 betreffende de vorming en de bijscholing van de preventieadviseurs van de interne en externe diensten voor preventie en bescherming op het werk, B.S.
11.7.2007)
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CPM
Main provisions Observed discrepancies More detailed or broader requirements
responsibility for the safety and health of
workers shall have access to the risk
assessment and protective measures, to the
list of and reports on occupational accidents
and the information yielded by protective and
preventive measures, inspection agencies
and bodies responsible for safety and health.
N.
• Other additional or more detailed requirements
The legislation has set up information obligations for workers
and contractors relating to the health and safety at their
workplace, targeted to the work station. Moreover, specific
information and participation requirements exist for
prevention advisers, in particular relating to the types of
measures put in place and in relation to occupational
accidents.
Training of
workers
Art.12
The employer shall ensure that each worker
receives adequate safety and health training
during working hours, in particular in the form
of information and instructions specific to his
workstation or job and adapted to any
changes in technology or risks and repeated
periodically if necessary.
The employer shall ensure that workers from
outside undertakings and/ or establishments
engaged in work in his undertaking and/ or
establishment have in fact received
appropriate instructions regarding health and
safety risks.
Workers' representatives with a specific role in
protecting the safety and health of workers
shall be entitled to appropriate training during
working hours or in accordance with national
practice either within or outside the
undertaking and/ or the establishment.
There are no observed
discrepancies between the
Directive and the
implementing legislation in
relation to training of
workers and of the
employees of
subcontractors working at
the workplace.
Is more specific information on the scope of training
provided in the legislation?
N. The OSH RD requires the employer to draft a training
programme for OSH, on the basis of the information
contained in the global prevention plan. Moreover, it requires
the employer to adapt the training to the development of risks
and the occurrence of new risks. There is however no further
indication in the legislation about the scope of the training.
(OSH RD)
Are there specific requirements as to the competence of
trainers provided in the legislation?
N.
Are there more detailed requirements relating specifically
to one of the individual directives?
N.
Health
surveillance
Art.14
The employer shall ensure that workers receive
health surveillance appropriate to the health
and safety risks they incur at work.
These measures shall be such that each
worker, if he so wishes, may receive health
surveillance at regular intervals.
Health surveillance may be provided as part
of a national health system.
There are no observed
discrepancies between the
Directive and the
implementing legislation in
relation to the health
surveillance of workers.
Are the arrangements for health surveillance records
specified in the legislation?
Y. The OSH RD provides rules about medical records (art. 79 –
93).
Are the conditions in which health surveillance is required
more specifically described in the legislation?
Y. The OSH RD requires workers with a safety function in the
undertaking, a function requiring increased alertness, an
activity with a determined risk or an activity with food
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products to undergo a mandatory health check. Other
categories of workers are not subjected to a mandatory
check unless a risk assessments shows that there is a need for
the health surveillance of other categories of workers.
Moreover, any employee who wishes to undergo a health
check shall have a regular possibility to do so. (OSH RD)
Is the periodicity of health surveillance provided in national
law?
Y. The health surveillance of the categories of workers
identified above shall take place once every year, unless
specific implementing decisions establish a different
periodicity. Also the prevention adviser in charge of the health
surveillance can introduce shorter periodicity when the health
risks of the work so require. (OSH RD)
Consultation
of workers
Art.11, 6(3)(c)
Employers shall consult workers and/ or their
representatives and allow them to take part in
discussions on all questions relating to safety
and health at work.
Workers' representatives with specific
responsibility for the safety and health of
workers shall have the right to ask the
employer to take appropriate measures and
to submit proposals to him to that end to
mitigate hazards for workers and/ or to
remove sources of danger.
They shall have adequate time off work,
without loss of pay, and the necessary means
to enable them to exercise their rights and
functions.
Workers and/ or their representatives are
entitled to appeal to the authority responsible
for safety and health protection at work if they
consider that the measures taken and the
No observed discrepancies
have been identified.
However, no detailed
provisions were included in
the RDs with a view to the
direct relationship between
the Committee and the
competent authority, for
appeal because this is a
general principle of law
that needs no further
regulation. During
inspection visits, the
Committee has to
collaborate with the
competent authority (Art.9
CPP RD). A specific appeal
procedure for the labour
Is balanced9 participation reflected in the national
legislation? Are specific criteria put in place?
N.
Are there more detailed requirements relating specifically
to one of the individual directives?
N.
• Other additional or more detailed requirements
The OSH Law requires an OSH Committee to be established in
any undertaking employing more than 50 employees as well
as smaller undertakings in specific sectors. The measures
relating to health and safety at work are taken in consultation
with the Committee.10
9 This covers balanced representation of groups or workers e.g. workers exposed to particular health or safety risks. 10 Chapter VIII of the OSH Law.
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Main provisions Observed discrepancies More detailed or broader requirements
means employed by the employer are
inadequate for the purposes of ensuring
safety and health at work.
Workers' representatives must be given the
opportunity to submit their observations during
inspection visits by the competent authority.
court is regulated
Limit values N/A N/A N/A
Other issues
identified
E.g. List and reports regarding occupational
accidents, emergency measures, adequate
controls and supervision
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive, such as the
requirements relating to
emergency measures or
the list and reports on
occupational accidents.
The OSH Law contains more detailed requirements than the
Directive. Such requirements aim at a concrete
implementation in practice of the Directive´s general
principles and requirements. For example, the OSH Law
identifies that the authority in charge of ensuring adequate
controls of the implementation of the law. Also in relation to
the reporting on occupational accidents, the OSH Law sets
out detailed requirements.
In addition, “The main measures not included in the Directive
that are included in the Belgian Law on well-being
undoubtedly concern psychosocial aspects, which are
understood to include not only violence and psychological
and sexual harassment, but also work-related stress, bearing in
mind that, as the social context changes and work is more
strictly organised, psychosocial risks are increasingly making
themselves felt.
The Law on well-being also includes a number of articles on
investigations of major accidents at work designed to stop
them from happening again.”11
Table 1- 3 Council Directive 89/654/EEC (workplace) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
The Directive applies to workplaces, but
excludes from its scope of application (a)
No observed discrepancy
has been identified in
Does the transposing legislation cover any of the elements
that the Directive expressly excludes12?
11 See National Implementation Report 2013, Part A, Section II, (EN) p.13. 12 Please note that points (b), (c) and (d) are regulated by specific legislation.
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Art. 1 and Art.
2
means of transport used outside the
undertaking and/or the establishment, or
workplaces inside means of transport, (b)
temporary or mobile construction sites, (c)
extracting industries, (d) fishing boats, and (e)
fields, woods and other land forming part of
an agricultural or forestry undertaking but
situated away from the undertaking's
buildings.
‘Workplace’ means the place intended to
house workstations on the premises of the
undertaking and/or establishment and any
other place within the area of the undertaking
and/or establishment to which the worker has
access in the course of his employment.
relation to the scope and
definitions of the
workplace directive.
N. The transposing legislation literally reflects Articles 1 and 2 of
the workplace directive.
Is the definition of ‘workplace’ in national law broader than
the required by the Directive?
N.
Conducting a
risk
assessment
N/A N/A N/A
Ensuring
preventive
and
protective
services
N/A N/A N/A
Information for
workers
Art. 7
Workers and/ or their representatives shall be
informed of all measures to be taken
concerning safety and health at the
workplace
Framework Directive applies.
No observed discrepancy
has been identified
regarding the information
to be provided to workers
and their representatives.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N. The requirement to inform workers applies indistinctly of the
size of the undertaking or of any other types of conditions
(Workplace RD)
Is the content or form of information to workers further
specified?
N. The requirement contained in Directive 89/654/EEC is
reflected in an almost literal manner in the Workplaces RD.
(Workplace RD)
Training of
workers
N/A N/A N/A
Health
surveillance
N/A N/A N/A
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Consultation
of workers
Art. 8
Framework Directive applies. No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Directive?
Y. The RD on workplaces specifically states that any measures
adopted to implement the requirements in relation to the
workplace require a prior advice from the OSH Committee or,
in its absence, from the representative trade union or the
employees. (Workplace RD)
Limit values N/A N/A N/A
Other issues
identified
Minimum health and safety requirements at
the workplace (Annex I and II)
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive, namely the
minimum safety and health
requirements.
Minimum health and safety requirements at the
workplace (Annex I and II)
The Workplace RD is in various aspects more detailed than the
requirements of the Directive, implementing the Directive´s
general requirements in a more specific manner. For example,
the RD contains a specific minimum height for rooms (2,5m)
and a minimum surface per office (10m3) and for personal
space (2m2). The RD also contains specific requirements for
the cleaning and technical maintenance of workplaces.
Another example concerns the detailed requirement for an
employer to establish conditions for lighting in the workplace
with a view to avoid accidents because of obstacles or tired
eyes. Other examples include room temperature and
relaxation areas.13 The examples provided are more detailed
than the Directive´s general requirements. This does not
however automatically result in a more stringent transposition.
(Workplace RD)
In addition, while the Directive does not contain any specific
provision on canteens or the provision of beverages, the Royal
Decree on workplaces includes provisions on canteens
(Articles 60-61) and the provision of beverages depending on
the nature of the work being undertaken and the nature of
the risks involved (Articles 65-66). Also, the Directive requires
the ‘technical maintenance’ of workplaces and installations
(Article 6) and ‘cleaning’ especially of ventilation installations
(Article 6 and Annex 1, point 6). The Royal Decree on
13 For more detail, please see National Implementation Report 2013, Part A, Section II, (EN) p. 17-18.
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Main provisions Observed discrepancies More detailed or broader requirements
workplaces goes a little further here and requires employers to
decide on appropriate cleaning methods and tools and
products and to set the frequency with which maintenance
and cleaning is to be carried out (Article 11 of the Royal
Decree). Moreover, Article 44 of the Royal Decree states that
company premises and facilities are to be cleaned at least
once a day and, in the case of shift work, prior to each
change of shift. Finally, the Royal Decree on workplaces also
contains a provision on waste treatment (Article 11): waste is
to be collected and removed. The Directive, on the other
hand, mentions only the provision of showers and wash-basins.
The Royal Decree, however, also contains provisions on
fittings.14
Table 1- 4 Directive 2009/104/EC (work equipment) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 1 and Art.
2(a)
The Directive relates to the use of work
equipment by workers at work where work
equipment is defined as any machine,
apparatus, tool or installation used at work.
No observed discrepancy
has been identified in
relation to the scope and
definitions of the PPE
directive.
Any additional or more detailed requirements
N.
Conducting a
risk
assessment
Art. 3 #
The employer must take measures to ensure
that the work equipment made available to
workers is suitable for the work to be carried
out or properly adapted for that purpose and
may be used by workers without impairment
to their safety or health.
In selecting the work equipment which he
proposes to use, the employer must pay
attention to the specific working conditions
and characteristics and to the hazards which
exist in the undertaking or establishment, in
No observed discrepancy
has been identified in
relation to the adoption of
appropriate measures, the
risk assessment and risks
minimisation.
More detailed requirements:
The work station and posture of the worker when using
work equipment as well as ergonomic principles shall be
taken into consideration when applying the minimum
requirements for work equipment (Art. 4 WE RD)
Moreover, when the use of work equipment could create
a risk for the health and safety of workers, the employer
shall adopt appropriate measures to ensure that: the use
of the equipment is limited to the workers mandated with
its use and that the workers concerned, when having to
repair, convert, maintain or take care of the equipment,
14 See National Implementation Report 2013, Part A, Section II, (EN) p.17-18.
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Main provisions Observed discrepancies More detailed or broader requirements
particular at the workplace, for the safety and
health of the workers, and any additional
hazards posed by the use of the work
equipment in question.
have the necessary skills to do so. The RD specifies in this
manner what are considered ´appropriate measures to
minimise the risks´, mentioned in the Directive. (Art. 5 WE
RD)
Ensuring
preventive
and
protective
services
Art. 5+
N/A N/A The IPPS or EPPS are in charge of reviewing and completing
the instructions for use of work equipment and are involved in
the preparation of the order for purchase. (WE RD)
According to NIR 2013, “Belgium has transposed this article
verbatim. This means that inspections take place at the
initiative of employers. Employers must designate competent
persons to carry out these inspections. These persons may
come from within or outside the enterprise. Employers must be
able to justify their choices on the basis of valid criteria such as
the specific training and experience of the persons
designated and traceability.
For historic reasons, however, and as is the case in other
Member States, some equipment must be inspected
periodically by external technical inspection services. The
latter are non-profit associations accredited under standard
NBN EN ISO/IEC 17020 and approved by the Ministry of
Employment (Royal Decree of 29 April 1999). There are
specific requirements as regards the technical competence
of personnel. The equipment covered by the regulations on
the protection of workers includes lifting appliances and some
equipment under pressure (steam). Electrical installations are
also covered.
There may be practical problems when equipment from other
countries is used in Belgian territory. Inspections of such
equipment have to be carried out in accordance with
Belgian regulations by bodies approved under the Belgian
rules. For short-term stays, however, the regulations have been
amended to allow inspections by similar foreign bodies
(Article 281c of the RGPT). Equivalence at European level of
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Main provisions Observed discrepancies More detailed or broader requirements
regulatory inspections by approved bodies would be
desirable.”15
Information for
workers
Art. 8
Framework Directive applies.
Where appropriate, written instructions should
be made available to workers on the work
equipment used at work, including
information on (a) the conditions of use of
work equipment; (b) foreseeable abnormal
situations; and (c) the conclusions to be
drawn from experience, where appropriate, in
using work equipment.
No observed discrepancy
has been identified in
relation to information and
instructions to the workers.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N.
Is the content or form of information to workers further
specified?
Y. The transposing legislation includes specific requirements:
o For all installation, apparatus, machine or mechanical
tool, written instructions on their functioning, inspection
and maintenance must be available along with safety
instructions.
o These instructions must be completed if necessary by
the advisers in prevention of the internal or external
service for work prevention and protection16.
o The information provided to workers shall also include
the circumstances in which the equipment shall be
used, foreseeable extraordinary situations and the
conclusions that can be drawn from previous
experiences. The information shall be made available
in a manner understandable to workers
Workers shall moreover be made aware of specific dangers in
their immediate surroundings and of any relevant changes in
their immediate surroundings even if these concern work
equipment that the worker does not directly use. (WE RD)
Training of
workers
Art. 9
Framework Directive applies.
Workers given the task of using work
equipment receive adequate training,
including training on any risks which such use
may entail.
Workers specifically designated to carry out
No observed discrepancy
has been identified in
relation to information and
training of workers. 17
Is more specific information on the scope of training
provided in the legislation?
N.
Are there specific requirements as to the competence of
trainers provided in the legislation?
N.
15 See National Implementation Report 2013, Part A, Section II, (EN) p.19. 16 Art. 7, fifth indent, WE RD. 17 The requirements related to specific training for hazardous equipment are laid down in the legislation on work equipment whereas the general training requirements prior to the use of any
work equipment are prescribed by the general OSH RD (Art 17-21 OSH RD).
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Main provisions Observed discrepancies More detailed or broader requirements
repairs, modifications, maintenance or
servicing receive adequate specific training.
Other additional or more detailed requirements
N.
Health
surveillance
N/A N/A N/A
Consultation
of workers
Art. 10
Framework Directive applies. No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Directive?
N. All the documents relating to the purchase, functioning
and safety requirements for work equipment have to be
communicated to the OSH Committee or, in its absence to
the workers´ representatives or the workers. There is however
no consultation of the workers. (WE RD)
Limit values N/A N/A N/A
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
No more detailed requirements were identified in relation to
the other key requirements, such as the minimum
requirements for work equipment or maintenance
requirements. (WE RD and specific RDs)
According to NIR 2013, “additional measures chiefly concern
the use of work equipment manufactured prior to the
publication of the Community directives, for which it was
necessary to refer to older regulatory texts.
A particular procedure has been developed for the ordering,
delivery and commissioning of work equipment such as
mechanised tools, installations and machines in order to
ensure, when purchasing, that design criteria that are best
able to ensure users’ safety have been used.”18
*Where appropriate, the existence of the earlier version (89/655/EEC) will be taken into account.
# Employers are required to assess possible risks in selecting work equipment.
+ Inspection (and testing) by competent persons.
18 See National Implementation Report 2013, Part A, Section II, (EN) p.19.
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Table 1- 5 Council Directive 89/656/EEC (PPE) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 1 and 2
The Directive applies to personal protective
equipment (PPE) used by workers at work. PPE
as defined excludes (a) ordinary working
clothes and uniforms not specifically designed
to protect the safety and health of the worker;
(b) equipment used by emergency and rescue
services; (c) personal protective equipment
worn or used by the military, the police and
other public order agencies; (d) personal
protective equipment for means of road
transport; (e) sports equipment; (f) self-defence
or deterrent equipment; (g) portable devices
for detecting and signalling risks and nuisances.
No observed discrepancy
has been identified in
terms of scope and
definitions.
Does the transposing legislation cover PPE used by
emergency and rescue services?
Y. The transposing legislation has a broader scope than the
Directive as it covers PPE used by emergency and rescue
services.
Does the transposing legislation cover any of the other
exclusions in the Directive?
N.
Conducting a
risk
assessment
Art. 5*
Before choosing personal protective
equipment, the employer is required to assess
whether the personal protective equipment
he intends to use satisfies certain
requirements.
This assessment shall involve (a) an analysis
and assessment of risks which cannot be
avoided by other means; (b) the definition of
the characteristics which personal protective
equipment must have in order to be effective
against such risks, taking into account any risks
which this equipment itself may create; (c)
comparison of those characteristics with the
characteristics of the personal protective
equipment available.
The assessment shall be reviewed if any
changes are made to any of its elements
No observed discrepancy
has been identified in
relation to the risk
assessment.
Any additional or more detailed requirements
N.
Ensuring
preventive
and
protective
services
N/A N/A The PPE RD requires the involvement of the prevention adviser
for health and safety and of the health surveillance adviser in
the drafting of the risk assessment and for the decision
determining in which circumstances PPE shall be used. (PPE
RD)
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Main provisions Observed discrepancies More detailed or broader requirements
Art. 4(4)
Information for
workers
Art. 7
Framework Directive applies
Workers and/or their representatives shall be
informed of all measures to be taken with
regard to the health and safety of workers
when personal protective equipment is used
by workers at work.
No observed discrepancy
has been identified in
relation to information and
instructions to the workers.
Are there more detailed requirements than in the
Directive?
Y. All documents related to the purchase of PPE shall be
made available to the OSH Committee (PPE RD). Moreover,
Article 24 of the PPE RD sets out detailed requirements relating
to the information of workers. It specifies the content and form
requirements. Regarding form, the PPE RD specifies that the
information and instructions shall be provided in written form
and are understandable for the workers. The content
requirements are listed in the PPE RD and include:
o the various types of PPEs available or accepted in the
undertaking/ establishment;
o risks against which PPEs protect workers;
o user instructions;
o foreseeable abnormal situations;
o conclusions reached from acquired experience of PPE
use.19
Moreover, an instruction note shall be provided with
instructions on the functioning, use, maintenance, storage,
end date and inspections of the PPE. (PPE RD)
Training of
workers
Art. 4(8)
The employer shall arrange for training and
shall, if appropriate, organize demonstrations
in the wearing of personal protective
equipment.
There are no observed
discrepancies related to
the training of workers.
Is more specific information on the scope of training on PPE
provided in the legislation?
N.
Are there detailed requirements on demonstrations to be
organized in the wearing of PPE?
N. Though detailed instructions are provided (see above on
information for workers)
Health
surveillance
#
N/A N/A N/A
Consultation
of workers
Art. 8
Framework Directive applies No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Directive?
The OSH Committee shall be involved in the assessment of risks
19 Art. 24 (2) PPE RD.
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and choice of PPE, or, in its absence, the representative trade
union or the workers. Moreover, the members of the OSH
Committee can require the employer to obtain advice from
specialised services or institutions for the purchase of PPE (PPE
RD)
According to NIR 2013, “The regulations explicitly provide for
participation by workers in the private sector in the following
order:
- in enterprises with more than 50 workers, by an elected
Committee for Prevention and Protection at Work (CPPT);
- via the trade union delegation when appointed by the
unions in enterprises with fewer than 50 workers (in
accordance with the sectoral rules laid down in collective
labour agreements);
- by direct participation in other cases.
In accordance with the Directive, the Belgian regulations
make it mandatory for employers to inform workers about PPE
and risks and to provide them with training in the use of such
equipment.”20
Limit values N/A N/A N/A
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
Other key requirements such as the rules for use are not
transposed in more detail than provided in the Directive. (PPE
RD)
Provisions on inspections of personal protective equipment
against falls from a height by an independent external
technical inspection service have been added because of
the complex nature of the inspections which have to be
carried out.
* The Directive makes no provision for a risk assessment. The need for the use of PPE is presumably identified in addressing the findings of other risk assessments, relating to
the hazard which the PPE is intended to protect against. There is however provision for an assessment of the PPE itself (Article 5) but this is not specifically a risk assessment.
# Health surveillance is covered by the provisions of those directives covering the risks from which a specific item of PPE is intended to provide protection.
20 See National Implementation Report 2013, Part A, Section II, (EN) p.21.
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Table 1- 6 Council Directive 92/58/EEC (OSH signs) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 1 and 2
The Directive applies to safety and/or health
signs and excludes from its scope of
application signs for placing on the market of
dangerous substances and preparations,
products and/or equipment and signs used for
regulating road, rail, inland waterway, sea or
air transport.
No observed discrepancy
has been identified in
terms of scope and
definitions.
Any additional or more detailed requirements
N.
Conducting a
risk
assessment
N/A N/A N/A
Ensuring
preventive
and
protective
services
N/A N/A N/A
Information for
workers
Art. 7
Framework Directive applies.
Workers and/or their representatives shall be
informed of all the measures to be taken
concerning the safety and/or health signs
used at work.
No observed discrepancy
has been identified in
relation to information and
instructions to the workers.
Are there more detailed requirements than in the
Directive?
N. Article 4 of the OSH Signs RD transposes the Directive´s
requirement in an almost literal manner. No further detail is
provided. (OSH Signs RD)
Training of
workers
Art. 7(2)
Framework Directive applies.
Workers must be given specific directions
concerning the safety and/or health signs
used at work, in particular the meaning of the
signs, especially signs incorporating words,
and the general and specific behaviour to be
adopted.
There are no observed
discrepancies related to
the training of workers.
Are there more detailed requirements than in the
Directive?
N. Article 3 of the OSH Signs RD transposes the Directive´s
requirement in an almost literal manner. No further detail is
provided. (OSH Signs RD)
Health
surveillance
N/A N/A N/A
Consultation
of workers
Art. 8
Framework Directive applies.
No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Directive?
Y. When requesting alternative measures with a similar level of
protection (Article 6(1) of the Directive), the request shall be
accompanied by a proposal of the actual measures and the
opinion of the OSH Committee. (OSH Signs RD)
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Main provisions Observed discrepancies More detailed or broader requirements
Limit values N/A N/A N/A
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
Other key requirements such as the minimum rules for OSH
signs are not transposed in more detail than provided in the
Directive. (OSH Signs RD)
Table 1- 7 Directive 1999/92/EC (ATEX) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 1 and 2
The Directive applies to the protection of
workers potentially at risk from explosive
atmospheres as defined in Art. 2. It excludes
from its scope of application: (a) the areas
used directly for and during the medical
treatment of patients; (b) the use of
appliances burning gaseous fuels; (c) the
manufacture, handling, use, storage and
transport of explosives or chemically unstable
substances; (d) mineral extracting industries;
and (e) the use of transport subject to
international agreements as specified.
The Directive applies to the risk from explosive
atmospheres, i.e. from mixtures with air, under
atmospheric conditions, of flammable
substances in the form of gases, vapours, mists
or dusts in which, after ignition has occurred,
combustion spreads to the entire unburned
mixture.
No observed discrepancy
has been identified in
terms of scope and
definitions.
Does the transposing legislation include21 :
- areas used directly for and during the medical
treatment of patients?
- the manufacture, handling, use, storage and transport
of explosives or chemically unstable substances?
N.
Conducting a
risk
assessment
The employer shall assess the specific risks
arising from explosive atmospheres, taking
account at least of:
No observed discrepancy
has been identified in
relation to the risk
Is the risk assessment reviewed regularly and in any event
when any changes occur in the conditions of the type of
work involved?
21 Please note that points (b),(d) and (e) are regulated by specific legislation.
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Main provisions Observed discrepancies More detailed or broader requirements
Art. 4(1) — the likelihood that explosive atmospheres
will occur and their persistence,
— the likelihood that ignition sources,
including electrostatic discharges, will be
present and become active and effective,
— the installations, substances used,
processes, and their possible interactions,
— the scale of the anticipated effects.
Explosion risks shall be assessed overall.
assessment. Y. The employer has the obligation under the OSH RD to
establish a global prevention plan every five years and a
prevention action plan every year. These plans are based on,
among others, the results of risk assessments. The annual
action plan must specify necessary adaptation amendments
to the five year global plan, given changes of circumstances,
accidents, reports from the ISPP and the Committee. (OSH RD)
Are the risks to be taken into account in the assessment
described in a more specific manner than in the Directive?
N. The requirements regarding the risk assessment are
transposed in a literal manner. (ATEX RD)
Is the content of the risk assessment more detailed than
described in the Directive?
N.
Is a more specific methodology for risk assessment provided
in the legislation?
N.
Are the sources of information and persons in charge of the
risk assessment described in the legislation in a more
specific manner than in the Directive?
N.
Ensuring
preventive
and
protective
services
N/A N/A In addition to the requirements of the framework legislation,
the ATEX RD specifies that the ISSP shall be involved in the
organisation of areas where explosive atmosphere could be
present.
Information for
workers
N/A N/A N/A
Training of
workers
Annex II, 1.1
The employer must provide those working in
places where explosive atmospheres may
occur with sufficient and appropriate training
with regard to explosion protection.
There are no observed
discrepancies related to
training of workers.
Is more specific information on the scope of training
provided in the legislation?
N. There are no more specific requirements on the training of
workers. (ATEX RD)
Health
surveillance
N/A N/A N/A
Consultation
of workers
N/A N/A N/A
Limit values N/A N/A N/A
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Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
Other key requirements such as the minimum rules for
measures to protect workers from explosions or the explosion
protection document are not transposed in more detail than
provided in the Directive. (ATEX RD)
According to NIR 2013, “There were already statutory
provisions in Belgium under the RGPT and the RGIE intended to
manage the risk of gas and dust explosions started by
electrical ignition sources before the ATEX Directives 95 and
137 were published in the Union’s Official Journal.
Specific administrative memoranda have been drawn by the
DG for Humanisation of Work (AD HUA) in order to offer further
information on this matter to those interested.
An administrative memorandum from the AD HUA gives
approved inspection bodies for electrical installations
additional information on the ‘detailed report’ under Article
105.05 of the RGIE (under the new system) and the ‘explosion
protection document’ under Article 8 of the Royal Decree of
26 March 2003 on the well-being of workers potentially at risk
from explosive atmospheres who may be exposed to the risks
connected with explosive atmospheres (Belgian Official
Journal of 5 May 2003).”22
Table 1- 8 Council Directive 90/269/EEC (manual handling of loads) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 1 and 2
The Directive relates to the manual handling
of loads where there is a risk particularly of
back injury to workers where manual handling
is defined as any transporting or supporting of
a load, by one or more workers, including
lifting, putting down, pushing, pulling, carrying
or moving of a load which, by reason of its
No observed discrepancy
has been identified in
terms of scope and
definitions.
Any additional or more detailed requirements
N.
22 See National Implementation Report 2013, Part A, Section II, (EN) p.62.
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Main provisions Observed discrepancies More detailed or broader requirements
characteristics or of unfavourable ergonomic
conditions, involves a risk particularly of back
injury to workers.
Conducting a
risk
assessment
Art. 4(a)
Wherever the need for manual handling of
loads by workers cannot be avoided, the
employer shall organize workstations in such a
way as to make such handling as safe and
healthy as possible and: assess, in advance if
possible, the health and safety conditions of
the type of work involved, and in particular
examine the characteristics of loads, taking
account the reference factors provided for in
Annex I to the Directive.
No observed discrepancy
has been identified in
relation to the risk
assessment.
Is the risk assessment reviewed regularly and in any event
when any changes occur in the conditions of the type of
work involved?
N. Not on the basis of the MHL RD but on the basis of the OSH
RD.
Are the risks to be taken into account in the assessment
described in a more specific manner than in the Directive,
in particular are the reference factors provided in Annex I
of the Directive further detailed?
N.
Is the content of the risk assessment more detailed than
described in the Directive?
N.
Is a more specific methodology for risk assessment
provided in the legislation?
Y. The RD on the manual handling of loads specifies that the
result of the risk assessment and the measures can only
become final after the advice from the doctor in charge of
health surveillance or the head of the department in charge
of health and safety at work as well as from the OSH
Committee. (MHL RD)
Are the sources of information and persons in charge of
the risk assessment described in the legislation in a more
specific manner than in the Directive?
Y. The employer is in charge of carrying out the risk
assessment, with the involvement of the persons mentioned
above. (MHL RD)
Ensuring
preventive
and
protective
services
N/A N/A N/A
Information for
workers
Framework Directive applies
Workers and/or their representatives shall be
No observed discrepancy
has been identified in
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
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Art. 6 informed of all measures to be implemented,
pursuant to this Directive, with regard to the
protection of safety and of health.
Employers must ensure that workers and/or
their representatives receive general
indications and, where possible, precise
information on:
— the weight of a load,
— the centre of gravity of the heaviest side
when a package is eccentrically loaded.
relation to information for
workers.
N.
Is the content or form of information to workers further
specified?
Y. The RD mostly transposes the requirement regarding
information of workers in a literal manner. However, it includes
one additional information requirement. In its Article 9(3), the
RD also requires the employer to provide detailed information
about the risks the workers are exposed to as a consequence
of their physical condition, wearing inadequate clothing,
shoes or other personal equipment and in case of insufficient
or inappropriate knowledge or training. (MHLRD)
Training of
workers
Art. 6
Framework Directive applies
Employers must ensure that workers receive in
addition proper training and information on
how to handle loads correctly and the risks
they might be open to particularly if these
tasks are not performed correctly, having
regard to the reference factors provided for in
Annex I to the Directive and the risk factors
listed in Annex II to the Directive.
There are no observed
discrepancies related to
the training of workers.
Is more specific information on the scope of training
provided in the legislation, in particular in relation to the
reference and risk factors?
N.
Health
surveillance
N/A N/A N/A
Consultation
of workers
Art. 7
Framework Directive applies No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Directive?
N.
Limit values N/A N/A N/A
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
There are no additional requirements in the RD on the manual
handling of loads to those included in the Directive. (MHL RD)
Table 1- 9 Council Directive 90/270/EEC (display screen equipment) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and The Directive relates to work with display No discrepancy has been Does the transposing legislation cover any of the elements
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definitions
screen equipment as defined in Article 2, an
alphanumeric or graphic display screen,
regardless of the display process employed.
The Directive does not apply to:
(a) drivers’ cabs or control cabs for vehicles or
machinery;
(b) (computer systems on board a means of
transport;
(c) computer systems mainly intended for
public use;
(d) ‘portable’ systems not in prolonged use at
a workstation;
(e) calculators, cash registers and any
equipment having a small data or
measurement display required for direct use
of the equipment;
(f) typewriters of traditional design, of the type
known as ‘typewriter with window’
identified in terms of scope
and definitions.
that the Directive expressly excludes?
N. Not on the basis of the Display Screen Equipment RD but
on the basis of the OSH RD.Is the definition of ‘display
screen equipment’ in national law broader than required
by the Directive?
N.
Conducting a
risk
assessment
Art.3
Employers must perform an analysis of
workstations in order to evaluate the safety
and health conditions to which they give rise
for their workers, particularly as regards
possible risks to eyesight, physical problems
and problems of mental stress.
Employers must take appropriate measures to
remedy the risks found, on the basis of the
evaluation of the safety and health
conditions, taking account of the additional
and/or combined effects of the risks so found.
No discrepancy has been
identified related to the risk
assessment.
Is the risk assessment reviewed regularly and in any event
when any changes occur in the conditions of the type of
work involved?
N.
Are the risks to be taken into account in the assessment
described in a more specific manner than in the Directive?
N.
Is the content of the risk assessment more detailed than
described in the Directive?
N.
Is a more specific methodology for risk assessment provided
in the legislation?
Y. The Display screen equipment RD specifies that the result of
the risk assessment and the measures can only be determined
after advice from the doctor in charge of health surveillance
and of the OSH Committee. (Display screen equipment RD)
Are the sources of information and persons in charge of
the risk assessment described in the legislation in a more
specific manner than in the Directive?
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Main provisions Observed discrepancies More detailed or broader requirements
Y. The employer is in charge of carrying out the risk
assessment, with the involvement of the persons mentioned
above. (Display screen equipment RD)
Ensuring
preventive
and
protective
services
N/A N/A N/A
Information for
workers
Art. 6
Framework Directive applies.
Workers shall receive information on all
aspects of safety and health relating to their
workstation, in particular information on such
measures applicable to workstations as are
implemented under Articles 3 (analysis of
workstations), 7 (daily work routine) and 9
(protection of workers’ eyes an eyesight).
There are no observed
discrepancies regarding
the information of workers.
Is the content or form of information to workers further
specified?
N.
Training of
workers
Art. 6
Framework Directive applies.
Every worker shall receive training in use of the
workstation before commencing work with
display screen equipment and whenever the
organization of the workstation is substantially
modified.
There are no observed
discrepancies regarding
the training of workers.
Is more specific information on the scope of training
provided in the legislation?
N.
Is the notion of ‘substantially modified’ further specified?
N.
Health
surveillance
Art. 9*
Workers shall be entitled to an appropriate
eye and eyesight test carried out by a person
with the necessary capabilities:
— before commencing display screen work,
at regular intervals thereafter, and
— if they experience visual difficulties which
may be due to display screen work.
Workers shall be entitled to an
ophthalmological examination if the results
such test show that this is necessary.
If the results of the test or of the examination
show that it is necessary and if normal
corrective appliances cannot be used,
workers must be provided with special
corrective appliances appropriate for the
There are no observed
discrepancies regarding
the health surveillance of
workers.
Are the conditions in which eye and eye sight test is
required more specifically described in the legislation?
Y. The Belgian legislator requires a medical check for all
workers who usually and during a significant part of their
working time use display screen equipment. Such a medical
check consists of: a prior health assessment, appropriate tests
of eyes, eye sight, muscles and bones. (Display screen
equipment RD)
Is the periodicity of eye and eye sight test provided in
national law?
Y. The test shall be repeated every five years. For workers of
more than 50 years of age, the test shall take place every
three years. (Display screen equipment RD)
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Main provisions Observed discrepancies More detailed or broader requirements
work concerned.
In no circumstances these measure may
involve workers in additional financial cost.
Protection of workers’ eyes and eyesight may
be provided as part of a national health
system.
Consultation
of workers
Art. 8
Framework Directive applies.
No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Framework Directive?
N.
Other additional or more detailed requirements
N.
Limit values N/A N/A N/A
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
Other key requirements such as the minimum rules for work
display screen equipment are not transposed in more detail
than provided in the Directive.
* The primary purpose of this requirement is to identify users who have deficiencies in their eyesight which require correction to enable them to carry out their work with
DSE without risk to their health.
Table 1- 10 Directive 2002/44/EC (vibration) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art 1(2) and
Art 2
This Directive shall apply to activities in which
workers are or are likely to be exposed to risks
from mechanical vibration during their work.
hand-arm vibration’: the mechanical vibration
that, when transmitted to the human hand-
arm system, entails risks to the health and
safety of workers, in particular vascular, bone
or joint, neurological or muscular disorders;
‘whole-body vibration’: the mechanical
vibration that, when transmitted to the whole
body, entails risks to the health and safety of
workers, in particular lower-back morbidity
No discrepancies have
been identified in terms of
scope and definitions.
Any additional or more detailed requirements
N.
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and trauma of the spine.
Conducting a
risk
assessment
Art.4
The employer shall assess and, if necessary,
measure the levels of mechanical vibrations to
which workers are exposed.
The data obtained shall be preserved in a
suitable form to permit consultation at a later
stage.
The employer shall give particular attention to:
- the level, type and duration of exposure,
including any exposure to intermittent vibration
or repeated shocks;
- the exposure limit values and the exposure
action values
- any effects concerning the health and safety
of workers at particularly sensitive risk
- any indirect effects on worker safety resulting
from interactions between mechanical
vibration and the workplace or other work
equipment
- information provided by the manufacturers of
work equipment
- the existence of replacement equipment
designed to reduce the levels of exposure to
mechanical vibration
- the extension of exposure to whole-body
vibration beyond normal
- working hours under the employer's
responsibility
- specific working conditions such as low
temperatures
- appropriate information obtained from health
surveillance, including published information,
as far as possible
The employer must be in possession of the risk
assessment
The risk assessment shall be recorded on a
suitable medium; it may include a justification
No discrepancies have
been identified related to
the risk assessments.
Does the national legislation require employers to submit a
risk assessment to national authorities whether on request or
automatically?
N. The national legislation requires the risk assessment for
vibration to be part of the dynamic risk management system
as set out in the OSH RD. This system requires employers to
carry out a risk assessment as well as develop prevention
measures for the undertaking. This global prevention plan shall
be updated at least every five years. The OSH RD requires the
employer to keep these documents in written. There is
however no explicit requirement in the Law to submit them to
the authorities. (OSH RD and Vibrations RD) Does the national legislation require that practical
guidelines for the determination and assessment of risk must
be developed?
Y. Article 7 OSH RD requires the employer to develop a
strategy for carrying out a risk assessment as part of his
dynamic risk management system. (OSH RD)
Are the risks to be taken into account in the assessment
described in a more specific manner than in the Directive?
N.
Is the content of the risk assessment more detailed than
described in the Directive?
N.
Is a more specific methodology for risk assessment provided
in the legislation?
Y. The Vibrations RD ensures that the members of the OSH
Committee and the prevention advisers have the opportunity
to require measurements to be carried out. Moreover, the
member of the OSH Committee can contest the results of the
measurements carried out by an employer. In this case,
independent measurements shall be carried out by an
accredited laboratory. Finally, if an employer does not dispose
of the technical capacity to carry out the risk assessment and,
where appropriate, the measurements, he shall involve an
external prevention adviser with the necessary capacity in
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Main provisions Observed discrepancies More detailed or broader requirements
by the employer that the nature and extent of
the risks related to mechanical vibration make
a further detailed risk assessment unnecessary.
The risk assessment shall be kept up-to-date
on a regular basis, particularly in case of
significant changes.
relation to the measuring of vibrations. (Vibrations RD)
Are the sources of information and persons in charge of the
risk assessment described in the legislation in a more
specific manner than in the Directive?
Y. As above.
Ensuring
preventive
and
protective
services
N/A
N/A N/A
Information for
workers
Art. 6
Exposed workers and/or their representatives
must receive information and training on the
outcome of the risk assessment in particular:
- measures taken to eliminate or reduce to a
minimum the risks from mechanical vibration;
- the exposure limit values and the exposure
action values
- the results of the assessment and
measurement and the potential injury arising
from the work equipment in use;
- why and how to detect and report signs of
injury;
- circumstances in which workers are entitled to
health surveillance
- safe working practices to minimise exposure.
There are no observed
discrepancies regarding
the information of workers.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N.
Is the content or form of information to workers further
specified?
N.
Training of
workers
Art. 6
Same as above There are no observed
discrepancies regarding
the training of workers.
Is more specific information on the scope of training
provided in the legislation?
N.
Are there specific requirements as to the competence of
trainers provided in the legislation?
N.
Health
surveillance
Art. 8
Health surveillance of workers measures with
reference to the risk assessment outcome
where it indicates a risk to their health.
Health surveillance is intended to prevent and
diagnose rapidly any disorder linked with
There are no observed
discrepancies regarding
health surveillance
Does the national legislation require health surveillance
prior to exposure to vibration?
Y. In cases where specific risks related to vibrations have been
identified through risk assessments measures, the national
legislation requires the employer to conduct health
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exposure to mechanical vibration. Such
surveillance shall be appropriate where:
- workers’ exposure to vibration is such that a
link can be established with an identifiable
illness or harmful effects on health,
- it is probable that the illness or the effects
occur in a worker's particular working
conditions, and
- there are tested techniques for the detection
of the illness or the harmful effects on health.
Workers exposed to mechanical vibration in
excess of the values shall be entitled to
appropriate health surveillance.
Individual health records are required and
kept up-to-date.
Health records to contain a summary of the
results of the health surveillance and kept in a
suitable form to permit any later consultation,
taking into account any confidentiality.
Where a worker is found to have an
identifiable disease or adverse health effect,
considered by a doctor or occupational
health-care professional to be the result of
exposure to mechanical vibration at work:
- The worker shall be informed of the result
which relates to him personally and, in
particular, information and advice regarding
any health surveillance which he should
undergo following the end of exposure;
- The employer shall be informed of any
significant findings from the health surveillance,
taking into account any medical
surveillance tests prior to the exposure to vibrations23.
Does the national legislation oblige employers to set health
surveillance requirements after the end of exposure?
Y. The national legislation on health surveillance of workers
prescribes post-exposure surveillance for workers who have
been exposed to physical agents (such as vibrations). Such
surveillance is either covered by the employer or by the
Occupational Diseases Fund24.
Does the national legislation oblige employers in case
where, as a result of health surveillance, a worker is found
to have an identifiable disease or adverse health effect
which is considered to be the result of exposure to
mechanical vibration at work, to review the risk assessment
and the measure to eliminate or reduce risk?
Y. The national legislation on health surveillance obliges the
adviser on health to propose all appropriate and
proportionate measures of protection and individual
prevention in cases where, among others, a worker was found
to have an identifiable disease or adverse occupational
health effect. Such appropriate measures include reviewing
the risk assessments and conducting health surveillance
measures on workers exposed to similar circumstances25.
Are the arrangements for health surveillance records
specified in the legislation, in particular in terms of content?
Y. The general requirements for the health record set out in the
Health Surveillance RD apply.
Are the conditions in which health surveillance is required
more specifically described in the legislation?
N.
Is the periodicity of health surveillance provided in national
law?
N.
23 Art. 26 first indent (1) Health Surveillance RD. 24 Art. 38 (1) Health Surveillance RD; Art. 38 (4) Health Surveillance RD. 25 Art. 25 Vibrations RD.
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Main provisions Observed discrepancies More detailed or broader requirements
confidentiality.
- Arrange continued health surveillance and
provide for a review of the health status of any
other worker who has been similarly exposed.
The competent doctor/authority or
occupational health care professional may
propose that exposed persons undergo a
medical examination.
Consultation
of workers
Art. 7
Framework Directive applies No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Directive?
Y. The OSH Committee is involved at various stages, for
instance. For instance, it can contest the results of the
measurements carried out by the employer or ask for
measurements. (Vibrations RD)
Limit values
Art.3
The Directive provides for a set of exposure
limit values and exposure action values in
respect of the daily vibration exposure levels.
Hand-arm vibration:
- Daily exposure limit value standardised to an
eight-hour reference period: 5 m/s2;
- Daily exposure action value standardised to
an eight-hour reference period: 2,5 m/s2.
For whole-body vibration:
- Daily exposure limit value standardised to an
eight-hour reference period: 1,15 m/s2 or, at
the MS’s choice, a vibration dose value of 21
m/s1,75;
Daily exposure action value standardised to
an eight-hour reference period: 0,5 m/s2 or, at
the MS’s choice, a vibration dose value of 9,1
m/s1,75.
No observed discrepancy
has been identified related
to setting of limit values.
Does the transposing legislation set more stringent values?
N. Concerning the exposure to whole-body vibrations, the
national legislation opts for the daily exposure limit value
standardised to an eight-hour reference (rather than to the
vibration dose value)26.
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
Other key requirements such as the exposure limit values or
the measures to avoid or reduce exposure are not transposed
in more detail than provided in the Directive. (Vibrations RD)
26 Art. 5 Vibrations RD.
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requirements of the
Directive.
Table 1- 11 Directive 2003/10/EC (noise) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art 1 and Art
2
Directive shall apply to activities in which
workers are or are likely to be exposed to risks
from noise as a result of their work.
- daily noise exposure level (LEX,8h) (dB(A) re. 20
μPa): time weighted average of the noise
exposure levels for a nominal;
- weekly noise exposure level (LEX,8h ): time-
weighted average of the daily noise exposure
levels for a nominal week of five eight-hour
working days as defined by international
standard ISO 1999:1990, point 3.6 (note 2).
No observed discrepancy
has been identified in
terms of scope and
definitions.
Any additional or more detailed requirements
N.
Conducting a
risk
assessment
Art.4
The employer shall assess and, if necessary,
measure the levels of noise to which workers
are exposed, giving particular attention, to:
- the level, type and duration of exposure,
including any exposure to impulsive noise;
- the exposure limit values and the exposure
action values;
- any effects concerning the health and safety
of workers belonging to particularly sensitive
risk groups;
- as far as technically achievable, any effects
on workers' health and safety resulting from
interactions between noise and work-related
toxic substances, and between noise and
vibrations;
- any indirect effects resulting from interactions
between noise and warning signals or other
sounds that need to be observed in order to
reduce the risk of accidents;
No observed discrepancy
has been identified with
regards to the risk
assessment.
Does the national legislation require employers to submit
risk assessment to national authorities whether on request
or automatically?
N. As for vibration, the risk assessment is a mandatory part of
the dynamic risk management system to be implemented by
employers. There is not requirement in the law to submit these
documents to the authorities.
Does the national legislation require that practical
guidelines for the determination and assessment of risk
must be developed?
Y. Article 7 OSH RD requires the employer to develop a
strategy for carrying out a risk assessment as part of his
dynamic risk management system. (OSH RD)
Are the risks/factors to be taken into account in the
assessment described in a more specific manner than in
the Directive?
N. The factors to be taken into account, content and
methodology of the risk assessment are described in a literal
manner (Noise RD)
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Main provisions Observed discrepancies More detailed or broader requirements
- information on noise emission provided by
manufacturers of work equipment in
accordance with relevant EU directives;
- the existence of alternative work equipment
designed to reduce the noise emission;
- the extension of exposure to noise beyond
normal working hours under the employer's
responsibility;
- appropriate information from health
surveillance, including published information,
as far as possible;
- the availability of hearing protectors with
adequate attenuation characteristics.
The employer shall be in possession of the risk
assessment.
The risk assessment shall be recorded on a
suitable medium, according to national law
and practice.
The risk assessment shall be kept up to date on
a regular basis, particularly in case of
significant changes which could render it out
of date, or when the results of health
surveillance show it to be necessary.
Is the content of the risk assessment more detailed than
described in the Directive?
N.
Is a more specific methodology for risk assessment provided
in the legislation?
N.
Are the sources of information and persons in charge of the
risk assessment described in the legislation in a more
specific manner than in the Directive?
Y. The Noise RD specifies that the employer shall involve his
internal or an external preventive and protective service in the
risk assessment. Moreover, if the necessary technical capacity
is not available neither in the ISSP nor in the ESSP, the employer
shall involve an accredited laboratory of which the
accreditation specifically relates to the measurements of noise
exposure. (Noise RD)
Ensuring
preventive
and
protective
services
Art 4(4)
The assessment and measurement shall be
planned and carried out by competent
services at suitable intervals
There is no observed
discrepancy related to
ensuring preventive and
protective services.
The Noise RD specifies that, of the ISSP or ESSP do not dispose
of the necessary technical capacity for the risk assessment
and measurements of exposure to noise, an external
laboratory with that capacity shall be involved. (Noise RD)
Information for
workers
Art. 8
Workers exposed at work at or above the
lower exposure action values, and/or their
representatives, receive information and
training relating to risks resulting from exposure
concerning, in particular:
- the nature of such risks;
- the measures taken to implement this Directive
in order to eliminate or reduce to a minimum
There is no observed
discrepancy related to the
information that must be
provided to workers with
regards to noise related
risks.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N.
Is the content or form of information to workers further
specified?
N.
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Main provisions Observed discrepancies More detailed or broader requirements
the risks from noise,
- the exposure limit values and the exposure
action values
- the results of the assessment and
measurement together with an explanation of
their significance and potential risks
- the correct use of hearing protectors
- why and how to detect and report signs of
hearing damage
- the circumstances in which workers are
entitled to health surveillance and the purpose
of health surveillance
- safe working practices to minimise exposure to
noise
Training of
workers
Art. 8
Same as above There are no observed
discrepancies regarding
the training of workers.
Is more specific information on the scope of training
provided in the legislation?
N.
Health
surveillance
Art. 10
Health surveillance of workers where the
results of the assessment/measurement show
a risk to their health.
A worker whose exposure exceeds the upper
exposure action values shall have the right to
have his/her hearing checked by a doctor or
by another suitably qualified person under the
responsibility of a doctor,
Preventive audiometric testing shall also be
available for workers whose exposure exceeds
the lower exposure action values, where the
risk assessment indicates a risk to health.
The objectives of these checks are to provide
early diagnosis of any hearing loss and
preserve hearing function.
There are no observed
discrepancies regarding
the health surveillance of
workers.
Does the national legislation require health surveillance
prior to exposure to noise?
Y. In cases where it has been established that workers will be
exposed to noise exceeding the limits set in Art. 6 (3) of the
Noise RD (transposing Art. 3 (1) (c) of the Directive), prior
health surveillance is compulsory27. In that regard the
transposing legislation is more stringent than the Directive
which requires prior examination for workers who will exposed
to noise exceeding the limits set in Art. 3 (1) (b).
Does the national legislation oblige employers to set
health surveillance requirements after the end of
exposure?
Y. The national legislation on health surveillance of workers
prescribes post exposure surveillance for workers who have
been exposed to physical agents (such as noise)28. Such
27 Art. 26 Noise RD. 28 Art. 38 (1) Health Surveillance RD.
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Main provisions Observed discrepancies More detailed or broader requirements
Individual health records are made and kept
up to date.
Health records shall contain a summary of the
results of the health surveillance carried out.
They shall be kept in a suitable form to permit
consultation, taking into account any
confidentiality.
Copies of the appropriate records shall be
supplied to the CA on request. The individual
worker shall, at his or her request, have access
to health records relating personally to
him/her.
Where, as a result of surveillance, a worker is
found to have identifiable hearing damage, a
doctor, or a specialist if the doctor considers it
necessary, shall assess if the damage is likely
to be the result of exposure at work. If this is
the case:
- the worker shall be informed by the doctor or
other suitably qualified person of the result
which relates to him or her personally;
The employer shall:
- review the risk assessment
- review the risk mitigation measures taking into
account the advice of the occupational
healthcare professional or other suitably
qualified person or the CA in implementing
any measures required to eliminate or reduce
risk and, including the possibility of assigning
the worker to alternative work where there is
no risk of further exposure; and
- arrange systematic health surveillance and
provide for a review of the health status of any
other worker who has been similarly exposed.
surveillance is either covered by the employer or by the
Occupational Diseases Fund29.
Are the arrangements for health surveillance records
specified in the legislation, in particular in terms of content?
Y. The general requirements for the health record set out in
the Health Surveillance RD apply. (Noise RD)
Are the conditions in which health surveillance is required
more specifically described in the legislation?
Y. The Noise RD specifies that any employee who carries out
an activity with any risks of exceeding the lower action
thresholds set out in the Directive and the RD shall be subject
to a prior health check. Within 12 months following this first
check, a follow up health assessment shall take place. The
health surveillance consists of an assessment of hearing
through a preventive audiometric check carried out following
the ISO 6189 norm.
Is the periodicity of health surveillance provided in national
law?
Y. The periodicity of the health checks is established as follows:
o Yearly for workers exposed to an average daily exposure
equal to or greater than 87 dB(A) or a ppeak of 140 dB;
o Every three years for workers exposed to an average
daily exposure equal to or greater than 85 dB(A) or a
ppeak of 137 dB;
Every five years for workers exposed to an average daily
exposure equal to or greater than 80 dB(A) or a ppeak of 135
dB. (Noise RD)
29 Art. 38 (4) Health Surveillance RD.
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Consultation
of workers
Art. 9
Framework Directive applies
No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Directive?
Y. The OSH Committee is asked for advice at various stages,
for instance, during the risk assessment, the preparation of
emergency plans and the selection of individual hearing
protectors. (Noise RD)
Limit values
Art.3
For the purposes of this Directive the exposure
limit values and exposure action values in
respect of the daily noise exposure levels and
peak sound pressure are fixed at:
(a) exposure limit values: LEX,8h = 87 dB(A) and
ppeak = 200 Pa (1) respectively;
(b) upper exposure action values: LEX,8h 85
dB(A) and ppeak = 140 Pa (2) respectively;
(c) lower exposure action values: LEX,8h = 80
dB(A) and ppeak = 112 Pa (3) respectively.
When applying the exposure limit values, the
determination of the worker's effective
exposure shall take account of the
attenuation provided by the individual
hearing protectors worn by the worker.
The exposure action values shall not take
account of the effect of any such protectors.
No observed discrepancy
has been identified in
terms of limit values.
Does the transposing legislation set more stringent values?
N.
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
Other key requirements such as the exposure limit values or
the individual hearing protectors are not transposed in more
detail than provided in the Directive. (Noise RD)
Table 1- 12 Directive 2004/40/EC (electromagnetic fields) - Observed discrepancies, more stringent and more detailed requirements
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Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art 1 and Art
2
Directive lays down minimum requirements for
the protection of workers from risks from
exposure to electromagnetic fields (0 Hz to
300 GHz) during their work.
Directive 2004/40/EC has
not yet been transposed in
the Belgian legal order.
Meanwhile, the general
Does the national legislation cover suggested long-term
effects?
Does the national legislation address the risks resulting
from contact with live conductors?
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Main provisions Observed discrepancies More detailed or broader requirements
It refers to the risk to the health and safety of
workers due to known short-term adverse
effects in the human body caused by the
circulation of induced currents and by energy
absorption as well as by contact currents.
It does not address suggested long-term
effects, nor the risks resulting from contact with
live conductors.
electromagnetic fields’: static magnetic and
time-varying electric, magnetic and
electromagnetic fields with frequencies up to
300 GHz;
provisions of the OSH Law
and the OSH Order apply.
Conducting a
risk
assessment
Art.4
The employer shall assess and, if necessary,
measure and/or calculate the levels of
electromagnetic fields to which workers are
exposed.
On the basis of this assessment, if the action
values are exceeded, s/he shall assess and, if
necessary, calculate whether the exposure
limit values are exceeded.
Assessment, measurement and/or calculations
need not be carried out in workplaces open
to the public provided that an evaluation has
already been undertaken in accordance with
Council Recommendation 1999/519/EC.
The data obtained shall be preserved in a
suitable form to permit consultation at a later
stage
The employer shall give particular attention,
when carrying out the risk assessment, to:
- level, frequency spectrum, duration and type
of exposure;
- the exposure limit values and action values;
- any effects concerning workers at particular
risk;
- any indirect effects.
The employer shall be in possession of a risk
Does the national legislation require employers to submit
risk assessment to national authorities whether on request
or automatically?
Are the risks to be taken into account in the assessment
described in a more specific manner than in the Directive?
Is the content of the risk assessment more detailed than
described in the Directive?
Is a more specific methodology for risk assessment provided
in the legislation?
Are the sources of information and persons in charge of the
risk assessment described in the legislation in a more
specific manner than in the Directive?
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Main provisions Observed discrepancies More detailed or broader requirements
assessment.
The risk assessment shall be recorded on a
suitable medium. It may include a justification
by the employer that the nature and extent of
the risks related to electromagnetic fields
make a further detailed risk assessment
unnecessary.
The risk assessment shall be updated on a
regular basis, particularly if there have been
significant changes which could render it out
of date, or when the results of health
surveillance show it to be necessary.
Ensuring
preventive
and
protective
services
Art 4(4)
Assessment, measurement and/or calculations
shall be planned and carried out by competent
services or persons at suitable intervals,
Information for
workers
Art. 6
The employer shall ensure that exposed workers
and/or their representatives receive any
necessary information/training relating to the
outcome of the risk assessment, in particular on:
- measures taken to implement this Directive;
- values and concepts of the exposure limit
values and action values and the associated
potential risks
- the results of the assessment, measurement
/calculations of the levels of exposure to
electromagnetic fields
- how to detect adverse health effects and to
report them;
- circumstances in which workers are entitled to
health surveillance;
- safe working practices to minimise risks from
exposure
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
Is the content or form of information to workers further
specified?
Training of
workers
Same as above Is more specific information on the scope of training
provided in the legislation?
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Main provisions Observed discrepancies More detailed or broader requirements
Art. 6
Health
surveillance
Art. 8
Framework Directive applies
In any event, where exposure above the limit
values is detected, a medical examination
shall be made available to the worker(s)
concerned.
If health damage resulting from exposure is
detected, the employer must carry out a
reassessment of the risks
The employer shall take appropriate measures
to ensure that the doctor and/or the medical
authority responsible for the health
surveillance has access to the results of the risk
assessment
The results of health surveillance shall be
preserved in a suitable form to permit
consultation at later date, taking account of
confidentiality requirements. Individual workers
shall, at their request, have access to their
own personal health records
Does the national legislation require health surveillance
prior to exposure to electromagnetic fields?
Does the national legislation oblige employers to set health
surveillance requirements after the end of exposure to
electromagnetic fields?
Are the arrangements for health surveillance records
specified in the legislation?
Are the conditions in which health surveillance is required
more specifically described in the legislation?
Is the periodicity of health surveillance provided in national
law?
Consultation
of workers
Art. 7
Framework Directive applies Are there more detailed requirements than in the
Directive?
Limit values
Art.3
Exposure limit values are as set out in the Annex,
Table 1.
Action values are as set out in the Annex, Table
2.
Does the transposing legislation set more stringent values?
Other issues
identified
Table 1- 13 Directive 2006/25/EC (artificial optical radiation) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art 1 and Art
It lays down minimum requirements for the
protection of workers from risks to their health
and safety arising or likely to arise from
No observed discrepancy
has been identified in
terms of scope and
Any additional or more detailed requirements
N.
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2 exposure to artificial optical radiation during
their work.
It refers to the risk to the health and safety of
workers due to adverse effects caused by
exposure to artificial optical radiation to the
eyes and to the skin.
optical radiation: any electromagnetic
radiation in the wavelength range between
100 nm and 1 mm. The spectrum of optical
radiation is divided into ultraviolet radiation,
visible radiation and infrared radiation:
(i) ultraviolet radiation: optical radiation of
wavelength range between 100 nm and 400
nm. The ultraviolet region is divided into UVA
(315-400 nm), UVB (280-315 nm) and UVC (100-
280 nm);
(ii) visible radiation: optical radiation of
wavelength range between 380 nm and 780
nm;
(iii) infrared radiation: optical radiation of
wavelength range between 780 nm and 1 mm.
The infrared region is divided into IRA (780-1 400
nm), IRB (1 400-3 000 nm) and IRC (3 000 nm-1
mm);
definitions.
Conducting a
risk
assessment
Art.4
The employer shall assess and, if necessary,
measure and/or calculate the levels of
exposure to optical radiation to which workers
are likely to be exposed
The data obtained shall be preserved in a
suitable form to permit their consultation at a
later stage.
The employer shall give particular attention,
when carrying out the risk assessment, to the
following:
- the level, wavelength range and duration of
exposure;
- the exposure limit values
No observed discrepancy
has been identified related
to the risk assessment.
Does the national legislation require employers to submit
risk assessment to national authorities whether on request or
automatically?
N. As for exposure to vibration and noise, the risk assessment
shall be carried out in line with the requirements of the OSH
RD. There is no requirement in the OSH RD to submit the results
to the competent authorities. Article 9 of the AOR RD
nevertheless requires the employer to keep the documents in
an appropriate format to enable later consultation. (OSH RD
and AOR RD)
Are the risks to be taken into account in the assessment
described in a more specific manner than in the Directive?
N. The factors to be taken into account, content and
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Main provisions Observed discrepancies More detailed or broader requirements
- any effects concerning the health and safety
of workers belonging to particularly sensitive
risk groups;
- any possible effects resulting from workplace
interactions between optical radiation and
photosensitising chemical substances;
- any indirect effects e.g. temporary blinding,
explosion or fire;
- the existence of replacement equipment
designed to reduce the levels of exposure to
artificial optical radiation;
- appropriate information obtained from health
surveillance, including published information,
as far as possible;
- multiple sources of exposure;
- a classification applied to a laser as defined in
accordance with the relevant IEC standard
and, in relation to any artificial source likely to
cause damage similar to that of a laser of class
3B or 4, any similar classification;
methodology of the risk assessment are described in a literal
manner (AOR RD)
Is the content of the risk assessment more detailed than
described in the Directive?
N.
Is a more specific methodology for risk assessment provided
in the legislation?
N.
Are the sources of information and persons in charge of the
risk assessment described in the legislation in a more
specific manner than in the Directive?
Y. The AOR RD specifies that the employer shall involve his
internal or an external preventive and protective service in the
risk assessment. Moreover, if the necessary technical capacity
is not available neither in the ISSP nor in the ESSP, the employer
shall involve an accredited laboratory of which the
accreditation specifically relates to the measurements of
artificial optical radiation. (AOR RD)
Ensuring
preventive
and
protective
services
Art 4(2)
The assessment, measurement and/or
calculations referred to in paragraph 1 shall
be planned and carried out by competent
services or persons at suitable intervals
There are no observed
discrepancies regarding
the involvement of
preventive and protective
services.
Any additional or more detailed requirements
N.
Information for
workers
Art. 6
The employer shall ensure that workers
exposed to risks from artificial optical radiation
at work and/or their representatives receive
necessary information and training relating to
the outcome of the risk assessment in
particular:
- measures taken to implement this Directive;
- the exposure limit values and the associated
potential risks;
- the results of the assessment, measurement
and/or calculations with an explanation of
There are no observed
discrepancies regarding
the information of workers.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N. The information requirements are transposed in a literal
manner (AOR RD)
Is the content or form of information to workers further
specified?
N.
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their significance and potential risks;
- how to detect adverse health effects of
exposure and how to report them
- circumstances in which workers are entitled to
health surveillance;
- safe working practices to minimise risks from
exposure;
- proper use of appropriate personal protective
equipment
Training of
workers
Art. 6
Same as above There are no observed
discrepancies regarding
the training of workers.
Is more specific information on the scope of training
provided in the legislation?
N. The training requirements are transposed in a literal manner
(AOR RD)
Are there specific requirements as to the competence of
trainers provided in the legislation?
N.
Health
surveillance
Art. 8
Health surveillance is carried out by a doctor,
an occupational health professional or a
medical authority responsible for health
surveillance
Individual health records are made and kept
up to date.
Health records shall contain a summary of the
results of the health surveillance and be kept
in a suitable form to permit later consultation,
taking into account any confidentiality.
Copies of the appropriate records shall be
supplied to the competent authority on
request, taking into account any
confidentiality.
Doctor, the occupational health professional
or the medical authority responsible for the
health surveillance, has access to the results of
There are no observed
discrepancies regarding
the health surveillance of
workers.
Does the national legislation require health surveillance
prior to exposure to artificial optical radiation?
Y. The health check prior to exposure consists of a check of
hearing through a preventive audiometric check carried out
according to the prescriptions of ISO 6189.
Does the national legislation oblige employers to set health
surveillance requirements after the end of exposure to
artificial optical radiation?
Y. The national legislation on health surveillance of workers
prescribes post exposure surveillance for workers who have
been exposed to physical agents (such as artificial optical
radiation)30. Such surveillance is either covered by the
employer or by the Occupational Diseases Fund31.
Are the arrangements for health surveillance records
specified in the legislation?
N. The AOR RD requires the health records to be kept in the
same manner as the general health records (AOR RD)
30 Art. 38 (1) Health Surveillance RD. 31 Art. 38 (4) Health Surveillance RD.
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Main provisions Observed discrepancies More detailed or broader requirements
the risk assessment where such results may be
relevant to the health surveillance.
Individual workers shall, at their request, have
access to their own personal health records
When exposure above limit values is
detected, a medical examination shall be
made available to the worker(s) concerned.
In both cases, when limit values are exceeded
or adverse health effects (incl. diseases) are
identified:
- the worker shall be informed of the result which
relates to him personally and receive
information and advice regarding any health
surveillance which he should undergo
following the end of exposure;
- the employer shall be informed of any
significant findings of the health surveillance,
taking into account any medical
confidentiality;
- the employer shall:
o review the risk assessment
o review the measures taken to eliminate or
reduce risks
o take into account the health professional
advice in implementing such measures
o arrange continued health surveillance and
provide for a review of the health status of
any other worker who has been similarly
exposed. In such cases, the competent
health professional may propose that the
exposed persons undergo a medical
examination.
Are the conditions in which health surveillance is required
more specifically described in the legislation?
N.
Is the periodicity of health surveillance provided in national
law?
N.
Consultation
of workers
Art. 7
Framework Directive applies No observed discrepancies
have been identified.
Are there more detailed requirements than in the Directive?
N.
Limit values
Art.3
Exposure limit values for non-coherent
radiation, other than that emitted by natural
There are no observed
discrepancies in relation to
Does the transposing legislation set more stringent values?
N.
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Main provisions Observed discrepancies More detailed or broader requirements
sources of optical radiation, are set out in
Annex I.
Exposure limit values for laser radiation are set
out in Annex II.
the limit values.
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
Other key requirements such as the exposure limit values or
the measures to avoid and reduce exposure are not
transposed in more detail than provided in the Directive. (AOR
RD)
Table 1- 14 Directive 2004/37/EC (carcinogens or mutagens) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art 3(1) read
in conjunction
with Art 2
This Directive shall apply to activities in which
workers are or are likely to be exposed to
carcinogens or mutagens as a result of their
work
Carcinogens
Substance category 1 or 2 carcinogens Annex
VI to Directive 67/548/EEC
Mutagens:
Substance category 1 or 2 mutagens Annex VI
to Directive 67/548/EEC
The national legislation
applies the carcinogen
and mutagen classification
according to the CLP
Regulation (EC) 1272/2008.
No observed discrepancies
have been identified with
regard to the scope and
definitions.
Does the transposing legislation also cover reprotoxic
substances (1A and 1B)?
N.
Conducting a
risk
assessment
Art. 3
nature, degree and duration of workers'
exposure shall be determined in order to
make it possible to assess any risk to the
workers' health or safety and to lay down the
measures to be taken.
The assessment shall be renewed regularly
and in any event when any change occurs in
the conditions which may affect workers'
exposure to carcinogens or mutagens.
The employer shall supply the authorities at
their request with the information used for
making the assessment.
When assessing the risk, account shall be
No observed discrepancy
has been identified related
to the risk assessment.
Does the transposing legislation oblige employers to
supply the authorities with information automatically and
not on request?
N.
Are the risks to be taken into account in the assessment
described in a more specific manner than in the
Directives?
N.
Is the content of the risk assessment more detailed than
described in the Directives?
N.
Is a more specific methodology for risk assessment
provided in the legislation?
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Main provisions Observed discrepancies More detailed or broader requirements
taken of all other routes of exposure, such as
absorption into and/or through the skin.
Y. The Carcinogens and mutagens RD specifies that the risk
assessment shall be renewed regularly and at least once year.
(Carcinogens and mutagens RD)
Are the sources of information and persons in charge of
the risk assessment described in the legislation in a more
specific manner than in the Directives?
N.
Ensuring
preventive
and
protective
services
N/A N/A N/A
Information for
workers
Art.12
Appropriate measure to ensure that:
Workers and/or any workers' representatives in
the undertaking can check that this Directive
is applied or can be involved in its application
in particular for:
o the consequences for workers' safety and
health of the selection, wearing and use of
protective clothing and equipment, without
prejudice to the employer's responsibility for
determining the effectiveness of protective
clothing and equipment;
o the measures in case of foreseeable
exposure
Workers and/or their representatives are
informed as quickly as possible of abnormal
exposures including foreseeable ones or the
cause and of the measures taken or to be
taken to rectify the situation
The employer keeps an up-to-date list of the
workers engaged in the activities in respect of
which the results of the assessment reveals a
risk to workers and indicating if available their
exposure
Doctors and/or competent authorities have
access to this list.
There are no observed
discrepancies regarding
the information of workers.
Does the Directive set additional information
requirements, including on:
o relevant activities and industrial processes, including
reasons why carcinogens mutagens and reprotoxins
are used;
o quantities of substances and preparations
manufactured or used that contain CMR
o numbers of workers exposed
o replacement by another product
o negative impacts on fertility
N.
Does the legislation provide for specific conditions in
relation (e.g. size of the establishments) to workers
information?
N.
Is the content or form of information to workers further
specified?
Y. The RD specifies that the information shall take the form of
an individual briefing document containing all information
and instructions. There are no additional content requirements
in the RD (Carcinogens and mutagens RD)
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Each worker has access to the information
about him
Workers and/or workers representatives have
access to anonymous collective information
Training of
workers
Art.11
Sufficient and appropriate training on the
basis of all available information on:
o Potential risks to health including the
additional risks due to tobacco consumption
o Precautions to be taken to prevent exposure
There are no observed
discrepancies regarding
the training of workers.
Is more specific information on the scope of training
provided in the legislation?
N. The Carcinogens and mutagens however specifies that the
training of workers who continue working in risk zones shall be
repeated at least once a year. (Carcinogens and mutagens
RD)
Are there specific requirements as to the competence of
trainers provided in the legislation?
N.
Health
surveillance
Art.14
Health surveillance prior exposure and at
regular intervals thereafter
If a workers suffer from an abnormality
suspected to be the result of exposure the
doctor or relevant authority may require other
workers who have been similarly exposed to
undergo health surveillance. In that even a
reassessment of the risk must be carried out.
Medical records must be kept and doctors
must propose any protective or preventive
measures to be taken in respect of any
individual worker.
Advice must be given to workers on health
surveillance after the end of exposure
Workers have access to the result of health
surveillance that concern them
Workers/employers may request a review of
the results of the health surveillance
There are no observed
discrepancies regarding
the health surveillance of
workers.
Does the national legislation set health surveillance
requirements after the end of exposure?
Y. The national legislation on health surveillance of workers
prescribes post exposure surveillance for workers who have
been exposed to chemical agents32. Such surveillance is
either covered by the employer or by the Occupational
Diseases Fund33. (Carcinogens and mutagens RD)
Are the arrangements for health surveillance records
specified in the legislation?
Y. The RD cross refers to the general requirements of the
framework legislation in relation to the health record, but
specifies that, in this case, exceptionally, a copy of the health
record shall be kept by the department responsible for health
surveillance during 40 years. (Carcinogens and mutagens RD)
Are the conditions in which health surveillance is required
more specifically described in the legislation?
N.
Is the periodicity of health surveillance provided in national
law?
Y. As long as the exposure continues, the health surveillance
32 Art. 38 (1) Health Surveillance RD. 33 Art. 38 (4) Health Surveillance RD.
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Main provisions Observed discrepancies More detailed or broader requirements
shall be carried out at least once per year. (Carcinogens and
mutagens RD)
Consultation
of workers
Art.13
Framework Directive applies No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Directive?
Y. The OSH Committee shall, in addition to the general
requirements contained in the framework legislation, give
advice about:
o The risk assessment
o Every measure aimed at reducing the exposure duration
of workers as much as possible and at protecting them
during activities where exposure is foreseeable
o Training and information programmes for workers
o Labelling of containers, packaging and installations
o Delimitation of the risk zones. (Carcinogens and
mutagens RD)
Limit values
Art 16 and
Annex III
Limit values on Benzene, Vinyl chloride
monomer, hardwood dusts
There are no observed
discrepancies regarding
the limit values for
exposure.
Does the transposing legislation set more stringent limit
values?
N.
Does the legislation set binding limit values on other
carcinogens and mutagens (e.g. refractory ceramic
fibres)
N. Annex I to the Chemical Agents RD identifies more
carcinogens and mutagens (indicated by the letter ´C´ than
merely those listed in the Directive. It includes limit values for
exposure for those substances. The limit values are in this case
however those introduced by the Directive on chemical
agents.
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
Other key requirements such as the three-tiered approach to
protect workers from exposure and the measures to be taken
to limit exposure are not transposed in more detail than
provided in the Directive. (Carcinogens and mutagens RD)
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Table 1- 15 Council Directive 98/24/EC (chemical agents at work) - Observed discrepancies, more stringent and more detailed requirements
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Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 1 and 2
The requirements of this Directive
apply where hazardous chemical
agents are present or may be
present at the workplace, without
prejudice to the provisions for
chemical agents to which
measures for radiation protection
apply pursuant to Directives
adopted under the Treaty
establishing the European Atomic
Energy Community.
Chemical agent is defined as any
chemical element or compound,
on its own or admixed, as it occurs
in the natural state or as produced,
used or released, including release
as waste, by any work activity,
whether or not produced
intentionally and whether or not
placed on the market.
Hazardous chemical agent is
defined as
o any chemical agent which meets
the criteria for classification as a
dangerous substance according
to the criteria in Annex VI to
Directive 67/548/EEC, whether or
not that substance is classified
under that Directive, other than
those substances which only meet
the criteria for classification as
dangerous for the environment;
o any chemical agent which meets
the criteria for classification as a
dangerous preparation within the
No observed discrepancies have been
identified with regard to the scope and
definitions.
Is the scope broader than the directive’s for:
- Chemical agent?
- Hazardous chemical agent?
N.
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meaning of Directive 88/379/EEC,
whether or not that preparation is
classified under that Directive,
other than those preparations
which only meet the criteria for
classification as dangerous for the
environment;
o any chemical agent which, whilst
not meeting the criteria for
classification as dangerous in
accordance with (i) and (ii), may,
because of its physico-chemical,
chemical or toxicological
properties and the way it is used
or is present in the workplace,
present a risk to the safety and
health of workers, including any
chemical agent assigned an
occupational exposure limit value
under Article 3 of the Directive.
Conducting
a risk
assessment
Art. 4(1), (2)
and (4)
The Directive requires a risk
assessment to be carried out by
employers which must determine
whether any hazardous chemical
agents are present at the
workplace. If so they should assess
them taking into account, inter
alia, their hazardous properties;
level, type and duration of
exposure; the circumstances of
work involving such agents;
occupational exposure limit values
or biological limit values; effect of
preventive measures taken or to
be taken; conclusions to be drawn
from any health surveillance.
In case of activities involving
No observed discrepancy has been identified
related to the risk assessment.
Does the national legislation require employers to
submit risk assessment to national authorities whether
on request or automatically?
N. The employer is however required to adequately
document the risk assessment.
Are the risks to be taken into account in the
assessment described in a more specific manner
than in the Directive?
N.
Is the content of the risk assessment more detailed
than described in the Directive?
N.
Is a more specific methodology for risk assessment
provided in the legislation?
Y. The Chemical Agents RD provides for a formula for
determining the cumulative effect of exposure to
various chemical agents. A deviation from this formula
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exposure to several agents, the risk
must be assessed taking into
account all chemical agents in
combination.
The risk assessment must be
documented. The employer must
be in possession of the risk
assessment.
is allowed, but only if scientific data enable a better
assessment of the cumulative exposure. (Chemical
agents RD)
Are the sources of information and persons in charge
of the risk assessment described in the legislation in a
more specific manner than in the Directive?
Y. The employer is overall responsible for carrying out
the risk assessment. However, the RD requires the OSH
Committee to provide prior advice on the justification
in case the employer argues that a detailed risk
assessment is not necessary. (Chemical agents RD)
Ensuring
preventive
and
protective
services
N/A
N/A
N/A
Information
for workers
Art.8
The employer must ensure that
workers are provided with:
o Data obtained from the risk
assessments
o Information on the hazardous
chemical agents occurring in the
workplace (e.g. relevant
occupational exposure limit
values)
o Training and information on
appropriate precautions and
actions to be taken
o Safety data sheet
There are no observed discrepancies regarding
the information of workers.
Does the transposing legislation set any additional
information requirements?
Y. The RD also requires workers to be informed of the
results of the measurements comparing exposure to the
limit values. (Article 29 Chemical Agents RD)
Does the legislation provide for specific conditions
(e.g. size of the establishments) in relation to workers
information?
N.
Is the content or form of information to workers
further specified?
Y. In addition to the general requirement to make
containers and pipes identifiable, the RD requires this to
be done via a consistent safety indication in line with
the requirements of legislation on labelling of hazardous
substances. The RD specifies how this labelling
requirement is met for fixed containers of more than 500
litres and glass recipients used in laboratories. (Article 30
Chemical Agents RD)
Training of
workers
The employer must ensure that
workers are provided with:
There are no observed discrepancies regarding
the training of workers.
Is more specific information on the scope of training
provided in the legislation?
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Art.8 o Training and information on
appropriate precautions and
actions to be taken
N.
Are there specific requirements as to the
competence of trainers provided in the legislation?
N.
Other more detailed or more stringent requirements?
N.
Health
surveillance
Art.10
The employer shall provide health
surveillance of workers for whom
the results of the assessment of the
hazardous chemical agents reveal
a risk to health.
Individual health and exposure
records shall be made and kept
up-to-date and contain a
summary of the results of health
surveillance and of any monitoring
data representative of the
exposure of the individual.
Copies must be supplied on
request to the authorities
There are no observed discrepancies regarding
the health surveillance of workers.
Does the transposing legislation require health
surveillance to be provided for other workers than
those for which the assessment of the hazardous
chemical agents revealed a risk to health?
N.
Does the transposing legislation oblige employers
to supply the authorities with information
automatically and not on request?
N.
Are the arrangements for health surveillance records
specified in the legislation?
Y. The general requirements for the health record set
out in the Health Surveillance RD apply. The health
records shall be kept by the department in charge of
health surveillance. The RD moreover specifies that the
prevention adviser-doctor shall make the exposure data
available to the OSH Committee, in an anonymous
manner, where medical secrecy can be ensured and
taking account of the number of workers exposed.
(Chemical agents RD)
Are the conditions in which health surveillance is
required more specifically described in the
legislation?
N. Is the periodicity of health surveillance provided in
national law?
Y. Annex IV of the Chemical Agents RD contains a list of
agents that require specific examinations and the
periodicity in which those examinations must be
executed.
Other more detailed or more stringent requirements?
N.
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Consultation
of workers
Art.11
Framework Directive applies No observed discrepancies have been
identified.
Are there more detailed requirements than in the
Framework Directive?
Y. The OSH Committee is asked for advice at various
stages, for instance, during the risk assessment, the
preparation of emergency plans and the
measurements. Moreover, the Committee can contest
the results of the risk assessment (Chemical Agents RD)
Limit values
Art 3 and
6(4) and (5)
Exposure limit values and biological
limit values
For the following substances, less stringent limit
values (higher) have been set. Only the
differences in limit values are reported in the
table, when cells are left blank the values set
are the same as the ones laid down by
91/322/EEC, Directive 2000/39/EC, Directive
2006/15/EC or Directive 2009/161/EC.
Name of
agent
Limit values
Eight hours Short-term
Mg/m³ ppm Mg/m³ ppm
Naphtalene 53 80 15
Nitrogen
monoxide
31
Sulphuric
acid (mist)
1 3
Does the transposing legislation set more stringent
limit values?
Y. First, it is noteworthy that limit values set in the
Belgian legislation are binding.
For the following substances, more stringent limit
values (lower) or additional limit values (short term)
have been set. Only the differences in limit values are
reported in the table, when cells are left blank the
values set are the same as the ones laid down by
91/322/EEC, Directive 2000/39/EC, Directive
2006/15/EC or Directive 2009/161/EC.
Name of agent Limit values
Eight hours Short-term
Mg/m³ ppm Mg/m³ ppm
Acetic acid 38 15
Pyridine 3.3 1
Acetone Idem Idem 2420 1000
Ethylamine Idem 28.2 15
Ethylbenzene 551 125
e-Caprolactam
(dust)
1
e-Caprolactam
(vapour)
10 2.2 40 8.7
Phenol 8 16 4
Triethylamine 4.2 1
n-Heptane 1664 400 2085 500
Formic acid 19 10
Methanol 333 250
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Acetonitrile 34 20
Isopentane 1800 600 2250 750
Resorcinol 46 91 20
Toluene 77 20
Pentane 1800 600 2250 750
Oxalic acid 2
Neopentane 1800 600 2250 750
Diphosphorus
pentasulphide
3
Chromium
Metal,
Inorganic
Chromium (II)
Compounds
and Inorganic
Chromium (III)
Compounds
(insoluble)
0.5
Bromine 0.67 1.3 0.2
Phosphorus
pentachloride
0.86 0.1
Carbon
disulphide
3.16 1
Methyl
methacrylate
208 50 416 100
Methylacrylate 7.2 2
2-
Methoxyethanol
0.3 0.1
2-
Methyoxyethyl
acetate
0.5 0.1
Tertiary-butyl-
methyl ether
146 40
Other additional or more detailed requirements
N.
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Other issues
identified
No observed discrepancies have been
identified in relation to the other key
requirements of the Directive.
The Chemical Agents RD contains a number of
specifications or more detailed implementing
requirements of the Directive´s provisions. For example,
it specifies that all measures aimed at preventing or
protecting workers from exposure to chemical agents
shall be included in the global prevention plan
prepared on the basis of Article 10 of the OSH RD.
Moreover, Article 20 of the RD sets out more detailed
requirements for the measurements of chemical agents
which could be a risk for the health of workers.34
Table 1- 16 Directive 2009/148/EC (asbestos) - Observed discrepancies, more stringent and more detailed requirements
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Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art.1 and 2
The Directive covers health and safety risks
arising or likely to arise from exposure to
asbestos at work where asbestos is defined as
any one of six fibrous silicates:
- asbestos actinolite, CAS No 77536-66-4 ( 1 );
- asbestos grunerite (amosite), CAS No 12172-73-
5 ( 1 );
- asbestos anthophyllite, CAS No 77536-67-5 ( 1 )
- chrysotile, CAS No 12001-29-5 ( 1 );
- crocidolite, CAS No 12001-28-4 ( 1 );
- asbestos tremolite, CAS No 77536-68-6 ( 1 ).
No observed discrepancies
have been identified with
regard to the scope and
definitions.
Any additional or more detailed requirements
N.
Conducting a
risk
assessment
Art.3(2)
In the case of activity likely to involve a risk of
exposure to dust arising from asbestos or
materials containing asbestos, this risk must be
assessed to determine the nature and degree
of the workers’ exposure.
No observed discrepancy
has been identified related
to the risk assessment.
Are the risks to be taken into account in the assessment
described in a more specific manner than in the Directive?
Y. The Asbestos RD also requires the duration of exposure to
be assessed. (Asbestos RD)
Is the content of the risk assessment more detailed than
described in the Directive?
N.
34 See also National Implementation Report 2013, Part A, Section II, (EN) p.59.
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Is a more specific methodology for risk assessment provided
in the legislation?
Y. The methodology for the risk assessment is that set out in the
Carcinogens and mutagens RD. The RD moreover specifies
that the workers and the OSH Committee shall be involved in
the risk assessment which shall be provided to them in written
form. In the case of authorised works, a prior advice from the
Committee shall be requested (Asbestos RD)
Are the sources of information and persons in charge of the
risk assessment described in the legislation in a more
specific manner than in the Directive?
N.
Ensuring
preventive
and
protective
services
Art.7(4)
Sampling shall be carried out by suitably
qualified personnel. The samples taken shall
be subsequently analysed, in laboratories
equipped for fibre counting.
There are no observed
discrepancies regarding
the involvement of
preventive and protective
services.
The Asbestos RD specifies that the work stations where the
sampling shall take place shall be determined by the
preventive services, and be agreed upon by the OSH
Committee (Asbestos RD)
Information for
workers
Art.4(4) Art.17
Art.4(4): Workers must have access to the
documents used in the documentation system
Art.17: Workers must receive adequate
information on:
- potential risks to health from exposure to dust
arising from asbestos or materials containing
asbestos;
- existence of statutory limit values and the
need for the atmosphere to be monitored;
- hygiene requirements, including the need to
refrain from smoking;
- precautions to be taken as regards the
wearing and use of protective equipment and
clothing;
- special precautions designed to minimise
exposure to asbestos.
Workers must have access to the results of
asbestos-in-air concentration measurements
and can be given explanations of the
There are no observed
discrepancies regarding
the information of workers.
Does the transposing legislation set any additional
information requirements?
N.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N.
Is the content or form of information to workers further
specified?
N.
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significance of those results. If the results
exceed the limit value, the workers concerned
are informed as quickly as possible of the fact
and the reasons for it and the workers are
consulted on the measures to be taken or, in
an emergency, are informed of the measures
which have been taken.
Training of
workers
Art.14
Appropriate training must be given for all
workers who are, or are likely to be, exposed
to dust from asbestos or materials containing
asbestos. Such training must be provided at
regular intervals and at no cost to the workers.
The content of the training must be easily
understandable for workers. It must enable
them to acquire the necessary knowledge
and skills in terms of prevention and safety,
particularly as regards:
- properties of asbestos and its effects on health;
- types of products or materials likely to contain
asbestos;
- operations that could result in asbestos
exposure and the importance of preventive
controls to minimise exposure;
- safe work practices, controls and protective
equipment;
- appropriate role, choice, selection, limitations
and proper use of respiratory equipment;
- emergency procedures;
- decontamination procedures;
- waste disposal;
- medical surveillance requirements
There are no observed
discrepancies regarding
the training of workers.
Is more specific information on the scope of training
provided in the legislation?
N.
Are there specific requirements as to the competence of
trainers provided in the legislation?
N.
Are there more detailed requirements on the training of
workers than in the Directive?
Y. The Asbestos RD requires training to take place every year.
A specific training is provided for workers who have to
remove asbestos (art. 69 – 71 Asbestos RD).
Health
surveillance
Art.18
Assessment of each worker’s health must be
available prior to the beginning of exposure to
dust arising from asbestos or materials
containing asbestos at the place of work. It
must include a specific examination of the
chest.
There are no observed
discrepancies regarding
the health surveillance of
workers.
Do these health surveillance requirements also apply if
worker exposure is sporadic and of low intensity, and is
clear from the results of the risk assessment that the
exposure limit for asbestos will not be exceeded?
Y. The health surveillance requirements apply when a workers
is exposed to asbestos.
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A new assessment must be available at least
once every 3 years for as long as exposure
continues.
Individual health record to be established for
each worker
The doctor or responsible authority shall advise
on individual protective/preventive measures
to be taken or determine such measures,
including where appropriate the withdrawal
of the worker from all exposure to asbestos.
Information and advice must be given to
workers on any assessment of their health
which they may undergo following the end of
exposure.
The doctor may indicate that medical
surveillance must continue after the end of
exposure for as long as he/she considers it
necessary to safeguard the health
The worker concerned or the employer may
request a review of the assessments
These measures do not apply if worker
exposure is sporadic and of low intensity, and
is clear from the results of the risk assessment
that the exposure limit for asbestos will not be
exceeded (See Article 3(3)
Does the national legislation oblige worker to continue
medical surveillance after exposure to asbestos?
Y. The continued medical surveillance is required when the
prevention adviser in charge of the health surveillance
declares that is necessary for the health of the workers
concerned.
Are the arrangements for health surveillance records
specified in the legislation?
Y. The health record shall be kept during 40 years after the
end of the exposure.
Are the conditions in which health surveillance is required
more specifically described in the legislation?
N.
Is the periodicity of health surveillance provided in national
law?
Y. The periodicity for workers exposed to the risk of asbestos is
once a year.
Consultation
of workers
Art.3(5) and
7(3) and 12
Art.3(5): risk assessment is subject to worker
consultation
Art.7(3): sampling is carried out after worker
consultation
Art.12: workers must be consulted on
measures to be taken in case of activities such
as demolition, asbestos removal work,
repairing and maintenance where it is
foreseeable that the limit values will be
exceeded, before the activities start.
There are no observed
discrepancies regarding
the consultation of workers.
Does the national legislation set additional worker
consultation requirements?
N.
Are specific criteria put in place?
N.
Limit values
Employers shall ensure that no worker is
exposed to an airborne concentration of
There are no observed
discrepancies regarding
Does the transposing legislation set more stringent limit
values?
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asbestos in excess of 0,1 fibres per cm3 as an
8-hour time-weighted average (TWA).
the limit values for
exposure.
N.
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
The asbestos RD contains more detailed requirements than
the Directive in a number of aspects. For example, more
detailed rules regarding the measurements are set out in
Section VI of the RD and a requirement to keep an inventory
of asbestos and asbestos-containing material in the building,
work equipment or protective equipment shall be prepared
by the employer in addition to the notification requirement set
out in the Directive, Also, specific methods for the removal of
asbestos-containing material are prescribed in great detail in
the RD, such as the “incubator bag method” for the removal
of isolation around piping containing asbestos.
Table 1- 17 Directive 2000/54/EC (biological agents) - Observed discrepancies, more stringent and more detailed requirements
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Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 1 and 2
The Directive covers risks, arising or likely to
arise from exposure to biological agents at
work.
‘biological agents’: micro-organisms, including
those which have been genetically modified,
cell cultures and human endoparasites, which
may be able to provoke any infection, allergy
or toxicity;
No observed discrepancies
have been identified with
regard to the scope and
definitions.
Is the scope of the national legislation broader than the
Directive?
N.
Conducting a
risk
assessment
Art. 3, 7(1)
The nature, degree and duration of workers'
exposure must be determined.
In the case of activities involving exposure to
several groups of biological agents, the risk
shall be assessed on the basis of the danger
presented by all hazardous agents present.
The assessment must be renewed regularly
and in any event when any change occurs in
the conditions which may affect workers'
No observed discrepancy
has been identified related
to the risk assessment.
Does the national legislation require employers to submit
risk assessment to national authorities automatically?
N.
Does the national legislation require that practical
guidelines for the determination and assessment of risk must
be developed?
Y. Article 7 OSH RD requires the employer to develop a
strategy for carrying out a risk assessment as part of his
dynamic risk management system. (OSH RD)
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exposure
The employer must supply the CAs, at their
request, with the information used for making
the assessment.
The assessment is conducted on the basis of
all available information:
- classification of biological agents which are or
may be a hazard to human health
- recommendations from a CA which indicate
that the biological agent should be controlled
to protect workers' health when workers are or
may be exposed to such a biological agent as
a result of their work
- information on diseases which may be
contracted as a result of the work of the
workers
- potential allergenic or toxigenic effects as a
result of the work of the workers;
- knowledge of a disease from which a worker is
found to be suffering and which has a direct
connection with his work
Where the assessment reveals risk to workers'
health or safety, employers shall, when
requested, make available to the CA
appropriate information on:
- the results of the assessment;
- the activities in which workers have been
exposed or may have been exposed;
- the number of workers exposed;
- the name and capabilities of the person
responsible for OSH,
- the protective and preventive measures
taken;
- an emergency plan for the protection of
workers from exposure to a group 3 or 4
biological agent which might result from a loss
of physical containment.
Are the risks to be taken into account in the assessment
described in a more specific manner than in the Directive?
N. The Biological Agents RD refers to all risks to the health and
safety of the workers (Biological Agents RD)
Is the content of the risk assessment more detailed than
described in the Directive?
N.
Is a more specific methodology for risk assessment provided
in the legislation?
N.
Are the sources of information and persons in charge of the
risk assessment described in the legislation in a more
specific manner than in the Directive?
Y. The transposition of the sources is almost literal. The
Biological Agents RD however specifies that the competent
authority for issuing recommendations about preventive
measures shall be made by the Ministry of Employment and
Labour. Moreover, the RD specifies that the OSH Committee
shall have the opportunity to provide advice about the
document containing the elements considered for the risk
assessment, the results of the assessment as well as the
measures taken on this basis. (Biological Agents RD)
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Ensuring
preventive
and
protective
services
N/A N/A N/A
Information for
workers
Art.10
Employers shall provide written instructions
and, if appropriate, display notices which
shall, include the procedure to follow in the
case of:
- a serious accident or incident involving the
handling of a biological agent;
- handling a group 4 biological agent.
Employers shall inform the workers of any
accident/incident which may have resulted in
the release of a biological agent and could
cause severe human infection and/or illness.
Employers shall inform the workers as quickly
as possible when a serious accident or
incident occurs, of its causes and the remedial
measures taken or to be taken.
Each worker shall have access to the
information on the list of exposed workers
which relates to him personally.
Workers or their representatives shall have
access to anonymous collective information.
Employers shall provide workers and/or their
representatives, at their request, with the
information for CAs (see Article 7)
There are no observed
discrepancies.
However, the requirement
to provide workers, at their
request, with the
information provided to the
CAs is not transposed in the
Biological Agents RD
Does the information to be provided to the CAs need to
be available to the workers independently of their
request?
N.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N.
Is the content or form of information to workers further
specified?
N. The OSH Committee shall in addition to the general
information requirement for workers have the right to look into
anonymous collective information and be provided with the
information that is forwarded to the inspection services.
(Biological Agents RD)
Training of
workers Art.9
Workers receive training concerning:
- potential risks to health;
- precautions to be taken to prevent exposure;
- hygiene requirements;
- wearing and use of protective equipment and
clothing;
- steps to be taken in case of incidents and to
prevent them.
Training shall be:
There are no observed
discrepancies regarding
the training of workers.
Is more specific information on the scope of training
provided in the legislation?
N.
Are there specific requirements as to the competence of
trainers provided in the legislation?
N.
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- given at the beginning of work involving
contact with biological agents,
- adapted to new or changed risks, and
repeated periodically if necessary
Health
surveillance
Art.14
Each worker can undergo, if appropriate,
relevant health surveillance prior to exposure
and at regular intervals
When necessary, effective vaccines should be
made available for workers who are not
already immune to the biological agent to
which they are exposed.
A worker is found to be suffering from an
infection and/or illness which is suspected to
result from exposure, the doctor or responsible
authority shall offer such surveillance to other
workers similarly exposed. In that event, a
reassessment of the risk of exposure shall be
carried out
In cases where health surveillance is carried
out, an individual medical record shall be kept
for at least 10 years following the end of
exposure.
In the special cases of infection [referred to in
Article 11(2) second subparagraph], an
individual medical record shall be kept for an
appropriately longer time up to 40 years
following the last known exposure.
The doctor or responsible authority shall
propose protective or preventive measures in
respect of any individual worker.
Information and advice must be given to
workers on health surveillance they may
undergo after the end of exposure.
Workers shall have access to the results of the
health surveillance which concern them, and
they or the employer may request a review of
these results.
There are no observed
discrepancies regarding
the health surveillance of
workers.
Does the national legislation set more stringent
requirements on health surveillance (e.g. individual
medical records must be kept more than 10 years)
Y. The individual medical records must be kept more than 30
years.
Are the arrangements for health surveillance records
specified in the legislation?
Y. The Biological Agents RD provides detailed requirements for
the vaccination certificates which shall be provided to the
preventive service in the company. Moreover, the RD
specifies that health records for long-term infections as
referred to in Article 11(2) shall be kept for 30 years.
Are the conditions in which health surveillance is required
more specifically described in the legislation?
Y. The RD sets out very detailed requirements for health
surveillance of workers that might be exposed to biological
agents. The employer is obliged to carry out a prior health
check, regular health assessments and, where appropriate a
health check prior to restarting work.
Is the periodicity of health surveillance provided in national
law?
Y. The RD only specifies the regularity for specific cases, such
as following a positive tuberculin test, in which case a
radiological examination shall be repeated every 5 years.
In addition, the RD provides very detailed requirements about
the content of the health surveillance of workers that might be
exposed to biological agents. It lists the minimum
examinations that shall be carried out as part of each of the
checks. It also lists the potential of increased vulnerabilities
that the doctor shall consider as part of his/her examination,
such as pregnancy, use of medicinal products, etc.
Moreover, the Biological Agents RD introduces more detailed
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All cases of diseases or death identified from
occupational exposure to biological agents
shall be notified to the CA
requirements in relation to vaccinations. For instance, it sets
out employers´ information obligations in relation to
vaccinations, certification requirements as well as a list of
sectors in which mandatory vaccinations apply for tetanus,
tuberculosis or hepatitis. (Biological Agents RD)
Consultation
of workers
Art.12
Framework Directive applies No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Framework Directive?
Y. The OSH Committee is asked for advice at various stages,
for instance, during the preparation of the risk assessment.
(Biological Agents RD)
Limit values
N/A N/A N/A
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
The Biological Agents RD has added activities to the
indicative list of types of activities that do not involve a
deliberate intention to work with or use a biological agent
but that may result in workers´ being exposed to a
biological agent, included in Annex I. For instance, the
Biological Agents RD has also included in this list any
activities whereby there is direct contact with food or
food substances, work in the health sector, including in
isolation units and post-mortem units as well as work in
social services, emergency services and penitentiary
institutions. The list remains indicative.
The Biological Agents RD contains detailed requirements
on the use of sharp medical instruments in the hospital
and health care sector. This chapter however transposes
specific EU requirements established by Directive
2010/32/EU. (Biological Agents RD)
Table 1- 18 Council Directive 92/57/EEC (temporary or mobile construction sites) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
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Scope and
definitions
Art. 1, 2 and
10(1) and (2)
The Directive applies to the health and safety
of workers at temporary or mobile
construction sites, i.e. any construction site at
which building or civil engineering works are
carried out (a non-exhaustive list of works is
provided in Annex I). It does not apply to
drilling and extractive industries*.
No observed discrepancies
have been identified with
regard to the scope and
definitions.
In comparison with the non-exhaustive list of building and civil
engineering works set out in Annex 1 to Directive 92/57/EEC,
Article 2(1) of the Royal Decree of 25 January 2001 on
temporary or mobile construction sites (‘the Royal Decree on
construction sites’) explicitly adds:
- foundation and reinforcing works;
- hydraulic works;
- highway works;
- laying of mains pipes, in particular sewers, gas pipes,
electrical cables and works on these pipes, preceded by
other works covered by the Royal Decree on construction
sites;
- assembly and dismantling of prefabricated elements, girders
and beams in particular;
- finishing works connected with one or more of the works
listed by the Royal Decree on construction sites.
Article 2(2) of the Royal Decree on construction sites explicitly
excludes from its scope:
- Drilling and extraction activities in extractive industries
(Article 2(2)(1));
NB: these activities are also explicitly excluded from Directive
92/57/EEC.
- The assembly of ‘installations’, in particular production,
processing, transport and treatment installations
NB: the Royal Decree on construction sites nevertheless
contains an exception to this exclusion of ‘installation’ works.
The Royal Decree on construction sites continues to apply to:
works to lay mains pipes and works on such pipes, works
connected with foundations, concreting, masonry and
bearing structures for these ‘installations’ (Article 2(2)(2), Part
2).
- Building or civil engineering works (listed in Article 2(1) of the
Royal Decree on construction sites) which are undertaken by
a single contractor in an establishment in which the client
employs workers (Article 2(2)(3);
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NB: Such works are only partially excluded from the Royal
Decree on construction sites. Section VI of the Royal Decree
on construction sites applies to them (provisions that apply to
all sites, such as the minimum safety and health requirements
applying to construction sites and other specific obligations to
be respected by contractors).35
Conducting a
risk
assessment
N/A N/A N/A
Ensuring
preventive
and
protective
services
N/A N/A N/A
Information for
workers
Art.11
Framework Directive applies.
Workers and/or their representatives must be
informed of all the measures to be taken
concerning their safety and health on the
construction site.
The information must be comprehensible to
the workers concerned.
No observed discrepancies
have been identified with
regard to the information of
workers.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N.
Is the content or form of information to workers further
specified?
N.
Training of
workers
N/A N/A N/A
Health
surveillance
N/A N/A N/A
Consultation
of workers
Art. 12
Framework Directive applies.
The consultation of workers must be
coordinated, whenever necessary, between
workers and/or workers' representatives
carrying out their activities at the workplace,
having regard to the degree of risk and the
There are no observed
discrepancies regarding
the consultation of workers.
The coordinator has the obligation to coordinate the work at
the site and organise the exchange of information between
all workers at the site and the site director. Moreover, a formal
coordination structure is required to be set up for the work on
sites which takes more than 5000 days or for works exceeding
2.500.000 euro. (OSH Law and Temporary Construction Sites
35 See National Implementation Report 2013, Part A, Section II, (EN) p.35-36.
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size of the work site. RD)
Limit values N/A N/A N/A
Other issues
identified
No observed discrepancies
have been identified in
relation to the other key
requirements of the
Directive.
The Temporary construction sites RD sets out detailed
requirements in relation to the function of the project
coordinator required by Articles 3 to 6 of the Directive. The RD,
among others, sets out detailed minimum requirements for the
function of project coordinator, for the contractual
arrangements between the project coordinator and the
project supervisor as well as additional detail for the
mandatory tasks associated with this function. For example,
the RD contains specific requirements for the coordination
logbook that a project coordinator is required to keep.36 * The Council Decision 74/326/EEC, to which the Directive refers for a definition of "drilling and extracting industries" has been repealed by the Council Decision setting up an Advisory
Committee on Safety and Health at Work.
Table 1- 19 Council Directive 92/104/EEC (surface and underground mineral-extracting industries) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 1 and 2
The Directive applies to surface and
underground mineral-extracting industries
(excluding extraction by drilling which is subject
to a separate directive).
No observed discrepancies
have been identified with
regard to the scope and
definitions.
The definition of ´workplace´ in the transposing legislation is
more precise as it covers the whole area intended to house
workstations, activities and installations, relating… (further
literal transposition.)
Conducting a
risk
assessment
Art. 3.2
The employer shall ensure that a document
concerning safety and health and covering the
relevant requirements on risk assessment of the
Framework Directive is drawn up and kept up to
date. The safety and health document shall
demonstrate in particular that the risks to which
workers at the workplace are exposed have
been determined and assessed.
No observed discrepancies
have been identified with
regard to the risk
assessment.
Does the national legislation require employers to submit
risk assessment to national authorities whether on request
or automatically?
N. The requirements of Directive 92/104/EEC are transposed in
a literal manner. (Mineral extraction RD)
Are the risks to be taken into account in the assessment
described in a more specific manner than in the
Directive?
N.
Is the content of the risk assessment more detailed than
36 For many more examples, please see National Implementation Report 2013, Part A, Section II, (EN) p. 44-48.
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described in the Directive?
N.
Is a more specific methodology for risk assessment
provided in the legislation?
N.
Are the sources of information and persons in charge of
the risk assessment described in the legislation in a more
specific manner than in the Directive?
N.
Does the national legislation include more specific
information on the content of the ‘health and safety
document’ as provided for by the Directive for the part
related to the risk assessment?
N.
Ensuring
internal
and/or
external
preventive
and
protective
services
N/A N/A N/A
Information for
workers
Art. 7
Framework Directive applies
Workers and/or their representatives shall be
informed of all measures to be taken
concerning safety and health at workplaces,
and in particular of those relating to the
implementation of Articles 3 (general
obligations), 4 (protection from fire, explosions
and health-endangering atmospheres), 5
(Escape and rescue facilities) and 6
(communication, warning and alarm systems).
The information must be comprehensible to
the workers concerned.
No observed discrepancies
have been identified with
regard to the information of
workers.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N.
Is the content or form of information to workers further
specified?
N.
Training of
workers
Art. 10
Workers must be given the necessary
information, instructions, training and re-
training to ensure their health and safety.
No observed discrepancies
have been identified with
regard to the training of
Is more specific information on the scope of training
provided in the legislation?
N.
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(Annex) The employer must ensure that workers
receive comprehensible instructions so as not
to endanger their safety and health or those
of other workers.
workers. Are there specific requirements as to the competence of
trainers provided in the legislation?
N.
Health
surveillance
Art. 8
To ensure that workers receive health
surveillance appropriate to the health and
safety risks they incur at work, measures shall
be introduced in accordance with national
law and/or practices.
The measures shall be such that each worker
shall be entitled to, or shall undergo, health
surveillance before being assigned to duties
related to the activities covered by the
Directive and subsequently at regular
intervals.
Health surveillance may be provided as part
of a national health system.
The provision on health
surveillance has not been
transposed in the Mineral
Extraction RD. As this
provision refers to the
application of existing
national legislation, this
does not create a
observed discrepancy with
the Directive.
Does the transposing legislation require health surveillance
if workers experience health problems that can be
attributed to the performance of the activities covered by
the Directive?
N.
Are the arrangements for health surveillance records
specified in the legislation?
N. The general requirements of the RD on health surveillance
apply.
Are the conditions in which health surveillance is required
more specifically described in the legislation?
N.
Is the periodicity of health surveillance provided in
national law?
N.
Consultation
of workers
Art. 9
Framework Directive applies No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Framework Directive?
N.
Limit values N/A N/A N/A
Other issues
identified
Other key requirements are not transposed in more detail than
provided in the Directive as transposition is literal. (Mineral
extraction RD)
Table 1- 20 Council Directive 92/91/EEC (mineral-extracting industries through drilling) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 1 and 2
The Directive applies to the safety and health
protection of workers in mineral extracting
industries; i.e. industries practising extraction of
minerals through drilling by boreholes,
prospection with a view to such extraction
and/or preparation of extracted materials for
No observed discrepancies
have been identified with
regard to the scope and
definitions.
The definition of ´workplace´ in the transposing legislation is
more precise as it covers the whole area intended to house
workstations, activities and installations, relating… (further
literal transposition.)
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sale, excluding activities of processing the
materials extracted.
Conducting a
risk
assessment
Art.3(2)
A ‘safety and health document’, covering the
relevant requirements of the Framework
Directive is drawn up and kept up to date. It
shall demonstrate in particular that the risks
incurred by the workers at the work place
have been determined and assessed.
No observed discrepancies
have been identified with
regard to the risk
assessment.
Does the national legislation require employers to submit
risk assessment to national authorities whether on request
or automatically?
N.
Are the risks to be taken into account in the assessment
described in a more specific manner than in the Directive?
N. The requirements of Directive 92/91/EEC are transposed in a
literal manner. (Drilling RD)
Is the content of the risk assessment more detailed than
described in the Directive?
N.
Is a more specific methodology for risk assessment provided
in the legislation?
N.
Are the sources of information and persons in charge of the
risk assessment described in the legislation in a more
specific manner than in the Directive?
N.
Does the national legislation include more specific
information on the content of the ‘health and safety
document’ as provided for by the Directive for the part
related to the risk assessment?
N.
Ensuring
preventive
and
protective
services
N/A N/A N/A
Information for
workers
Art. 7
Framework Directive applies
Workers and/or their representatives shall be
informed of all measures to be taken
concerning safety and health at workplaces,
and in particular those relating to the
implementation of Articles 3 (general
obligations), 4 (protection from fire, explosions
No observed discrepancies
have been identified with
regard to the information of
workers.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N.
Is the content or form of information to workers further
specified?
N.
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and health-endangering atmospheres), 5
(Escape and rescue facilities) and 6
(communication, warning and alarm systems).
The information must be comprehensible to
the workers concerned.
Training of
workers
Art. 10 (Annex
Part A 2.5))
Workers must be given the necessary
information, instructions, training and
retraining to ensure their health and safety.
The employer must ensure that workers
receive comprehensible instructions so as not
to endanger their safety and health or those
of other workers.
No observed discrepancies
have been identified with
regard to the training of
workers.
Is more specific information on the scope of training
provided in the legislation?
N.
Are there specific requirements as to the competence of
trainers provided in the legislation?
N.
Health
surveillance
Art. 8
To ensure that workers receive health
surveillance appropriate to the health and
safety risks they incur at work, measures shall
be introduced in accordance with national
law and/or practices.
The measures shall be such that each worker
shall be entitled to, or shall undergo, health
surveillance before being assigned to duties
related to the activities covered by the
Directive and subsequently at regular
intervals.
Health surveillance may be provided as part
of a national health system
The provision on health
surveillance has not been
transposed in the Mineral
Extraction RD. As this
provision refers to the
application of existing
national legislation, this
does not create a
observed discrepancy with
the Directive.
Does the transposing legislation require health surveillance
if workers experience health problems that can be
attributed to the performance of the activities covered by
the Directive?
Are the arrangements for health surveillance records
specified in the legislation?
N. The general requirements of the RD on health surveillance
apply.
Are the conditions in which health surveillance is required
more specifically described in the legislation?
N.
Is the periodicity of health surveillance provided in national
law?
N.
Consultation
of workers
Art. 9
Framework Directive applies No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Framework Directive?
N.
Limit values N/A N/A N/A
Other issues
identified
Other key requirements are not transposed in more detail than
provided in the Directive as transposition is literal. (Drilling RD)
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Table 1- 21 Council Directive 92/29/EEC (medical treatment on board vessels) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 1 and 2(a)
and(b), Art
2(3) and (4)
The Directive applies to workers on board a
vessel, i.e. any vessel flying the flag of a MS or
registered under the plenary jurisdiction of a
MS, seagoing or estuary-fishing, publicly or
privately owned, excluding inland navigation
vessels, warships, pleasure boats used for non-
commercial purposes and not manned by
professional crews and tugs operating in
harbour areas.
It applies to workers, excluding port pilots and
shore personnel carrying out work on board a
vessel at the quayside.
Vessels of more than 500 gross registered
tonnes with a crew of 15 or more workers and
engaged in voyage of more than three days
are required to have a sick bay.
Vessels with a crew of 100 or more workers
and engaged in international voyage of more
than 3 days are required to have a doctor
responsible for medical care on board.
There are no observed
discrepancies with regard
to the scope of the
legislation.
The definition of ship does
not explicitly cover publicly
and privately owned ships,
but the absence of
specification implicitly
covers both.
The transposing legislation does not exclude war ships from
the scope of the legislation. This makes the scope of the
legislation broader than required by the Directive.
Does the national legislation require a sick bay for vessels
board under conditions that go beyond the conditions set
by the directive?
N.
Does the national legislation require having a doctor
responsible for medical care on board under conditions
that go beyond the conditions set by the directive?
Y. In line with the Directive´s requirement a doctor shall be on
board for vessels with a crew of 100 or more workers on an
international voyage of more than three days. In addition, the
Belgian legislator requires the doctor to be accompanied by a
nurse for a vessel with 300 or more people on board.
Conducting a
risk
assessment
N/A N/A N/A
Ensuring
preventive
and
protective
services
N/A N/A N/A
Information for
workers
N/A N/A N/A
Training of
workers
N/A N/A N/A
Health
surveillance
N/A N/A N/A
Consultation N/A N/A N/A
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of workers
Limit values N/A N/A N/A
Other issues
identified
According to NIR 2013, “Belgium does not just apply Directive
92/29/EEC but also the requirements of international
conventions and codes. The 2006 Maritime Labour
Convention will come into force on 20 August 2013. One of its
main principles is that all seafarers are entitled to health
protection and medical care. Under the MLC, all vessels must
make provision for rapid access to all the medicines needed
for medical care on board the vessel, must have an on-board
pharmacy and must make information available as to when
hospital services are required. Reference may be made to
Directive 2009/13/EC of 16 February 2009 implementing the
Agreement concluded by the European Community
Shipowners’ Associations (ECSA) and the European Transport
Workers’ Federation (ETF) on the Maritime Labour Convention,
2006, and amending Directive 1999/63/EC.
In 2010, a conference of the States party to the STCW
Convention in Manila made a number of significant
amendments to the STCW Convention (‘the Manila
Amendments’) which also list physical ability requirements and
mandatory minimum requirements in relation to emergency
medical care and medical care. The ‘Manila Amendments’
entered into EU law in Directive 2008/106/EC of the European
Parliament and of the Council of 19 November 2008 on the
minimum level of training of seafarers.”37
Table 1- 22 Council Directive 93/103/EC (work on board fishing vessels) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
37 See National Implementation Report 2013, Part A, Section II, (EN) p.34.
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Scope and
definitions
Art. 1 and 2(b)
and(c)
The Directive applies to any new or existing
fishing vessels with a length between
perpendiculars of 15 meters or over (which on
or after 23 November 1995 furthermore
satisfied the conditions specified therein) or
with a length of 18 metres or over respectively.
There are no observed
discrepancies with regard
to the scope and
definitions of the legislation.
Does the national legislation apply the requirement of the
Directive to other fishing vessels than the ones covered by
the Directive?
N.
Conducting a
risk
assessment
N/A N/A N/A
Ensuring
preventive
and
protective
services
N/A N/A N/A
Information for
workers
Art.8
The framework Directive applies.
The information must be comprehensible to
the workers concerned.
No observed discrepancies
have been identified with
regard to the information of
workers.
Does the national legislation set additional information
requirements?
N.
Does the legislation provide for specific conditions (e.g.
size of the establishments) in relation to workers
information?
N.
Is the content or form of information to workers further
specified?
Y. The Shipping Vessels RD specifies that the captain of a ship
shall prepare written instructions and guidelines for newly
appointed workers and are provided with sufficient time to
become acquainted with them. The guidelines and
procedures cover the equipment on board as well as
emergency and safety procedures. The information shall be
provided in a language understandable to the worker and a
co-worker shall be appointed to provide the necessary
essential information. (Shipping Vessels RD)
Training of
workers
Art.9 Art.10
Art.9
Workers shall be given suitable training, in
particular in the form of precise,
comprehensible instructions, on safety and
health on board vessels and on accident
No observed discrepancies
have been identified with
regard to the training of
workers.
Is more specific information on the scope of training
provided in the legislation (general training for person likely
to command a vessel?
Y. The captain of the vessel is required to ensure that every
member of the crew is familiar with the tasks it shall carry out in
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prevention
The training shall cover in particular
firefighting, the use of life-saving and survival
equipment and, for the workers concerned,
the use of fishing gear and hauling equipment
and the use of various types of signs including
hand signals
Such training shall be subject to the necessary
updating where this is required by changes in
the activities on board
Art.10
Any person likely to command a vessel shall
be given detailed training on:
- the prevention of occupational illness and
accidents on board and the steps to be taken
in event of accident;
- stability and maintenance of the vessel under
all foreseeable conditions of loading and
during fishing operations;
- radio navigation and communication,
including procedures.
case of emergency and trained in the use of all equipment it
will be required to use. The captain is obliged to provide the
necessary training to this end and to ensure the tasks are
exercised. Moreover, the shipping companies are required to
train the workers after their appointment on one of its ships
with the specific tasks, rules, installations, equipment,
procedures and characteristics of the ship related to their
tasks. (Shipping Vessels RD)
Are there specific requirements as to the competence of
trainers provided in the legislation?
Y. The trainers shall, for emergency situations, be the captain.
For the other training requirements, no more detailed
provisions are set out in the RD.
Health
surveillance
N/A N/A N/A
Consultation
of workers
Art.11
The Framework Directive applies No observed discrepancies
have been identified.
Are there more detailed requirements than in the
Framework Directive?
N.
Limit values N/A N/A N/A
Other issues
identified
The Fishing Vessels RD sets out more detailed requirements in
relation to the regular checks of vessels required by Article
3(2) of the Directive. In addition to the investigation and
inspections on board seagoing vessels, a yearly check is
carried out by the inspectors with a view to verify whether the
vessels meet the requirements of the Fishing Vessels RD.
In addition, and according to NIR 2013, “employers must
adapt their policy on well-being to take account of practical
experience and advances in operating methods and working
conditions. They are responsible for the long-term planning of
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prevention, through a dynamic system of risk monitoring
focusing on well-being. This notion includes safety at work,
work-related psychosocial stress, ergonomics, occupational
hygiene, improvement of workplaces and commitments to
the environment.
A characteristic feature of the dynamic risk monitoring system
is the planning of prevention and the application of policy on
workers’ well-being in order to manage risks through detection
and assessment and by taking specific prevention measures.
The dynamic aspect means that this is an ongoing process
that enables progressive and continuous adaptation to
changing circumstances. Employers must therefore carry out
a risk assessment as part of their commitment, on the basis of
which they may take prevention measures.”38
Table 1- 23 Council Directive 92/85/EEC (pregnant/breastfeeding workers) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 1 and 2
The Directive applies to pregnant workers and
workers who have recently given birth or who
are breastfeeding.
pregnant worker shall mean a pregnant
worker who informs her employer of her
condition, in accordance with national
legislation and/or national practice;
worker who has recently given birth shall
mean a worker who has recently given birth
within the meaning of national legislation and/
or national practice and who informs her
employer of her condition, in accordance
with that legislation and/or practice;
worker who is breastfeeding shall mean a
No observed discrepancies
have been identified with
regard to the scope and
definitions.
Any additional or more detailed requirements
N.
38 National Implementation Report 2013, Part A, Section II, (EN) p.55-56.
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worker who is breastfeeding within the
meaning of national legislation and/or
national practice and who informs her
employer of her condition, in accordance
with that legislation and/or practice.
Conducting a
risk
assessment
Art. 4
For all activities liable to involve a specific risk of
exposure to the agents, processes or working
conditions of which a non-exhaustive list is given
in Annex I, the employer shall assess the nature,
degree and duration of exposure, in the
undertaking and/or establishment concerned in
order to:
- assess any risks to the safety or health and any
possible effect on the pregnancy or
breastfeeding of workers
- decide what measures should be taken
No observed discrepancies
have been identified with
regard to the risk
assessment.
Are the risks to be taken into account in the assessment
described in a more specific manner than in the Directive?
N. The risks and factors to be considered listed in Annex I are
transposed without providing more detail (Maternity RD)
Is the content of the risk assessment more detailed than
described in the Directive?
N.
Is a more specific methodology for risk assessment provided
in the legislation?
N.
Are the sources of information and persons in charge of the
risk assessment described in the legislation in a more
specific manner than in the Directive?
N.
Ensuring
preventive
and
protective
services
N/A N/A N/A
Information for
workers
Art.4(2)
Pregnant workers, workers who have recently
given birth, workers who are breastfeeding in
the undertaking and/or establishment
concerned shall be informed of the results of
the assessment and of all measures to be taken
No observed discrepancies
have been identified with
regard to the information of
workers.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N.
Is the content or form of information to workers further
specified?
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concerning health and safety at work. N.
Training of
workers
N/A N/A N/A
Health
surveillance
N/A N/A N/A
Consultation
of workers
N/A N/A N/A
Limit values
Art. 6
N/A N/A N/A
Other issues
identified
There is specific protection for pregnant women. From the
time at which the woman’s pregnancy is notified, various
protective mechanisms come into force: right to attend
medical check-ups which are not possible outside working
hours, restrictions on work at night, temporary changes to
working conditions, possible changes to workstations, or even
suspension of the contract of employment.39
Table 1- 24 Council Directive 91/383/EEC (temporary workers) - Observed discrepancies, more stringent and more detailed requirements
CPM
Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art 3(1) read
in conjunction
with Art 2
This Directive shall apply to:
o employment relationships governed by a
fixed-duration contract of employment
concluded directly between the
employer and the worker, where the end
of the contract is established by objective
conditions such as: reaching a specific
date, completing a specific task or the
occurrence of a specific event;
o temporary employment relationships
No observed discrepancies
have been identified with
regard to the scope and
definitions.
Any additional or more detailed requirements
Y. The Law on temporary work provides in more detail which
conditions could lead to a temporary position.
39 See National Implementation Report 2013, Part A, Section II, (EN) p.11.
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CPM
Main provisions Observed discrepancies More detailed or broader requirements
between a temporary employment
business which is the employer and the
worker, where the latter is assigned to
work for and under the control of an
undertaking and/or establishment making
use of his services.
Conducting a
risk
assessment
N/A N/A N/A
Ensuring
preventive
and
protective
services
Art. 6
Protective and prevention services are to be
informed about the assignment of workers
with temporary or fixed-duration contracts
No observed discrepancies
have been identified with
regard to the preventive
and protective services.
Does the legislation define in more specific terms
information to be provided to such services?
Y. The Temporary Workers RD requires the employer / user of
temporary workers to prepare a work station note in
collaboration with the prevention adviser from the ISSP and
the prevention adviser in charge of health surveillance.
(Temporary Workers RD)
Information for
workers Art.3
(and 7)
In addition to the general requirements with
regard to workers’ information, temporary
workers shall be informed of special
occupational qualifications or skills or special
medical surveillance and about increased
risks that the job may entail.
No observed discrepancies
have been identified with
regard to the information of
workers.
Does the legislation provide for specific conditions (e.g. size
of the establishments) in relation to workers information?
N.
Is the content or form of information to workers further
specified?
Y. The work station note to be prepared by the user of the
temporary worker shall contain information, specified in detail
in the RD, such as a precise description of the properties of the
work station or function, maternity protection requirements,
health surveillance requirements, etc. Moreover, the employer
/user of the temporary worker is required to provide the
temporary worker with all relevant information and, in
particular, information on the risks associated with the
function, the obligations of hierarchy, assignments of the ISSP,
access to social facilities, first-aid, etc. (Temporary Workers RD)
Training of
workers Art.4
In addition to the general requirements
regarding training, each temporary worker
must receive sufficient training appropriate to
No observed discrepancies
have been identified with
regard to the training of
Is more specific information on the scope of training
provided in the legislation?
N.
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the particular characteristics of the job,
account being taken of his qualifications and
experience.
workers. According to NIR 2013, “For all workers starting work in an
enterprise (and therefore including workers employed on
fixed-term contracts), Article 16a of the Royal Decree of 28
March 1998 on policy on workers’ well-being at work makes it
mandatory for employers to provide induction training
focusing specifically on workers’ well-being. Employers, or the
staff members that they designate, must provide new workers
with information on the general risks to which they may be
exposed in the enterprise and any necessary information on
the measures to be taken in the event of a serious and
immediate threat, including first aid, fire-fighting and
evacuation of workers. Employers, or the staff members that
they designate, must also inform workers of the risks and
preventive measures to be taken that are specific to the
workstation(s) at which workers will be employed. The person
giving this induction training must also personally sign a
document confirming that this ‘well-being induction’ has
actually been given in due and proper form.
Employers, or a staff member that they have designated, are
responsible for the temporary worker’s induction. During this
induction, the temporary worker has to be given pertinent
information on the risks connected with the workstation.
Specific safety instructions must also be given if they are
necessary to prevent the risks connected with the workstation
and/or the workplace. The person who has given the
induction training must confirm that the training has actually
been given and record it in a document. The training may be
recorded by filling out a box provided for this specific purpose
in the workstation information sheet. The workstation
information sheet is the best place for recording the induction
of a temporary worker. This sheet in practice contains a
valuable description of the characteristics of the workstation
or the task. It also indicates whether health surveillance
(health screening and possibly vaccinations) are mandatory
as well as the risks entailed in and the prevention measures to
be taken in connection with the task to be performed. This
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sheet also indicates whether specific training is required.
Article 11, first paragraph, of the Royal Decree of 15
December 2010 also expressly states that clients must ensure
that work takes place in the best possible conditions, so that
temporary workers receive the same level of protection as
other workers in the enterprise.”40
Health
surveillance
Art.5(2)
Workers who are used for particularly
dangerous work which requires special
medical surveillance must be provided with
appropriate special medical surveillance.
No observed discrepancies
have been identified with
regard to the health
surveillance.
Does the transposing legislation require medical
surveillance for all types of temporary workers?
N.
Are the arrangements for health surveillance records
specified in the legislation?
N. The general requirements for health surveillance apply
though the responsibilities for carrying out the health check
are regulated in more detail in the Temporary Workers RD.
Are the conditions in which health surveillance is required
more specifically described in the legislation?
N.
Is the periodicity of health surveillance provided in national
law?
N. There are no specific provisions on health surveillance after
the end of the temporary worker’s employment. The nature of
the risk determines whether health surveillance needs to be
continued once exposure has come to an end (and is legally
required, for instance, if workers have been exposed to
ionising radiation – see Article 9(1) of the Royal Decree of 25
April 1997 on the protection of workers against the risks
resulting from ionising radiation).
According to NIR 2013, “Like other ‘conventional’ workers,
temporary workers are subject to health surveillance if their
40 See National Implementation Report 2013, Part A, Section II, (EN) p.32.
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work entails risks (i.e. safety work requiring increased vigilance,
activities entailing a specific risk or activities in connection with
foodstuffs, as regulated by the Royal Decree of 29 May 2003
on workers’ health surveillance). Temporary work agencies are
responsible for the health surveillance of temporary workers
and undertake a health screening, taking account of the risks
to which the temporary worker will be exposed when working
for a client, before the temporary worker starts work with that
client. In order to able to evaluate such risks correctly, the
client must draw up a workstation information sheet and
forward it to the temporary work agency. The workstation
information sheet drawn up by the client must mention,
among others, the risks to which the temporary worker may be
exposed and the prevention measures that are to be taken.
The temporary worker also receives a copy of this information
sheet. Each time that the temporary worker is employed by a
client, the temporary work agency has to check whether
there are (new) risks for which a health screening is required
and/or whether vaccinations are necessary.
If the risks are the same as for previous employment, the
temporary work agency checks whether the period of fitness
for work has expired. If so, a new health screening is carried
out or vaccinations are given again. In this way, the
temporary work agency is able, as the central player, to have
an overview of the risks to which temporary workers are
exposed.
In the case of workers with fixed-duration contracts of
employment who must be subject to health surveillance
because they are exposed to risks when working for their
employer, the prevention adviser/occupational physician
draws up a health record – as is the case for the enterprise’s
other workers. If the worker is employed thereafter by another
employer, the new employer’s prevention
adviser/occupational physician may ask for objective
medical data and exposure data from the health record held
by the former employer (Article 88(2) of the Royal Decree of
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28 May 2003 on workers’ health surveillance). This also
provides an overview of the risks to which the worker has
already been exposed.”41
Consultation
of workers
N/A N/A The RD requires the opinion of the OSH Committee to be
obtained on the work station note before providing this
document to the temporary workers agency in charge of
recruiting the temporary workers (Temporary Workers RD)
Limit values N/A N/A N/A
Other issues
identified
The requirement to ensure the responsibility of the user
undertaking is effectively reflected in the RD. The RD provides
in more detail which responsibilities are especially covered,
such as the requirement to check the special professional
qualifications of the temporary worker or the requirement to
carry out a prior health check for a specific function.
(Temporary Workers RD)
In addition, “Section IV of the Royal Decree of 15 December
2010 provides for the creation of a central database to be
managed by the central prevention service for the temporary
work sector. As a rule, temporary workers work for clients only
for short periods, after which they are employed by other
clients. Setting up a central database is therefore a crucial
way of following up health surveillance, avoiding unnecessary
health screenings and facilitating exchanges of data
between various clients’ prevention services.”42
Also, “a temporary work agency may not, for instance, supply
temporary workers to clients who are known or suspected not
to be applying the regulations on well-being (Chapter IV,
Section 2, of the Law on well-being of 4 August 1996).
Temporary work agencies are also subject to a number of
obligations in relation to the health and safety of workers (for
instance health surveillance), although all the obligations in
41 See National Implementation Report 2013, Part A, Section II, (EN) p.31. 42 See National Implementation Report 2013, Part A, Section II, (EN) p.32.
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CPM
Main provisions Observed discrepancies More detailed or broader requirements
respect of well-being connected with the workplace (for
instance PPE, work clothing, etc.) lie with clients who are in
practice best informed about the protective measures being
applied in their enterprises; at the same time, this makes it
possible to ensure that all workers at the same workplace are
protected in the same way, irrespective of their status as
employees or temporary workers (see: Law on temporary work
of 24 July 1987).”43
Table 1- 25 Council Directive 94/33/EC (young people at work) - Observed discrepancies, more stringent and more detailed requirements
CPM Main provisions Observed discrepancies More detailed or broader requirements
Scope and
definitions
Art. 2(1) in
conjunction
with Art. 3
Art. 2(2)
The Directive applies to any person under 18
years of age (defined as a ‘young person’)
having an employment contract or an
employment relationship.
It provides for the optional exclusion of
occasional or short-term work in domestic
service in a private household or of work not
considered to be harmful, damaging or
dangerous to young people in a family
undertaking.
No observed discrepancies
have been identified with
regard to the scope and
definitions.
Does the transposing legislation cover occasional or short-
term work in domestic service in a private household or
work not considered to be harmful, damaging or
dangerous to young people in a family undertaking?
Y. The legislation also applies to short-term work in domestic
service or work not considered to be harmful, damaging
or dangerous in a family undertaking.
Conducting a
risk
assessment
Art. 6(2)
The employer shall implement the measures
necessary to protect the safety and health of
young people on the basis of an assessment
of the hazards to young people in connection
with their work.
No observed discrepancies
have been identified with
regard to the risk
assessment.
Does the transposing legislation provide for a risk
assessment to be conducted on a regular basis (i.e. every
year) independently of any major changed in working
conditions?
Y. The risk assessment shall take place before the young person
43 See National Implementation Report 2013, Part A, Section II, (EN) p. 9-10.
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The assessment must be made before young
people begin work and when there is any
major change in working conditions and must
pay particular attention to the following
points:
(a) the fitting-out and layout of the workplace
and the workstation;
(b) the nature, degree and duration of
exposure to physical, biological and chemical
agents;
(c) the form, range and use of work
equipment, in particular agents, machines,
apparatus and devices, and the way in which
they are handled;
(d) the arrangement of work processes and
operations and the way in which these are
combined (organization of work);
(e) the level of training and instruction given
to young people.
Where this assessment shows that there is a risk
to the safety, the physical or mental health or
development of young people, an
appropriate free assessment and monitoring
of their health shall be provided at regular
intervals without prejudice to Directive
89/391/EEC.
The free health assessment and monitoring
may form part of a national health system.
starts work. It shall be repeated or modified at least once a
year as well as with any important change of the work station.
Does the national legislation require employers to submit
risk assessment to national authorities whether on request or
automatically?
N.
Are the risks to be taken into account in the assessment
described in a more specific manner than in the Directive?
N.
Is the content of the risk assessment more detailed than
described in the Directive?
N.
Is a more specific methodology for risk assessment provided
in the legislation?
N.
Are the sources of information and persons in charge of the
risk assessment described in the legislation in a more
specific manner than in the Directive?
N.
Ensuring
preventive
and
protective
services
Art. 6(4)
The employer shall involve the protective and
preventive services referred to in Article 7 of
Directive 89/391/EEC in the planning,
implementation and monitoring of the safety
and health conditions applicable to young
people.
No observed discrepancies
have been identified with
regard to the preventive
and protective services.
Does the national legislation set any specific/detailed rules
on the way and extent of the involvement of protective
and preventive services in the planning, implementation
and monitoring of the safety and health conditions
applicable to young people?
Y. The ISPP shall provide advice to the employer about the
necessary measures needed to introduce and train the young
workers.
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CPM Main provisions Observed discrepancies More detailed or broader requirements
Information for
workers Art.
6(3)
The employer shall inform young people of
possible risks and of all measures adopted
concerning their safety and health.
Furthermore, he shall inform the legal
representatives of children of possible risks and
of all measures adopted concerning children's
safety and health.
No observed discrepancies
have been identified with
regard to the information of
workers.
Is the content or form of information to young workers/legal
representatives of children further specified?
N.
Training of
workers Art.6
(2)
The employer shall implement the measures
necessary to protect the safety and health of
young people on the basis of an assessment
of the hazards to young people in connection
with their work.
The assessment must be made before young
people begin work and when there is any
major change in working conditions and must
pay particular attention to the following
points:
(e) the level of training and instruction given
to young people. *
No observed discrepancies
have been identified with
regard to the training of
workers.
Does the transposing legislation provide for mandatory
training of young workers (according to the Directive, the
level of training given must be taken into account in
assessing any hazards although there is no explicit
requirement to provide any such training)?
Y. Prior to the start of their work, the employer shall take the
necessary measures to introduce and train the young workers
with a view to ensure their adaptation and integration in the
working environment and to ensure that they can adequately
perform their work.
Is more specific information on the scope of training
provided in the legislation in relation to young workers?
N.
Health
surveillance
Art. 6(2) and
9(3)
The employer shall implement the measures
necessary to protect the safety and health of
young people on the basis of an assessment
of the hazards to young people in connection
with their work.
The assessment must be made before young
people begin work and when there is any
major change in working conditions and must
pay particular attention to the following
points:
(a) the fitting-out and layout of the workplace
and the workstation;
(b) the nature, degree and duration of
exposure to physical, biological and chemical
agents;
No observed discrepancies
have been identified with
regard to the health
surveillance.
Besides night work and cases where an assessment of the
hazards to young people in connection with their work was
shown that there is a risk to the safety, the physical or
mental health or development of young people, does the
transposing legislation provide for a free health assessment
of young workers in other circumstances?
Y. To those young workers who have not reached the age of
18 years old at the start of their employment.
Are the arrangements for health surveillance records
specified in the legislation?
Y. The general requirements for the health record set out in the
Health Surveillance RD apply.
Are the conditions in which health surveillance is required
more specifically described in the legislation?
Y. The general requirements for health surveillance apply for
young people at work. However, the RD specifies that, for
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CPM Main provisions Observed discrepancies More detailed or broader requirements
(c) the form, range and use of work
equipment, in particular agents, machines,
apparatus and devices, and the way in which
they are handled;
(d) the arrangement of work processes and
operations and the way in which these are
combined (organization of work);
(e) the level of training and instruction given
to young people.
Where this assessment shows that there is a risk
to the safety, the physical or mental health or
development of young people, an
appropriate free assessment and monitoring
of their health shall be provided at regular
intervals without prejudice to Directive
89/391/EEC.
The free health assessment and monitoring
may form part of a national health system.
Prior to any assignment to night work and at
regular intervals thereafter, adolescents shall
be entitled to a free assessment of their health
and capacities, unless the work they do
during the period during which work is
prohibited is of an exceptional nature.
young people at work, a prior health check shall
systematically be carried out for workers under 18 years of
age or young workers in night employment or working with a
specific risk for their health and safety. Moreover, they will be
subject to periodic health checks. (Young workers RD)
Is the periodicity of health surveillance provided in national
law?
N. The periodic health checks are subject to the general
requirements of the framework legislation. (Young workers RD)
Consultation
of workers
N/A N/A N/A
Limit values N/A N/A N/A
Other issues
identified
The Young Workers RD sets out more detailed requirements,
for example, in relation to the determination the exceedance
of an exposure limit value. (Article 9 Young Workers RD)
The scope of the prohibition in Art. 7 is larger in the BE RD. The
prohibition also applies where it is not possibly to demonstrate
via analysis that the ELVs are met and prohibition of presence
of young people in certain areas of the workplace. (see art. 8
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CPM Main provisions Observed discrepancies More detailed or broader requirements
RD) * The level of training given must be taken into account in assessing any hazards although there is no explicit requirement to provide any such training.
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1.3.2 Options
This sub-section considers the options provided by the directives to the Member States to exercise
their legislative powers beyond what is strictly required by the Directives. In this case, Member States
can ultimately set more stringent measures than those required by the Directive. The analysis here
reviews whether these options have been used, contributing to the identification of more stringent
measures.
Belgium has made use of several of the options considered namely:
In relation to Directive 2000/54/EC on biological agents, Belgium’s list of activities which do not
involve a deliberate intention to work with or use a biological agent but may result in the workers'
being exposed to a biological agent is more descriptive than the one provided by the Directive but
overall follows the same categorization.
Belgium has also used the option opened by Directive 91/383/EEC on temporary workers to
prohibit workers with a fixed-duration contract of employment or workers with temporary
employment from being used for certain work which would be particularly dangerous for their
safety or health for work related to asbestos removal or fumigations.
Table 1- 26 Options
Directive Y/N Legal references and brief description
Directive 2000/54/EC on biological agents
- Annex I
Y Biological Agents RD, Annex 6.
Annex 6 of the Biological Agents RD sets
out an indicative list of activities and
workers where exposure to a biological
agent is likely. The list is divided in two
subsections according to the type of
vaccination that is recommended for the
listed activities. The list is more descriptive
than the one provided by the Directive
but overall follows the same
categorization (work in food production
plants; agriculture; activities where there is
contact with animals and/or products of
animal origin; healthcare; clinical,
veterinary and diagnostic laboratories). It
however does not list activities related to
refuse disposal plants; and sewage
purification installations.
Directive 91/383/EEC on temporary workers
- Art. 5(1)
Y Temporary workers RD, Art. 17.
Art. 17 prohibits the use of temporary
workers for work related to asbestos
removal or fumigations.
Directive 91/383/EEC on temporary workers
- Art. 5(3)
N - Not applicable in relation to asbestos
removal and fumigations
- N in relation to other types of work
Directive 91/383/EEC on temporary workers
- Art. 7(2) second indent
Y Temporary workers RD, Art.4.
Art. 4 of the Royal decree requires
occupational qualifications and specific
features of the job to be communicated
by the user undertaking to the temporary
employment business in a special
document (“fiche de poste de travail”).
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1.4 INTERACTIONS
This section aims at identifying synergies provided in the national legislation for the transposition of
CPMs across Directives.
The risk assessment is an integral part of the dynamic risk management system established by the
OSH RD. It aims at being comprehensive in its approach identifying risks and preventive measures
and shall be regularly updated. Overarching requirements for the risk assessment are included in the
OSH RD. However, some specific additional requirements are set out in the specific RDs, such as
specific risks or parameters to assess. Similarly, for information for workers, training and consultation
of workers, while general obligations can be found in the OSH RD, the individual Directive’s relevant
specific requirements are regulated by the respective specific RDs.
With regard to health surveillance, requirements are primary set by the Health Surveillance RD. It
contains specific requirements, for example, for exposure to chemical agents. Nevertheless, the
specific RDs sometimes contain exceptions to the requirements in the Health Surveillance RD.
With regard to preventive and protective services, it can be noted that the functioning of ISPP and
ESPP is set out in specific RDs, while the general obligations of these services are included in the
OSH RD.
The results of the analysis are presented in table 1-27 below.
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Table 1- 27 Directive 89/391/EEC (Framework Directive) - Interactions between CPMs
Risk assessment Preventive and
protective
services
Information for
workers
Training of workers Health
surveillance
Consultation of
workers
Directive 89/391/EEC
(Framework Directive)
Art. 5-8 OSH RD Art. 33-41 OSH Law
Art. 10-12 OSH RD
ISPP RD (on
functioning of
ISPP)
ESPP RD (on
functioning of
ESPP)
Art. 5(1)(j) OSH
Law
Art. 17 OSH RD
Art. 5(1)(k) OSH
Law
Art. 17 and 21 OSH
RD
Health
Surveillance RD
Art. 44 OSH Law
(High Council –
policy level)
Art. 48-76 OSH Law
(OSH Committee)
OSH Committee
RD (on functioning
of OSH
Committee)
Council Directive 89/654/EEC
(workplace)
/ / Art. 4 Workplace
RD
/ / Art. 4 Workplace
RD
Directive 2009/104/EC (work
equipment)
Art. 3 WE RD (for
the choice of work
equipment)
Art. 7 WE RD
(participation in
development of
instructions)
Art. 8
(participation in
drafting order
note)
Art. 7 WE RD Art. 6 WE RD
Art. 17 and 21 OSH
RD
/ /
Council Directive 89/656/EEC
(PPE)
Art. 4 PPE RD
(cross-reference
to OSH RD)
Art. 8-9 PPE RD
(additional
specific
requirements)
Art. 13 PPE RD
(participation in
drafting order
note)
Art. 24 PPE RD
(cross-reference
to OSH RD +
specific
requirements)
Art. 25 PPE RD / Art. 12 and Art.
14(4) PPE RD
Council Directive 92/58/EEC
(OSH signs)
/ / Art. 4 OSH Signs RD Art. 3 OSH Signs RD / Art. 6(2) OSH Signs
RD
Directive 1999/92/EC (ATEX)
Art. 4 ATEX RD
(cross-reference
to OSH RD and
Art. 7 ATEX RD / / / /
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Risk assessment Preventive and
protective
services
Information for
workers
Training of workers Health
surveillance
Consultation of
workers
detailed specific
requirements)
Council Directive 90/269/EEC
(manual handling of loads)
Art. 5-6 Manual
handling of loads
RD
/ Art. 8-9 Manual
handling of loads
RD
Art. 10 Manual
handling of loads
RD
/ /
Council Directive 90/270/EEC
(display screen equipment)
Art. 4(1) Display
Screen Equipment
RD
/ Art. 5(2) Display
Screen Equipment
RD
Art. 5(1) Display
Screen Equipment
RD
Art. 7 Display
Screen Equipment
RD
Art. 4(2) Display
Screen Equipment
RD
Directive 2002/44/EC (vibration)
Art. 7-12 Vibrations
RD
Art. 8-9 Vibrations
RD
Art. 17 Vibrations
RD
Art. 17 Vibrations
RD
Art. 19-25
Vibrations RD
Art. 18 Vibrations
RD (cross-
reference to OSH
Committee RD)
Directive 2003/10/EC (noise) Art. 8-14 Noise RD Art. 10 Noise RD Art. 22 Noise RD Art. 22 Noise RD Art. 24-28 Noise RD Art. 23 Noise RD
Directive 2004/40/EC
(electromagnetic fields)
N/A44 N/A N/A N/A N/A N/A
Directive 2006/25/EC (artificial
optical radiation)
Art. 7-11 AOR RD Art. 15 AOR RD Art. 16 AOR RD Art. 16 AOR RD Art. 18-23 AOR RD Art. 17 AOR RD
Directive 2004/37/EC
(carcinogens or mutagens)
Art. 4 Carcinogens
and mutagens RD
/ Art. 6 and 13
Carcinogens and
mutagens RD
Art. 6 and 13
Carcinogens and
mutagens RD
Art. 15
Carcinogens and
mutagens RD
Art. 14
Carcinogens and
mutagens RD
Council Directive 98/24/EC
(chemical agents at work)
Art. 8-12 Chemical
Agents RD
Art. 20 and 28
Chemical Agents
RD
Art. 29-30
Chemical Agents
RD
Art. 29(3)
Chemical Agents
RD
Art. 39-45
Chemical Agents
RD
Art. 23, 32, 50 and
53 Chemical
Agents RD
Directive 2009/148/EC (asbestos)
Art. 16-17 Asbestos
RD
Art. 13, 26, 29, 39
and 55 Asbestos
RD
Art. 37 Asbestos
RD
Art. 38 Asbestos
RD
Art. 33-36 Asbestos
RD
Art. 13, 17 and 26
Asbestos RD
44 N/A refers to “not applicable because the Directive has not been transposed in national legislation”. The acronym of N/A will be used consistently throughout the remainder of the tables.
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Risk assessment Preventive and
protective
services
Information for
workers
Training of workers Health
surveillance
Consultation of
workers
Directive 2000/54/EC (biological
agents)
Art. 4-10 Biological
Agents RD
Art. 6, 13, 34 Art. 29-31 and 32-
33 Biological
Agents RD
Art. 29 Biological
Agents RD
Art. 35-43
Biological Agents
RD
Art. 9 Biological
Agents RD
Council Directive 92/57/EEC
(temporary or mobile
construction sites)
/ / Art. 22 OSH Law
Art. 4 sexies and
Art. 4 quinquies,
decies Temporary
Construction Sites
RD
/ / Art. 22 OSH Law
Art. 4 quinquies,
decies and Art. 40
Temporary
Construction Sites
RD
Council Directive 92/104/EEC
(surface and underground
mineral-extracting industries)
Art. 3(2) Mineral
Extraction RD
/ Art. 7 and Annex I,
1.5 and 1.6
Mineral Extraction
RD
Annex I, 1.5
Mineral Extraction
RD
/ Art. 8 Mineral
Extraction RD
Council Directive 92/91/EEC
(mineral-extracting industries
through drilling)
Art. 3(2) Drilling RD / Art. 7 and Annex I,
2.5 and 2.6 Drilling
RD
Annex I, 2.5 Drilling
RD
/ Art. 8 Drilling RD
Council Directive 92/29/EEC
(medical treatment on board
vessels)
/ / / / / /
Council Directive 93/103/EC
(work on board fishing vessels)
/ / Annex III, point 4
and 6 Fishing
Vessels RD
Annex III, point 4
Fishing Vessels RD
/ /
Council Directive 92/85/EEC
(pregnant/breastfeeding
workers)
Art. 4-5 Maternity
RD
/ Art. 6 Maternity RD / Art. 9 Maternity RD
(cross-reference
to Health
Surveillance RD)
/
Council Directive 91/383/EEC
(temporary workers)
/ Art. 6(1) and 7
Temporary
Workers RD
Art. 12 Temporary
Workers RD
Art. 12(3)
Temporary
Workers RD
Art. 8-9 Temporary
Workers RD
Art. 4(3)
Temporary
Workers RD
Council Directive 94/33/EC
(young people at work)
Art. 3 Young
Workers RD
Art. 5 and 11
Young Workers RD
Art. 7 Young
Workers RD
Art. 7 Young
Workers RD
Art. 12 Young
Workers RD
Art. 11 Young
Workers RD
Milieu Ltd
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Country Summary Report for Belgium / 109
Risk assessment Preventive and
protective
services
Information for
workers
Training of workers Health
surveillance
Consultation of
workers
Conclusions on interactions
between Directives
The risk assessment
is an integral part
of the dynamic risk
management
system established
by the OSH RD. It
aims at being
comprehensive in
its approach
identifying risks
and preventive
measures and
shall be regularly
updated.
Overarching
requirements for
the risk assessment
are included in
the OSH RD.
However, some
specific additional
requirements are
set out in the
specific RDs, such
as specific risks or
parameters to
assess.
The functioning of
ISPP and ESPP is
set out in specific
RDs. The general
obligations of
these services are
included in the
OSH RD. Special
requirements,
such as instances
when they shall be
asked for advice
by the employer ,
are included in
the specific RDs
for a particular
topic.
The OSH RD
contains a very
general
information
requirement. The
individual
Directives´ specific
information
requirements are
set out in each of
the RDs.
The OSH RD
contains a
general training
requirement. The
individual
Directives´ specific
training
requirements are
set out in each of
the RDs.
The Health
Surveillance RD is
a specific RD
which deals
exclusively with all
the requirements
relating to health
surveillance. It
contains specific
requirements, for
example, for
exposure to
chemical agents.
Nevertheless, the
specific RDs
sometimes
contain
exceptions to the
requirements in
the Health
Surveillance RD.
For example, in
relation to the
duration for
keeping health
records.
The OSH RD and
the OSH
Committee RD
deal with the
consultation of
workers in an
overarching
manner. They
require the
involvement of
the OSH
Committee in
important
decisions relating
to the health and
safety of workers
and regulate the
functioning of the
Committee.
However, specific
requirements
about the
involvement of
the OSH
Committee have
been reflected in
the specific RDs.
Milieu Ltd. Country Summary Report for Belgium / 110
2 MAPPING QUESTION 2: GAPS IN CONTENT OR TIME
This section aims at determining whether the Member State has applied or used derogations and
transitional periods when provided for by the Directives. Provisions setting options are covered under
MQ1, in section 1.3.
2.1 TRANSITIONAL PERIODS
Transitional periods: these are periods of time where a derogatory regime applies with extended
deadlines for the implementation of particular provisions of the Directives. It is noteworthy that most
of the transitional periods are not applicable anymore as the dates by which provisions in question had
to be implemented at latest have already passed. However, these periods should be taken into
consideration to explain delays in implementation of certain Directives.
Such transitional periods can be found in eight Directives as listed below. For all these Directives,
Belgium has set transitional periods with the exception of Directive 93/103/EC (work on board fishing
vessels), and Directive 2003/10/EC (noise).
Table 2- 1 Transitional Periods
Directive Transitional
periods applied
Transitional
period
respected
Date of end of
application of the
transitional period
Directive 90/270/EEC (display screen
equipment) Yes Yes
31 December 1996 (Art. 6 § 2 Display Screen Equipment RD)
Directive 92/91/EC (mineral-extracting
industries through drilling) Yes Yes 3 November 1999
Directive 92/104/EC (surface and
underground mineral extracting industries) Yes Yes 3 December 2003
Directive 93/103/EC (work on board fishing
vessels) No - -
Directive 1999/92/EC (ATEX) Yes Yes 31 December 1996
Directive 2002/44/EC (vibration) Yes Yes 6 July 2010 6 July 2014
Directive 2003/10/EC (noise) No - -
Directive 2009/104/EC (work equipment) Yes (for specific equipment)
Yes 5 December 2002
2.2 DEROGATIONS
Derogations are provisions, which explicitly permit Member States to derogate from certain
requirements contained in the Directive. All derogations are accompanied by conditions which need to
be fulfilled before and/or after derogation is permitted. The following table shows which derogations
have been used and whether or not the conditions attached are adequately reflected in the transposing
legislation.
Belgium transposing legislation reflects part of the derogations and, as a rule, the conditions attached
to them. The derogations which have not been used are the possibility to allow for contribution of
Milieu Ltd. Country Summary Report for Belgium / 111
workers towards the costs of some personal protective equipment (Directive 98/656/EEC on personal
protective equipment), the possibility to make certain entitlement to benefits conditional (Directive
92/85/EEC on breastfeeding workers), the derogation from the requirement to receive a prior
authorisation for the employment of children for the purposes of performance of children in cultural
and similar activities, derogations on working time limits, derogations from rest periods in respect of
adolescents for specific categories of work and derogations linked to force majeure (Directive
94/33/EC (young people). The derogation set in Directive 2004/40/EC (electromagnetic fields) is not
relevant as Belgium has not transposed it.
Milieu Ltd. Country Summary Report for Belgium / 112
Table 2- 2 Derogations
Directive Article Use of derogation Y/N Explanation Conditions reflected Y/N Explanation
Directive
89/656/EEC on
personal
protective
equipment
Art.4.6,
second
indent
Member States’
legislation may allow
for contribution of
workers towards the
costs of some
personal protective
equipment.
N Belgium has not made use
of this derogation.
The derogation applies in
circumstances where use
of the equipment is not
exclusive to the workplace
N Belgium has not made use of
this derogation.
Directive
92/57/EEC on
temporary or
mobile
construction sites
Art. 3.2 Derogation from the
obligation to draw up
a health and safety
plan
Y The Belgian legislation on
temporary or mobile
construction sites always
requires drawing up a
health and safety plan.
The content may vary
depending on the type of
activities, size of
construction sites or
number of employed
workers. These distinctions
in content follow the ones
laid down in the Directive
for which no derogation is
allowed.
The derogation does not
cover work involving
particular risks as listed in
Annex II.
Y The Belgian legislation (article 26
(1) of the TWS Order) requires a
health and safety plan to be
always drafted for activities
listed in Annex II of the Directive.
Idem The derogation does not
cover work for which prior
notice is required pursuant
to paragraph 3 of this
Article.
Y The Belgian legislation (article 26
(2) of the TWS Order) requires a
health and safety plan to be
always drafted for activities
described in article 3 (3) of the
directive.
Directive
92/58/EEC on
safety and/or
health signs at
work
Art. 6.2. Derogation from the
application of Annex
VIII, section 2
Y Art. 6(2) of the OSH RD
prescribe that the Minister
in charge of Employment
may issue derogations to
employers and categories
of employers.
The derogation is issued
with due consideration
Alternative measures
guaranteeing that the
same level of protection is
laid down.
Y Under art. 6(2) of the OSH RD
the request for derogation must
be accompanied with
alternative measures.
Alternative measures must result
in guaranteeing the same level
of protection.
Milieu Ltd. Country Summary Report for Belgium / 113
Directive Article Use of derogation Y/N Explanation Conditions reflected Y/N Explanation
given to
recommendations from
the Occupational Safety
Administration or from the
Occupational Hygiene
and Medicine
Administration.
Derogation from the
application of Annex
IX, section 3
Y Idem Alternative measures
guaranteeing the same
level of protection laid
down
Y Idem
Directive
92/85/EEC on
breastfeeding
workers
Art.11.4 Member States may
make entitlement to
benefits conditional
N Belgium has not made use
of this derogation.
The worker concerned
shall fulfil the conditions of
eligibility for such benefits
laid down under national
legislation.
N Belgium has not made use of
this derogation.
These conditions may
under no circumstances
provide for periods of
previous employment in
excess of 12 months
immediately prior to the
presumed date of
confinement.
N Belgium has not made use of
this derogation.
Directive
94/33/EC on the
protection of
young people at
work
Art.5.3 Derogation from the
requirement to
receive a prior
authorisation for the
employment of
children for the
purposes of
performance of
children in cultural
and similar activities
N Belgium has not made use
of this derogation.
In the case of children of
at least 13 years of age,
Member States may
authorize, by legislative or
regulatory provision, in
accordance with
conditions which they shall
determine, the
employment of children
for the purposes of
performance in cultural,
artistic, sports or
advertising activities.
N Belgium has not made use of
this derogation.
Art. 7.3. Derogation from the Y Art. 11 of the Young Derogations indispensable Y Art. 11 of the Young workers RD
Milieu Ltd. Country Summary Report for Belgium / 114
Directive Article Use of derogation Y/N Explanation Conditions reflected Y/N Explanation
prohibition of
employment of
young people for
works listed in Article
7.2 in the case of
adolescents
workers RD lays down
derogation from the
prohibition of employment
of young people listed in
Art. 8 of the Young workers
RD.
for their vocational
training
lays down derogation from the
prohibition of employment of
young people listed in Art. 8 of
the Young workers RD.
Protection of their safety
and health is ensured by
the fact that the work is
performed under the
supervision of a
competent person within
the meaning of Article 7 of
Directive 89/391/EEC
Y Art. 11 of the Young workers RD
lays down derogation from the
prohibition of employment of
young people listed in Art. 8 of
the Young workers RD.
Protection afforded by
Framework Directive is
guaranteed
Y Art. 11 of the Young workers RD
lays down derogation from the
prohibition of employment of
young people listed in Art. 8 of
the Young workers RD.
Art. 8.5 Derogations from
limits on the working
hours of children
specified in Article
8.1.(a).
N Belgium has not made use
of this derogation.
Derogation is justified by
way of exception
N Belgium has not made use of
this derogation.
Or Derogation is used
because objective
grounds are provided
N Belgium has not made use of
this derogation.
Member States shall, by
legislative or regulatory
provision, determine the
conditions, limits and
procedure for
implementing such
derogations.
N Belgium has not made use of
this derogation.
Art.9.2 Article 9 (2) a
Member States may,
by legislative or
regulatory provision,
authorize work by
adolescents in
specific areas of
activity during the
period in which night
Y Art. 34bis, 3rd indent, of the
Work Law specifies that
derogations to the
general prohibition of
night work for Young
workers may be
established through
sectorial specific RD.
Work by adolescents in
specific areas of activity
Y Sectoral instruments (audio-
visual, employees, hotel and
catering services, film business,
metallurgy, show business) are
adopted.
Supervision of the
adolescent by an adult
where such supervision is
necessary for the
N The instruments do not require
appropriate supervision to be
insured. To the most it is
requested (audio-visual,
Milieu Ltd. Country Summary Report for Belgium / 115
Directive Article Use of derogation Y/N Explanation Conditions reflected Y/N Explanation
work is prohibited as
referred to in
paragraph 1 (b).
adolescent's protection. employees, hotel and catering
services, from employers to
make sure that the young
worker has appropriate mean of
transportation at his disposal to
return from work.
Work shall continue to be
prohibited between
midnight and 4 a.m.
Y The sectoral instruments prohibit
work of young workers after
12pm.
Article 9 (2) b
second indent
Derogation from
prohibition of night
work for adolescents
for:
— work performed in
the shipping or
fisheries sectors;
— work performed in
the context of the
armed forces or the
police;
— work performed in
hospitals or similar
establishments;
— cultural, artistic,
sports or advertising
activities.
Y Specific sectorial RD were
adopted in the audio-
visual, inland waterways
transport, employees,
hotel and catering
services, film industry,
merchant navy,
metallurgy, show business,
textile and transport
sectors.
Objective grounds for so
doing
N With regards to work in the
transport or fishing industry,
derogations to prohibition of
night work are allowed
depending on the year of study
and study specialization of the
young workers. It does not
come out of the legislation that
the conditions for derogations
regarding objective grounds
and suitable compensatory
hours are satisfied.
and provided that
adolescents are allowed
suitable compensatory
rest time
N See above
and that the objectives
set out in Article 1 are not
called into question:
N See above
Art.10.3 Derogation from the
minimum rest
periods for
interruption in the
case of activities
involving periods of
work that are split up
over the day or are
of short duration.
Y Art. 38ter (2) (2) of the
Labour law specifies that
derogations to rest periods
are possible in cases of
split work.
Art. 10.4 Derogations from N Belgium has not made use Objective grounds are N Belgium has not made use of
Milieu Ltd. Country Summary Report for Belgium / 116
Directive Article Use of derogation Y/N Explanation Conditions reflected Y/N Explanation
rest periods in
respect of
adolescents for
(a) work performed
in the shipping or
fisheries sectors;
(b) work performed
in the context of the
armed forces or the
police;
(c) work performed
in hospitals or similar
establishments;
(d) work performed
in agriculture;
(e) work performed
in the tourism
industry or in the
hotel, restaurant
and café sector;
(f) activities involving
periods of work split
up over the day.
of this derogation. provided and provided
that they are granted
appropriate
compensatory rest time
and that the objectives
set out in Article 1 are not
called into question
this derogation.
Art. 13 Member States may,
by legislative or
regulatory provision,
authorize derogations
from Article 8 (2),
Article 9 (1) (b),
Article 10 (1) (b) and,
in the case of
adolescents, Article
12, for work under
force majeure
N Belgium has not made use
of this derogation.
Work is of a temporary
nature and must be
performed immediately
N Belgium has not made use of
this derogation.
Adult workers are not
available
N Belgium has not made use of
this derogation.
Adolescents are allowed
equivalent compensatory
rest time within the
following three weeks.
N Belgium has not made use of
this derogation.
Directive
98/24/EC on
chemical agents
at work
Art. 9.2
and 9.3
Derogations from
prohibition of the use
of certain chemical
agents and activities
Y Art. 32 of the Chemicals
RD effectively transposes
the derogations and
conditions laid down in
Exposure of workers to
chemical agents must be
prevented, via single
closed systems, from
Y Art. 32 of the Chemicals RD
effectively transposes the
derogations and conditions laid
down in art. 9.2 and 9.3 of the
Milieu Ltd. Country Summary Report for Belgium / 117
Directive Article Use of derogation Y/N Explanation Conditions reflected Y/N Explanation
involving chemical
agents in the
following
circumstances:
- for the sole purpose
of scientific research
and testing, including
analysis,
- for activities
intended to eliminate
chemical agents that
are present in the
form of by-products
or waste products,
- for the production
of the chemical
agents referred to in
paragraph 1 for use
as intermediates, and
for such use.
art. 9.2 and 9.3 of the
Directive.
which the chemical
agents may be removed
only to the extent
necessary to monitor the
process or service the
system.
Directive.
Member States may
provide for systems of
individual authorisations.
Y See above
The competent authority
shall request the employer
to submit the information
listed in Article 9.3.
Y See above
Directive
2002/44/EC on
vibration
Art. 10.1 Derogation from the
obligation to comply
with exposure limit
values in the case of
sea and air transport,
Y Art. 27 and 30-33 of the
Vibrations RD effectively
transposes derogation
and conditions laid down
in Art. 10.1 of the Directive.
In duly justified
circumstances with
respect to whole-body
vibration where, given the
state of the art and the
specific characteristics of
workplaces, it is not
possible to comply with
the exposure limit value
despite the technical
and/or organisation
measures taken.
Y Art. 29 of the Vibrations RD
specifies the procedure and
competent authority for issuing
such derogation (Minister
competent on the topic of well-
being at work).
The derogation must be
accompanied by
conditions which
guarantee that the
resulting risks are reduced
to a minimum and that
Y Art. 31 of the Vibrations RD
outlines the conditions that must
be met regarding special
circumstances and
guaranteeing conditions on the
minimization of risks.
Milieu Ltd. Country Summary Report for Belgium / 118
Directive Article Use of derogation Y/N Explanation Conditions reflected Y/N Explanation
the workers concerned
are subject to increased
health surveillance, and
must be reviewed every
four years and withdrawn
as soon as the justifying
circumstances no longer
obtain. (Art.10.3)
Art. 32 of the Vibrations RD
prescribes that such
derogations are only valid for a
period of 4 years.
Art. 10.2 Derogation from the
obligation to comply
with exposure limit
values in a case
where the exposure
of a worker to
mechanical vibration
is usually below the
exposure action
values but varies
markedly from time
to time and may
occasionally exceed
the exposure limit
value
Y Art. 28 and 30-33 of the
Vibrations RD effectively
transposes derogation
and conditions laid down
in Art. 10.1 of the Directive.
The exposure value
averaged over 40 hours
must be less than the
exposure limit value and
Y Art. 28 of the Vibrations RD
literally reflects the conditions
laid down in Art. 10 (2) of the
Directive.
There must be evidence
to show that the risks from
the pattern of exposure to
the work are lower than
those from exposure at
the exposure limit value
Y Art. 29 of the Vibrations RD
specifies the procedure and
competent authority for issuing
such derogation (Minister
competent on the topic of well-
being at work).
The derogation must be
accompanied by
conditions which
guarantee that the
resulting risks are reduced
to a minimum and that
the workers concerned
are subject to increased
health surveillance, and
must be reviewed every
four years and withdrawn
as soon as the justifying
circumstances no longer
obtain. (Art.10.3)
Y Art. 31 of the Vibrations RD
outlines the conditions that must
be met regarding special
circumstances and
guaranteeing conditions on the
minimization of risks.
Art. 32 of the Vibrations RD
prescribes that such
derogations are only valid for a
period of 4 years.
Directive
2003/10/EC on
noise
Art.11.1
and
11.2
Derogations from the
provisions of Articles 6
(1)(a) and (b) and
7.in exceptional
situations where,
Y Art. 29 of the Noise RD
exactly reflects the
derogation and conditions
laid down in Art. 11.1 of
the Directive.
Guarantee, taking into
account the special
circumstances, that the
resulting risks are reduced
to a minimum and that
Y Art. 33 of the Noise RD
accurately reflects the
conditions laid down in Art. 11. 2
of the Directive regarding risk
minimization and increased
Milieu Ltd. Country Summary Report for Belgium / 119
Directive Article Use of derogation Y/N Explanation Conditions reflected Y/N Explanation
because of the
nature of the work,
the full and proper
use of individual
hearing protectors
would be likely to
cause greater risk to
health or safety than
not using such
protectors
the workers concerned
are subject to increased
health surveillance.
health surveillance.
Review every four years
and withdrawn as soon as
the justifying
circumstances no longer
obtain.
Y Art. 34 of the Noise RD
prescribes that derogations
issued by the Ministry in charge
with well-being (AD HUA) are
only valid for a period of 4 years.
Directive
2004/40/EC on
electromagnetic
fields
Art.4.6 The risk assessment
may include a
justification by the
employer that the
nature and extent of
the risks related to
electromagnetic
fields make a further
detailed risk
assessment
unnecessary.
N/A Directive 2004/40/EC has
not been transposed in
Belgium.
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3 MAPPING QUESTION 3: LEVEL OF COMPLIANCE BY DIFFERENT
STAKEHOLDERS
The question consists of two separate, but intertwined questions: the degree of compliance and
approaches to compliance.
3.1 DEGREE OF COMPLIANCE
The question aims to ascertain the extent to which establishments in Member States comply with the
key requirements of the 24 OSH Directives and to what extent differences exist between public/private
sector; different sizes of establishments: micro/SMEs/large enterprises and different sectors of
economic activity.
The results are summarized in tables 3.1 and 3.2. Table 3.1 outlines the range of compliance with the
common processes and mechanisms (CPMs) across all 24 OSH Directives.
Table 3.2 complements the previous table by addressing the level of compliance with the CPMs at the
level of individual Directives.
As regards key requirements which do not constitute CPMs, a detailed overview is provided in Table
3.3.
The following indicators are used for estimating the degree of compliance:
(5) very high degree of compliance: indicators above 80%
(4) high degree of compliance: indicators 60-79%
(3) medium degree of compliance: indicators 40-59%
(2) low degree of compliance: indicators 20-39%
(1) very low degree of compliance: indicators below 20%.
The percentages are intended as approximate guides, not exact values.
An initial assessment of compliance was made on the basis of the annual reports from labour
inspectors over the period 2007-2012. The national reports drafted by Belgian labour inspectors detail
the categories in which various type of inspections measures are taken. Concerning control related to
matters prescribed by individual-directives, the inspection reports categorize inspection conclusions
per activity (e.g. painting, building or road construction), per risk (e.g. chemical agents, elevated work,
electricity) or type of problems encountered (e.g. violence, sexual harassment). Information regarding
the type of obligations that is not respected by the undertaking or establishment is not specified in the
reports. The information provided in these reports was then reassessed on the basis of interviews.
The results show that the level of compliance with CPMs considering the OSH acquis as a whole is
generally low (between 20-40%) with the exception of making available health surveillance data
where the higher level of compliance (60-79%) is explained primarily by the fact that affiliation of
workers to an occupational physician is compulsory and systematic. The level of compliance appears
significantly lower in SMEs.
With regard to the ESENER data reported upon in the below table, it should be noted that ESENER
data are based on a relatively small sample size (interviews were carried out in only 28,649
establishments in 31 European countries) and composition (enterprises up to 10 employers were not
involved). Moreover, this information is based on managers’ responses and the ESENER average
Milieu Ltd. Country Summary Report for Belgium / 121
response rate is around a third as only some 20 per cent answered in five out of the EU's six largest
countries (Germany, Spain, Italy, Poland and the UK).45 The post-test of the ESENER survey noted
that “it is important to mention that companies participating in the survey are likely to be the
organisations with high standards or good procedures in place and therefore represent a self-selected
sample of ‘good examples’.”46
45 EU-OSHA, European Survey of Enterprises on New and Emerging Risks - Managing safety and health at work, 2010,
p.95 46 EU-OSHA, Qualitative post-test evaluation of ESENER: National overview report, 2013
Milieu Ltd. Country Summary Report for Belgium / 122
Table 3- 1 Degree of compliance: Common processes and mechanisms
Common
Processes and
mechanisms
(across
Directives)
Criteria/indicator
to guide the
assessment
Assessment of the
degree of
compliance
An explanation of how the assessment was made (including references
to data sources when available)
Differences between the different
types of sectors, size of
establishment (micro/ SMEs/large)
and sectors of economic activity
and rationale
Risk
assessment
% of
establishments
which perform
regular47 risk
assessment
% of
establishments
that carry out risk
management
activities resulting
from the risk
assessment
2
(between 20-39%)
-
Initial assessment of compliance was made on the basis of the annual
reports from labour inspectors over the period 2007-201248. The
assessment was based on the number of non-conformity reports in
comparison to the total number of inspections reports related to well-
being and dynamic risk assessment policy. Non-conformity reports
cover verbal warnings, written warnings, measures, element for
cessation of activities, element for infraction report and establishing
measures and settlements. This initial assessment led to establish the
compliance rate at 51% (level 3).
During interviews, stakeholders exposed the fact that the initial
assessment of compliance rates was not reflecting reality and globally
overestimating compliance for the following reasons.
First, the numbers provided by the annual reports from labour
inspectors only cover visited companies. Stakeholders acknowledged
that inspections tend to focus on large establishments which are
considered far more compliant than SMEs. Given that 90% of
companies operating in Belgium are SMEs, the initial assessment of
compliance cannot be considered to reflect compliance in Belgium.
Secondly, stakeholders agree that inspectors are bound to limit their
assessment of compliance to the fulfilling of tasks of administrative
character (i.e. presence of documents attesting that a risk analysis has
been conducted, that companies established or are affiliated to
appropriate prevention and protection services, etc.).
Correspondingly, the conduct of risk assessments can by no means
guarantee its quality, the adequateness of its content, its impact on
the establishment of a prevention policy within the company. Thirdly, it
Although no disaggregated data
exist in that respect, stakeholders
systematically reported that
compliance rates were
significantly lower for SMEs than
the ones expressed in the initial
assessment. It was stressed that the
utmost majority of SMEs are not
compliant with OSH legislation, if
they even are aware of it (level 1
of compliance).
By contrast, larger establishments
(50+ workers) are legally bound to
establish internal consultation
committees (see Table 1-2 on
Ensuring preventive and protective
services Art.7(1) and Table 3-2 -
Approaches to compliance).
These companies tend to have
very high compliance rates (level
5).
This information is supported by NIR
2013, which states the following:
“Successfully reaching SMEs is and
continues to be a weak point.
Implementation is good when
there are large in-house
47 Is the risk assessment reviewed regularly and in any event when any changes occur in the conditions which may affect workers exposure? 48 FPS ELS (AG TWW), Annual Reports 2007-2012.
Milieu Ltd. Country Summary Report for Belgium / 123
Common
Processes and
mechanisms
(across
Directives)
Criteria/indicator
to guide the
assessment
Assessment of the
degree of
compliance
An explanation of how the assessment was made (including references
to data sources when available)
Differences between the different
types of sectors, size of
establishment (micro/ SMEs/large)
and sectors of economic activity
and rationale
is widely admitted that companies are only visited once every 21.5
years. Hence it is impossible to assess on the basis of the annual reports
from labour inspectors if the risk assessment are reviewed regularly.
Stakeholders reported that generally level of compliance was below
30%.
Given the aforementioned elements, the compliance rate is overall
assessed between 20-39% (level 2).
preventive services; in SMEs,
however, risk assessment poses
problems and the number of visits
by external services to SMEs is
unsatisfactory.”49
According to
ESENER1 data:
83.94% of
workplaces are
regularly
checked for
health and safety
as part of RA
The ESENER1 survey suggests that most of the workplaces (83.94%) are
regularly checked for health and safety as part of a risk assessment or
similar measure.50
The ESENER survey51 shows the
following differences according to
enterprise size and sectors:
Company Size Yes No
10 to 19 employees 77.35
% 22.39 %
20 to 49 employees 88.75
% 10.87 %
50 to 249 employees 88.2
% 11.67 %
250 to 499 employees 94.86
% 5.14 %
500 or more employees 92.22
% 7.78 %
Sector Type Yes No
Production sector 86.36 % 13.64
%
Private Services 83.11 % 16.62
49 See National Implementation Report 2013, Part A, Section I, 3.2, (EN) p.8. 50 ESENER1, question MM161 51 ESENER1, question MM161
Milieu Ltd. Country Summary Report for Belgium / 124
Common
Processes and
mechanisms
(across
Directives)
Criteria/indicator
to guide the
assessment
Assessment of the
degree of
compliance
An explanation of how the assessment was made (including references
to data sources when available)
Differences between the different
types of sectors, size of
establishment (micro/ SMEs/large)
and sectors of economic activity
and rationale
%
Public Services 83.55 % 15.98
%
Ensuring
protective
and
preventive
services
% of
establishments
having ensured
protective and
preventive
services
2
(between 20-39%)
Initial assessment of compliance was made on the basis of the annual
reports from labour inspectors over the period 2007-201252. The
percentage is based on the number of non-conformity reports in
comparison to the total number of inspections reports related to
internal prevention and protection services as well as their
coordination with external prevention and protection services. Non-
conformity reports cover verbal warnings, written warnings, measures,
element for cessation of activities, element for infraction report and
establishing measures and settlements. The initial assessment led to
establish the compliance rate at 55% (level 3).
Stakeholders unanimously considered the initial assessment to
overestimate compliance, for reasons exposed in the previous row.
With regards to ensuring protective and preventive services, the
principle in Belgium is that all companies must establish an internal
service for prevention and protection with at least one prevention
adviser. This service may however be limited to the employer exercising
the function of prevention adviser where the limited size of the
company renders impossible to do otherwise. In Belgium the training of
the safety adviser differs according to the size and type of activities
carried out by the company. According to this system, a company
belongs to one out of the four groups (A, B, C or D). Following this
classification, the prevention adviser appointed in companies from
group C and D (about 93% of all companies in Belgium)53, must not
receive any specific training on prevention and protection of health
and safety at work. Beside the compulsory establishment of the
Although no disaggregated data
exist in that respect, stakeholders
systematically reported that
compliance rates were
significantly lower in companies
with no trained prevention adviser
(Group C and D companies –
about 93% of all companies)55 nor
consultation committee (less than
50 workers) than the ones
expressed in the initial assessment.
52 FPS ELS (AG TWW), Annual Reports 2007-2012. 53 Data retrieved on the basis of the interviews with stakeholders.
Milieu Ltd. Country Summary Report for Belgium / 125
Common
Processes and
mechanisms
(across
Directives)
Criteria/indicator
to guide the
assessment
Assessment of the
degree of
compliance
An explanation of how the assessment was made (including references
to data sources when available)
Differences between the different
types of sectors, size of
establishment (micro/ SMEs/large)
and sectors of economic activity
and rationale
internal service, all companies must be affiliated to an external
prevention and protection service for all the risks that they cannot
cover internally, yet only half of companies are affiliated to external
services54. Stakeholders repeatedly stressed that systematic and
mandatory affiliation of a company with external services and
appointment of an internal service was not going hand in hand with
high compliance rate. First, the quality of internal and external services
varies greatly from one company or one external service to another.
Secondly, external services are working on the basis of legal tariffs that
are considered too expensive for SMEs to use their services. Thirdly,
external services focus on larger companies to the detriment of SMEs.
Accordingly, the compliance rate with this CPM is overall assessed
between 20-39% (level 2).
According to
ESENER1: 42.01% –
94.43%
ESENER1 2009 asks about different forms of service56. Occupational
Health Physician, 94.43%; Safety specialist, 75.51%; Psychologist 42.01%;
Ergonomist, 43.62%; Health & Safety Consultant, 65.04%.
Data based on company size
showed a general trend for
greater usage in larger
companies. For sectors there was
a general pattern of less use of
each speciality within private
services, while the use of these
specialties in the public services
and the production sector was
more or less equal.
Information
for workers
% of
establishments
which provide
information to
workers
2
(between 20-39%)
Initial assessment of compliance was made on the basis of the annual
reports from labour inspectors over the period 2007-201257. The
percentage is based on the number of non-conformity reports in
comparison to the total number of inspections reports related to
information and training of workers. Non-conformity reports cover
See row on “Ensuring protective
and preventive services”.
55 Data retrieved on the basis of the interviews with stakeholders. 54 Data retrieved on the basis of the interviews with stakeholders. 56 https://osha.europa.eu/sub/esener/en/front-page/106/005 (MM150). 57 FPS ELS (AG TWW), Annual Reports 2007-2012.
Milieu Ltd. Country Summary Report for Belgium / 126
Common
Processes and
mechanisms
(across
Directives)
Criteria/indicator
to guide the
assessment
Assessment of the
degree of
compliance
An explanation of how the assessment was made (including references
to data sources when available)
Differences between the different
types of sectors, size of
establishment (micro/ SMEs/large)
and sectors of economic activity
and rationale
verbal warnings, written warnings, measures, element for cessation of
activities, element for infraction report and establishing measures and
settlements. The initial assessment led to establish the compliance rate
at 66% (level 3).
Information of workers was reported by stakeholders to go hand in
hand with effective internal service for prevention and protection of
health and safety at work. Accordingly, we refer to the reasoning
mentioned in that respect to assess the compliance rate on this CPM
between 20-39% (level 2).
Training of
workers
% of
establishments
which provide
training to workers
2
(between 20-39%)
Idem. Idem.
Making
available
health
surveillance
% of
establishments
which provide
health
surveillance to
workers
4
(between 60-79%)
Initial assessment of compliance was made on the basis of the annual
reports from labour inspectors of 2007 - 201258. The percentage is
based on the number of non-conformity reports in comparison to the
total number of inspections reports related to health surveillance,
maternity protection and first aids. Non-conformity reports cover verbal
warnings, written warnings, measures, element for cessation of
activities, element for infraction report and establishing measures and
settlements. The initial assessment led to establish the compliance rate
at 53% (level 3).
According to stakeholders, compliance rates in this respect should be
higher given the compulsory and systematic affiliation of workers to an
occupational physician. According to stakeholders, about 50 and 70%
of workers are followed by an occupational doctor.
Consequently the compliance rate on this CPM is assessed to be
between 60-79% (level 4).
See row hereunder.
58 FPS ELS (AG TWW), Annual Reports 2007-2012.
Milieu Ltd. Country Summary Report for Belgium / 127
Common
Processes and
mechanisms
(across
Directives)
Criteria/indicator
to guide the
assessment
Assessment of the
degree of
compliance
An explanation of how the assessment was made (including references
to data sources when available)
Differences between the different
types of sectors, size of
establishment (micro/ SMEs/large)
and sectors of economic activity
and rationale
According to
ESENER1 data:
health of workers
is monitored in
88.17% of the
workplaces
The ESENER1 survey suggests that the health of workers is monitored in
most of the workplaces (88.17%).59 The ESENER survey60 shows the
following differences according to
enterprise size and sectors:
Company Size Yes No
0 to 19 employees 85.02
% 14.98 %
20 to 49 employees 88.91
% 11.09 %
50 to 249 employees 92.27
% 5.68 %
250 to 499 employees 97.93
% 2.07 %
500 or more
employees 93.9% 2.72 %
Sector Type Yes No
Production sector 95.38 % 4.49%
Private Services 87.39 % 12.51
%
Public Services 83.92 % 14.81
%
Consultation
of workers
% of
establishments
with appointed
worker rep
% of
establishments
2
(between 20-39%)
Initial assessment of compliance was made on the basis of the annual
reports from labour inspectors of 2007 - 201261. The percentage is
based on the number of non-conformity reports in comparison to the
total number of inspections reports related to consulting structures
(prevention and protection comities, workers representatives). Non-
conformity reports cover verbal warnings, written warnings, measures,
Given the reliance for consultation
of workers on internal or external
prevention services, there are
significant differences between
companies of different sizes.
Companies that established an
59 ESENER1, question MM154 60 ESENER1, question MM154 61 FPS ELS (AG TWW), Annual Reports 2007-2012.
Milieu Ltd. Country Summary Report for Belgium / 128
Common
Processes and
mechanisms
(across
Directives)
Criteria/indicator
to guide the
assessment
Assessment of the
degree of
compliance
An explanation of how the assessment was made (including references
to data sources when available)
Differences between the different
types of sectors, size of
establishment (micro/ SMEs/large)
and sectors of economic activity
and rationale
which consult
workers on risk
assessment
% of
establishments
which consult
workers on
measures
element for cessation of activities, element for infraction report and
establishing measures and settlements. The initial assessment led to
establish the compliance rate at 72% (level 4).
Stakeholders unanimously considered the initial assessment to
overestimate compliance, for reasons exposed in the row on risk
assessment. Exception made of large companies, which are the ones
visited by inspections and on which the initial assessment was based,
consultation of workers is mostly the task of the external prevention
services. External services however do not take the time, nor have the
budget to enter into consultation of the workers.
Consequently the compliance rate on this CPM is assessed to be
between 20-39% (level 2).
internal consultation committee
(i.e. 7.000 companies in Belgium)
have high consultation rates. For
the detailed analysis on other
companies, see the rows on “Risk
analysis” and “Ensuring protective
and preventive services”.
According to
ESENER1 data:
42.01% -94.43%62
have some form
of
representation/co
nsultation
ESENER1 2009 asked separately about different forms of consultation.63
Companies were least likely to have a health and safety committee
and most likely to have a health and safety representative. The
categories are not mutually exclusive.
- Trade union representative – 42.95% (production sector: 39.28%;
private services: 34.57%; public services: 60.84%)
- Health and safety representative: 58.03% (production sector: 56.51%;
private services: 56.79%; public services: 61.44%)
- Health and safety committee: 48.03% (production sector: 46%; private
services: 41.38%; public services: 61.51%)
The data showed an increasing
trend for all questions with
company size. Overall, the public
sector was more likely to have
each of the forms of
consultation/representation.
62 Values as reported by ESENER1 MM 351-355-358. 63 https://osha.europa.eu/sub/esener/en/front-page/219/005?group_by=sec3
Milieu Ltd. Country Summary Report for Belgium / 129
Table 3- 2 Degree of compliance: Common processes and mechanisms (individual Directives)
Results from interviews with stakeholders
Disaggregated data on specific CPM per individual Directives are not available. Stakeholders moreover stressed that, with regards to global obligations such
as consultation of workers, ensuring preventive and protective services, and making health surveillance available, companies are either compliant for all
directives applicable to their sector or not. For these obligations, it is important to bear in mind the compliance rates established for the Framework Directives
as expressed in Table 3-1. Concerning other CPMs, stakeholders could not assess compliance per individual Directives. Accordingly, their compliance rates
are established per Directive rather than per CPM.
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
Risk assessment % of establishments
which perform regular64
risk assessment
% of establishments that
carry out risk
management activities
resulting from the risk
assessment
Council Directive
89/656/EEC (PPE)
3
(40-59%)
The initial assessment was
made on the basis of the
2012 annual report from
labour inspectors65. The
initial percentage is based
on the number of non-
conformity reports in
comparison to the total
number of inspections
reports related to specific
requirements of individual
Directives66. The initial
assessment led to establish
See Table 3-1 on relevant CPM.
64 Is the risk assessment reviewed regularly and in any event when any changes occur in the conditions which may affect workers exposure? 65 FPS ELS (AG TWW), Annual Reports 2007-2012. 66 FPS ELS (AG TWW), Annual Reports 2007-2012.
Milieu Ltd. Country Summary Report for Belgium / 130
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
the compliance rate at 77%
(level 4).
Stakeholders however
stressed the unrealistically
high character of this initial
compliance rate, for the
reasons stated in Table 3-1
on “risk assessment”.
The compliance rate is
hence assessed to be
between 40-59% (level 3).
Council Directive
92/58/EEC (OSH signs)
4
(72 %)
The initial assessment was
made on the basis of the
2012 annual report from
labour inspectors67. The
initial percentage is based
on the number of non-
conformity reports in
comparison to the total
number of inspections
reports related to specific
requirements of individual
Directives68. The initial
assessment led to establish
the compliance rate at 72%
(level 4), which was
confirmed by stakeholders.
See Table 3-1 on relevant CPM.
67 FPS ELS (AG TWW), Annual Reports 2007-2012. 68 FPS ELS (AG TWW), Annual Reports 2007-2012.
Milieu Ltd. Country Summary Report for Belgium / 131
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
Directive 1999/92/EC
(ATEX)
2
(20-39%)
The initial assessment was
made on the basis of the
2012 annual report from
labour inspectors69. The
initial percentage is based
on the number of non-
conformity reports in
comparison to the total
number of inspections
reports related to specific
requirements of individual
Directives70. The initial
assessment led to establish
the compliance rate at 44%
(level 3).
Stakeholders however
stressed the unrealistically
high character of this initial
compliance rate, for the
reasons stated in Table 3-1
on “risk assessment”.
The compliance rate is
hence assessed to be
between 20-39% (level 2).
See Table 3-1 on relevant CPM.
Council Directive
90/269/EEC (manual
handling of loads)
2
(20-39%)
Idem
The initial assessment led to
See Table 3-1 on relevant CPM.
69 FPS ELS (AG TWW), Annual Reports 2007-2012. 70 FPS ELS (AG TWW), Annual Reports 2007-2012.
Milieu Ltd. Country Summary Report for Belgium / 132
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
establish the compliance
rate at 86% (level 4).
Stakeholders however
stressed the unrealistically
high character of this initial
compliance rate, for the
reasons stated in Table 3-1
on “risk assessment”.
The compliance rate is
hence assessed to be
between 20-39% (level 2).
Directive 2002/44/EC
(vibration)
2
(20-39%)
Idem. Data relates to all
physical factors covering
both noise and vibrations.
The initial assessment led to
establish the compliance
rate at 68% (level 4).
Stakeholders however
stressed the unrealistically
high character of this initial
compliance rate, for the
reasons stated in Table 3-1
on “risk assessment”.
The compliance rate is
hence assessed to be
See Table 3-1 on relevant CPM.
SMEs face the same problems as
large enterprises in complying
with the Directive’s requirements,
i.e. they lack theoretical and
practical assistance with the risk
assessment process.72
72 Idem.
Milieu Ltd. Country Summary Report for Belgium / 133
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
between 20-39% (level 2).
According to NIR 2013,
“According to a limited
inspection survey in 2009 in
150 enterprises, only 12% of
those enterprises had
assessed the risks
connected with exposure to
mechanical vibrations and
there had been almost no
measurements of exposure
to mechanical vibrations.”71
Directive 2003/10/EC
(noise)
4
(68%)
Idem. See Table 3-1 on relevant CPM.
Directive 2004/37/EC
(carcinogens or
mutagens)
2
(20-39%)
Idem. Data relates to all
chemical, carcinogens,
mutagens and biological
agents.
The initial assessment led to
establish the compliance
rate at 47% (level 3).
Stakeholders however
stressed the unrealistically
high character of this initial
compliance rate, for the
reasons stated in Table 3-1
See Table 3-1 on relevant CPM.
71 National Implementation Report 2013, Part A, Section II, (EN) p. 63.
Milieu Ltd. Country Summary Report for Belgium / 134
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
on “risk assessment”.
The compliance rate is
hence assessed to be
between 20-39% (level 2).
Council Directive
98/24/EC (chemical
agents at work)
2
(20-39%)
Idem. Data relates to all
chemical, carcinogens,
mutagens and biological
agents.
See Table 3-1 on relevant CPM.
Directive 2009/148/EC
(asbestos)
3
(47%)
Idem. Data from annual
inspection reports relates to
all chemical, carcinogens,
mutagens and biological
agents.
The initial assessment led to
establish the compliance
rate at 47% (level 3), which
was confirmed by
stakeholders given the
general awareness that
surrounds the question of
the use and handling of
asbestos.
See Table 3-1 on relevant CPM.
Directive 2000/54/EC
(biological agents)
2
(20-39%)
Idem. Data relates to all
chemical, carcinogens,
mutagens and biological
agents.
The initial assessment led to
establish the compliance
rate at 47% (level 3).
See Table 3-1 on relevant CPM.
Milieu Ltd. Country Summary Report for Belgium / 135
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
Stakeholders however
stressed the unrealistically
high character of this initial
compliance rate, for the
reasons stated in Table 3-1
on “risk assessment”.
The compliance rate is
hence assessed to be
between 20-39% (level 2).
Council Directive
92/57/EEC (temporary or
mobile construction
sites)
2
(20-39%)
Initial assessment was made
on the basis of the 2012
annual report from labour
inspectors73. The
percentage is based on the
number of non-conformity
reports in comparison to the
total number of inspections
reports related to directive
specific requirements74.
The initial assessment led to
establish the compliance
rate at 66% (level 4),
Stakeholders however
stressed the unrealistically
high character of this initial
See Table 3-1 on relevant CPM.
73 FPS ELS (AG TWW), Annual Reports 2007-2012. 74 FPS ELS (AG TWW), Annual Reports 2007-2012.
Milieu Ltd. Country Summary Report for Belgium / 136
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
compliance rate, for the
reasons stated in Table 3-1
on “risk assessment”.
Stakeholders
acknowledged that the
construction sector is
especially characterized by
a high percentage of SMEs
and overuse of
subcontractors to which
OSH obligations are
delegated. As direct
consequence, the
compliance rates are
considered by stakeholders
to be below 25% in small
companies while extremely
high in large establishments.
Hence the compliance rate
is assessed to be comprised
between 20-39 % (level 2).
Council Directive
92/29/EEC (medical
treatment on board
vessels)
3
(49%)
Idem. Data relates to all
maritime and hyperbaric
work.
See Table 3-1 on relevant CPM.
Council Directive
93/103/EC (work on
board fishing vessels)
3
(49%)
Idem. Data relates to all
maritime and hyperbaric
work.
See Table 3-1 on relevant CPM.
Council Directive
91/383/EEC (temporary
workers)
2
(20-39%)
Idem. Data relates to young
workers, interns, trainees
and temporary work. The
initial assessment led to
See Table 3-1 on relevant CPM.
Milieu Ltd. Country Summary Report for Belgium / 137
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
establish the compliance
rate at 58% (level 3),
Stakeholders however
stressed the unrealistically
high character of this initial
compliance rate, for the
reasons stated in Table 3-1
on “risk assessment”.
Hence the compliance rate
is assessed to be comprised
between 20-39 % (level 2).
Council Directive
94/33/EC (young people
at work)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
92/85/EEC
(pregnant/breastfeeding
workers)
4
(68%)
Idem. Data relates to all
health surveillance,
maternity protection and
first aid requirements.
Stakeholders confirmed the
initial assessment of
compliance.
See Table 3-1 on relevant CPM.
Ensuring protective
and preventive
services75
% of establishments
having ensured
protective and
preventive services
Council Directive
89/656/EEC (PPE)
3
(40-59%)
See explanation on this
Directive in this table for the
CPM “risk assessment”.
See Table 3-1 on relevant CPM.
Council Directive 4 Idem See Table 3-1 on relevant CPM.
75 Stakeholders stressed that, with regards to global obligations such as consultation of workers, ensuring preventive and protective services, and making health surveillance available, companies
are either compliant for all directives applicable to their sector or not. For these obligations, it is important to bear in mind the compliance rates established for the Framework Directives as
expressed in Table 3-1.
Milieu Ltd. Country Summary Report for Belgium / 138
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
92/58/EEC (OSH signs)
(72 %)
Directive 1999/92/EC
(ATEX)
2
(20-39%)
Idem See Table 3-1 on relevant CPM.
Council Directive
90/269/EEC (manual
handling of loads)
2
(20-39%)
Idem See Table 3-1 on relevant CPM.
Directive 2002/44/EC
(vibration)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Directive 2003/10/EC
(noise)
4
(68%)
Idem. See Table 3-1 on relevant CPM.
Directive 2004/37/EC
(carcinogens or
mutagens)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
98/24/EC (chemical
agents at work)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Directive 2009/148/EC
(asbestos)
3
(47%)
Idem. See Table 3-1 on relevant CPM.
Directive 2000/54/EC
(biological agents)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
92/57/EEC (temporary or
mobile construction
sites)
2
(20-39%)
Idem See Table 3-1 on relevant CPM.
Council Directive
92/29/EEC (medical
3
Idem. See Table 3-1 on relevant CPM.
Milieu Ltd. Country Summary Report for Belgium / 139
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
treatment on board
vessels)
(49%)
Council Directive
93/103/EC (work on
board fishing vessels)
3
(49%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
91/383/EEC (temporary
workers)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
94/33/EC (young people
at work)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
92/85/EEC
(pregnant/breastfeeding
workers)
4
(68%)
Idem. See Table 3-1 on relevant CPM.
Information for
workers76
% of establishment
which provide
information to workers
Council Directive
89/656/EEC (PPE)
3
(40-59%)
Idem According to stakeholders,
workers in SMEs still often have to
purchase their PPE themselves,
given lack of knowledge and
implementation of OSH
legislation.
Council Directive
92/58/EEC (OSH signs)
4
(72 %)
Idem See Table 3-1 on relevant CPM.
Directive 1999/92/EC
(ATEX)
2
(20-39%)
Idem See Table 3-1 on relevant CPM.
Council Directive 2 Idem See Table 3-1 on relevant CPM.
76 Stakeholders stressed that, with regards to global obligations such as consultation of workers, ensuring preventive and protective services, and making health surveillance available, companies
are either compliant for all directives applicable to their sector or not. For these obligations, it is important to bear in mind the compliance rates established for the Framework Directives as
expressed in Table 3-1.
Milieu Ltd. Country Summary Report for Belgium / 140
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
90/269/EEC (manual
handling of loads)
(20-39%)
Directive 2002/44/EC
(vibration)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Directive 2003/10/EC
(noise)
4
(68%)
Idem. See Table 3-1 on relevant CPM.
Directive 2004/37/EC
(carcinogens or
mutagens)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
98/24/EC (chemical
agents at work)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Directive 2009/148/EC
(asbestos)
3
(47%)
Idem. See Table 3-1 on relevant CPM.
Directive 2000/54/EC
(biological agents)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
92/57/EEC (temporary or
mobile construction
sites)
2
(20-39%)
Idem See Table 3-1 on relevant CPM.
Council Directive
92/29/EEC (medical
treatment on board
vessels)
3
(49%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
93/103/EC (work on
board fishing vessels)
3
(49%)
Idem. See Table 3-1 on relevant CPM.
Council Directive 2 Idem. See Table 3-1 on relevant CPM.
Milieu Ltd. Country Summary Report for Belgium / 141
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
91/383/EEC (temporary
workers)
(20-39%)
Council Directive
94/33/EC (young people
at work)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
92/85/EEC
(pregnant/breastfeeding
workers)
4
(68%)
Idem. See Table 3-1 on relevant CPM.
Training of workers % of establishment
which provide training
to workers
Council Directive
89/656/EEC (PPE)
3
(40-59%)
Idem See Table 3-1 on relevant CPM.
Council Directive
92/58/EEC (OSH signs)
4
(72 %)
Idem See Table 3-1 on relevant CPM.
Directive 1999/92/EC
(ATEX)
2
(20-39%)
Idem See Table 3-1 on relevant CPM.
Council Directive
90/269/EEC (manual
handling of loads)
2
(20-39%)
Idem See Table 3-1 on relevant CPM.
Directive 2002/44/EC
(vibration)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Directive 2003/10/EC
(noise)
4
(68%)
Idem. See Table 3-1 on relevant CPM.
Directive 2004/37/EC
(carcinogens or
mutagens)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
98/24/EC (chemical
agents at work)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Milieu Ltd. Country Summary Report for Belgium / 142
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
Directive 2009/148/EC
(asbestos)
3
(47%)
Idem. See Table 3-1 on relevant CPM.
Directive 2000/54/EC
(biological agents)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
92/57/EEC (temporary or
mobile construction
sites)
2
(20-39%)
Idem
Council Directive
92/29/EEC (medical
treatment on board
vessels)
3
(49%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
93/103/EC (work on
board fishing vessels)
3
(49%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
91/383/EEC (temporary
workers)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
94/33/EC (young people
at work)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
92/85/EEC
(pregnant/breastfeeding
workers)
4
(68%)
Idem. See Table 3-1 on relevant CPM.
Milieu Ltd. Country Summary Report for Belgium / 143
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
Making available
health surveillance77
% of establishments
which provide health
surveillance to workers
Council Directive
89/656/EEC (PPE)
4
(between 60-
79%)
Idem
Given the obligation for all
companies to be affiliated
to external prevention and
protection services, the
compliance rate was
assessed globally for all
individual Directives on the
same basis as the
Framework Directive.
Hence compliance rate is
assessed to be between 60-
79% (level 4).
See Table 3-1 on relevant CPM.
Council Directive
92/58/EEC (OSH signs)
4
(between 60-
79%)
Idem See Table 3-1 on relevant CPM.
Directive 1999/92/EC
(ATEX)
4
(between 60-
79%)
Idem See Table 3-1 on relevant CPM.
Council Directive
90/269/EEC (manual
handling of loads)
4
(between 60-
79%)
Idem See Table 3-1 on relevant CPM.
Directive 2002/44/EC 3 According to NIR 2013, See Table 3-1 on relevant CPM.
77 Stakeholders stressed that, with regards to global obligations such as consultation of workers, ensuring preventive and protective services, and making health surveillance available, companies
are either compliant for all directives applicable to their sector or not. For these obligations, it is important to bear in mind the compliance rates established for the Framework Directives as
expressed in Table 3-1.
Milieu Ltd. Country Summary Report for Belgium / 144
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
(vibration) (50%) “Health surveillance is a
legal requirement, but a
limited inspection survey in
2009 in 150 enterprises
showed that it was being
correctly applied in
approximately half of those
enterprises.”78
Directive 2003/10/EC
(noise)
4
(between 60-
79%)
Given the obligation for all
companies to be affiliated
to external prevention and
protection services, the
compliance rate was
assessed globally for all
individual Directives on the
same basis as the
Framework Directive.
Hence compliance rate is
assessed to be between 60-
79% (level 4).
See Table 3-1 on relevant CPM.
Directive 2004/37/EC
(carcinogens or
mutagens)
4
(between 60-
79%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
98/24/EC (chemical
agents at work)
4
(between 60-
79%)
Idem. See Table 3-1 on relevant CPM.
Directive 2009/148/EC 4 Idem. See Table 3-1 on relevant CPM.
78 National Implementation Report 2013, Part A, Section II, (EN) p.62.
Milieu Ltd. Country Summary Report for Belgium / 145
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
(asbestos)
(between 60-
79%)
Directive 2000/54/EC
(biological agents)
4
(between 60-
79%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
92/57/EEC (temporary or
mobile construction
sites)
4
(between 60-
79%)
Idem See Table 3-1 on relevant CPM.
Council Directive
92/29/EEC (medical
treatment on board
vessels)
4
(between 60-
79%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
93/103/EC (work on
board fishing vessels)
4
(between 60-
79%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
91/383/EEC (temporary
workers)
4
(between 60-
79%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
94/33/EC (young people
at work)
4
(between 60-
79%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
92/85/EEC
(pregnant/breastfeeding
workers)
4
(between 60-
79%)
Idem. See Table 3-1 on relevant CPM.
Milieu Ltd. Country Summary Report for Belgium / 146
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
Consultation of
workers79
% of establishments with
appointed worker rep
% of establishments
which consult workers
on risk assessment
% of establishments
which consult workers
on measures
Council Directive
89/656/EEC (PPE)
3
(40-59%)
According to NIR 2013, “In
practice, the labour
inspectorate sees the
following breaches:
- Participation in choices
- In the case of the CPPT,
PPE is generally dealt with at
the meeting of the CPPT;
- when there is no CPPT:
there is in practice no
formal participation, but
rather the following: for PPE
such as safety footwear or
safety gloves, etc., there is
generally a ‘test phase’
during which workers can
assess the equipment and
give feedback before a
final decision is reached;
- Information on risks: limited
and superficial and not
dealing with the issue in full.
- Training: no training for PPE
that seems simple (safety
footwear, safety gloves,
See Table 3-1 on relevant CPM.
79 Stakeholders stressed that, with regards to global obligations such as consultation of workers, ensuring preventive and protective services, and making health surveillance available, companies
are either compliant for all directives applicable to their sector or not. For these obligations, it is important to bear in mind the compliance rates established for the Framework Directives as
expressed in Table 3-1.
Milieu Ltd. Country Summary Report for Belgium / 147
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
safety helmets, etc.); while
there may be some kind of
training for more complex
PPE (respiratory equipment,
etc.), it is limited in terms of
its content and visibility.”80
Council Directive
92/58/EEC (OSH signs)
4
(72 %)
Idem See Table 3-1 on relevant CPM.
Directive 1999/92/EC
(ATEX)
2
(20-39%)
Idem See Table 3-1 on relevant CPM.
Council Directive
90/269/EEC (manual
handling of loads)
2
(20-39%)
Idem See Table 3-1 on relevant CPM.
Directive 2002/44/EC
(vibration)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Directive 2003/10/EC
(noise)
4
(68%)
Idem. See Table 3-1 on relevant CPM.
Directive 2004/37/EC
(carcinogens or
mutagens)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
98/24/EC (chemical
agents at work)
2
(20-39%)
Idem., See Table 3-1 on relevant CPM.
Directive 2009/148/EC
(asbestos)
3
Idem. See Table 3-1 on relevant CPM.
80 National Implementation Report 2013, Part A, Section II, p. 21.
Milieu Ltd. Country Summary Report for Belgium / 148
Common Processes
and mechanisms
(individual Directives)
Criteria/indicator to
guide the assessment
Directive nr. Assessment of
the degree of
compliance
The rationale upon which
the assessment has been
made (including references
to data sources when
available)
Differences which exist between
the different types of sectors, size
of establishment
(micro/SMEs/large) and sectors
of economic activity and the
rationale
(47%)
Directive 2000/54/EC
(biological agents)
2
(20-39%)
Idem.
Council Directive
92/57/EEC (temporary or
mobile construction
sites)
2
(20-39%)
Idem See Table 3-1 on relevant CPM.
Council Directive
92/29/EEC (medical
treatment on board
vessels)
3
(49%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
93/103/EC (work on
board fishing vessels)
3
(49%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
91/383/EEC (temporary
workers)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
94/33/EC (young people
at work)
2
(20-39%)
Idem. See Table 3-1 on relevant CPM.
Council Directive
92/85/EEC
(pregnant/breastfeeding
workers)
4
(68%)
Idem. See Table 3-1 on relevant CPM.
Milieu Ltd. Country Summary Report for Belgium / 149
Table 3- 3 Degree of compliance: Key requirements
Directive Key
requirement
(Directive
specific)
Estimate of
degree of
compliance
An explanation of how the assessment was made
(including references to data sources when available)
Differences which exist between the
different types of sectors, size of
establishment (micro/SMEs/large) and
sectors of economic activity and the
rationale for those differences
Council Directive
2009/104/EC (work
equipment)
All81 No data
available
According to NIR 2013, “Failure to comply
with the regulations is not a typical
problem for SMEs. It would also be
unthinkable for workers’ protection to
depend on the size of the enterprise.
SMEs obviously have to be provided with
the resources to achieve the objectives
of the regulations. It is for that reason that
Belgian regulations have ensured that
SMEs can call upon external services for
prevention and protection at work which
possess expertise in health and safety at
work, ergonomics, occupational hygiene
and psychosocial aspects of work. Under
Belgian regulations, larger enterprises
must have a higher level of in-house
expertise. The financial resources that this
frees up should benefit smaller
enterprises. In practice, external services
are also improperly called in by large
enterprises as well and inspections
therefore reveal the following violations:
- external services for prevention and
protection at work have limited specific
knowledge of aspects relating to the
safety of work equipment, which means
that employers are given incomplete
81 Disaggregated data on specific KR per individual Directives were not available. Stakeholders could not assess compliance per KR per individual Directives. Accordingly, their compliance
rates are established per Directive for all KR.
Milieu Ltd. Country Summary Report for Belgium / 150
Directive Key
requirement
(Directive
specific)
Estimate of
degree of
compliance
An explanation of how the assessment was made
(including references to data sources when available)
Differences which exist between the
different types of sectors, size of
establishment (micro/SMEs/large) and
sectors of economic activity and the
rationale for those differences
information or have to call upon another
external organisation;
- problems with occupational physicians’
opinions: failure to draw them up or
delays in doing so;
- the ‘formal purchasing and
commissioning procedure’ is not
followed.
Another violation that occurs more
frequently in SMEs is:
- the fact that ‘old’ work equipment no
longer meets the minimum
requirements.”82
Council Directive
89/656/EEC (PPE)
All 3
(40-59%)
Given that disaggregated data on specific KR per
individual Directives was not available, stakeholders
could not assess compliance per KR per individual
Directives. Accordingly, the compliance rates are
established per Directive for all KR following the rationale
of table 3-1 and 3-2.
The differences that exist between
different sizes of establishments are similar
to the ones referred to in Table 3-1. For
further details, see Table 3-1.
Council Directive
92/58/EEC (OSH signs)
All 4
(72 %)
Idem Idem
Directive 1999/92/EC
(ATEX)
All 2
(20-39%)
Idem It is estimated that 90% of Seveso
enterprises are in order, that only 50% of
conventional enterprises in the sectors
are in order (natural gas pipeline
installations, in particular, are not zoned,
as the approved bodies did not in the
past zone natural gas pipeline
82 See National Implementation Report 2013, Part A, Section II, p.20.
Milieu Ltd. Country Summary Report for Belgium / 151
Directive Key
requirement
(Directive
specific)
Estimate of
degree of
compliance
An explanation of how the assessment was made
(including references to data sources when available)
Differences which exist between the
different types of sectors, size of
establishment (micro/SMEs/large) and
sectors of economic activity and the
rationale for those differences
installations of less than 4 bar of
overpressure) and that no radioactive
part of nuclear facilities is in order
(release of hydrogen which is directly
neutralised by hydrogen
recombinators).83
Council Directive
90/269/EEC (manual
handling of loads)
All 2
(20-39%)
Idem The differences that exist between
different sizes of establishments are similar
to the ones referred to in Table 3-1. For
further details, see Table 3-1.
Directive 2002/44/EC
(vibration)
All 2
(20-39%)
Idem. According to NIR 2013, “Many SMEs are
not applying the Directive or are applying
it only very minimally. The Directive is not
being applied, or is being applied in a
limited way, in many large enterprises as
well.”84
Directive 2003/10/EC
(noise)
All 4
(68%)
Idem. The differences that exist between
different sizes of establishments are similar
to the ones referred to in Table 3-1. For
further details, see Table 3-1.
Directive 2004/37/EC
(carcinogens or
mutagens)
All 2
(20-39%)
Idem. According to NIR 2013, “SMEs often lack
the expertise to take effective action
against risks. The hierarchy of preventive
measures is too abstract for them to be
able actually to implement them in their
own particular situation.
Another problem is that they do not have
the personnel or time to assimilate all the
information provided. More detailed
83 See National Implementation Report 2013, Part A, Section II, (EN) p.61. 84 See National Implementation Report 2013, Part A, Section II, (EN) p.63.
Milieu Ltd. Country Summary Report for Belgium / 152
Directive Key
requirement
(Directive
specific)
Estimate of
degree of
compliance
An explanation of how the assessment was made
(including references to data sources when available)
Differences which exist between the
different types of sectors, size of
establishment (micro/SMEs/large) and
sectors of economic activity and the
rationale for those differences
safety information sheets often lead to
further confusion rather than giving
information that can be put to practical
use (for instance they give information
which is too vague, such as ‘use of
appropriate respiratory protection,
gloves’, etc.).
Measurements of exposure take place
rarely or only once. This means that
employers are in most cases unable to
show that the preventive measures that
they are using are adequate.
Employers following a formal
measurement strategy (and in that way
respecting the requirements relating to
the quantitative and qualitative
assessment of risks) are at a competitive
disadvantage in comparison with
employers who do nothing and merely
wait for an inspection.”85
Council Directive
98/24/EC (chemical
agents at work)
All 2
(20-39%)
Idem. According to NIR 2013, “Employers and in
particular SMEs find it difficult to
understand how they can comply with
the legal framework, e.g. REACH, GHS
and the Directive on carcinogens and
mutagens”.
In addition, “SMEs often lack the expertise
to take effective action against risks. The
hierarchy of preventive measures is too
abstract for them to be able actually to
85 See National Implementation Report 2013, Part A, Section II, (EN) p.29.
Milieu Ltd. Country Summary Report for Belgium / 153
Directive Key
requirement
(Directive
specific)
Estimate of
degree of
compliance
An explanation of how the assessment was made
(including references to data sources when available)
Differences which exist between the
different types of sectors, size of
establishment (micro/SMEs/large) and
sectors of economic activity and the
rationale for those differences
implement them in their own particular
situation. Another problem is that they do
not have the personnel or time to
assimilate all the information provided.
More detailed safety information sheets
often lead to further confusion rather
than giving information that can be put
to practical use (for instance they give
information which is too vague, such as
‘use of appropriate respiratory
protection, gloves’, etc.). Measurements
of exposure take place rarely or only
once. This means that employers are in
most cases unable to show that the
preventive measures that they are using
are adequate. Employers following a
formal measurement strategy (and in that
way respecting the requirements relating
to the quantitative and qualitative
assessment of risks) are at a competitive
disadvantage in comparison with
employers who do nothing and merely
wait for an inspection.”.86
Directive 2009/148/EC
(asbestos)
All 3
(47%)
Idem. The difficulties that SMEs have in applying
the Directive are, conventionally, linked
to a lack of in-house skills. A lack of
awareness of the problem and a lack of
prior identification of materials which may
contain asbestos are still too common.
In the construction/demolition sector, the
86 See National Implementation Report 2013, Part A, Section II, (EN) p.58-60.
Milieu Ltd. Country Summary Report for Belgium / 154
Directive Key
requirement
(Directive
specific)
Estimate of
degree of
compliance
An explanation of how the assessment was made
(including references to data sources when available)
Differences which exist between the
different types of sectors, size of
establishment (micro/SMEs/large) and
sectors of economic activity and the
rationale for those differences
safety and health coordinators do not
pay adequate attention to the risks of
asbestos and are not, in most cases, able
themselves to identify the risk.87
Directive 2000/54/EC
(biological agents)
All 2
(20-39%)
Idem. SMEs encounter the same problems as
large enterprises in following the
requirements of the Directive, i.e. a lack
of theoretical and practical support for
the risk management process.88
Council Directive
92/57/EEC (temporary or
mobile construction
sites)
All 2
(20-39%)
Idem According to NIR 2013, “The fact remains
that in the large numbers of SMEs in the
construction industry, there are few, if
any, prevention specialists, in particular
prevention advisers; the administration
therefore gives priority to a sectoral
approach in order to make SMEs more
aware of risks and encourage them to
adopt proper risk prevention measures.
The general finding emerging from
inspections of mobile or temporary
construction sites by the Directorate-
General for Monitoring Well-being is that
SMEs working in this sector of activity
have few (financial, organisational,
material, etc.) resources. As a result:
- there may be a limited knowledge of
the regulations on well-being at work in
general and of the regulations on
construction sites in particular, especially
87 See National Implementation Report 2013, Part A, Section II, (EN) p.70. 88 See National Implementation Report 2013, Part A, Section II, (EN) p.30.
Milieu Ltd. Country Summary Report for Belgium / 155
Directive Key
requirement
(Directive
specific)
Estimate of
degree of
compliance
An explanation of how the assessment was made
(including references to data sources when available)
Differences which exist between the
different types of sectors, size of
establishment (micro/SMEs/large) and
sectors of economic activity and the
rationale for those differences
among SMEs employing fewer than 20
workers;
- if they exist, risk assessments by these
enterprises in relation to their own
activities are not or are no longer
appropriate and the safety instructions to
be applied by workers are not available.
SMEs also find it difficult to interpret and
implement the Royal Decree on sites
properly, in particular because:
- there is no project coordination or, if
there is, it is too late;
- the safety and health plan drawn up in
most cases by the execution coordinator
and not by the planning coordinator is in
most cases a standard document which
is vague and not tailored to the
construction site in question;
- the other key players on the site (client,
architect, project execution supervisor,
safety coordinator, etc.) do not perform
their respective duties properly, which
complicates the work of SMEs. By way of
example, many coordinators rely on
paper- based coordination which does
little to improve safety and health on
sites.
These problems can be seen at the
planning stage (especially when
contractors are sending in their bids) and
during the works execution stage.
Milieu Ltd. Country Summary Report for Belgium / 156
Directive Key
requirement
(Directive
specific)
Estimate of
degree of
compliance
An explanation of how the assessment was made
(including references to data sources when available)
Differences which exist between the
different types of sectors, size of
establishment (micro/SMEs/large) and
sectors of economic activity and the
rationale for those differences
Safety and health plans do not
adequately detail what is required of
SMEs in terms of prevention measures and
resources, including collective protection
measures, and do not clearly specify who
is responsible for putting these resources
in place. More detailed safety and health
plans would help SMEs to draw up proper
proposals, in full knowledge of the facts,
in their bids (Article 30 of the Royal
Decree on construction sites) and would
help to ensure that the rules on
competition are correctly applied by
enabling clients to compare contractors’
bids.
At the works execution stage, many SMEs
work as subcontractors to another
contractor or the project execution
supervisor, and the workers of these
subcontractors are very often placed in
dangerous situations when another
player in the subcontracting chain has
failed to take the necessary measures, or
when works are given to subcontractors
who do not have sufficient resources to
ensure the safety and health of workers
during these works.
- Another problem facing SMEs working
on construction sites is the range of
languages spoken by the various people
working on the site, which makes
Milieu Ltd. Country Summary Report for Belgium / 157
Directive Key
requirement
(Directive
specific)
Estimate of
degree of
compliance
An explanation of how the assessment was made
(including references to data sources when available)
Differences which exist between the
different types of sectors, size of
establishment (micro/SMEs/large) and
sectors of economic activity and the
rationale for those differences
communication and coordination more
difficult.”89
Council Directive
92/29/EEC (medical
treatment on board
vessels)
All 3
(49%)
Idem. The differences that exist between
different sizes of establishments are similar
to the ones referred to in Table 3-1. For
further details, see Table 3-1.
Council Directive
93/103/EC (work on
board fishing vessels)
All 3
(49%)
Idem. The fishing sector is finding it difficult to
recruit skilled personnel and many fishing
vessels are in financial difficulty. This may
mean that less attention is paid to safety
on board fishing vessels.90
Council Directive
91/383/EEC (temporary
workers)
All 2
(20-39%)
Idem. The differences that exist between
different sizes of establishments are similar
to the ones referred to in Table 3-1. For
further details, see Table 3-1.
Council Directive
94/33/EC (young people
at work)
All 2
(20-39%)
Idem. Idem
Council Directive
92/85/EEC
(pregnant/breastfeeding
workers)
All 4
(68%)
Idem. Compliance with the Directive is lower
among SMEs than among large
enterprises as they lack knowledge and
financial resources. Workplaces in SMEs
are nevertheless much more individual
than in large enterprises and can be
much more readily adapted to the
individual. SMEs find it difficult to comply
with the Directive’s requirements
because they lack knowledge of and
89 National Implementation Report 2013, Part A, Section II, (EN) p.49-50. 90 National Implementation Report 2013, Part A, Section II, (EN) p.54.
Milieu Ltd. Country Summary Report for Belgium / 158
Directive Key
requirement
(Directive
specific)
Estimate of
degree of
compliance
An explanation of how the assessment was made
(including references to data sources when available)
Differences which exist between the
different types of sectors, size of
establishment (micro/SMEs/large) and
sectors of economic activity and the
rationale for those differences
assistance with the risk assessment
process.91
91 National Implementation Report 2013, Part A, Section II, (EN) p.52.
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3.2 APPROACHES TO COMPLIANCE
The second question complements the first sub-question in that aims to answer the question of to what extent can potential differences in the degrees of
compliance observed as between private undertakings and public sector bodies, various sizes of companies, etc. be attributed to different approaches to
compliance.
In Belgium, the role of the prevention and protection services, both internal and external, is seen as primordial, along with the employer’s ability to understand
and abide by his OSH obligations, in order to ensure compliance with OSH requirements.
SMEs face particular challenges as they often rely on external prevention and protection services which are relatively heterogeneous in terms of quality.
Besides, the general approach to OSH whereby the framework legislation is objective-driven and not detailed enough to ensure a clear understanding what is
required from them in order to comply with their OSH obligations, hence relying significantly on external services. While the setting of a consultation
committee for the prevention and protection of work in companies employing is also seen as an additional positive factor in ensuring compliance with OSH
requirements, but is compulsory only for companies employing more than 50 workers.
In general while large companies have an integrated approach to compliance through dedicated service/person, other smaller companies mostly take a reactive
approach.
Table 3- 4 Approaches to compliance
Question Answer Observed differences which exist between the
different types of sectors, size of establishment
(micro/SMEs/large) and sectors of economic activity
What approach has been adopted?
Is it systematic?
All employers are legally obliged to have at least one internal
prevention and protection service. The composition of the
internal service varies depending on the size of the company
and type of activities undertaken. For further details on the
composition of internal services see column on “observed
differences”. For the missions that cannot be covered internally
(for reasons of lack of expertise, knowledge or resources),
Significant differences in approaches to compliance
exist between micro, SMEs and large establishments.
1. Composition of internal prevention services
To begin with, requirements on the composition of
internal prevention services affect the compliance of
Milieu Ltd. Country Summary Report for Belgium / 160
Question Answer Observed differences which exist between the
different types of sectors, size of establishment
(micro/SMEs/large) and sectors of economic activity
employers must use multidisciplinary external prevention and
protection services92.
External services support employers in complying with their OSH
obligations. They integrate a variety of OSH related activities
including psychosocial assistance, risk analysis and health
surveillance of workers. There are currently 13 external
prevention and protection services in Belgium93.
Stakeholders reported that the quality of both external
prevention services and occupational physicians was
heterogeneous. Accordingly, some suggested that a
certification scheme should be establish for EPPS and
occupational physicians. It was furthermore underlined that
financial and time constraints render impossible for external
services to provide to SMEs more than a fragmented approach
to health and safety at work rather than the holistic one
promoted by the legislation94.
It is in this perspective that amendment of the EPPS RD was
adopted in April 2014 (RD of 25 April 2014 modifying the EPPS
RD with regards to pricing) with a view to ensuring improved
protection of SMEs. For further details, see adjacent column.
the company. Under Belgian legislation on internal
prevention and protection services (ISPP RD), the
composition of the internal service depends on the
category of companies to which the company
belongs (Art. 3, 9, 10, 11 and 22 ISPP RD). There are
four categories of companies established by the ISPP
RD. Categorization of a company within one of the
four groups (A, B, C or D) depends on the number of
workers employed by the company (ordinary
criterion) and on the type of activity undertaken
(subsidiary criterion). Companies falling within Group
A are the ones that employ more than 1.000 workers.
Group B covers companies with between 200 and
1.000 workers. Group C is for companies employing
between 20 and 200 workers, whereas Group D
concerns companies with less than 20 workers. These
thresholds are subjected to modifications where
companies conduct hazardous activities. As a means
of illustration, companies active in the chemical
industry only need to employ: 50 workers to be
considered under Group A, between 20 and 49
workers to fall under Group B, and between 1 and 19
workers to be considered a Group C company. These
distinctions have an impact on the required
composition of the internal prevention service.
Group A and B companies need to have a trained
prevention adviser in their internal prevention service.
The level of training of the prevention adviser also
varies according to these categories. In group C, the
employer can have a trained prevention adviser, in
92 National Implementation Report, Part A, Section 1, 2.3. 93 National Implementation Report, Part A, Section 1, 2.3. 94 Inputs from interviews with stakeholders.
Milieu Ltd. Country Summary Report for Belgium / 161
Question Answer Observed differences which exist between the
different types of sectors, size of establishment
(micro/SMEs/large) and sectors of economic activity
which case the company has a greater expertise to
execute the risk assessment and to support the
employer and the workers in taking appropriate
prevention measures (=C+). So group C-companies
with a trained prevention advisor have less need to
call on an external service. Overall these companies
were reported by stakeholders to be significantly
more compliant with OSH legislation. The association
of services for prevention and protection estimated
that, in 2010, they constituted about 3% of companies
in Belgium. 8% of companies were Group C-, and 89%
of companies were Group D companies. In terms of
number of workers or employees, there were 23%
employees in A companies, 19% in B companies, 6% in
C+ companies, 22% in C- companies and 25% in D
companies, in 2010.
In this light, it is acknowledged that companies
belonging to the Groups C and D are immensely
dependent on the services of external prevention
services to comply with OSH legislation. According to
stakeholders (especially workers’ representatives), this
dependence is due to the goal-driven aspect of the
Belgian OSH legislation, which confronts SMEs with
difficulties in understanding what is required from
them in order to comply with their OSH obligations
(e.g. content of risk assessment) 95. This is reported by
stakeholders as a significant change from the previous
Belgian OSH legislation (RGPT) 96. Workers
’representatives highlighted that the previous OSH
legislation was highly detailed and followed a means-
95 Inputs from interviews with stakeholders. 96 Inputs from interviews with stakeholders.
Milieu Ltd. Country Summary Report for Belgium / 162
Question Answer Observed differences which exist between the
different types of sectors, size of establishment
(micro/SMEs/large) and sectors of economic activity
based approach that was easier for employers to
understand and implement97. With regards to the high
dependence of SMEs on external services, most
stakeholders concurred in reporting that the quality of
these external services was very heterogeneous, and
would benefit from a federal certification scheme.
Stakeholders furthermore underlined that financial
and time constraints render impossible for external
services to provide to SMEs more than a fragmented
approach to health and safety at work rather than
the holistic one promoted by the legislation.
2. Consultation committee
Additionally, Belgian legislation requires companies
employing more than 50 workers to establish a
consultation committee for the prevention and
protection of work (Article 53 OHS Law and CPP RD).
Companies that have established internal
consultation committee (7000 companies out of
205.000) are also more compliant overall. It is
noteworthy that companies with internal consultation
committee are mostly the same as the ones falling
within Groups A, B or C+. (See below on consultation
of workers)
3. Pricing and services provided by external
services
Recent amendment of the EPPS RD in April 2014 (RD of
25 April 2014 modifying the EPPS RD with regards to
pricing) modified the services provided by external
97 Inputs from interviews with stakeholders.
Milieu Ltd. Country Summary Report for Belgium / 163
Question Answer Observed differences which exist between the
different types of sectors, size of establishment
(micro/SMEs/large) and sectors of economic activity
services and their pricing with a view to support SMEs.
According to the new legislation, from 1 January 2016
a minimum fixed charge per worker will apply, based
on the main activity (determined by the NACE code)
and the size of the company. Previously pricing was
established according to the expected frequency of
visit by the EPPS.
For organisations employing more than five workers,
the standard rate will rise to 87 € / worker for
companies with relatively high risk and 52 € for
companies with less risks. For organisations employing
between 1 and 5 workers, the rate is set between 35 €
and 55 €.
For companies belonging to the categories C- and D,
the aforementioned rate will allow them to
beneficiate from psychosocial assistance,
occupational physician and prior health surveillance.
With regards to companies of Class A, B, C +, instead
of a fixed basic package, services will be provided
per “prevention units”. Every € 150 paid constitutes
one prevention unit, which amounts to one working
hour.
4. Public sector
With regards to the public sector, compliance does
not differ much from other sectors: compliance will
depend on the size of the establishment, on the
constitution of consultation committees and on the
training of the prevention adviser. The important
representation of 50+ workers in the public sector as
well as the regular use of indefinite contracts may
Milieu Ltd. Country Summary Report for Belgium / 164
Question Answer Observed differences which exist between the
different types of sectors, size of establishment
(micro/SMEs/large) and sectors of economic activity
lead to better knowledge of the workers on OSH
legislation. This situation however does not necessarily
imply greater compliance by the employer98.
What are the key characteristics of
the approach?
Compliance entirely relies on the ability of the employer,
assisted by multidisciplinary external or internal services, to
understand and abide by his OSH obligations. Where support to
the employer is lacking, compliance is low.
Idem.
Aside the aforementioned distinctions, the Belgian
OSH legislation does not distinguish between sectors
or size of companies with regards to the content of
their OSH requirements.
What are the criteria upon which
priorities for compliance measures
are set?
According to stakeholders (national authorities, employers’
representatives, workers’ representatives and others) large
companies have an integrated approach to compliance with
dedicated service/person in charge with ensuring
compliance99.
Other companies, including SMEs, mostly take a reactive
approach, acting under the impulse of accidents, inspection
campaigns and other enforcement actions.
Idem.
Are stakeholders (workers and their
representatives) involved in the
forming of the compliance approach
and its further development?
Workers’ participation is ensured by the procedures set out in
Chapter VIII of the Law on the well-being of workers in the
performance of their work and by the Royal Decree of 3 May
1999 on Committees for Prevention and Protection at Work. Belgian legislation requires companies employing more than 50
workers to establish a consultation committee for the
prevention and protection of work (CPP RD). The consultation
committee is either elected by the workers or based on the
union delegation present in the company. If neither of these
options is possible given the limited number of workers (less than
20 workers), the employer must enter consultation with workers
when designing and implementing the OSH policy of the
Idem.
98 Vandenbrande, Vandekerckhove, Vendramin, Valenduc, Huys, Van Hootegem, Hansez, Vanroelen, Puig-Barrachina, Bosmans & De Witte, Quality of work and employment in Belgium,
February 2013. 99 Inputs from interviews with stakeholders.
Milieu Ltd. Country Summary Report for Belgium / 165
Question Answer Observed differences which exist between the
different types of sectors, size of establishment
(micro/SMEs/large) and sectors of economic activity
company (Article 53 OHS Law and CPP RD).
Stakeholders agreed that companies that have established
internal consultation committee (7000 companies out of
205.000) are more compliant overall. It is noteworthy that
companies with internal consultation committee are mostly the
same as the ones falling within Groups A, B or C+100.
100 Inputs from interviews with stakeholders.
Milieu Ltd
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4 MAPPING QUESTION 4: ACCOMPANYING ACTIONS THAT SUPPORT THE
RESPECT OF THE RULE
The following types of accompanying documents/actions relating to OSH legislation are covered:
Guidance documents (through decisions and other soft measures, guidelines);
Awareness-raising campaigns;
Support tools (possibly IT based); and
Financial incentives i.e. tax benefits or possibility to offer reduction of insurance premium to
reward organisations for going beyond the legal requirements.
Education and training actions.
Please note that accompanying measures targeted specifically at SME and micro-enterprises are also
covered under Section 7.
The Belgium stakeholders, in particular the authorities, have issued a large number of accompanying
actions, mainly guidance documents, and to a lesser extent support tools. The directives for which
most actions have been taken are Directive 89/391/EC (Framework Directive), Directive 90/269/EC
(manual handling of loads), Directive 98/24/EC (chemical agents) and Directive 92/57/EEC (mobile
construction sites).
Practical tools, forms and check-lists that enable employers to comply with OSH obligations are
considered by stakeholders as the most useful accompanying actions. Examples include sectoral
templates for risk assessment such as OiRA and SOBANE, which are seen as allowing simplification
and gain of time. The SOBANE strategies are especially useful in guiding employers through the
drafting of a global risk analysis, and the subsequent incorporation of its conclusions in a holistic OSH
strategy.
Stakeholders however highlighted that only companies where there is a trained prevention adviser, are
aware and using the accompanying actions.
Stakeholders highlighted that further accompanying actions should be developed addressing risk
assessment in specific sectors. However, employers considered that the current tools were sufficient
while labour inspectors underlined that the most important factor was the employers’ involvement.
4.1 EXISTING ACCOMPANYING ACTIONS
This sub-section identifies the relevant accompanying documents/actions as described above. The
documents covered are those issued between 2007 and 2012.
The following documents have been identified on the basis of the desk study and of the National
Implementation Report for Belgium:
Directive 89/391/EEC (Framework Directive)
Belgian Safe Work Information Centre (BESWIC): online platform gathering and making
available all information related to OSH in Belgium. The platform contains links to
legislation, guidance documents, annual reports from the various departments dealing with
OSH in DG Employment, etc. www.beswic.be
DG Employment has published a series of best practices on its website. The website presents
Milieu Ltd
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about 50 cases of concrete companies or safety situations in Belgium which were tackled in a
manner that is considered a best practice by the DG.
http://www.werk.belgie.be/moduleTab.aspx?id=557&idM=241 and
http://www.werk.belgie.be/moduleTab.aspx?id=564&idM=241 (on psychosocial risks)
Alcohol en andere drugs: handleiding voor een preventiebeleid op het werk – Psychosociale
risico’s (Alcohol and drugs: guidance document for preventive policy at work – psychosocial
risks), 2012, guidance document prepared by DG Employment as an outcome of the study
mentioned above, http://www.werk.belgie.be/publicationDefault.aspx?id=38343
´Voel je goed op het werk´ (´Feel good at work´), Information campaign for the wider public
aimed at raising awareness about psychosocial stress at work and providing guidance towards
possible solutions for persons at risk, 2012, www.voeljegoedophetwerk.be
Praktische handleiding voor het Comité voor Preventie en Bescherming op het Werk
(Practical guidance for the Committee for Prevention and Protection at Work), 2012, guidance
document for members of such committees, trade union representatives, prevention advisers,
http://www.werk.belgie.be/publicationDefault.aspx?id=3656
Leeftijdsbewust personeelsbeleid aanpakken - Psychosociale risico's (Age-conscious
employment policy – psychosocial risks), 2012, Guidance document for an age-conscious
employment policy setting out aspects to consider and existing practices, published by DG
Employment, http://www.werk.belgie.be/publicationDefault.aspx?id=37978
Eerste hulp op het werk (First Aid at work), 2011, guidance document prepared by DG
Employment, http://www.werk.belgie.be/publicationDefault.aspx?id=34486
Psychosociale aspecten - Reeks SOBANE-strategie (Psychosocial aspects – Series SOBANE
Strategy), 2010, Guidance document presenting the SOBANE Strategy for the management of
employment-related risks aimed at employers with a view to help them implement risk
management strategies within their companies in relation to psychosocial aspects,
http://www.werk.belgie.be/publicationDefault.aspx?id=19238
De risicoanalyse (The risk assessment), 2009, Guidance document prepared by DG
Employment on the concept of risk assessments within the area of health and safety at work
and, in particular, for the formulation of prevention measures, using concrete examples,
http://www.werk.belgie.be/publicationDefault.aspx?id=3732
Wegwijs in de preventie van de psychosociale belasting op het werk : stress, geweld,
pesterijen en ongewenst seksueel gedrag (Guidance in the prevention of psychosocial stress at
work: stress, violence, bullying and unwanted sexual behaviour), 2009, published by DG
Employment, http://www.werk.belgie.be/publicationDefault.aspx?id=12614
Van meningsverschil tot hyperconflict. Gids voor wie beroepsmatig tussenkomt en
geconfronteerd wordt met conflicten en grensoverschrijdend gedrag op het werk (From
difference of opinion to hyper conflict. Guidance for who professionally intervenes and is
confronted with conflicts and unacceptable behaviour at work), 2009, published by DG
Employment, http://www.werk.belgie.be/publicationDefault.aspx?id=5112
Hulpmiddelen om meer inzicht te krijgen in het ouder worden op het werk (Tools for obtaining
better insight in ageing at work), 2009,
http://www.werk.belgie.be/publicationDefault.aspx?id=24144
Het welzijn van de werknemers bij de uitvoering van hun werk - Toelichting bij de wet van 4
augustus 1996 (Health and safety of employees in carrying out their work – Guidance for the
Law of 4 August 1996), 2008, providing detailed information on the Health and Safety Law,
published by DG Employment, http://www.werk.belgie.be/publicationDefault.aspx?id=4292
SOBANE-strategie en opsporingsmethode DEPARIS (SOBANE Strategy and detection
method DEPARIS), 2007, Guidance document presenting the SOBANE Strategy for the
management of employment-related risks aimed at employers with a view to help them
implement risk management strategies within their companies for greater health and safety,
http://www.werk.belgie.be/publicationDefault.aspx?id=4212
Vademecum voor de diagnose van relationeel leed op het werk (Guide for the diagnosis of
relational pain at work), 2007, http://www.werk.belgie.be/publicationDefault.aspx?id=12128
Milieu Ltd
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Welzijn op het werk, Vademecum (Health and Safety at work, Vademecum), handbook on all
health and safety legislation applicable to workers in Belgium compiled and commented upon
by the Belgian Socialist Trade Union, www.abvv.be
Funds for national diseases, Preventive advice programme, http://www.fmp-
fbz.fgov.be/web/content.php?lang=fr&target=workers#/prevention-advise-for-business
Council Directive 89/654EEC (workplace)
1-page information notes available on the website of DG Employment, containing the main
legal requirements relating to the specific aspect of the workplace as well as practical advice
and rules of good practice. In relation to the workplace, information notes exist about
electrical installations at the workplace, lighting, air, temperature as well as the facilities
available for workers. http://www.werk.belgie.be/defaultTab.aspx?id=579
Brochure Thermische omgevingsfactoren (Thermal environment factors) – Guidance
document for the new Royal Decree on thermic environment factors, 2013,
http://www.werk.belgie.be/publicationDefault.aspx?id=39831
Elektriciteit - Reeks SOBANE-strategie (Electricity – Series SOBANE Strategy), Guidance
document presenting the SOBANE Strategy for the management of employment-related risks
related to electricity at the workplace, not available online.
Veiligheid (ongevallen, vallen,…) - Reeks SOBANE-strategie (Safety (accidents, falling –
Series SOBANE Strategy), Guidance document presenting the SOBANE Strategy for the
management of employment-related risks related to safety at the workplace,
http://www.werk.belgie.be/publicationDefault.aspx?id=4272.
Personeelsvoorzieningen - Reeks SOBANE-strategie (Staff facilities – Series SOBANE
Strategy), Guidance document presenting the SOBANE Strategy for the management of
employment-related risks related to staff facilities, not available online.
Council Directive 2009/104/EC (work equipment)
DG Employment has published best practices on its website regarding work equipment, in
particular focused on young workers and work equipment.
http://www.werk.belgie.be/moduleTab.aspx?id=620&idM=241
Goede veiligheidspraktijken in de landbouwsector (Good safety practices in the agriculture
sector), 2009, guidance document for professionals in the agricultural sector presenting risk
situations, management measures and existing health and safety legislation to the sector,
http://www.werk.belgie.be/publicationDefault.aspx?id=24082
Machines en handgereedschappen - Reeks SOBANE-strategie (Machinery and equipment –
Series SOBANE Strategy), Guidance document presenting the SOBANE Strategy for the
management of employment-related risks related to work equipment,
http://www.werk.belgie.be/publicationDefault.aspx?id=3720.
Berekeningsnota steigers (Calculation note scaffolding), guidance note on the website of DG
Employment concerning the use of scaffolding at work,
http://www.werk.belgie.be/defaultTab.aspx?id=4246
Samenhang tussen artikel 13 van het koninklijk besluit van 31 augustus 2005 betreffende het
gebruik van arbeidsmiddelen voor tijdelijke werkzaamheden op hoogte en artikel 434 van het
ARAB (Explanatory note on the consistency between Article 13 of the RD of 31/08/05
concerning the use of work equipment for temporary works at height and Article 434 of the
General Regulation on labour protection), http://www.werk.belgie.be/defaultTab.aspx?id=4244
Tegenstrijdige voorschriften tussen KB gebruik arbeidsmiddelen bij tijdelijke werkzaamheden op
hoogte en KB gebruik van persoonlijke beschermingsmiddelen (Explanatory note on the
contradicting requirements between the RD on the use of work equipment for temporary works
at height and the RD on the use of personal protective equipment),
http://www.werk.belgie.be/defaultTab.aspx?id=4248
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Council Directive 89/656/EEC (PPE)
Thematische toelichting over het koninklijk besluit van 13 juni 2005 betreffende het gebruik van
persoonlijke beschermingsmiddelen (Thematic explanatory note on the RD of 13 June 2005
concerning the use of personal protective equipment), 2005,
http://www.werk.belgie.be/defaultTab.aspx?id=630
DG Employment has published best practices on its website regarding personal protective
equipment, http://www.werk.belgie.be/moduleTab.aspx?id=630&idM=241
Council Directive 92/58/EEC (OSH signs)
/
Directive 1999/92/EC (ATEX)
Risico's van brand of explosie - Reeks SOBANE-strategie (Risks of fire or explosion– Series
SOBANE Strategy), 2006 http://www.werk.belgie.be/publicationDefault.aspx?id=3736
DG Employment has published a best practice on its website regarding dealing with potentially
explosive atmosphere at a food mixing company.
http://www.werk.belgie.be/moduleDefault.aspx?id=36600
Council Directive 90/269/EEC (manual handling of loads)
DG Employment has published a list of best practices on its website regarding the manual
handling of loads and health and safety risks related to them,
http://www.werk.belgie.be/moduleTab.aspx?id=632&idM=241
Manueel behandelen van lasten - Gids om risico's te evalueren en te voorkomen (Manual
handling of loads – Guide to evaluate and prevent risks), 2008, guidance document for
employers, prevention advisers, etc.,
http://www.werk.belgie.be/publicationDefault.aspx?id=21356
Manueel behandelen van lasten - FIFARIM - Identificatiefiche van risicofactoren bij manuele
behandeling (Manual handling of loads – FIFARIM – Identification fiche for risk factors for
manual handling), 2008, http://www.werk.belgie.be/publicationDefault.aspx?id=21346
Musculo-skeletale aandoeningen - Reeks SOBANE-strategie (Musculo-skeletal diseases – Series
SOBANE Strategy), 2007, http://www.werk.belgie.be/publicationDefault.aspx?id=12592
Overleggids Deparis: Thuiszorg - Reeks SOBANE-Strategie (Consultation Guide Deparis –
home-care – Series SOBANE Strategy), 2008,
http://www.werk.belgie.be/publicationDefault.aspx?id=19508
Behandeling van lumbago in arbeidsgeneeskunde: aanbevelingen van goede praktijk (Lumbago
treatment in occupational medicine: recommendations of good practice), 2008,
http://www.werk.belgie.be/publicationDefault.aspx?id=22336
Lage rugpijn op het werk. Een handleiding voor de werkgever en de sociale partners (Lower
backache at work. A manual for the employer and the social partners), 2008,
http://www.werk.belgie.be/publicationDefault.aspx?id=20136
Werken in de gezinszorg: handleiding ter verbetering van de arbeidssituatie van verzorgenden
(Working in home-care: manual for the improvement of the working situation of carers, 2008,
http://www.werk.belgie.be/publicationDefault.aspx?id=18924
Preventie van musculoskeletale aandoeningen (Prevention of musculo-skeletal diseases), a series
of guidance documents was published for about 35 risk sectors for this type of disease, such as
roof workers, farmers, hospital personnel, etc.
http://www.werk.belgie.be/moduleTab.aspx?id=632&idM=163
Preventie programma voor lage rugpijn (Prevention of lower back pain), prevention program
Milieu Ltd
Brussels
Country Summary Report for Belgium / 170
provided by the Funds for Occupational Diseases aimed at offering advices and trainings on
good practices in the manual handling of loads. http://www.fmp-
fbz.fgov.be/prev/PREVENTIONDOS/index.html
Council Directive 90/270/EEC (display screen equipment)
DG Employment has published a list of best practices on its website regarding the use of display
screen equipment, http://www.werk.belgie.be/moduleTab.aspx?id=626&idM=241
Beeldschermwerk - Reeks SOBANE-strategie (display screen work – Series SOBANE Strategy),
Guidance document presenting the SOBANE Strategy for the management of employment-
related risks related to display screen work), 2006,
http://www.werk.belgie.be/publicationDefault.aspx?id=3668
Goede praktijk: Interactief hulpprogramma voor de inrichting van geïnformatiseerde
werkposten (Best practice: interactive programme for the set-up of digital work stations), best
practice identified by the authorities on the BESWIC platform whereby a public hospital made
available a computer programme/tool that allows a worker to set up his electronic work station
and make improvements with a view to improve their health and safety.
http://www.beswic.be/nl/good_practice/examples/isppc_chu_charleroi/index_html
Directive 2002/44/EC (vibration)
Globale lichaamstrillingen – Reeks SOBANE-strategie (General body vibrations – Series
SOBANE Strategy), Guidance document presenting the SOBANE Strategy for the management
of employment-related risks related to vibrations at the workplace,
http://www.werk.belgie.be/publicationDefault.aspx?id=3704
Hand-arm trillingen – Reeks SOBANE-strategie (Hand-arm vibrations – Series SOBANE
Strategy), Guidance document presenting the SOBANE Strategy for the management of
employment-related risks related specifically to hand and arm vibrations at the workplace,
http://www.werk.belgie.be/publicationDefault.aspx?id=3708
Preventiecampagne ‘Rugklachten ten gevolge van trillingen’ (Prevention campaign ´Back ache
complaints as a consequence of vibration´), awareness-raising campaign targeted at risk sectors,
organized by the labour inspectorate, http://www.beswic.be/nl/campaigns/campaign_vibrations/
Directive 2003/10/EC (noise)
Vragen en antwoorden over het Koninklijk besluit van 16 januari 2006 betreffende de
bescherming van de gezondheid en de veiligheid van de werknemers tegen de risico’s van lawaai
op het werk (Questions and answers on the Royal Decree of 16 January 2006 concerning the
protection of health and safety of employers against the risks of noise at work,
http://www.werk.belgie.be/defaultTab.aspx?id=609
Lawaai - Reeks SOBANE-strategie (Noise – Series SOBANE Strategy), 2005, guidance
document, http://www.werk.belgie.be/publicationDefault.aspx?id=3716
DG Employment has published a best practice on its website regarding dealing with noise,
http://www.werk.belgie.be/moduleTab.aspx?id=609&idM=241
Directive 2004/40/EC (electromagnetic fields)
Veiligheidshandboek voor werkzaamheden aan of in de nabijheid van gsm-netwerkinfrastructuur
(Safety manual for works in or near a cell phone network infrastructure),
http://www.werk.belgie.be/publicationDefault.aspx?id=14762
Veiligheidsvoorschriften voor werkzaamheden aan of in de nabijheid van een gsm-
netwerkinfrastructuur (Safety prescriptions for works in or near a cell phone network
infrastructure), 2007, http://www.werk.belgie.be/publicationDefault.aspx?id=4190
Milieu Ltd
Brussels
Country Summary Report for Belgium / 171
Directive 2006/25/EC (artificial optical radiation)
Kunstmatige optische straling (Artificial optical radiation), 2011, guidance document presenting
the risks of optical radiation and of existing prevention measures for prevention advisers and
employees regularly exposed to artificial optical radiation,
http://www.werk.belgie.be/publicationDefault.aspx?id=34609
Directive 2004/37/EC (carcinogens or mutagens)
DG Employment has published a list of best practices on its website regarding carcinogens and
mutagens at the workplace, presenting examples implemented at companies for specific
chemical agents, http://www.werk.belgie.be/moduleTab.aspx?id=617&idM=241
Council Directive 98/24/EC (chemical agents at work)
DG Employment has published a list of best practices on its website regarding chemical agents
at the workplace, presenting examples implemented at companies for specific chemical agents as
well as TOXPRO, a management tool for chemical risks at the workplace,
http://www.werk.belgie.be/moduleTab.aspx?id=616&idM=241
Gevaarlijke stoffen: overzicht oude en nieuwe indeling (Hazardous substances: overview old and
new classification), 2011, guidance document presenting the new classification of hazardous
substances following the adoption of the CLP Regulation for employers, prevention advisers,
etc., http://www.werk.belgie.be/publicationDefault.aspx?id=35869
Meting van de blootstelling aan styrene (Measuring exposure to styrene), 2007,
http://www.werk.belgie.be/publicationDefault.aspx?id=13052
Gevaarlijke chemische producten – Reeks SOBANE-strategie (Hazardous chemical products –
Series SOBANE Strategy), Guidance document presenting the SOBANE Strategy for the
management of employment-related risks related to hazardous chemical agents at the workplace,
2005, http://www.werk.belgie.be/publicationDefault.aspx?id=3700
Bepaling van de blootstelling aan lasrook bij het lassen van roestvrij staal (Determination of the
exposure to welding fume of stainless steel), 2005, guidance document for prevention advisers
and occupational doctors, http://www.werk.belgie.be/publicationDefault.aspx?id=4040
Toxtrainer: handboek van de opleider (Toxtrainer: handbook of the trainer), 2004, training
manual for the education of prevention advisers in relation to hazardous substances at work,
http://www.werk.belgie.be/publicationDefault.aspx?id=19096
Informatienota´s chemische risico´s (Information notes chemical risks), providing information
about new measures aiming to prevent serious accidents in the chemicals sector, DG Chemical
risks, http://www.werk.belgie.be/publicationDefault.aspx?id=6588
Lessen uit ongevallen (lessons learnt from accidents), information notes from DG Chemical risks
presenting past accidents and how to avoid their repetition in the future, DG Chemical risks,
http://www.werk.belgie.be/lesongeval.aspx
Toxische gassen, laat je niet verrassen! (´Toxic gasses, do not get surprised!´), awareness-raising
campaign set up by the social partners on the risks of being exposed to toxic gasses when
working with containers in ports, airports, distribution centres, etc. The website contains
information on how to detect gases, which prevention measures to take, as employer and as
worker, and proposes the adoption of an action plan in the undertakings concerned with a view
to reduce the risk of exposure: http://www.toxischegassen.be/
Planop (or Protection Layer Analysis and Optimisation), a web application developed by DG
Chemical risks with a view to assisting companies with their risk assessment methodology for
analysing the installations dealing with hazardous substances, http://planop.be/nl/ (software
available for download on the Planop website)
Colloquium “Nanotechnologie en gezondheid op de werkvloer: een stand van zaken”, 2010,
Milieu Ltd
Brussels
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colloquium regarding the OSH aspects of nanotechnology.
http://www.beswic.be/nl/topics/chemicals_cancerigens_mutagenes_agents/nanotechnology/collo
quium_nano
Seminarie “Working with nanomaterials: A seminar on policy, practice and the role of public
authorities in dealing with uncertain risks”, 2011, organized together with the Dutch and French
public authorities in charge of OSH,
http://www.beswic.be/nl/topics/chemicals_cancerigens_mutagenes_agents/nanotechnology/nano
materials_report_alone.pdf
ACV Database of hazardous products. The Belgian labour union Algemeen Christelijk
Vakverbond (ACV) has developed a database of hazardous products regulated in Belgian OSH
legislation. The database can be searched and provides technical fiches of each chemical with
useful information such as related OSH signs, limit values for specific substances, health
surveillance requirements, symptoms of exposure, sectors where the chemical is used, etc.
http://www.acv-
online.be/ACVCSC.Internet.GevaarlijkeProdukten.WebUI/Search.aspx?LanguageID=1
Directive 2009/148/EC (asbestos)
Vragen en antwoorden over KB 16/3/2006 betreffende de bescherming van de werknemers tegen
de risico’s van blootstelling aan asbest (Questions and answers on the Royal Decree of 16/03/06
concerning the protection of employees against the risks of exposure to asbestos at work, the
websites sets out very detailed and concrete information with regard to the content of the Royal
Decree on asbestos and its implementation in practice for a wide audience,
http://www.werk.belgie.be/defaultTab.aspx?id=3400
Asbestinventaris en beheersprogramma (Asbestos inventory and management programme),
2008, guidance document for drafting and updating asbestos inventories in a company and a
management programme for prevention advisers, employers and for representatives of the
employees, http://www.werk.belgie.be/publicationDefault.aspx?id=5096
´Asbest en vervangingsvezels´ (Asbestos and replacement fibres´), brochure by the National
Action Committee for Health and Safety at the construction company (Nationaal Actiecomité
voor Veiligheid en Hygiene in het Bouwbedrijf or NAVB) with prevention measures, a photo-
based catalogue, a presentation of the most common replacement fibres and practical
recommendations for dealing with asbestos-containing material at construction sites.
http ://navb.constructiv.be/nl/Welzijnsinfo/Publicaties/Zoeken/Detail.aspx?id=%7bC4E6168D-
DC6F-4E52-8886-29B36F901822%7d
Asbestfonds (Asbestos Fund), a fund established by the federal government in 2007, under the
umbrella of the Fund for occupational diseases, providing indemnities to workers and other
persons who became ill as a consequence of asbestos exposure, http://www.fmp-
fbz.fgov.be/web/afa/afa_nl.php
Directive 2000/54/EC (biological agents)
DG Employment has published a list of best practices on its website regarding biological agents
at the workplace, presenting an example risk assessment and a framework agreement concluded
at the European level with a view to present accidents as a consequence of working with sharp
objects in the public health sector,
http://www.werk.belgie.be/moduleTab.aspx?id=619&idM=241
Biologische agentia en gezondheid op het werk: technische toelichting (Biological agents and
health at work: technical memorandum, 2007, guidance document providing more detailed and
concrete information regarding the Royal Decree on biological agents for employers, prevention
advisers, etc., http://www.werk.belgie.be/publicationDefault.aspx?id=3688
Biologische agentia – Reeks SOBANE-strategie (Biological agents – Series SOBANE Strategy),
Milieu Ltd
Brussels
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Guidance document presenting the SOBANE Strategy for the management of employment-
related risks related to biological agents at the workplace, 2005,
http://www.werk.belgie.be/publicationDefault.aspx?id=3684
Council Directive 92/57/EEC (temporary or mobile construction sites)
De veiligheidscoördinatie op tijdelijke of mobiele bouwplaatsen, veelgestelde vragen (Safety
coordination on temporary or mobile construction sites, Frequently Asked Questions) 2009,
Guidance document for construction sites managers, architects, employers, etc.,
http://www.werk.belgie.be/publicationDefault.aspx?id=24222
Lever veilig (´Deliver safely´), awareness-raising campaign for the construction sector with
the objective of informing about the risks and preventive measures related to the delivery of
constructions materials, 2012, by the National Action Committee for Safety and Health in the
construction company (NAVB). The campaign consists of various tools, including
communication tools aiming to raise awareness, guidance documents, best practices and
toolbox notes for workers,
http://navb.constructiv.be/nl/Campagnes_en_acties/Lever_veilig.aspx
Gun kwartsstof geen ademruimte! (No breathing room for Quartz!), awareness-raising
campaign for the construction sector with the objective of raising awareness for the issue and
ensuring that construction workers are less exposed to quartz , 2010, by the National Action
Committee for Safety and Health in the construction company (NAVB). The campaign
consists of guidance documents and communication tools as well as information visits at
construction sites, http://navb.constructiv.be/nl/Campagnes_en_acties/Kwartsstof.aspx
De campagne Afwerking (Finishings campaign), awareness-raising campaign for the
finishings sector with the objective of raising awareness of safety and health risks in this
sector and ensuring that workers are less exposed to occupational accidents, 2008, by the
National Action Committee for Safety and Health in the construction company (NAVB). The
campaign consists of guidance documents and communication tools as well as information
visits at construction sites and checklists for the specific types of workers in this sector,
http://navb.constructiv.be/nl/Campagnes_en_acties/Afwerking.aspx
De campagne Wegenwerken (Roadworks campaign), awareness-raising campaign for the
sector of roadworks with the objective of raising awareness of safety and health risks in this
sector and ensuring that workers are less exposed to occupational accidents, 2006-2009, by
the National Action Committee for Safety and Health in the construction company (NAVB).
The campaign consisted of a campaign charter signed by 90 undertakings with a view to
promote OSH within their company, information sessions, site visits and a media campaign,
http://navb.constructiv.be/nl/Campagnes_en_acties/Wegenwerken.aspx
De campagne Dakwerken (Roof works campaign), awareness-raising campaign for the sector
of roof works with the objective of raising awareness of safety and health risks in this sector
and ensuring that workers are less exposed to occupational accidents, 2006-2009, by the
National Action Committee for Safety and Health in the construction company (NAVB). The
campaign consisted of a campaign charter signed by 375 contractors with a view to promote
OSH on their site and implement an action plan, information sessions, site visits and a media
campaign, http://navb.constructiv.be/nl/Campagnes_en_acties/Dakwerken/Verloop.aspx
Werken op hoogte (Working at height), guidance documents for workers in this sector:
http://navb.constructiv.be/nl/Campagnes_en_acties/Werken_op_hoogte.aspx
Council Directive 92/85/EEC (pregnant/breastfeeding workers)
Wegwijs in werk en ouderschap (Guidance for work and parenthood), 2012, guidance
document on protection measures for parents or expecting parents,
http://www.werk.belgie.be/publicationDefault.aspx?id=5572
Milieu Ltd
Brussels
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Council Directive 94/33/EC (young people at work)
Interpretatieve nota betreffende de wijziging van het koninklijk besluit van 3 mei 1999
betreffende de bescherming van de jongeren op het werk door het koninklijk besluit van 23
oktober 2006 (Interpretative note concerning the modification of the Royal Decree of 3 May
1999 on the protection of young people at work through the RD of 23 October 2006),
http://www.werk.belgie.be/defaultTab.aspx?id=4726
Safe start, website on health and safety for young people at work, set up by DG Employment
and the prevention institutes, http://www.safestart.be/nl
For each identified document/action, the table indicates:
The name of the action
The type of accompanying action: guidance (G)/awareness-raising programme (AR)/support
tool (IT) financial incentive (FI)/ education and training actions (ET);
The entity who initiated it: authorities (A)/social partners (SP);
The target groups of the action: specific sectors, specific groups, SMEs.
Table 4- 1 Accompanying Actions
Name Type
Initiated by
(and date) Target groups
Directive 89/391/EEC (Framework Directive)
BESWIC Online platform with information on OSH
IT A
Public, in particular
employers, workers,
prevention advisers,
researchers
Best practices : about 50 concrete case studies of
best practices in various sectors
G
A(ongoing,
fiches are
published
every
year)
Employers and prevention
advisers: specifically
covering about 50 specific
situations or sectors
Feel good at work
AR A (2012)
Persons at risk of
psychosocial stress at work,
employers, doctors
Alcohol and drugs: guidance document for
preventive policy at work IT A (2012)
Employers and prevention
advisers
Practical guidance for the OSH Committee G A (2012)
Committee for prevention
at work (OSH Committee)
Age-conscious employment policy – psychosocial
risks G A (2012)
Employers and prevention
advisers
First Aid at work G A (2011)
Employers, prevention
advisers and workers
Psychosocial aspects in risk management strategies G A (2010) Employers
The risk assessment G A (2009) Employers
Guidance in the prevention of psychosocial stress at
work G A (2009)
Employers and prevention
advisers
Guidance on conflict prevention at work G A (2009)
Employers and prevention
advisers
Tools for obtaining better insight in ageing at work G A (2009)
Employers and prevention
advisers
Guidance on the OSH Law G A (2008)
Employers and prevention
advisers
Milieu Ltd
Brussels
Country Summary Report for Belgium / 175
Name Type
Initiated by
(and date) Target groups
Guidance document om the management of
employment-related risks G A (2007)
Employers and prevention
advisers
Guide for the diagnosis of relational pain at work IT A (2007)
Employers and prevention
advisers
Health and Safety at work, Vademecum G SP
Employees, prevention
advisers
Preventive Advice Programme IT A
Employers, prevention
advisers
Council Directive 89/654/EEC (workplace)
Information notes G A
Employers, prevention
advisers and workers
Thermal environment factors brochure G A (2013)
Employers, prevention
advisers and workers
Electricity – Series SOBANE Strategy G A
Employers, prevention
advisers and workers
Safety (accidents, falling – Series SOBANE Strategy G A
Employers, prevention
advisers and workers
Staff facilities – Series SOBANE Strategy G A
Employers, prevention
advisers and workers
Directive 2009/104/EC (work equipment)
Best practices relating to work equipment G A
Employers, prevention
advisers and workers
Good safety practices in the agriculture sector G A
Workers and employers in
the agricultural sector
Machinery and equipment – Series SOBANE Strategy G A
Employers, prevention
advisers and employees
Calculation note scaffolding G A
Employers and prevention
advisers
Explanatory notes G A
Employers and prevention
advisers
Council Directive 89/656/EEC (PPE)
Explanatory notes G A
Employers and prevention
advisers
Best practices G A
Employers and prevention
advisers
Council Directive 92/58/EEC (OSH signs)
No Directive specific action available - - -
Directive 1999/92/EC (ATEX)
Risks of fire or explosion– Series SOBANE Strategy G A (2006)
Employers, prevention
advisers and workers
Risks of fire or explosion– Series SOBANE Strategy G A (2006)
Employers, prevention
advisers and workers
Best practices G A
Employers and prevention
advisers
Council Directive 90/269/EEC (manual handling of loads)
Best practices G A
Employers and prevention
advisers
Manual handling of loads – Guide to evaluate and
prevent risks G A (2008)
Employers, prevention
advisers and workers
Identification fiche for risk factors for manual
handling
G A (2008)
Employers, prevention
advisers, professional
doctors, ergonomists, safety
engineers, members of the
OSH Committees
Musculo-skeletal diseases – Series SOBANE Strategy G A (2007)
Employers, prevention
advisers and workers
Consultation Guide Deparis – home-care – Series G A (2008) Employers, prevention
Milieu Ltd
Brussels
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Name Type
Initiated by
(and date) Target groups
SOBANE Strategy advisers and workers
Lumbago treatment in occupational medicine:
recommendations of good practice G A (2008)
Prevention advisers and
doctors
Lower backache at work. A manual for the
employer and the social partners G A (2008)
Employers and social
partners
Working in home-care: manual for the improvement
of the working situation of carers G A (2008) Workers in the care sector
Prevention of musculo-skeletal diseases G A Workers in risky sectors
Prevention of lower back pain ET A (2007-…) Workers
Council Directive 90/270/EEC (display screen equipment)
display screen work – Series SOBANE Strategy G A (2006)
Employers, prevention
advisers and workers
Best practice: interactive programme for the set-up
of digital work stations G, IT A Employers and workers
Directive 2002/44/EC (vibration)
General body vibrations – Series SOBANE Strategy G A
Employers, prevention
advisers and workers
Hand-arm vibrations G A
Employers, prevention
advisers and workers
Prevention campaign « back complaints as a
consequence of vibration » G A Employers and workers
Directive 2003/10/EC (noise)
Q&A G A Employers and workers
Noise – Series SOBANE Strategy
G A (2005)
Employers, prevention
advisers, OSH Committees
and occupational doctors
Best practice G A Employers and workers
Directive 2004/40/EC (electromagnetic fields)
Safety manual G A Employers and workers
Safety instructions G A Employers and workers
Directive 2006/25/EC (artificial optical radiation)
Artificial optical radiation G A (2011) Prevention advisers and
workers
Directive 2004/37/EC (carcinogens or mutagens)
Best practices G
Prevention advisers and
workers
Council Directive 98/24/EC (chemical agents at work)
Best practices G A
Prevention advisers and
workers
Hazardous substances: overview old and new
classification G A (2011) Prevention advisers
Measuring exposure to styrene
G A (2007)
Prevention advisers,
occupational doctors and
OSH Committees
Hazardous chemical products – Series SOBANE
Strategy G A (2005)
Employers, prevention
advisers, OSH Committees
and occupational doctors
Determination of the exposure to welding fume of
stainless steel G A (2005)
Prevention advisers and
occupational doctors
Information notes chemical risks G A
Employers, prevention
advisers and workers
Toxic gasses awareness-raising campaign AR SP (2011)
Employers, prevention
advisers and workers
Planop risk assessment software IT A (2012) Employers
Colloquium Nanomaterials at the workplace
AR A (2010)
Employers, prevention
advisers, social partners
and workers
Seminar Nanomaterials at the workplace AR A (2011) Employers, prevention
Milieu Ltd
Brussels
Country Summary Report for Belgium / 177
Name Type
Initiated by
(and date) Target groups
advisers, social partners
and workers
ACV Database of hazardous products IT SP Workers
Directive 2009/148/EC (asbestos)
Q&A G A
Employers, prevention
advisers and workers
Asbestos inventory and management programme G A (2008)
Employers, prevention
advisers
Asbestos and replacement fibres G SP (2013)
Employers, prevention
advisers
Directive 2000/54/EC (biological agents)
Best practices G A
Employers, prevention
advisers and workers
Biological agents and health at work: technical
memorandum G A (2007)
Employers, prevention
advisers
Biological agents – Series SOBANE Strategy
G A (2005)
Employers, prevention
advisers, OSH Committees
and occupational doctors
Council Directive 92/57/EEC (temporary or mobile construction sites)
FAQs Safety Coordination on construction sites
G A (2009)
Construction sector:
workers, contractors,
architects, safety
coordinators
Deliver Safely, NAVB awareness-raising campaign G,
AR,
IT
SP(2012)
Construction sector:
producers, suppliers,
contractors, safety
coordinators
No breathing room for Quartz!, NAVB awareness-
raising campaign
G,
AR,
ET
SP(2010) Workers and employers in
the construction sector
Finishings campaign, NAVB awareness-raising
campaign
G,
AR,
ET
SP(2008) Workers and employers in
the finishings sector
Roadworks campaign, NAVB awareness-raising
campaign
AR,
ET
SP(2006-
2009)
Workers and employers in
the roadworks sector
Roof works campaign, NAVB awareness-raising
campaign
AR,
ET
SP(2006-
2009)
Workers and employers in
the roof works sector
Working at height: guidance documents
G SP(2010)
Workers, contractors and
prevention advisers on sites
with works at height
Council Directive 92/104/EEC (surface and underground mineral-extracting industries)
No Directive specific action available - - -
Council Directive 92/91/EEC (mineral-extracting industries through drilling)
No Directive specific action available - - -
Council Directive 92/29/EEC (medical treatment on board vessels)
No Directive specific action available - - -
Council Directive 93/103/EC (work on board fishing vessels)
No Directive specific action available - - -
Council Directive 92/85/EEC (pregnant/breastfeeding workers)
Guidance for work and parenthood G A (2012) Parents and expecting
parents at work
Council Directive 91/383/EEC (temporary workers)
Brochure on OSH for temporary workers G SP (2011) Temporary workers
Council Directive 94/33/EC (young people at work)
Interpretative note G A (2006) Employers, prevention
advisers
Milieu Ltd
Brussels
Country Summary Report for Belgium / 178
Name Type
Initiated by
(and date) Target groups
Safe start website IT A Young workers
4.2 USE OF ACCOMPANYING ACTIONS
The following information was gathered during interviews.
Inputs from interviews with stakeholders
Overall, sectoral tools, checklists, trainings, expertise and financial incentives are more effective than
brochures aimed at raising awareness. Practical tools, forms and check-lists that enable employers to
comply with OSH obligations are considered by stakeholders as the most useful accompanying
actions. The practical approach that aims at providing sectoral templates for risk assessment (e.g.
OIRA, SOBANE, and DEPARIS) is welcomed by all stakeholders that recognize the potential for
simplification and gain of time of such tools. The SOBANE strategies are especially useful in guiding
employers through the drafting of a global risk analysis, and the subsequent incorporation of its
conclusions in a holistic OSH strategy.
Stakeholders however highlighted that only companies where there is a trained prevention adviser, are
aware and using the aforementioned accompanying actions (for more details on companies with
trained prevention adviser, see Table 3-2 - Approaches to compliance).
Two issues arise from that conclusion. First, companies that have trained prevention adviser only
constitute about 3% of Belgian companies according to the association of services for prevention and
protection. These 3% are mostly large establishments. Secondly, support tools such as the SOBANE
strategies and DEPARIS methods that are initially designed to assist SMEs in complying with Belgian
OSH legislation, are described as comprehensive and helpful yet complex (important number of
annexes, forms, etc.). In the light of this complexity, implementing these support tools requires
training. Such support is granted by the national authorities, federations of workers’ representatives
and federation of employers’ representatives. Accordingly, the SOBANE strategies have proven to be
extremely useful and valuable in companies aware of the existence of these tools and trainings, and
with the capacity of having one worker dedicated to implementing an OSH policy. As a result it is
deplored by stakeholders that tools addressed to SMEs have often not managed to reach the targeted
audience. Despite the possibility of increased awareness in the public sector about those tools,
interviewees did not report differences in the use of accompanying actions between the private and the
public sectors.
Various actors (national authorities, workers’ representatives, employers’ representatives, funds,
association of prevention services, prevention services, etc.) publish brochures that fail to reach
establishments other than large companies.
4.3 GAPS
The following information was gathered during interviews.
Inputs from interviews with stakeholders
Stakeholders called for the development of additional practical documents per sector, especially for
SMEs, guiding them through the drafting of risk assessments. In that respect, some stakeholders
stressed that it is more efficient to highlight and target one topic (risk) per year than to publish
extensive reports and brochures. Given the overall lack of risk assessments across all sectors and
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groups of workers, supporting companies in conducting risk assessment and integrating them in a
global OSH policy is considered by all stakeholders a priority. Accordingly stakeholders urged
national authorities, both national and European, to provide more financial incentives.
Conversely stakeholders representing employers stressed that there is no need for developing a
checklist and strategy for each sector. According to them the existing framework provided by OIRA,
DEPARIS and SOBANE is sufficient for every sector to develop the tools by themselves. Labour
inspectorates concurred in the sense that the involvement of employers of the sector is crucial for the
effectiveness of such sectorial strategies. It was reported that strategies and tools developed at higher
level do not reach employers that are neither trained nor supported in their OSH obligations by
dedicated and trained prevention advisers.
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5 MAPPING QUESTION 5: ENFORCEMENT
The following section provides information on enforcement of the 24 directives. It describes the
structure in place for enforcement.
In Belgium, the main authority in charge of OSH legislation enforcement is the Directorate General
for the Control of Well Being at Work under the Federal Public Service for Employment, Labour and
Social Dialogue, and its eight regional directorates. Within the Directorate General for the Control of
Well Being at Work, the Department for control on chemical risks is specifically responsible for
chemical risks, hence for the four chemical-related OSH directives. With regard to the two mineral-
extracting directives, the competent authority for enforcement is the Federal Public Service Economy.
For the two directives on vessels, it is the Federal Public Service Mobility who is responsible.
In terms of statistical information on inspections, from 2007 to 2012, the number of inspectors has
remained fairly constant, while the number of inspections has decreased from 924 to 856, which may
be explained partly by the fact that the number of workers per inspector has slightly increased from
25730 to 26779, in the same period. In terms of sectors, interestingly ‘public administration and
defence, social security’ is one of the sectors with the highest number of inspections, just after sales
and wholesale trade.
The strategies for inspections are developed by the Directorate General for the Control of Well Being
at Work and their implementation is reviewed on a yearly basis. Priorities are set in terms of the size
of the companies targeted, sectors, groups of workers, type of risks, existence of specific organs in
charge of the surveillance of the well-being of workers, presence at work. The main criteria to set
those priorities are the risk assessment, the results of inspections and European strategic documents.
The Directorate General also organises specific inspection campaigns e.g. on storage of inflammable
substances in sales areas, on the use of chemical agents in formulating companies or in construction
projects.
The legislation sets both criminal and administrative sanctions for non-compliance with OSH
requirements. Criminal sanctions are mostly fines, with imprisonment sanctions being the exception
(for some infringements in relation to legislation on young people at work and the framework
legislation in case of obstruction to inspection or non-compliance with the measures imposed by the
social inspectors). In some cases, the judge may impose other type of sanctions such as operating
prohibition, professional exclusion or closure of the establishment. Administrative fines can also be
imposed. In general, stakeholders acknowledged the limited number of labour cases going to courts,
which can be explained by the fact that criminal proceedings are initiated only if the victim is not
covered by insurance schemes. Conversely 76% of the number of reported infringements led to the
imposition of an administrative fine.
Structure for enforcement
The table below provides a list of the bodies in charge of enforcement in the Member State, by
Directive if applicable.
Table 5- 1 Enforcement authorities
Name Type of authority
Directive 89/391/EEC (Framework Directive)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg)
The FPS ELS is the ministry in charge with
Employment and Labour conditions in
general as well as OSH more specifically. Its
inspecting bodies with regards to OSH law
are the social inspectors of the Directorate
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Name Type of authority
General for the Control of Well Being at Work
(Algemeen Directie Toezicht Welzijn op het
Werk) (‘AD TWW’). The Directorate General
for the Humanisation of Work (Algemene
Directie Humanisering van de Arbeid) (‘AD
HUA’) can request the AD TWW to carry out
specific inspection visits, for example
following notifications that it has received or
following demands of certification.
Under the federal AD TWW, eight regional
directorates exist for the regions of Antwerp,
Brussels-Capital, Western Flanders, Eastern
Flanders, Liège, Namur-Luxemburg-Walloon
Brabant, Flemish Brabant – Limburg, and
Hainaut.
The judicial bodies in charge of OSH
contentious matters are the Labour Tribunal
and the Labour Court (civil action) and the
criminal courts (criminal action). A case can
also be settled through a mediation
procedure lead by the Labour Auditor.
Council Directive 89/654/EEC (workplace)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Directive 2009/104/EC (work equipment)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Council Directive 89/656/EEC (PPE)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Council Directive 92/58/EEC (OSH signs)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Directive 1999/92/EC (ATEX)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Council Directive 90/269/EEC (manual handling of loads)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Council Directive 90/270/EEC (display screen equipment)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Directive 2002/44/EC (vibration)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Directive 2003/10/EC (noise)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Directive 2004/40/EC (electromagnetic fields)
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Name Type of authority
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Directive 2006/25/EC (artificial optical radiation)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Directive 2004/37/EC (carcinogens or mutagens)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Within AD TWW, the Department for control
on chemical risks (Afdeling voor het toezicht
op de chemische risisco´s) is in charge of
chemical risks specifically.
Council Directive 98/24/EC (chemical agents at work)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Within AD TWW, the Department for control
on chemical risks (Afdeling voor het toezicht
op de chemische risisco´s) is in charge of
chemical risks specifically.
Directive 2009/148/EC (asbestos)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Within AD TWW, the Department for control
on chemical risks (Afdeling voor het toezicht
op de chemische risisco´s) is in charge of
chemical risks specifically.
Directive 2000/54/EC (biological agents)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Council Directive 92/57/EEC (temporary or mobile construction sites)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Council Directive 92/104/EEC (surface and underground mineral-extracting industries)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Federal Public Service Economy (Federale
Overheidsdienst Economie, K.M.O., Middenstand en
Energie)
Ministry
Council Directive 92/91/EEC (mineral-extracting industries through drilling)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Federal Public Service Economy (Federale
Overheidsdienst Economie, K.M.O., Middenstand en
Energie)
Ministry
Council Directive 92/29/EEC (medical treatment on board vessels)
Federal Public Service Mobility (Federale
Overheidsdienst Mobiliteit) Ministry
Council Directive 93/103/EC (work on board fishing vessels)
Federal Public Service Mobility (Federale
Overheidsdienst Mobiliteit) Ministry
Council Directive 92/85/EEC (pregnant/breastfeeding workers)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Council Directive 91/383/EEC (temporary workers)
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
Council Directive 94/33/EC (young people at work)
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Name Type of authority
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst
Werkgelegenheid, Arbeid en Sociaal Overleg).
Same as FD
The main enforcement authority is the AD TWW that is part of the Federal Public Service (ministry)
Employment. Its Division on Regional Control of well-being supervises the application of the OSH
law and related decrees through eight regional directorates on the control of well-being at work. It
coordinates the work of the eight regional directorates.
When an infringement of OSH legislation is established, the social inspectors draft a formal report of
infringement (procès-verbal). Where the labour auditor decides not to initiate judicial proceedings
before the criminal court, the auditor brings the case to the direction for administrative fines (Direction
des amendes administratives)101. The direction of administrative fine provides the employer with the
possibility to communicate its arguments orally or in written before deciding whether or not
infringement is established. Where infringement is demonstrated, an administrative fine will be
imposed to the employer102.
Inputs from interviews with stakeholders
1. Stakeholders stressed the limited number of labour cases going to courts. According to them,
the insurance schemes are such that once the victim has received compensation, legal
proceedings are stopped.
2. Criminal proceedings are only initiated where the victim is not covered by insurance schemes
and hence need to demonstrate evidence of damage and fault in order to obtain compensation
through civil liability schemes. Such cases concern mostly undeclared workers and mock
independents.
3. With regards to the statistics on inspection, it is noteworthy that under the current reporting
system, compliant organisations are not always reported.
4. Workers’ representatives, employers’ representatives and prevention organisations,
systematically reported the crucial need for a greater number of inspections to be carried out.
5. Stakeholders urged OSHA to take a more compelling part in the enforcement process at
national and EU levels.
6. No differences were reported between the private and the public sectors.
Inspections
Statistical Information
The table below provides information on the statistical data available in relation to inspections in order
to gain an understanding of the level of enforcement activities in Belgium. Technical exploitation
units (TEU) are the entities at the level of which the control and application of requirements relating to
health and safety at work take place under Belgian legislation.
101 Social Criminal Code, Articles 68-72. 102 Social Criminal Code, Articles 74-91.
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Table 5- 2 Inspections statistical data
Year
Number of
labour
inspectors103
Number of
workers per
labour
inspector104
Number of
inspections
per 100.000
workers105
Frequency of
inspections106
Comments
2007
2008
2009
2010
2011
2012
145
150,4
148,1
145,1
148,7
144,7
25730
25356
25432
26493
25988
26779
924
940
956
871
845
856
55,16% of
undertakings
participating in
ESENER were subject
to an inspection
once in the past 3
years.
Employees %
10-19 47.71
20-49 62.06
50-249 55.82
250-499 73.03
+500 75.19
Sector %
Productive
industry
63.44
Private
services
52.3
Public
services
53.81
The numbers of
inspectors
correspond to
the total
numbers of
inspectors in
Belgium. It
includes central
services,
regional controls
and control of
chemical risks
(major
accidents and
laboratory of
industrial
toxicology). For
focus by area or
sector of
activity, please
see Table 5-3
below.
Resources in the AG TWW have decreased over the past years as a result of a greater number of
departures (mostly through retirement) than arrivals of new labour inspectors107.
Table 5- 3 Number of inspections per sector in Belgium
Sector/Year in number of TEU inspected108 2007109 2008 2009 2010 2011 2012
Sales (except cars) 834 1026 1204 1326 1198 1322
Wholesale trade (except cars) 940 1006 1044 1137 1060 1031
Public administration and defence, social security 1018 762 815 950 774 939
Specialised building work 1033 732 789 801 953 803
Extraction of other minerals 818 959 663 677 641 625
Manufacturing of metal products, excluding machines
and appliances
695 745 659 630 766 616
103 Expressed as full-time equivalents (FTEs), FPS ELS (AG TWW), Annual Reports,2007-2012 ; National Implementation
Report for Belgium, Part A, Section 1. 104 FPS ELS (AG TWW), Annual Reports,2007-2012 ; National Implementation Report for Belgium, Part A, Section 1. 105 National Implementation Report for Belgium, Part A, Section 1. 106 Data only available for the period covered by the ESENER Survey 2009, covering the three-year period of the survey,
MM170. 107 FPS ELS , National Strategy for the Well-Being at Work 2008-2012 l ; FPS ELS (AG TWW), Annual Reports, 2007-
2012. 108 FPS ELS (AG TWW), Annual Reports, 2007-2012Annex II. 109 The classification for the years prior to 2008 follows a different terminology.
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Sector/Year in number of TEU inspected108 2007109 2008 2009 2010 2011 2012
Education 318 270 312 434 329 541
Manufacturing of food products 592 573 581 476 496 540
Wholesale and reparation of cars 485 407 458 1137 544 490
Restaurants, and other catering facilities -110 187 177 198 239 441
Manufacturing of other mineral products (non-metallic) 564 536 432 328 360 391
Road transport and driving services 394111 392 378 378 423 356
Social services with accommodation -112 256 284 314 324 329
Storage and other activities related to transportation of
goods
362 310 312 345 373 326
Services related to construction and landscaping -113 242 206 247 314 310
Social services without accommodation -114 189 230 268 303 290
Building construction, project development -115 277 295 257 339 284
Manufacturing of machinery, appliances and tools 211 258 215 189 291 247
Manufacturing of rubber or plastic products 260 249 292 198 249 243
Hosting service 218116 49 44 66 48 243
Health services 924117 252 242 248 275 238
Collect, treatment and elimination of waste, recycling 191 170 153 135 156 195
Other personal services 95 101 140 104 153 172
Printing, copying and recorded medias 155 169 199 134 119 160
Supply services of personnel - 82 174 128 163 172
Culture of plants, livestock, hunting and related services 117 76 63 88 110 145
Wood industry and wood product manufacturing
(excluding furniture)
218 206 219 278 165 133
Manufacturing of textiles 237 181 122 115 80 123
Manufacturing of metals 112 133 106 120 119 120
Manufacturing of furniture 187 146 164 159 122 116
Manufacturing of chemical products 210 176 129 112 163 116
Construction of roads and hydraulic works -118 117 128 91 131 109
Associations 44 57 66 76 66 108
Architects and engineers, technical tests and controls -119 96 110 79 136 103
Administrative activities and office support activities - 54 94 91 70 91
Sports and leisure 130 52 45 70 70 89
Computer programming, and related counselling activities 7 43 40 51 80 80
Registered office (siege social); management services - 38 44 43 81 74
Reparation and installation of appliances 71 104 83 96 79 71
Manufacturing and assembling of vehicles 124 86 73 69 58 64
Financial services, except insurances and pension funds 19 36 48 68 63 59
Renting and leasing 37 58 46 72 85 55
Manufacturing of paper and similar articles 94 103 92 76 70 50
Real estate and market study agencies (and publicity) 47 31 54 32 56 50
Production of beverages - 51 72 56 80 47
Manufacturing of electric appliances - 89 73 83 69 47
Other industries 42 58 46 48 55 47
Scientific research and development 23 35 31 18 17 45
Posting activities - 38 44 35 20 44
110 See “Hosting Services” which includes restaurants. 111 Includes all terrestrial transportation including transportation through pipelines. 112 See “Health services” which includes social security activities. 113 See “Specialised building work” which includes all construction activities. 114 See “Health services” which includes social security activities. 115 See “Specialised building work” which includes all construction activities. 116 Including restaurants. 117 Including social security activities. 118 See “Specialised building work” which includes all construction activities. 119 See “Specialised building work” which includes all construction activities.
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Sector/Year in number of TEU inspected108 2007109 2008 2009 2010 2011 2012
Exploitation and trade of real estate - 51 67 37 56 42
Libraries, archives, museums and other cultural activities - 20 23 28 36 42
Production and distribution of electricity, gas, vapour and
air conditioning
55 56 63 38 49 38
Legal counselling and accountancy activities - 25 33 20 26 36
Manufacturing of clothes 32 51 26 20 21 34
Creative, artistic and entertainment activities - 14 24 25 31
Support activities for insurance and pension funds
companies
25 10 10 15 22 30
Manufacturing of commodity-type and pharmaceuticals
products
37120 42 55 26 34 29
Manufacturing of IT products 32 53 48 34 46 29
Air transport 10 18 13 9 14 24
Other specialized scientific and technical activities - 12 15 20 17 22
Travel agencies and related activities - 10 12 5 15 22
Manufacturing of other vehicles - 26 14 16 25 20
Safety and investigation services - 8 20 25 20 2
Telecommunication 65 24 22 15 24 19
Reparation of computers and other commodities - 11 11 13 13 19
Extraction, treatment and distribution of water 41 14 14 18 27 18
Film making, video and music production, and related
activities
- 11 22 17 9 18
Manufacturing of leather and leather products 6 5 2 4 9 14
Information and data services 60 17 12 25 21 14
Publishing houses - 16 13 15 10 13
Programming and broadcasting of radio and television
broadcasts
- 10 9 8 6 12
Wastewater treatment disposal - 3 11 12 13 10
Forestry 12 17 15 22 10 8
Manufacturing of coke and refined petroleum products 21 6 5 2 5 7
Waste treatment and disposal - 4 5 11 10 7
Waterway transport 6 17 6 27 7 6
Extraterritorial organisations 4 - 7 5 6 6
Insurance companies, and pension funds 5 - 5 11 13 5
Veterinary services - 4 8 9 11 5
Manufacturing of tobacco products 11 7 10 10 6 4
Household manufacturing activities for internal use - 1 1 1 - 4
Lottery and gambling services - 8 8 - 3 2
Households as employers of private servants 4 8 2 12 3 2
Aquaculture 7 5 6 1 3 -
Extraction of petroleum and gas 1121 7 - - 1 -
Support activities to the mining sector - 5 3 1 1 -
Extraction of metallic minerals 1 9 2 - - -
Coal extraction and related activities 5 1 - - - -
Other industrial activities 675
Strategies for inspection
Strategies for inspections are established by the AD TWW through annual operational plans organised
around operational norms. These operational norms set various objectives in terms of number of
inspections, specific priorities during inspections and methodology. The operational plans are applied
by the eight Regional Directorates for the Control of Well-Being at Work, hence covering the entire
120 Manufacturing of “medical equipment”. 121 Extractive industries.
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Belgian territory. These plans are applicable for inspections of all employers, notwithstanding specific
actions and campaigns targeting certain sectors and type of companies (such as temporary or mobile
construction sites).
For the period 2008-2012, these annual operational plans were part of a larger strategy: the National
Strategy for the Well-Being at Work 2008-2012 (Stratégie Nationale en matière de Bien-Être au
Travail 2008-2012). Each year, a reviewing report assesses the results obtained in application of the
operational plan.
Beside the national plans established by the AD TWW, AD HUA runs campaigns related to the
promotion of well-being at work connected to the inspection campaigns of the AD TWW. These
promotional campaigns follow annual national strategies.
The box below provides a short description of the strategic documents for enforcement.
Strategic documents for enforcement
National Strategy for the Well-Being at Work 2008-2012 (Stratégie Nationale en matière de
Bien-Être au Travail 2008-2012)122
Annual Operational Plans
Annual Reports on the Control of Well-Being at Work123 :
o Annual Report on the Control of Well-Being at Work 2012
o Annual Report on the Control of Well-Being at Work 2011
o Annual Report on the Control of Well-Being at Work 2010
o Annual Report on the Control of Well-Being at Work 2009
o Annual Report on the Control of Well-Being at Work 2008
Annual Report on the Control of Well-Being at Work 2007
Specific Inspection Campaigns124
o July-October 2013 : Storage of inflammable substances in sales areas
o April-June & September-December 2012 : Technical and Vocational High School
Education
o September-December 2011 : Welding fumes
o June-September 2011: Safe and sound maintenance
o September 2010- June 2011 : Use of chemical agents in formulating companies
o January- May 2011 : Renting of work equipment for the lifting of persons
o September -November 2010 : Car body manufacturing
o April-August 2010 : Public services as contracting authority in the construction sector
o February-March 2010 : Wood transforming sector
o November 2009- January 2010 : Garages
o September-November 2009 : Construction projects
o May-June 2009 : Temporary workers
o February-March 2009 : Back pain related to vibrations at work
AD HUA Annual Strategies on the Promotion of Well-Being at Work125
The table below presents how priorities are set within strategic documents for inspections in relation to
the different topics covered by the OSH Directives.
122 FPS ELS, National Strategy for the Well-Being at Work 2008-2012 123 FPS ELS (AD TWW), Annual Reports. 124 FPS ELS (AD TWW), Inspection campaigns. 125 FPS ELS (AD HUA), Programmes.
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Table 5- 4 Data on enforcement strategy
126
Priorities set in terms of
size of
companies
targeted
sectors groups or
workers
other criteria
Existence of specific organs in charge with the surveillance
of the well-being of workers
Presence at work
Type of risks
Priorities set on the basis of
risk assessment result of
inspections
Others
European Strategy for Health and Safety at Work 2007-2012
OSHA Strategy 2009-2013
Programme 2007-2013 of the European Social Fund
Sanctions
The table below presents the type and level of sanctions provided by law for infringements as defined
in the national legislation for each of the Directive covered in the study for both criminal and
administrative sanctions.
Table 5- 5 Result table – type and level of sanctions
Offence under national
legislation
Criminal sanctions (and quasi-
criminal when relevant) – Types
and levels of penalties
Administrative sanctions – Types
and levels of penalties
Directive 89/391/EEC (Framework Directive)
The employer or his
representative who carries out
health surveillance in violation of
the Law, i.e. to obtain
information that is not related to
the current health situation of an
employer in relation to the
specific requirements of his or
her job, or the lack of
appropriate qualifications of the
person carrying out the health
surveillance. (Art. 117 Social
Criminal Code)
Sanctions in the Social Criminal
Code are classified into four
levels. Below, the level and
sanctions associated with the
level are specified.
Level 2
A criminal fine of 50 to 500 EUR.
Important: The levels of financial
sanctions in Belgium reflected in
laws shall be multiplied by a
factor which reflects inflation.
The current factor of
multiplication of all fines is 6. In
practice, this means that the
current level of the sanction
would be 300 to 3000 EUR.127
Level 2
An administrative fine of 25 to
250 EUR.
As explained, the amount of the
fine is multiplied by a factor
reflecting inflation.
Violence or harassment at work
(bullying or unwanted sexual
behaviour, (Art. 119 Social
Criminal Code) or the non-
Level 4
Imprisonment of 6 months to
three years and a criminal fine of
600 to 6000 EUR or one of these
Level 4
An administrative fine of 300 to
3000 EUR.
126 FPS ELS (AD TWW), Annual Reports; FPS ELS (AD HUA), Programmes 127 This is only specified for the first row, but applies for all financial sanctions, both criminal and administrative, contained
in the Social Criminal Code.
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Offence under national
legislation
Criminal sanctions (and quasi-
criminal when relevant) – Types
and levels of penalties
Administrative sanctions – Types
and levels of penalties
compliance with a judicial
decision to end such violence or
harassment (Art. 120 Social
Criminal Code)
sanctions individually.
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
The employer who has not taken
the necessary preventive
measures against violence and
harassment at work or
preventive measures that do not
comply with the legal
requirements. (Art. 121 Social
Criminal Code)
Level 2
A criminal fine of 50 to 500 EUR.
Level 2
An administrative fine of 25 to
250 EUR.
Infringement of obligations
regarding the protection of
employees against violence or
harassment, such as not taking
consideration of complaints in
this regard (Art. 122 Social
Criminal Code)
Level 1
/
Level 1
An administrative fine of 10 to
100 EUR.
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
Level 3
A criminal fine of 100 to 1000
EUR.
The level of the sanction of the
sanction is increased to level 4
when it has had damage to
health or an occupational
accident as a consequence.
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
Level 3
An administrative fine of 50 to
500 EUR.
The employer in whose
establishment contractors or
subcontractors have performed
work activities, in violation of
Article 9(1) or 10(1) of the OSH
Law.
These articles set out detailed
OSH requirements for
contractors and subcontractors.
Level 3
A criminal fine of 100 to 1000
EUR.
The level of the sanction of the
sanction is increased to level 4
when it has had damage to
health or an occupational
accident as a consequence.
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
Level 3
An administrative fine of 50 to
500 EUR.
Obstruction to inspection Level 4
Imprisonment of 6 months to
three years and a criminal fine of
600 to 6000 EUR or one of these
sanctions individually.
Level 4
An administrative fine of 300 to
3000 EUR.
Milieu Ltd
Brussels
Country Summary Report for Belgium / 190
Offence under national
legislation
Criminal sanctions (and quasi-
criminal when relevant) – Types
and levels of penalties
Administrative sanctions – Types
and levels of penalties
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
Non-compliance with the
measures imposed by the social
inspectors.
Level 4
Imprisonment of 6 months to
three years and a criminal fine of
600 to 6000 EUR or one of these
sanctions individually.
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
Level 4
An administrative fine of 300 to
3000 EUR.
Council Directive 89/654/EEC (workplace)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
Note: There are no specific
sanctions applicable for
infringement of the Workplace
RD : the general provisions laid
down in the Criminal Social
Code apply.
Level 3
A criminal fine of 100 to 1000
EUR. In practice, taking account
of the current multiplication
factor128, this would amount to a
fine of 600 to 6000 EUR.
The level of the sanction of the
sanction is increased to level 4
when it has had damage to
health or an occupational
accident as a consequence.
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
Level 3
An administrative fine of 50 to
500 EUR. In practice, this would
amount today to a fine of 300 to
3000 EUR.
Directive 2009/104/EC (work equipment)
Same as above.
Council Directive 89/656/EEC (PPE)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Council Directive 92/58/EEC (OSH signs)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Directive 1999/92/EC (ATEX)
The employer or his Level 3 Level 3
128 See row on Framework Directive: The levels of financial sanctions in Belgium reflected in laws shall be multiplied by a
factor which reflects inflation. The current factor of multiplication of all fines is 6.
Milieu Ltd
Brussels
Country Summary Report for Belgium / 191
Offence under national
legislation
Criminal sanctions (and quasi-
criminal when relevant) – Types
and levels of penalties
Administrative sanctions – Types
and levels of penalties
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Council Directive 90/269/EEC (manual handling of loads)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Council Directive 90/270/EEC (display screen equipment)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Directive 2002/44/EC (vibration)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Directive 2003/10/EC (noise)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Directive 2004/40/EC (electromagnetic fields)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Directive 2006/25/EC (artificial optical radiation)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Directive 2004/37/EC (carcinogens or mutagens)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Council Directive 98/24/EC (chemical agents at work)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Directive 2009/148/EC (asbestos)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Milieu Ltd
Brussels
Country Summary Report for Belgium / 192
Offence under national
legislation
Criminal sanctions (and quasi-
criminal when relevant) – Types
and levels of penalties
Administrative sanctions – Types
and levels of penalties
Directive 2000/54/EC (biological agents)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Council Directive 92/57/EEC (temporary or mobile construction sites)
1) The client, construction
director in charge of
carrying out the works or in
charge of supervising the
works, his or her mandated
replacement, the
contractor, subcontractor,
employer or OSH
coordinator who do not
comply with the
requirements of the OSH
Law dealing with temporary
and mobile construction
sites and the requirements of
the implementing RDs
applicable to workers on
temporary or mobile
construction sites. (Article
131 Social Criminal Code)
2) The person presenting
himself at a construction site
who does not immediately
and daily register, in
violation of Article 31 sexies
(1) of the OSH Law. (Article
131/1 Social Criminal Code)
1) Level 3
A criminal fine of 100 to 1000
EUR.
The level of the sanction of the
sanction is increased to level 4
when it has had damage to
health or an occupational
accident as a consequence.
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
2) Level 1
/
1) Level 3
An administrative fine of 50 to
500 EUR.
2) Level 1
An administrative fine of 10 to
100 EUR.
Council Directive 92/104/EEC (surface and underground mineral-extracting industries)
The person infringing the
requirements of the law on
mining, and extraction industries
coordinated on 15 September
1919. (Art. 124 Social Criminal
Code)
Level 3
A criminal fine of 100 to 1000
EUR.
The level of the sanction of the
sanction is increased to level 4
when it has had damage to
health or an occupational
accident as a consequence.
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
Level 3
An administrative fine of 50 to
500 EUR.
Council Directive 92/91/EEC (mineral-extracting industries through drilling)
The person infringing the
requirements of the law on
mining, and extraction industries
coordinated on 15 September
1919. (Art. 124 Social Criminal
Code)
Level 3
A criminal fine of 100 to 1000
EUR.
The level of the sanction of the
sanction is increased to level 4
Level 3
An administrative fine of 50 to
500 EUR.
Milieu Ltd
Brussels
Country Summary Report for Belgium / 193
Offence under national
legislation
Criminal sanctions (and quasi-
criminal when relevant) – Types
and levels of penalties
Administrative sanctions – Types
and levels of penalties
when it has had damage to
health or an occupational
accident as a consequence.
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
Council Directive 92/29/EEC (medical treatment on board vessels)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Council Directive 93/103/EC (work on board fishing vessels)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Council Directive 92/85/EEC (pregnant/breastfeeding workers)
The employer or his mandated
replacement who, in violation of
the Labour Law:
1) Has not carried out an
evaluation, in line with the
conditions and requirements
established by RD, of the
nature, extent and duration
of the exposure to agents,
processes or working
conditions for all activities
with a specific risk of
exposure with a view to
assess the risk for the health
and safety at work as well as
consequences for the
pregnancy or breastfeeding
or for the health of the child
and to determine which
necessary measures shall be
taken;
2) Has not taken any measures,
taking account of the results
of the evaluation referred to
in point 1, adapted to the
situation of a pregnant or
breastfeeding worker, in line
with the conditions and
requirements established by
RD, with a view to avoid the
exposure of the worker to
this risk or for risks for which
exposure shall be avoided;
3) Has not taken any measures
Level 3
A criminal fine of 100 to 1000
EUR.
The level of the sanction of the
sanction is increased to level 4
when it has had damage to
health or an occupational
accident as a consequence.
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
Level 3
An administrative fine of 50 to
500 EUR.
Milieu Ltd
Brussels
Country Summary Report for Belgium / 194
Offence under national
legislation
Criminal sanctions (and quasi-
criminal when relevant) – Types
and levels of penalties
Administrative sanctions – Types
and levels of penalties
that, taking account of the
result of the evaluation
referred to in point 1, are
adapted to the pregnant or
breastfeeding worker, in line
with the conditions and
requirements established by
RD, when the worker
presents a condition or
danger associated with her
condition and which can be
related to the work, on the
condition that the
prevention
adviser/occupational
doctor to which she presents
the situation determines a
risk;
4) Has not subjected the
worker who had a baby or is
breastfeeding and for whom
measures were taken with a
view to adapt the working
conditions as a
consequence of the risks for
her safety or health or that
of her child, to health
surveillance at the latest 8
days after resuming work;
5) Has not informed the
prevention
adviser/occupational
doctor immediately and as
soon as he was informed of
the situation of the worker;
The employer who has not
included the results of the
evaluation and the general
measures to be taken in a
written document that is
presented to the OSH
Committee for advice or, in its
absence to workers´
representatives and who has not
informed the workers of these
results.
(Article 126 Social Criminal
Code)
Level 1
/
Level 1
An administrative fine of 10 to
100 EUR.
Council Directive 91/383/EEC (temporary workers)
The employer or his
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
Level 3 Level 3
Council Directive 94/33/EC (young people at work)
Child labour for which no Level 4 Level 4
Milieu Ltd
Brussels
Country Summary Report for Belgium / 195
Offence under national
legislation
Criminal sanctions (and quasi-
criminal when relevant) – Types
and levels of penalties
Administrative sanctions – Types
and levels of penalties
exception is allowed. (Article 134
Social Criminal Code)
Infringements of the
requirements for professional
young sportsmen on payroll
(Article 135 Social Criminal
Code)
Employing young workers in one
of the prohibited employments
for young workers, such as in the
mineral-extracting industry
(Article 137 Social Criminal
Code)
Imprisonment of 6 months to
three years and a criminal fine of
600 to 6000 EUR or one of these
sanctions individually. Moreover,
the pecuniary fine shall be
multiplied by the number of
children concerned.
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
An administrative fine of 300 to
3000 EUR.
Enforcement actions
Table 5- 6 Total number of infringements which resulted in legal action
129
Total number of infringements which resulted in
legal action
Of the total number of registered infringements
(7619 between 2005 and 2012), 30% resulted in
criminal prosecution or in a settlement (see more
detailed numbers in Table 5.5).
The National Implementation Report for Belgium
identifies the following numbers of court cases
having resulted in legal action130:
2007 2008 2009 2010 2011 2012
537 542 246 225 237 156
The national authorities specified during interviews
that “resulting in legal actions” covered criminal
proceedings only.
Stakeholders acknowledged the limited number of
labour cases going to courts. According to them,
the insurance schemes are such that once the
victim has received compensation, legal
proceedings are stopped. Criminal proceedings
are only engaged where the victim is not covered
by insurance schemes and hence need to
demonstrate evidence of damage and fault in
order to obtain compensation through civil liability
schemes. Such cases concern mostly undeclared
workers and mock independents.
Other data on the number of court cases specific
to OSH issues in the period 2007-2012
See table below.
Detailed breakdown of cases resulting in legal and administrative action from 2005-2012
131
Total number of infringements which resulted in legal action
129 FPS ELS (AD TWW), Annual Report, 2012. and National Implementation Report, Part A, Section 1. 130 National Implementation Report, Part A, Section 1. 131 Detailed breakdown developed on the basis of FPS ELS (AD TWW), Annual Reports.
Milieu Ltd
Brussels
Country Summary Report for Belgium / 196
Type/Year Until
2009
% 2010 % 2011 % 2012 % TOT %
Number of reported
infringements
5180 100% 908 100% 826 100% 705 100% 7619 100%
Number of reported
infringements which resulted in
criminal prosecution or for
which settlement was reached
1708 33% 224 25% 205 25% 130 18% 2267 30%
Number of reported
infringements waiting to be
assessed by the Labour
Inspectorate
970 19% 214 24% 263 32% 435 62% 1882 25%
Number of reported
infringements without further
action by the judiciary and
sent to the administrative
department
2502 48% 470 52% 358 43% 140 20% 3470 46%
Number of reported
infringements without further
action
619 26% 50 15% 22 13% 0 - 691 24%
Number of reported
infringements concluded by
administrative fine
1740 74% 275 85% 147 87% 0 - 2162 76%
Number of reported
infringements still being
treated
143 6% 145 31% 189 53% 140 100% 617 18%
N.B. The table reflects situation on 13 May 2013 relating to all registered infringements from 2005
Milieu Ltd
Brussels
Country Summary Report for Belgium / 197
6 MAPPING QUESTION 6: SPECIFIC GROUPS OF WORKERS
No specific approaches to vulnerable groups are taken in Belgium beyond the requirements set out in
the transposed Directives, with the exception of legislation on the protection of trainees (young
workers) and the Law on the Generation Solidarity Pact, aimed at older workers and young workers.
In addition, several guidance documents address specific vulnerable groups, namely young workers
and children, ageing workers, disabled workers, part-time workers, temporary workers, parents and
pregnant women. The number of initiatives on older or ageing workers is substantive.
The table 6-1 below provides an overview of the documents, including legislation, strategies,
guidelines, roadmaps or plans, as well as other documents addressing the question of risk factors for
vulnerable groups.
Milieu Ltd
Brussels
Country Summary Report for Belgium / 198
Table 6- 1 Tools addressing risk factors for all vulnerable groups
Document
Targ
et
gro
up
(if a
ny
)
Pre
gn
an
cy
; B
rea
stfe
ed
ing
Me
nst
rua
l d
iso
rde
rs; M
en
op
au
se
Re
du
ce
d p
hy
sic
al c
ap
ab
ilitie
s
Ad
ditio
na
l n
on
-wo
rk a
ctiv
itie
s
Pa
rt-t
ime
jo
bs;
Pre
ca
rio
us
co
ntr
ac
t
Na
tura
l d
ete
rio
ratio
n o
f p
hy
sic
al
an
d m
en
tal c
ap
ac
itie
s
Lon
ge
r re
co
ve
ry t
ime
Lon
ge
r e
xp
osu
re t
o o
cc
up
atio
na
l
ha
zard
s
Inc
rea
sed
ris
k o
f d
ev
elo
pin
g
lon
g-t
erm
or
ch
ron
ic illn
ess
es
or
dis
ab
ilitie
s
Diffe
ren
t ri
sks
fac
ed
by
dis
ab
led
wo
rke
rs
Co
mb
ine
d o
cc
up
atio
na
l ri
sk
fac
tors
Less
aw
are
ne
ss o
f th
e r
isk
s
am
on
gst
ne
w w
ork
ers
Lac
k o
f a
wa
ren
ess
of lo
ng
-
late
nc
y o
cc
up
atio
na
l d
ise
ase
s
Wo
rk a
rra
ng
em
en
ts
Lan
gu
ag
e b
arr
iers
Fe
ar
of a
uth
ori
tie
s
Lac
k o
f O
SH
tra
inin
g
Lac
k o
f fa
milia
rity
with
th
e
wo
rkin
g e
nv
iro
nm
en
t
Legislation (Royal
Order of 21
September 2004 on
the protection of
trainees)
Young workers
(trainees) v
v v v v v v
Projects (Website
“Safe Start”)
Young workers v v v v
Guidance (Keys for
regulation of child
labour) 11/2009132
Children v
Guidance (Age-
conscious
employment policy
– psychosocial
risks)11/2012 133
Ageing workers v v
Guidance (Tools for
obtaining better
Ageing workers v v
132 FPS ELS AD TWW, Keys for … Regulation of work of children, November 2009, available online at : http://www.emploi.belgique.be/publicationDefault.aspx?id=3620. 133 European Union, DG – Employment, Age-conscious employment policy – psychosocial risks (Leeftijdsbewust personeelsbeleid aanpakken - Psychosociale risico's), 2012, Guidance
document for an age-conscious employment policy setting out aspects to consider and existing practices, published by DG Employment,
http://www.werk.belgie.be/publicationDefault.aspx?id=37978
Milieu Ltd
Brussels
Country Summary Report for Belgium / 199
Document
Targ
et
gro
up
(if a
ny
)
Pre
gn
an
cy
; B
rea
stfe
ed
ing
Me
nst
rua
l d
iso
rde
rs; M
en
op
au
se
Re
du
ce
d p
hy
sic
al c
ap
ab
ilitie
s
Ad
ditio
na
l n
on
-wo
rk a
ctiv
itie
s
Pa
rt-t
ime
jo
bs;
Pre
ca
rio
us
co
ntr
ac
t
Na
tura
l d
ete
rio
ratio
n o
f p
hy
sic
al
an
d m
en
tal c
ap
ac
itie
s
Lon
ge
r re
co
ve
ry t
ime
Lon
ge
r e
xp
osu
re t
o o
cc
up
atio
na
l
ha
zard
s
Inc
rea
sed
ris
k o
f d
ev
elo
pin
g
lon
g-t
erm
or
ch
ron
ic illn
ess
es
or
dis
ab
ilitie
s
Diffe
ren
t ri
sks
fac
ed
by
dis
ab
led
wo
rke
rs
Co
mb
ine
d o
cc
up
atio
na
l ri
sk
fac
tors
Less
aw
are
ne
ss o
f th
e r
isk
s
am
on
gst
ne
w w
ork
ers
Lac
k o
f a
wa
ren
ess
of lo
ng
-
late
nc
y o
cc
up
atio
na
l d
ise
ase
s
Wo
rk a
rra
ng
em
en
ts
Lan
gu
ag
e b
arr
iers
Fe
ar
of a
uth
ori
tie
s
Lac
k o
f O
SH
tra
inin
g
Lac
k o
f fa
milia
rity
with
th
e
wo
rkin
g e
nv
iro
nm
en
t
insight in ageing at
work) 03/2009134
Guidance
(Answering to
stereotypes on
ageing workers)135
Ageing workers v v
Guidance (Keys for
first job) 09/2013136
Young
(unexperienced)
workers
v v v v
Guidance (Keys for
part-time
work)12/2010137
Part-time
workers
v
Guidance (Keys for
reasonable
accommodation
measures for
Disabled workers v v v
134 FPS ELS (AF HUA), Tools for obtaining better insight in ageing at work (Hulpmiddelen om meer inzicht te krijgen in het ouder worden op het werk), 2009,
http://www.werk.belgie.be/publicationDefault.aspx?id=24144 135 FPS ELS (AD HUA), Answering to stereotypes on ageing workers (Antwoord op de stereotypen betreffende de oudere werknemer), 2006,
http://www.werk.belgie.be/publicationDefault.aspx?id=6138 136 FPS ELS (AD HUA), Keys for first job (Wegwijs in de eerste job), September 2013, http://www.werk.belgie.be/publicationDefault.aspx?id=3604 137 FPS ELS (AD HUA) Keys for part time job (Wegwijs in de deeltijdse arbeid), http://www.werk.belgie.be/publicationDefault.aspx?id=3600
Milieu Ltd
Brussels
Country Summary Report for Belgium / 200
Document
Targ
et
gro
up
(if a
ny
)
Pre
gn
an
cy
; B
rea
stfe
ed
ing
Me
nst
rua
l d
iso
rde
rs; M
en
op
au
se
Re
du
ce
d p
hy
sic
al c
ap
ab
ilitie
s
Ad
ditio
na
l n
on
-wo
rk a
ctiv
itie
s
Pa
rt-t
ime
jo
bs;
Pre
ca
rio
us
co
ntr
ac
t
Na
tura
l d
ete
rio
ratio
n o
f p
hy
sic
al
an
d m
en
tal c
ap
ac
itie
s
Lon
ge
r re
co
ve
ry t
ime
Lon
ge
r e
xp
osu
re t
o o
cc
up
atio
na
l
ha
zard
s
Inc
rea
sed
ris
k o
f d
ev
elo
pin
g
lon
g-t
erm
or
ch
ron
ic illn
ess
es
or
dis
ab
ilitie
s
Diffe
ren
t ri
sks
fac
ed
by
dis
ab
led
wo
rke
rs
Co
mb
ine
d o
cc
up
atio
na
l ri
sk
fac
tors
Less
aw
are
ne
ss o
f th
e r
isk
s
am
on
gst
ne
w w
ork
ers
Lac
k o
f a
wa
ren
ess
of lo
ng
-
late
nc
y o
cc
up
atio
na
l d
ise
ase
s
Wo
rk a
rra
ng
em
en
ts
Lan
gu
ag
e b
arr
iers
Fe
ar
of a
uth
ori
tie
s
Lac
k o
f O
SH
tra
inin
g
Lac
k o
f fa
milia
rity
with
th
e
wo
rkin
g e
nv
iro
nm
en
t
disabled
workers)03/2005138
Guidance ( Keys to
work in coupon-
services system)
12/2010139
Temporary, high
flexibility workers
Agency workers
v v v v
Guidance (Keys to
becoming a
working
parent)14010/2012
Women
Parents
v v v v v
Guidance (Carry
on or start over a
professional activity
for workers over
50yo), 02/2012141
Ageing workers v
138 FPS ELS (AD HUA) Keys for reasonable accommodation measures for disabled workers (Wegwijs in de redelijke aanpassingen ten behoeve van personen met een handicap op het werk),
March 2005, http://www.werk.belgie.be/publicationDefault.aspx?id=3616 139 FPS ELS (AD HUA) Keys to work in coupon-services system (Wegwijs in werken in het stelsel van de dienstencheques), December 2010,
http://www.werk.belgie.be/publicationDefault.aspx?id=3648 140 FPS ELS (AD HUA) Keys to becoming a working parent (Wegwijs in werk en ouderschap), October 2012, http://www.werk.belgie.be/publicationDefault.aspx?id=5572 141 FPS ELS (AD HUA) Carry on or start over a professional activity for workers over 50 years old (Het verderzetten of hervatten van de beroepsactiviteit na uw 50e), February 2012,
http://www.werk.belgie.be/publicationDefault.aspx?id=32198
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Document
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Form and platform
(Maternity leave)142
Pregnant
workers
v
CCT 91143 Older workers v v v
CCT 104144 Older workers v v v
Law on the
Generation
Solidarity Pact145
Older workers +
youth workers
v v
Guide on Age
Management in
Companies146
Older workers v v v
142 FPS ELS (AD HUA) Maternity leave (Moederschapsverlof), http://www.werk.belgie.be/detailA_Z.aspx?id=818 143 Collective Bargaining Agreement (Convention Collective de travail) 91 (20.12.2007) on the additional compensation in case of dismissal of older, less able workers with serious physical
problems 144 Collective Bargaining Agreement (Convention Collective de travail) 104 (27.06.2012) on the implementation of an Action Plan for the Employment of older workers in the company 145 The Generation Pact, concluded by social partners, and subsequently adopted as a law, includes 66 employment measures to favour youth employment and maintain older workers longer at
work. Seventeen of the measures apply specifically to older workers (40+). Several of these initiatives have an OSH focus 146 The guide sur la gestion des âges en entreprise) targets among others HR managers, prevention councillors and members of the occupational prevention and protection committees. The guide
intends to raise awareness of Belgian companies to the issue of age management and presents possible measures and common barriers for the implementation of age management barriers
through the experience of 45 Belgian companies of different sizes and sectors
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7 MAPPING QUESTION 7: SMEs AND MICRO-ENTERPRISES
This question focuses on the identification of measures adopted by Member States in order to assist
SMEs and micro-enterprises in the implementation of OSH requirements. Measures provided by other
actors, such as social partners, are not included. The concept of ‘measures’ is considered as covering
national legislation and soft measures, i.e. incentives. Other measures such as guidance are included in
section 4.
Three elements should be checked for each Directive:
Exemptions: are there thresholds of number of employees to be exempted from certain key
requirements? If so, what are the thresholds? To what requirements does it apply?
Lighter regime: are certain norms/ regulatory standards provided by law differentiated for
SMEs?
Incentives: have financial measures/tax reductions been adopted to support SMEs?
The results are summarised in Table 7-1 and then detailed in Table 7-2. It should be taken into account
that the SME measures laid down in the national legislation transposing the Framework Directive are
equally applicable to all of the transpositions of the other OSH individual Directives.
In Belgium, different types of internal services of protection and prevention are prescribed depending
on the size of the enterprise. For smaller companies, there is no obligation to set up a consultation
committee. Finally, a recent legislation differentiates the price of the services provided by external
services depending on the main activity and the size of the enterprise, with a smaller rate for very
small companies (between 1 and 5 workers). Table 7- 1 Overview of measures targeting SMEs and micro-enterprises
According to NIR 2013, “In various fields, Belgium classifies enterprises into groups (A, B, C and D)
depending on the scale of the risk and the number of workers (Article 3(1) of the Royal Decree of 27
March 1998 on the in-house service for prevention and protection at work). This classification in
particular determines what training is to be given to the in-house prevention advisers that enterprises
must have, which in its turn determines the well-being tasks for which the expertise of an external
prevention service has to be called upon. Risk assessment, which underpins all policy on health and
safety, is the basis for prevention in all enterprises. If the risk assessment shows, for instance, that
workers are exposed to certain risks (such as biological/physical/chemical agents), they should be
subject to more frequent and more extensive health surveillance. External prevention and protection
services offer considerable help for small enterprises, and specific risk approaches, such as the
SOBANE strategy, have been drawn up.”147
Exemptions Lighter regime Incentives
Directive 89/391/EEC (FW)
-
Directive 89/654/EEC (workplace)
- - -
Directive 2009/104/EC (work equipment)
- - (non-financial)
Council Directive 89/656/EEC (PPE)
- - -
Council Directive 92/58/EEC (OSH signs)
147 See National Implementation Report, Part A, Section I, 2.7, (EN) p.12.
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Exemptions Lighter regime Incentives
- - -
Directive 1999/92/EC (ATEX)
- - (non-financial)
Council Directive 90/269/EEC (manual handling of loads)
- - (non-financial)
Council Directive 90/270/EEC (display screen equipment)
- - (non-financial)
Directive 2002/44/EC (vibration)
- -
Directive 2003/10/EC (noise)
- -
Directive 2004/40/EC (electromagnetic fields)
N/A N/A N/A
Directive 2006/25/EC (artificial optical radiation)
- -
Directive 98/24/EC (chemical agents)
- - -
Directive 2004/37/EC (carcinogens or mutagens)
- - -
Directive 2009/148/EC (asbestos)
- - -
Directive 2000/54/EC (biological agents)
- - -
Council Directive 92/57/EEC (temporary or mobile construction sites)
- - -
Council Directive 92/104/EEC (surface and underground mineral-extracting industries)
- - -
Council Directive 92/91/EEC (mineral-extracting industries through drilling)
- - -
Council Directive 92/29/EEC (medical treatment on board vessels)
- - -
Council Directive 93/103/EC (work on board fishing vessels)
- -
Council Directive 92/85/EEC (pregnant/breastfeeding workers)
- - -
Council Directive 91/383/EEC (temporary workers)
- - (non-financial)
Council Directive 94/33/EC (young people at work)
- - -
Table 7- 2 Description of measures targeting SMEs and micro-enterprises
Exemptions Lighter regime Incentives
Directive 89/391/EEC (FW)
- As suggested by Art.
7, al. 7 of the
Directive, the ISPP RD
prescribes different
types of internal
services of
protection and
prevention
depending on the
The ESPP RD provides for reduced costs
related to the use of ESPPs by very small
enterprises (Art. 13 septies). For further
details see Table 3-2 – Approaches to
compliance.
The Funds for national diseases offers the
services of technical experts for assessing
physical agents such as e.g. noise,
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Exemptions Lighter regime Incentives
size of the enterprise
(Art. 3, 9, 10, 11 and
22). For further details
see Table 3-2 –
Approaches to
compliance.
Belgian legislation
requires companies
employing more
than 50 workers to
establish a
consultation
committee for the
prevention and
protection of work
(CPP RD). The
consultation
committee is either
elected by the
workers or based on
the union delegation
present in the
company. If neither
of these options is
possible given the
limited number of
workers (less than 20
workers), the
employer must enter
consultation with
workers when
designing and
implementing the
OSH policy of the
company (Article 53
OHS Law and CPP
RD).
vibration, AOR as part of a programme of
preventive advices148.
Directive 89/654/EEC (workplace)
- - -
Directive 2009/104/EC (work equipment)
- - non-financial incentive: The extent of the
resources to be used to achieve the
objectives of the regulations is determined
from the risk assessment. If the work
equipment being used in an SME entails
few risks, the resources that must be used
to curb these risks may also be limited.149
Council Directive 89/656/EEC (PPE)
- - -
Council Directive 92/58/EEC (OSH signs)
- - - Directive 1999/92/EC (ATEX)
- - non-financial incentive: The DG CBE has
undertaken various national inspection
148 Funds for national diseases, Preventive advice programme, http://www.fmp-
fbz.fgov.be/web/content.php?lang=fr&target=workers#/prevention-advise-for-business 149 See National Implementation Report 2013, Part A, Section I, 2.7, (EN) p.20.
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Exemptions Lighter regime Incentives
campaigns with partners (professional
federations, etc.) as part of the national
inspection strategy in those sectors in
which ATEX is a particular problem,
including cabinet-making in 2011 and
vehicle paint spray booths in 2012. A
Sobane pamphlet on the ‘risk of explosion
and fire’ has been drawn up and study
days and information sessions organised by
the AD HUA. The Sobane pamphlet is
available free of charge.150
Council Directive 90/269/EEC (manual handling of loads)
- - non-financial incentive: SMEs have few or
no prevention specialists, in particular
ergonomic prevention advisers, for various
reasons: the two main reasons are the cost
that a specialist’s work represents for an
SME and the small number of specialists
available.
The FPS Employment is of the view that a
sectoral approach is needed if prevention
is to be taken up by SMEs. The FPS
Employment has therefore drawn up
information pamphlets, by sector of
activity, on the prevention of MSDs in A5
format aimed directly at employers and
workers. At present, close on 25 pamphlets
for 25 sectors or trades are available in
French and Dutch.
The websites and in particular the thematic
pages dealing with ergonomics and MSDs
on the information website
www.beswic.be:
-
http://www.beswic.be/fr/topics/ergonomie
- http://www.beswic.be/fr/topics/msa-tms
Moreover, simple and participatory
methods for risk and workstation
assessment have been developed for over
30 sectors of activity (Déparis guides to the
SOBANE strategy, www.sobane.be). These
give SMEs an opportunity to discuss
solutions through which stresses can be
reduced and working conditions improved
with their workers.151
Council Directive 90/270/EEC (display screen equipment)
- - non-financial incentive: Idem
Directive 2002/44/EC (vibration)
- - The Funds for national diseases offers the
services of technical experts for assessing
physical agents such as e.g. noise,
vibration, AOR as part of a programme of
preventive advices152.
Directive 2003/10/EC (noise)
150 See National Implementation Report 2013, Part A, Section II, (EN) p.62. 151 See National Implementation Report 2013, Part A, Section I, 2.7, (EN) p.25. 152 Funds for national diseases, Preventive advice programme, http://www.fmp-
fbz.fgov.be/web/content.php?lang=fr&target=workers#/prevention-advise-for-business
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Exemptions Lighter regime Incentives
- - The Funds for national diseases offers the
services of technical experts for assessing
physical agents such as e.g. noise,
vibration, AOR as part of a programme of
preventive advices153.
Directive 2004/40/EC (electromagnetic fields)
N/A N/A N/A
Directive 2006/25/EC (artificial optical radiation)
- - The Funds for national diseases offers the
services of technical experts for assessing
physical agents such as e.g. noise,
vibration, AOR as part of a programme of
preventive advices154.
Directive 98/24/EC (chemical agents)
- - -
Directive 2004/37/EC (carcinogens or mutagens)
- - -
Directive 2009/148/EC (asbestos)
- - -
Directive 2000/54/EC (biological agents)
- - -
Council Directive 92/57/EEC (temporary or mobile construction sites)
- - -
Council Directive 92/104/EEC (surface and underground mineral-extracting industries)
- - -
Council Directive 92/91/EEC (mineral-extracting industries through drilling)
- - -
Council Directive 92/29/EEC (medical treatment on board vessels)
- - -
Council Directive 93/103/EC (work on board fishing vessels)
- - In Belgium, Previs is a project subsidised by
the Government to promote occupational
health and safety prevention policy on
board fishing vessels in conjunction with the
industry with a view to reducing the
number of accidents on board fishing
vessels.
The Fishery Fund and the SDVO
(Foundation for the Development of
Sustainable Fishing) are institutions
subsidised by the Government to promote
safety on board fishing vessels.155
Council Directive 92/85/EEC (pregnant/breastfeeding workers)
- - -
Council Directive 91/383/EEC (temporary workers)
- - non-financial incentive: Prévention et
Intérim [Prevention and Temporary Work], a
non-profit association managed on a joint
basis, has posted several templates for
workstation information sheets for various
sectors on its website, with a view to
supporting prevention policy within
153 Funds for national diseases, Preventive advice programme, http://www.fmp-
fbz.fgov.be/web/content.php?lang=fr&target=workers#/prevention-advise-for-business 154 Funds for national diseases, Preventive advice programme, http://www.fmp-
fbz.fgov.be/web/content.php?lang=fr&target=workers#/prevention-advise-for-business 155 See National Implementation Report, Part A, Section II, (EN) p.56.
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Exemptions Lighter regime Incentives
enterprises (see http://www.p-
i.be/fr/fiches/fiche-sur-le-poste-de-travail/).
These templates are especially useful for
SMEs which may use the support offered to
carry out a risk assessment of workstations
for temporary workers.156
Council Directive 94/33/EC (young people at work)
- - -
NIR 2013 further mentions the following: “Support for SMEs takes three forms: the external services
for prevention and protection at work, which can make the necessary expertise available, an
appropriate form of workers’ participation, and the SOBANE strategy. It is not mandatory to have a
CPPT in enterprises with fewer than 50 workers. There are, however, measures to involve workers in
policy on well-being in smaller enterprises; the Committee’s tasks are to be undertaken by the trade
union delegation (Article 53 of the Law on well-being at work), and, if there is no trade union
delegation, all workers are to participate directly in policy on well-being. The procedures for this
participation are set out in the Royal Decree of 3 May 1999 on Committees for Prevention and
Protection at Work. (...) specific measures to take account, for instance, of the specific situation of
small and medium-sized enterprises are possible in principle, but such measures have not (as yet) been
implemented. Special information sessions for SMEs have been run with the Provinces: a research
project on OIRA among hairdressers has been launched as a pilot project; there is already interest in
OIRA in a number of sectors such as woodworking and construction which is being supported by the
FPS – Employment, Labour and Social Dialogue and the social partners.”157
156 See National Implementation Report, Part A, Section II, (EN) p.33. 157 See National Implementation Report, Part A, Section I, 2.7, (EN) p.7-8.
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ANNEX I – BIBLIOGRAPHY
Reports
EU-OSHA – European Agency for Safety and Health at Work, Qualitative post-test evaluation
of ESENER (ESENER Post-Test). Luxembourg, 2013. Available at:
https://osha.europa.eu/en/publications/reports/qualitative-post-test-evaluation-of-esener-
overview-report/view
National Implementation Report, Federal Public Service for Employment, Labour and Social
Dialogue, December 2013.
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Control of Well-Being at Work, Annual Report on the Control of Well-Being at Work,
2007, http://www.emploi.belgique.be/publicationDefault.aspx?id=21706
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Control of Well-Being at Work, Annual Report on the Control of Well-Being at Work,
2008, http://www.emploi.belgique.be/publicationDefault.aspx?id=24820
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Control of Well-Being at Work, Annual Report on the Control of Well-Being at Work,
2009, http://www.emploi.belgique.be/rapportannuelCBE2009.aspx
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Control of Well-Being at Work, Annual Report on the Control of Well-Being at Work,
2010, http://www.emploi.belgique.be/publicationDefault.aspx?id=36267
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Control of Well-Being at Work, Annual Report on the Control of Well-Being at Work,
2011, http://www.emploi.belgique.be/publicationDefault.aspx?id=38458
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Control of Well-Being at Work, Annual Report on the Control of Well-Being at Work,
2012, http://www.emploi.belgique.be/publicationDefault.aspx?id=40513
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Humanisation of Work, Annual Report on the Promotion of Well Being at Work, 2007,
http://www.emploi.belgique.be/publicationDefault.aspx?id=21706
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Humanisation of Work, Annual Report on the Promotion of Well Being at Work, 2008,
http://www.emploi.belgique.be/publicationDefault.aspx?id=24820
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Humanisation of Work, Annual Report on the Promotion of Well Being at Work, 2009,
http://www.emploi.belgique.be/rapportannuelCBE2009.aspx
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Humanisation of Work, Annual Report on the Promotion of Well Being at Work, 2010,
http://www.emploi.belgique.be/publicationDefault.aspx?id=36267
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Humanisation of Work, Annual Report on the Promotion of Well Being at Work, 2011,
http://www.emploi.belgique.be/publicationDefault.aspx?id=38458
High Council for Employment, Annual Report, 2007,
http://www.emploi.belgique.be/publicationDefault.aspx?id=10024
High Council for Employment, Annual Report, 2008,
http://www.emploi.belgique.be/rapportCSE2008.aspx
High Council for Employment, Annual Report, 2009,
http://www.emploi.belgique.be/rapportcse2009.aspx
High Council for Employment, Annual Report, 2010,
http://www.emploi.belgique.be/publicationDefault.aspx?id=30328
High Council for Employment, Annual Report, 2011,
http://www.emploi.belgique.be/publicationDefault.aspx?id=34700
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High Council for Employment, Annual Report, 2012,
http://www.emploi.belgique.be/publicationDefault.aspx?id=36948
High Council for Employment, Annual Report, 2013,
http://www.emploi.belgique.be/publicationDefault.aspx?id=39096
High Council for Employment, Annual Report, 2014,
http://www.emploi.belgique.be/publicationDefault.aspx?id=41752
Senior Labour Inspectors Committee, Annual report 2012,
http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetailDoc&id=10
037&no=1
Strategies
Federal Public Service for Employment, Labour and Social Dialogue, National Strategy for
the Well-Being at Work 2008-2012,
http://www.beswic.be/fr/systems/nationale_strategie_FR.pdf
Federal Public Service for Employment, Labour and Social Dialogue, Evaluation of the
National Strategy for the Well-Being at Work 2008-2012, 2013,
http://www.emploi.belgique.be/moduleDefault.aspx?id=39435
Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Control of Well-Being at Work, Inspection Campaigns, 2009-2013,
http://www.beswic.be/fr/campaigns
Studies
Prevent, Socio-economic costs of accidents at work and work-related ill health, November
2011, file:///C:/Users/lm/Downloads/BenOsh_Publication_DEF.pdf
Vandenbrande, Vandekerckhove, Vendramin, Valenduc, Huys, Van Hootegem, Hansez,
Vanroelen, Puig-Barrachina, Bosmans & De Witte, Quality of work and employment in
Belgium, February 2013, http://www.vub.ac.be/SOCO/demo/papersonline/R1456a_en.pdf
Websites
Platform Beswic, http://www.beswic.be/fr/
Safestart, http://www.safestart.be/fr/front-page
FPS ELS, Project studies, http://www.emploi.belgique.be/projetsderecherche/
SOBANE Strategies, http://www.sobane.be/sobane/home.aspx?LangType=2060
Deparis tools, http://www.deparisnet.be/
OIRA project, http://www.oiraproject.eu/
ESENER Survey, https://osha.europa.eu/fr/esener-enterprise-survey/enterprise-survey-esener
FPS ELS, Statistics, http://www.emploi.belgique.be/moduleDefault.aspx?id=21166
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ANNEX II – INTERVIEWS
How many
interviews…
… in total … with national
authorities
… with labour
inspectorates
… with workers’
representatives
… with employers’
representatives
… with research
institutes, academia,
OSH professional bodies,
etc.
Contacted Completed Contacted Completed Contacted Completed Contacted Completed Contacted Completed Contacted Completed
BE 31 24 8 7 1 1 8 7 5 2 9 7
This table details all the interviews that were completed with Belgian stakeholders, and includes as well the number of stakeholders contacted for these
interviews. A further distinction is made on the basis of the category of stakeholders.
The Belgian expert has succeeded in covering a balanced representation of the stakeholder groups. With regard to the labour inspectorates, the expert has
interviewed the head of the national (federal) labour inspectorate and asked this person whether she was allowed to interview as well other labour inspectors.
However, due to the time constraints inherent to this project, there was absolutely no time left to even contact additional labour inspectors.
It should be mentioned that some of our stakeholders did not want to be identified. For confidentiality reasons, we cannot name the persons interviewed.
Finally, it needs to be stressed that most of the interviewees preferred to answer about “OSH legislation in general” and they answered from their specific
background. As they are not lawyers, they can’t point to a particular Directive or to particular national legislation, but they do have a perfect overview of OSH
legislation on what is relevant to their specific sector. In this sense, the “whole acquis” approach has been reached.