In the Netherlands, there are strict occupational health and safety rules that must be followed to ensure the safety and health of temporary agency workers at work. Both the hiring company and the employment agency share responsibility. According to the Working Conditions Act (Arbowet), it is important that both parties properly prepare the temporary agency worker for the tasks and the potential risks in the workplace. This article explains the main responsibilities of the hiring company and the employment agency, as well as the role of the Netherlands Labour Authority.

Responsibility of the hiring employer

The hiring employer (the company where the temporary agency worker is actually working) bears the greatest responsibility for the safety and health of both its own permanent employees and the temporary agency workers it hires. Under the Working Conditions Act, the hiring employer has a duty to create a safe working environment and to properly inform the temporary agency worker properly about the risks associated with the position.

Consider the following points:

• Information about risks: Before the temporary agency worker starts work, the hiring company must clearly inform about the risks of the position. These may be physical risks, such as heavy physical strain or working with dangerous machines, but also psychological strain due to work pressure or other factors.
• Safety measures: The company must implement safety measures and, where necessary, provide personal protective equipment (PPE). Think of helmets, gloves, or special work clothing.
• Risk Inventory and Evaluation (RI&E): The host company is required to send the staffing agency a copy of the RI&E in advance, in which the risks for the temporary agency worker are described. This document helps identify and reduce the risks associated with the work activities.

When a temporary agency worker has an accident in the workplace, the host employer is in many cases liable for the consequences. It is therefore very important that the employer handles the safety and health of temporary agency workers with care.

Responsibility of the staffing agency

Although the host employer bears the greatest responsibility, the staffing agency also plays an important role in safeguarding the safety and health of the temporary agency worker. The staffing agency must inform the temporary agency worker about the risks of the workplace and ensure that the worker receives the relevant information, such as the host company’s RI&E.

The specific responsibilities of the staffing agency include:

• Provision of information: The temporary employment agency must ensure that the temporary worker is aware of the risks and the safety regulations that apply in the workplace.
• Distribution of the RI&E: The temporary employment agency is required to pass on the Risk Inventory and Evaluation of the hiring company to the temporary worker, so that he/she is aware of the specific hazards of the work.

Supervision by the Netherlands Labour Authority

Compliance with occupational health and safety rules for temporary workers falls under the supervision of the Netherlands Labour Authority. This means that the Labour Authority supervises both the temporary employment agency and the hiring employer to ensure that the rules from the Allocation of Labour by Intermediaries Act (Waadi) are complied with. If there is a violation of occupational health and safety rules or other safety regulations, the Labour Authority can enforce against this.

When a temporary worker encounters dangerous situations in the workplace or an accident, a complaint can be filed with the Netherlands Labour Authority. The Labour Authority can then open an investigation and, if necessary, impose sanctions on the company that fails to meet its obligations.

What happens in the event of an occupational accident?

When a workplace accident occurs involving a temporary agency worker, it is very important to know who is liable. In most cases, the borrowing employer is responsible for the safety and health of the temporary worker. If it turns out that the borrowing company did not take sufficient safety measures, the company can be held liable for the damage suffered by the temporary worker. This can range from medical expenses to compensation for loss of income or personal injury.

Conclusion

Both the borrowing company and the temp agency are responsible for ensuring the safety and health of temporary workers at work. The borrowing employer bears the greatest responsibility and must ensure that temporary workers are well informed about the risks in the workplace. The temp agency, for its part, must provide the temporary worker with all necessary information and ensure that the worker is aware of the applicable safety measures. The Dutch Labour Inspectorate monitors compliance with these rules and can take action if they are violated.

Are you a temporary agency worker facing dangerous working conditions, or have you experienced a workplace accident? Then contact the employment law attorneys of Arslan Advocaten for legal assistance. Our team is ready to advise you on your rights and obligations.