With effect from 23 July 2019, the Policy rule on the imposition of fines under the Working Conditions Act amended. Under the new standards, the Inspectorate for Social Affairs and Employment (SZW) can impose significantly higher fines.
Standard amounts
The fines to be imposed are based on seven categories of standard fine amounts. When imposing fines for workplace accidents resulting in hospitalisation, the Inspectorate of Social Affairs and Employment takes into account the severity and duration of the injury, as well as the duration of the hospital stay (for more than 7 nights’ hospitalisation, the standard fine amount is multiplied by 4; fewer than 2 nights’ hospitalisation results in a multiplication by a factor of 3).
| Category | Standard fine amount |
| 1 | € 340 |
| 2 | € 750 |
| 3 | € 1.500 |
| 4 | € 3.000 |
| 5 | € 4.500 |
| 6 | € 9.000 |
| 7 | € 13.500 |
Notwithstanding these standard amounts, failure to report an accident at work without delay will result in a fine of €50,000.
The standard fine amounts apply to employers with more than 500 employees (the entire legal entity is taken into account). For employers with fewer employees, the standard fine amount is reduced:
| Number of employees | Part of the standard fine amount |
| less than 5 | 10% |
| 5 to 9 inclusive | 20% |
| 10 to 39 inclusive | 30% |
| 40 to 99 inclusive | 50% |
| 100 to 249 inclusive | 60% |
| 250 dead out of 400 | 80% |
The standard fine is reduced only if the offence was committed by the employer. It is therefore not reduced if the offence was committed by the client, the designer or the contractor.
For offences committed by employees or self-employed persons, the standard amount applicable to employers with fewer than 5 employees is applied. The maximum fine that may be imposed on an employee per penalty notice is €450.
To determine the size of an organisation in which volunteers work, the number of volunteers working at the location where the offence took place is taken into account. If both volunteers and employees are working there, the total number of volunteers and employees is taken into account.
Absence of a RI&E
Failure to have an RI&E (Risk Inventory and Evaluation) or an action plan will result in an immediate fine of €3,000 (research has shown that in 2018, more than half of employers did not have an RI&E). Failure to comply (sufficiently) with the obligations arising from the RI&E will result in a Category 5 fine.
Higher fines
The following four factors may result in an increase in the fine:
- if someone dies as a result of an accident at work: the fine is multiplied by 5;
- where a workplace accident results in permanent injury: the fine is multiplied by 4 (for “moderate” injury: 3.5, and for “minor” permanent injury: 3);
- in the case of a “serious offence”: the fine is multiplied by 2;
- where more than 10 employees have been exposed: the fine is multiplied by 1.5 (and by 2 where there are more than 50 employees).
Reduction of fines
The fines are reduced by 25% if:
- the risks have been adequately identified and a safe working method has been developed;
- the necessary conditions for implementing a safe working method have been put in place;
- adequate instructions have been given;
- adequate supervision was carried out.
Appropriate and necessary
In addition to, and notwithstanding, these standards, the amount of the fine may be increased or reduced until the fine is proportionate and, as such, appropriate and justified.