The Working Conditions Act was amended on 1 July this year. Employers and employees are now more closely involved in health and safety services, prevention within the organisation and the framework conditions governing the company doctor’s actions. We have summarised the most important changes for you.
The most striking aspect is that employers without a basic contract may be fined immediately.
Direct access
Every employee must be able to consult the company doctor. For this reason, from 1 July 2017, employees will have direct access to open consultation hours with the company doctor. Every employee will also be entitled to a second opinion from another company doctor at the employer’s expense. Furthermore, the company doctor will be given the right to visit any workplace, and their advisory role will be clarified.
The occupational health doctor works closely with the health and safety officer and the works council, staff representatives or relevant employees, and is taking on more advisory responsibilities.
Basic Contract for Occupational Health and Safety Services
There are minimum requirements for the standard contract with an occupational health and safety service. At present, there is still a wide variety of contracts between occupational health and safety service providers and employers, resulting in incomplete contracts or contracts with few provisions. This, in turn, can lead to inadequate occupational health and safety provision.
The basic contract provides clarity for all parties involved and, as a result, greater protection for employees. It is clear to employers which tasks they must, at the very least, seek support with. Occupational health doctors and health and safety service providers can carry out their work professionally, and there is a greater focus on prevention and the quality of health and safety services.
A stronger role for the prevention officer
The Works Council will be granted the right of consent regarding the appointment of the health and safety representative and their position within the organisation. The health and safety representative will be given a clearer role, namely to advise and collaborate with occupational health and safety service providers and the company doctor.
Enforcement and supervision
The SZW Inspectorate will be given broader powers to impose sanctions. For example, the Inspectorate will enforce compliance with the requirement for a basic contract. There will also be more scope to impose sanctions on employers, occupational health and safety services and company doctors if the rules are not complied with. For example, if a basic contract is missing or if it does not contain the correct provisions, a fine may be imposed immediately.
Transition period
The new Health and Safety at Work Act regulations come into force on 1 July 2017. There is a one-year transition period. Employers and health and safety service providers have until 1 July 2018 at the latest to bring their existing contracts and services into line with the new regulations.
On the Health and Safety Portal The Ministry of Social Affairs and Employment has made a digital toolkit available, containing factsheets, documents and animations on the new Health and Safety at Work Act regulations that came into force on 1 July 2017.