In the Netherlands, there are strict labor rules that must be adhered to in order to ensure the safety and health of temporary workers at work. Both the hiring company and the temporary help agency share this responsibility. According to the Occupational Health and Safety Act, it is important that both parties prepare the temporary worker well for the tasks and possible risks at the workplace. This article explains the main responsibilities of the hiring company and the temporary help agency, as well as the role of the Dutch Labour Inspectorate.
Responsibility of the hiring employer
The hiring employer (the company where the temporary worker is actually working) bears the greatest responsibility for the safety and health of both its own permanent employees and the temporary workers it hires. According to the Occupational Health and Safety Act, the hiring employer has a duty to create a safe working environment and to inform the temporary worker well about the risks associated with the job.
Consider the following:
- Information about risks: Before the temporary worker starts working, the hiring company must clearly inform about the risks of the job. These risks can be physical, such as heavy physical strain or dealing with dangerous machines, but also psychological burden due to work pressure or other factors.
- Safety measures: The company must take safety precautions and provide personal protective equipment (PPE) where necessary. Think of helmets, gloves or special work clothing.
- Risk Assessment and Evaluation (RI&E): The hiring company is obliged to send a copy of the RI&E to the temp agency beforehand, specifically describing the risks for the temporary worker. This document helps to identify and reduce the risks associated with the tasks.
When a temporary worker has an accident at work, the hiring employer is often liable for the consequences. Therefore, it is very important that the employer handles the safety and health of temporary workers carefully.
Responsibility of the temporary employment agency
Although the hiring employer bears the greatest responsibility, the temporary agency also plays an important role in ensuring the safety and health of the temporary worker. The temp agency should inform the temporary worker about the risks of the workplace, and ensure that the temp worker receives the relevant information, such as the RI&E from the hiring company.
The specific responsibilities of the temp agency include:
- Information provision: The temp agency should ensure that the temp worker is aware of the risks and safety regulations applicable to the workplace.
- Distribution of RI&E: The temp agency is obliged to pass on the Risk Assessment and Evaluation of the hiring company to the temp worker, so he/she is aware of the specific dangers of the job.
Supervision by the Dutch Labour Inspectorate
The compliance with labor rules for temporary workers comes under the supervision of the Dutch Labour Inspectorate. This means that the Labour Inspectorate monitors both the temp agency and the hiring employer to ensure that the rules from the Act on the Allocation of Labour by Intermediaries (Waadi) are complied with. If there is a violation of the labor rules or other safety regulations, the Labour Inspectorate can enforce these.
When a temporary worker encounters dangerous situations at work or an accident, a complaint can be submitted to the Dutch Labour Inspectorate. The Labour Inspectorate can then investigate and, if necessary, impose sanctions on the company that fails to meet its obligations.
What happens in the event of a work accident?
If a work accident occurs involving a temporary worker, it is crucial to determine who is liable. In most cases, the hiring employer is responsible for the safety and health of the temporary worker. If it turns out that the hiring company has not taken sufficient safety measures, the company can be held liable for the damage suffered by the temp worker. This can range from medical costs to compensation for loss of income or injury.
Conclusion
Both the hiring company and the temp agency have the responsibility to ensure the safety and health of temporary workers at work. The hiring employer carries the greatest responsibility and should ensure that temporary workers are well informed about the risks at the workplace. The temp agency in turn should provide the temp worker with all necessary information and ensure that the employee is aware of the existing safety measures. The Dutch Labour Inspectorate supervises the compliance with these rules and can act if these are violated.
As a temp worker, do you have to deal with dangerous working conditions or have you had a work accident? Then contact the labor law attorneys of Arslan Lawyers for legal assistance. Our team is ready to advise you on your rights and obligations.
