Evaluation of the EU Occupational Safety and Health Directives

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

http://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


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


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


Table 1- 10 Directive 2002/44/EC (vibration) - Observed discrepancies, more stringent and


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


Table 1- 13 Directive 2006/25/EC (artificial optical radiation) - Observed discrepancies, more


Table 1- 14 Directive 2004/37/EC (carcinogens or mutagens) - Observed discrepancies, more


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


Table 1- 17 Directive 2000/54/EC (biological agents) - Observed discrepancies, more


Table 1- 18 Council Directive 92/57/EEC (temporary or mobile construction sites) - Observed


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


Table 1- 22 Council Directive 93/103/EC (work on board fishing vessels) - Observed


Table 1- 23 Council Directive 92/85/EEC (pregnant/breastfeeding workers) - Observed


Table 1- 24 Council Directive 91/383/EEC (temporary workers) - Observed discrepancies,


Table 1- 25 Council Directive 94/33/EC (young people at work) - Observed discrepancies,


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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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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Legislation prior

to transposition

(Y/N)

Infringement

proceedings

health surveillance of employees


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


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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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


betreffende het gebruik van

arbeidsmiddelen voor het hijsen of

heffen van lasten, B.S. 04.06.1999) (LLWE

RD)


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


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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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


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


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


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


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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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


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


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


minimal requirements for improving

safety and health of workers of surface

or underground extractive industries


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


minimal requirements for improving

safety and health of workers in

extractive industries through drilling


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


medical assistance on board vessels


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


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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Legislation prior

to transposition

(Y/N)

Infringement

proceedings

91/383/EEC

(temporary

workers)

and health at work of temporary workers


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


protection of young people at work


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

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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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.



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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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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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?

http://www.securex.eu/lex-go.nsf/vwAllDocs/FE4B9271F2005686C125774500442178/$File/FE4B9271F2005686C125774500442178_01_fr.pdf

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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


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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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.



Directive and the


relation to training of

workers and of the

employees of

subcontractors working at

the workplace.

Is more specific information on the scope of training


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.



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.



Directive and the


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


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.



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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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



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

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Scope and

definitions

The Directive applies to workplaces, but

excludes from its scope of application (a)



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.


has been identified

regarding the information

to be provided to workers

and their representatives.



N. The requirement to inform workers applies indistinctly of the

size of the undertaking or of any other types of conditions

(Workplace RD)


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


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)


Other issues

identified

Minimum health and safety requirements at

the workplace (Annex I and II)




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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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

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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.



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



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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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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regulatory inspections by approved bodies would be

desirable.”15

Information for

workers

Art. 8


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.



relation to information and

instructions to the workers.



N.


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


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




training of workers. 17



N.



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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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



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)


Other issues

identified




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.


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Table 1- 5 Council Directive 89/656/EEC (PPE) - Observed discrepancies, more stringent and more detailed requirements

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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.



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




assessment.


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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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.






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.


discrepancies related to

the training of workers.

Is more specific information on the scope of training on PPE


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



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


Other issues

identified




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.


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Table 1- 6 Council Directive 92/58/EEC (OSH signs) - Observed discrepancies, more stringent and more detailed requirements

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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.



terms of scope and

definitions.


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



informed of all the measures to be taken

concerning the safety and/or health signs

used at work.






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)


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.





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





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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Other issues

identified




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

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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.



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:




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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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)


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)



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


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.



training of workers.



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


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Other issues

identified




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

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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



terms of scope and

definitions.


N.


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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.




assessment.



work involved?

N. Not on the basis of the MHL RD but on the basis of the OSH

RD.


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.



N.



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)





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







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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.


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


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.





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




Directive?

N.


Other issues

identified




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

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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.



work involved?

N.



N.



N.


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)




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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


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).


discrepancies regarding

the information of workers.


specified?

N.

Training of

workers

Art. 6


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.






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



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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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?

N.


N.


Other issues

identified




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


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.


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)



N.



N.


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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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)




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;


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.






N.


specified?

N.

Training of

workers

Art. 6

Same as above There are no observed





N.



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



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.


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.



N.


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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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




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.


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




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


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).



terms of scope and

definitions.


N.

Conducting a

risk

assessment

Art.4


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;


action values;


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;


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?




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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- 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


as far as possible;

- the availability of hearing protectors with

adequate attenuation characteristics.

The employer shall be in possession of the risk

assessment.


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.



N.


in the legislation?

N.




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.



N.


specified?

N.

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the risks from noise,


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






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.




workers.


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?


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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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.


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)



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.


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





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.



terms of limit values.


N.

Other issues

identified




requirements of the

Directive.


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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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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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


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.


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



or automatically?






in the legislation?




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assessment.


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;


health surveillance;

- safe working practices to minimise risks from

exposure




specified?

Training of

workers

Same as above Is more specific information on the scope of training


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Art. 6

Health

surveillance

Art. 8


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


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


prior to exposure to electromagnetic fields?


surveillance requirements after the end of exposure to

electromagnetic fields?






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.


Other issues

identified

Table 1- 13 Directive 2006/25/EC (artificial optical radiation) - Observed discrepancies, more stringent and more detailed requirements

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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



terms of scope and


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


measure and/or calculate the levels of

exposure to optical radiation to which workers

are likely to be exposed


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



to the risk assessment.



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)



N. The factors to be taken into account, content and

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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


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)



N.


in the legislation?

N.




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



the involvement of

preventive and protective

services.


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






N. The information requirements are transposed in a literal

manner (AOR RD)


specified?

N.

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their significance and potential risks;

- how to detect adverse health effects of

exposure and how to report them


health surveillance;

- safe working practices to minimise risks from

exposure;

- proper use of appropriate personal protective

equipment

Training of

workers

Art. 6






N. The training requirements are transposed in a literal manner

(AOR RD)



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




workers.


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.


surveillance requirements after the end of exposure to

artificial optical radiation?



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.



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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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.



N.


law?

N.

Consultation

of workers

Art. 7



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


discrepancies in relation to


N.

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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




requirements of the

Directive.


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

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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.


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




Does the transposing legislation oblige employers to

supply the authorities with information automatically and

not on request?

N.



Directives?

N.


described in the Directives?

N.



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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)



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.




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.


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






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)



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




workers.

Does the national legislation set health surveillance

requirements after the end of exposure?



been exposed to chemical agents32. Such surveillance is

either covered by the employer or by the Occupational

Diseases Fund33. (Carcinogens and mutagens RD)



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)



N.


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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shall be carried out at least once per year. (Carcinogens and

mutagens RD)

Consultation

of workers

Art.13




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



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




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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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.



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


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:





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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


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.



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.



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


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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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 ).




definitions.


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.






Y. The Asbestos RD also requires the duration of exposure to

be assessed. (Asbestos RD)



N.

34 See also National Implementation Report 2013, Part A, Section II, (EN) p.59.

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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)




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.



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




Does the transposing legislation set any additional

information requirements?

N.



N.


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






N.



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.




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.



Y. The health record shall be kept during 40 years after the

end of the exposure.



N.


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.



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



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




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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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;




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'





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?




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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.



N. The Biological Agents RD refers to all risks to the health and

safety of the workers (Biological Agents RD)



N.


in the legislation?

N.




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)


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.



N.


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:






N.



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.




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.



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.



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.


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





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




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

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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*.




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


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.



regard to the information of

workers.



N.


specified?

N.

Training of

workers

N/A N/A N/A

Health

surveillance

N/A N/A N/A

Consultation

of workers

Art. 12


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



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


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size of the work site. RD)


Other issues

identified




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

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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).




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.



regard to the risk

assessment.



or automatically?

N. The requirements of Directive 92/104/EEC are transposed in

a literal manner. (Mineral extraction RD)



Directive?

N.


36 For many more examples, please see National Implementation Report 2013, Part A, Section II, (EN) p. 44-48.

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N.



N.




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




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).






workers.



N.


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.



regard to the training of



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


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.


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.



N. The general requirements of the RD on health surveillance

apply.



N.

Is the periodicity of health surveillance provided in

national law?

N.

Consultation

of workers

Art. 9





N.


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

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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




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.



regard to the risk

assessment.



or automatically?

N.



N. The requirements of Directive 92/91/EEC are transposed in a

literal manner. (Drilling RD)



N.


in the legislation?

N.




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




concerning safety and health at workplaces,

and in particular those relating to the

implementation of Articles 3 (general

obligations), 4 (protection from fire, explosions




workers.



N.


specified?

N.

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and health-endangering atmospheres), 5

(Escape and rescue facilities) and 6

(communication, warning and alarm systems).



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.




workers.



N.



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.


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. The general requirements of the RD on health surveillance

apply.



N.


law?

N.

Consultation

of workers

Art. 9





N.


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

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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.


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


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

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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.


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.






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.


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




workers.


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)



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




N.


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

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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




definitions.


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



regard to the risk

assessment.



N. The risks and factors to be considered listed in Annex I are

transposed without providing more detail (Maternity RD)



N.


in the legislation?

N.




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




workers.



N.


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


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




definitions.


Y. The Law on temporary work provides in more detail which

conditions could lead to a temporary position.


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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



regard to the preventive


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.


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.




workers.



N.


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






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.



regard to the health

surveillance.

Does the transposing legislation require medical

surveillance for all types of temporary workers?

N.



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.



N.


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


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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)


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.


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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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.




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.



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.



automatically?

N.



N.



N.


in the legislation?

N.




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.



regard to the preventive


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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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.




workers.

Is the content or form of information to young workers/legal

representatives of children further specified?

N.

Training of

workers Art.6

(2)





with their work.





points:


to young people. *




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.


provided in the legislation in relation to young workers?

N.

Health

surveillance

Art. 6(2) and

9(3)





with their work.





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;



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.



Y. The general requirements for the health record set out in the

Health Surveillance RD apply.



Y. The general requirements for health surveillance apply for

young people at work. However, the RD specifies that, for

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(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);


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)


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


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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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.


- Art. 5(3)

N - Not applicable in relation to asbestos

removal and fumigations

- N in relation to other types of work


- 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

/ /


(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


(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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protective

services

Information for

workers


surveillance

Consultation of

workers

detailed specific

requirements)


(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

/ /


(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


(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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protective

services

Information for

workers


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


(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


(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


(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


(medical treatment on board

vessels)

/ / / / / /


(work on board fishing vessels)

/ / Annex III, point 4

and 6 Fishing

Vessels RD

Annex III, point 4

Fishing Vessels RD

/ /


(pregnant/breastfeeding

workers)

Art. 4-5 Maternity

RD

/ Art. 6 Maternity RD / Art. 9 Maternity RD

(cross-reference

to Health

Surveillance RD)

/


(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


(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

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protective

services

Information for

workers


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


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.


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.



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


of this derogation.

The worker concerned

shall fulfil the conditions of

eligibility for such benefits

laid down under national

legislation.


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.


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


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.


this derogation.

Art. 7.3. Derogation from the Y Art. 11 of the Young Derogations indispensable Y Art. 11 of the Young workers RD



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





Protection afforded by

Framework Directive is

guaranteed

Y Art. 11 of the Young workers RD





Art. 8.5 Derogations from

limits on the working

hours of children

specified in Article

8.1.(a).


of this derogation.

Derogation is justified by

way of exception


this derogation.

Or Derogation is used

because objective

grounds are provided


this derogation.

Member States shall, by

legislative or regulatory

provision, determine the

conditions, limits and

procedure for

implementing such

derogations.


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,



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;


the context of the

armed forces or the

police;


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



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


of this derogation.

Work is of a temporary

nature and must be

performed immediately


this derogation.

Adult workers are not

available


this derogation.

Adolescents are allowed

equivalent compensatory

rest time within the

following three weeks.


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



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


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


outlines the conditions that must

be met regarding special

circumstances and

guaranteeing conditions on the

minimization of risks.



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.


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


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


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





health surveillance, and

must be reviewed every

four years and withdrawn

as soon as the justifying


obtain. (Art.10.3)


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




accurately reflects the

conditions laid down in Art. 11. 2

of the Directive regarding risk

minimization and increased



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





Review every four years

and withdrawn as soon as

the justifying


obtain.


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.


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


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


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.


Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment

Assessment of the

degree of

compliance







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 %


% 10.87 %


% 11.67 %


% 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


Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment

Assessment of the

degree of

compliance







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%)



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.


Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment

Assessment of the

degree of

compliance







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%)



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.

https://osha.europa.eu/sub/esener/en/front-page/106/005


Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment

Assessment of the

degree of

compliance







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


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%)


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


See row hereunder.

58 FPS ELS (AG TWW), Annual Reports 2007-2012.


Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment

Assessment of the

degree of

compliance







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


% 14.98 %


% 11.09 %


% 5.68 %


% 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%)


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.


Common

Processes and

mechanisms

(across

Directives)

Criteria/indicator

to guide the

assessment

Assessment of the

degree of

compliance







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


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


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.


Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



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


Council Directive

92/58/EEC (OSH signs)

4

(72 %)















(level 4), which was

confirmed by stakeholders.


67 FPS ELS (AG TWW), Annual Reports 2007-2012. 68 FPS ELS (AG TWW), Annual Reports 2007-2012.


Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale


(ATEX)

2

(20-39%)















(level 3).











Council Directive

90/269/EEC (manual

handling of loads)

2

(20-39%)

Idem

The initial assessment led to




Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale

establish the compliance

rate at 86% (level 4).











(vibration)

2

(20-39%)

Idem. Data relates to all

physical factors covering

both noise and vibrations.













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.


Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale


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


(noise)

4

(68%)

Idem. See Table 3-1 on relevant CPM.


(carcinogens or

mutagens)

2

(20-39%)


chemical, carcinogens,

mutagens and biological

agents.










71 National Implementation Report 2013, Part A, Section II, (EN) p. 63.


Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale





Council Directive

98/24/EC (chemical

agents at work)

2

(20-39%)




agents.



(asbestos)

3

(47%)

Idem. Data from annual

inspection reports relates to

all chemical, carcinogens,


agents.



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.



(biological agents)

2

(20-39%)




agents.






Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale










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.



rate at 66% (level 4),







Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale




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%)


maritime and hyperbaric

work.


Council Directive

93/103/EC (work on

board fishing vessels)

3

(49%)


maritime and hyperbaric

work.


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



Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale


rate at 58% (level 3),







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%)


Council Directive

92/85/EEC


workers)

4

(68%)


health surveillance,

maternity protection and

first aid requirements.

Stakeholders confirmed the

initial assessment of

compliance.


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”.


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.


Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale


(72 %)


(ATEX)

2

(20-39%)

Idem See Table 3-1 on relevant CPM.

Council Directive

90/269/EEC (manual

handling of loads)

2

(20-39%)



(vibration)

2

(20-39%)



(noise)

4

(68%)



(carcinogens or

mutagens)

2

(20-39%)


Council Directive

98/24/EC (chemical

agents at work)

2

(20-39%)



(asbestos)

3

(47%)



(biological agents)

2

(20-39%)


Council Directive


mobile construction

sites)

2

(20-39%)


Council Directive

92/29/EEC (medical

3



Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale

treatment on board

vessels)

(49%)

Council Directive

93/103/EC (work on


3

(49%)


Council Directive


workers)

2

(20-39%)


Council Directive


at work)

2

(20-39%)


Council Directive

92/85/EEC


workers)

4

(68%)


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


4

(72 %)



(ATEX)

2

(20-39%)


Council Directive 2 Idem See Table 3-1 on relevant CPM.





Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale

90/269/EEC (manual

handling of loads)

(20-39%)


(vibration)

2

(20-39%)



(noise)

4

(68%)



(carcinogens or

mutagens)

2

(20-39%)


Council Directive

98/24/EC (chemical

agents at work)

2

(20-39%)



(asbestos)

3

(47%)



(biological agents)

2

(20-39%)


Council Directive


mobile construction

sites)

2

(20-39%)


Council Directive

92/29/EEC (medical

treatment on board

vessels)

3

(49%)


Council Directive

93/103/EC (work on


3

(49%)


Council Directive 2 Idem. See Table 3-1 on relevant CPM.


Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale


workers)

(20-39%)

Council Directive


at work)

2

(20-39%)


Council Directive

92/85/EEC


workers)

4

(68%)


Training of workers % of establishment

which provide training

to workers

Council Directive

89/656/EEC (PPE)

3

(40-59%)


Council Directive


4

(72 %)



(ATEX)

2

(20-39%)


Council Directive

90/269/EEC (manual

handling of loads)

2

(20-39%)



(vibration)

2

(20-39%)



(noise)

4

(68%)



(carcinogens or

mutagens)

2

(20-39%)


Council Directive

98/24/EC (chemical

agents at work)

2

(20-39%)



Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale


(asbestos)

3

(47%)



(biological agents)

2

(20-39%)


Council Directive


mobile construction

sites)

2

(20-39%)

Idem

Council Directive

92/29/EEC (medical

treatment on board

vessels)

3

(49%)


Council Directive

93/103/EC (work on


3

(49%)


Council Directive


workers)

2

(20-39%)


Council Directive


at work)

2

(20-39%)


Council Directive

92/85/EEC


workers)

4

(68%)



Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



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).


Council Directive


4

(between 60-

79%)



(ATEX)

4

(between 60-

79%)


Council Directive

90/269/EEC (manual

handling of loads)

4

(between 60-

79%)


Directive 2002/44/EC 3 According to NIR 2013, See Table 3-1 on relevant CPM.





Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



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


(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).



(carcinogens or

mutagens)

4

(between 60-

79%)


Council Directive

98/24/EC (chemical

agents at work)

4

(between 60-

79%)


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.


Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale

(asbestos)

(between 60-

79%)


(biological agents)

4

(between 60-

79%)


Council Directive


mobile construction

sites)

4

(between 60-

79%)


Council Directive

92/29/EEC (medical

treatment on board

vessels)

4

(between 60-

79%)


Council Directive

93/103/EC (work on


4

(between 60-

79%)


Council Directive


workers)

4

(between 60-

79%)


Council Directive


at work)

4

(between 60-

79%)


Council Directive

92/85/EEC


workers)

4

(between 60-

79%)



Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



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,






Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



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


4

(72 %)



(ATEX)

2

(20-39%)


Council Directive

90/269/EEC (manual

handling of loads)

2

(20-39%)



(vibration)

2

(20-39%)



(noise)

4

(68%)



(carcinogens or

mutagens)

2

(20-39%)


Council Directive

98/24/EC (chemical

agents at work)

2

(20-39%)

Idem., See Table 3-1 on relevant CPM.


(asbestos)

3


80 National Implementation Report 2013, Part A, Section II, p. 21.


Common Processes

and mechanisms





the degree of

compliance





available)



of establishment



rationale

(47%)


(biological agents)

2

(20-39%)

Idem.

Council Directive


mobile construction

sites)

2

(20-39%)


Council Directive

92/29/EEC (medical

treatment on board

vessels)

3

(49%)


Council Directive

93/103/EC (work on


3

(49%)


Council Directive


workers)

2

(20-39%)


Council Directive


at work)

2

(20-39%)


Council Directive

92/85/EEC


workers)

4

(68%)



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.


Directive Key

requirement

(Directive

specific)

Estimate of

degree of

compliance








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


All 4

(72 %)

Idem Idem


(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.


Directive Key

requirement

(Directive

specific)

Estimate of

degree of

compliance








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





(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


(noise)

All 4

(68%)

Idem. The differences that exist between





(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



Directive Key

requirement

(Directive

specific)

Estimate of

degree of

compliance








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



Directive Key

requirement

(Directive

specific)

Estimate of

degree of

compliance








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


(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



Directive Key

requirement

(Directive

specific)

Estimate of

degree of

compliance








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


(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


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



Directive Key

requirement

(Directive

specific)

Estimate of

degree of

compliance








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.


Directive Key

requirement

(Directive

specific)

Estimate of

degree of

compliance








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


Directive Key

requirement

(Directive

specific)

Estimate of

degree of

compliance








communication and coordination more

difficult.”89

Council Directive

92/29/EEC (medical

treatment on board

vessels)

All 3

(49%)





Council Directive

93/103/EC (work on


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


workers)

All 2

(20-39%)





Council Directive


at work)

All 2

(20-39%)

Idem. Idem

Council Directive

92/85/EEC


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.


Directive Key

requirement

(Directive

specific)

Estimate of

degree of

compliance








assistance with the risk assessment

process.91

91 National Implementation Report 2013, Part A, Section II, (EN) p.52.


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





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.





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.





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.





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





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.





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.

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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

http://www.beswic.be/

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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


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,


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,


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


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


Hulpmiddelen om meer inzicht te krijgen in het ouder worden op het werk (Tools for obtaining

better insight in ageing at work), 2009,


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,


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

http://www.werk.belgie.be/moduleTab.aspx?id=557&idM=241



http://www.voeljegoedophetwerk.be/












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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,


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.


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,


Machines en handgereedschappen - Reeks SOBANE-strategie (Machinery and equipment –


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.abvv.be/










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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,


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)

/


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,


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.,


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,


Behandeling van lumbago in arbeidsgeneeskunde: aanbevelingen van goede praktijk (Lumbago

treatment in occupational medicine: recommendations of good practice), 2008,


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,


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,


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.


Preventie programma voor lage rugpijn (Prevention of lower back pain), prevention program




http://www.werk.belgie.be/moduleDefault.aspx?id=36600










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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,


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


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,


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,


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,


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,


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),


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



http://www.beswic.be/nl/good_practice/examples/isppc_chu_charleroi/index_html



http://www.beswic.be/nl/campaigns/campaign_vibrations/






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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,


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,


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,


Gevaarlijke chemische producten – Reeks SOBANE-strategie (Hazardous chemical products –


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,


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,










http://www.werk.belgie.be/lesongeval.aspx

http://www.toxischegassen.be/

http://planop.be/nl/

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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


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,


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,


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),

http://www.beswic.be/nl/topics/chemicals_cancerigens_mutagenes_agents/nanotechnology/colloquium_nano

http://www.beswic.be/nl/topics/chemicals_cancerigens_mutagenes_agents/nanotechnology/colloquium_nano

http://www.beswic.be/nl/topics/chemicals_cancerigens_mutagenes_agents/nanotechnology/nanomaterials_report_alone.pdf

http://www.beswic.be/nl/topics/chemicals_cancerigens_mutagenes_agents/nanotechnology/nanomaterials_report_alone.pdf

http://www.acv-online.be/ACVCSC.Internet.GevaarlijkeProdukten.WebUI/Search.aspx?LanguageID=1

http://www.acv-online.be/ACVCSC.Internet.GevaarlijkeProdukten.WebUI/Search.aspx?LanguageID=1



http://navb.constructiv.be/nl/Welzijnsinfo/Publicaties/Zoeken/Detail.aspx?id=%7bC4E6168D-DC6F-4E52-8886-29B36F901822%7d

http://navb.constructiv.be/nl/Welzijnsinfo/Publicaties/Zoeken/Detail.aspx?id=%7bC4E6168D-DC6F-4E52-8886-29B36F901822%7d

http://www.fmp-fbz.fgov.be/web/afa/afa_nl.php

http://www.fmp-fbz.fgov.be/web/afa/afa_nl.php



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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,


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.,


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://navb.constructiv.be/nl/Campagnes_en_acties/Lever_veilig.aspx

http://navb.constructiv.be/nl/Campagnes_en_acties/Kwartsstof.aspx

http://navb.constructiv.be/nl/Campagnes_en_acties/Afwerking.aspx

http://navb.constructiv.be/nl/Campagnes_en_acties/Wegenwerken.aspx

http://navb.constructiv.be/nl/Campagnes_en_acties/Dakwerken/Verloop.aspx

http://navb.constructiv.be/nl/Campagnes_en_acties/Werken_op_hoogte.aspx


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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),


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


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)


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)


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)


advisers

Guidance on conflict prevention at work G A (2009)


advisers

Tools for obtaining better insight in ageing at work G A (2009)


advisers

Guidance on the OSH Law G A (2008)


advisers


http://www.safestart.be/nl

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Name Type

Initiated by


Guidance document om the management of

employment-related risks G A (2007)


advisers

Guide for the diagnosis of relational pain at work IT A (2007)


advisers

Health and Safety at work, Vademecum G SP

Employees, prevention

advisers

Preventive Advice Programme IT A


advisers

Council Directive 89/654/EEC (workplace)

Information notes G A



Thermal environment factors brochure G A (2013)



Electricity – Series SOBANE Strategy G A



Safety (accidents, falling – Series SOBANE Strategy G A



Staff facilities – Series SOBANE Strategy G A



Directive 2009/104/EC (work equipment)

Best practices relating to work equipment G A



Good safety practices in the agriculture sector G A

Workers and employers in

the agricultural sector

Machinery and equipment – Series SOBANE Strategy G A


advisers and employees

Calculation note scaffolding G A


advisers

Explanatory notes G A


advisers


Explanatory notes G A


advisers

Best practices G A


advisers


No Directive specific action available - - -


Risks of fire or explosion– Series SOBANE Strategy G A (2006)



Risks of fire or explosion– Series SOBANE Strategy G A (2006)



Best practices G A


advisers


Best practices G A


advisers

Manual handling of loads – Guide to evaluate and

prevent risks G A (2008)



Identification fiche for risk factors for manual

handling

G A (2008)


advisers, professional

doctors, ergonomists, safety

engineers, members of the

OSH Committees

Musculo-skeletal diseases – Series SOBANE Strategy G A (2007)



Consultation Guide Deparis – home-care – Series G A (2008) Employers, prevention

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Name Type

Initiated by


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


display screen work – Series SOBANE Strategy G A (2006)



Best practice: interactive programme for the set-up

of digital work stations G, IT A Employers and workers


General body vibrations – Series SOBANE Strategy G A



Hand-arm vibrations G A



Prevention campaign « back complaints as a

consequence of vibration » G A Employers and workers


Q&A G A Employers and workers

Noise – Series SOBANE Strategy

G A (2005)


advisers, OSH Committees

and occupational doctors

Best practice G A Employers and workers


Safety manual G A Employers and workers

Safety instructions G A Employers and workers


Artificial optical radiation G A (2011) Prevention advisers and

workers


Best practices G


workers


Best practices G A


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)




Determination of the exposure to welding fume of

stainless steel G A (2005)


occupational doctors

Information notes chemical risks G A



Toxic gasses awareness-raising campaign AR SP (2011)



Planop risk assessment software IT A (2012) Employers

Colloquium Nanomaterials at the workplace

AR A (2010)


advisers, social partners

and workers

Seminar Nanomaterials at the workplace AR A (2011) Employers, prevention

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Name Type

Initiated by


advisers, social partners

and workers

ACV Database of hazardous products IT SP Workers


Q&A G A



Asbestos inventory and management programme G A (2008)


advisers

Asbestos and replacement fibres G SP (2013)


advisers


Best practices G A



Biological agents and health at work: technical

memorandum G A (2007)


advisers

Biological agents – Series SOBANE Strategy

G A (2005)





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)


the roadworks sector

Roof works campaign, NAVB awareness-raising

campaign

AR,

ET

SP(2006-

2009)


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)


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)



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


Interpretative note G A (2006) Employers, prevention

advisers

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Name Type

Initiated by


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.


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


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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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.




Werkgelegenheid, Arbeid en Sociaal Overleg).

Same as FD





Same as FD





Same as FD





Same as FD





Same as FD





Same as FD





Same as FD





Same as FD





Same as FD


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Same as FD





Same as FD





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.





















Same as FD





Same as FD





Same as FD

Federal Public Service Economy (Federale

Overheidsdienst Economie, K.M.O., Middenstand en

Energie)

Ministry





Same as FD

Federal Public Service Economy (Federale

Overheidsdienst Economie, K.M.O., Middenstand en

Energie)

Ministry


Federal Public Service Mobility (Federale

Overheidsdienst Mobiliteit) Ministry


Federal Public Service Mobility (Federale

Overheidsdienst Mobiliteit) Ministry





Same as FD





Same as FD


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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.


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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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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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





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



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


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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legislation






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


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


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.








Level 3


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


EUR.













Level 3


500 EUR.

Obstruction to inspection Level 4





Level 4


3000 EUR.

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legislation













Non-compliance with the

measures imposed by the social

inspectors.

Level 4












Level 4


3000 EUR.


The employer or his




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


EUR. In practice, taking account

of the current multiplication

factor128, this would amount to a

fine of 600 to 6000 EUR.













Level 3


500 EUR. In practice, this would

amount today to a fine of 300 to

3000 EUR.


Same as above.


The employer or his




(see Workplace Directive)

Level 3 Level 3


The employer or his





Level 3 Level 3


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.

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legislation











The employer or his





Level 3 Level 3


The employer or his





Level 3 Level 3


The employer or his





Level 3 Level 3


The employer or his





Level 3 Level 3


The employer or his





Level 3 Level 3


The employer or his





Level 3 Level 3


The employer or his





Level 3 Level 3


The employer or his





Level 3 Level 3


The employer or his





Level 3 Level 3

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legislation







The employer or his





Level 3 Level 3


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


EUR.













2) Level 1

/

1) Level 3


500 EUR.

2) Level 1


100 EUR.


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


EUR.













Level 3


500 EUR.


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


EUR.



Level 3


500 EUR.

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legislation

















The employer or his





Level 3 Level 3


The employer or his





Level 3 Level 3


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


EUR.













Level 3


500 EUR.

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legislation






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


100 EUR.


The employer or his





Level 3 Level 3


Child labour for which no Level 4 Level 4

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legislation






exception is allowed. (Article 134

Social Criminal Code)

Infringements of the

requirements for professional

young sportsmen on payroll


Code)

Employing young workers in one

of the prohibited employments

for young workers, such as in the

mineral-extracting industry


Code)




sanctions individually. Moreover,

the pecuniary fine shall be

multiplied by the number of

children concerned.









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.

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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

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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.

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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

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-

late

nc

y o

cc

up

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na

l d

ise

ase

s

Wo

rk a

rra

ng

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en

ts

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gu

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iers

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uth

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Lac

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rity

with

th

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wo

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g e

nv

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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.safestart.be/fr

http://www.emploi.belgique.be/publicationDefault.aspx?id=3620


Milieu Ltd

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Document

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gro

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(if a

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Ad

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rea

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ris

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ss o

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of lo

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late

nc

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up

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l d

ise

ase

s

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rk a

rra

ng

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ts

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gu

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arr

iers

Fe

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of a

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s

Lac

k o

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tra

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with

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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

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Document

Targ

et

gro

up

(if a

ny

)

Pre

gn

an

cy

; B

rea

stfe

ed

ing

Me

nst

rua

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iso

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rs; M

en

op

au

se

Re

du

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d p

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al c

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Ad

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ine

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l ri

sk

fac

tors

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aw

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ne

ss o

f th

e r

isk

s

am

on

gst

ne

w w

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k o

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wa

ren

ess

of lo

ng

-

late

nc

y o

cc

up

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na

l d

ise

ase

s

Wo

rk a

rra

ng

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en

ts

Lan

gu

ag

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arr

iers

Fe

ar

of a

uth

ori

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s

Lac

k o

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with

th

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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,


Milieu Ltd

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Document

Targ

et

gro

up

(if a

ny

)

Pre

gn

an

cy

; B

rea

stfe

ed

ing

Me

nst

rua

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rs; M

en

op

au

se

Re

du

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d p

hy

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al c

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Ad

ditio

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l ri

sk

fac

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aw

are

ne

ss o

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e r

isk

s

am

on

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ne

w w

ork

ers

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k o

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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

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g

Lac

k o

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with

th

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nv

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t

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)

- - -


- - (non-financial)


- - -


147 See National Implementation Report, Part A, Section I, 2.7, (EN) p.12.

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- - -


- - (non-financial)


- - (non-financial)


- - (non-financial)


- -


- -


N/A N/A N/A


- -

Directive 98/24/EC (chemical agents)

- - -


- - -


- - -


- - -


- - -


- - -


- - -


- - -


- -


- - -


- - (non-financial)


- - -

Table 7- 2 Description of measures targeting SMEs and micro-enterprises


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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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)

- - -


- - 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


- - -


- - - 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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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


- - 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


- - non-financial incentive: Idem


- - The Funds for national diseases offers the






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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N/A N/A N/A







Directive 98/24/EC (chemical agents)

- - -


- - -


- - -


- - -


- - -


- - -


- - -


- - -


- - 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


- - -


- - 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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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


- - -

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






2009, http://www.emploi.belgique.be/rapportannuelCBE2009.aspx











the Humanisation of Work, Annual Report on the Promotion of Well Being at Work, 2007,







http://www.emploi.belgique.be/rapportannuelCBE2009.aspx







High Council for Employment, Annual Report, 2007,



http://www.emploi.belgique.be/rapportCSE2008.aspx


http://www.emploi.belgique.be/rapportcse2009.aspx





https://remote.milieu.be/owa/redir.aspx?C=0e1edda1d46043898bd37c4ca1175023&URL=https%3a%2f%2fosha.europa.eu%2fen%2fpublications%2freports%2fqualitative-post-test-evaluation-of-esener-overview-report%2fview

https://remote.milieu.be/owa/redir.aspx?C=0e1edda1d46043898bd37c4ca1175023&URL=https%3a%2f%2fosha.europa.eu%2fen%2fpublications%2freports%2fqualitative-post-test-evaluation-of-esener-overview-report%2fview



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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


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


http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetailDoc&id=10037&no=1

http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetailDoc&id=10037&no=1

http://www.beswic.be/fr/systems/nationale_strategie_FR.pdf

http://www.beswic.be/fr/campaigns

file:///C:/Users/lm/Downloads/BenOsh_Publication_DEF.pdf

http://www.vub.ac.be/SOCO/demo/papersonline/R1456a_en.pdf

https://osha.europa.eu/fr/esener-enterprise-survey/enterprise-survey-esener

http://www.emploi.belgique.be/moduleDefault.aspx?id=21166

Milieu Ltd

Brussels


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.

Evaluation of the EU Occupational Safety and Health Directives

Documents

Transcript of Evaluation of the EU Occupational Safety and Health Directives