The Netherlands Labour Authority supervises compliance with a number of decrees under the Commodities Act. These decrees lay down requirements for products used in work situations, including machinery, pressure equipment and personal protective equipment. Employers and employees must be able to trust that these products are safe.
Commodities Act
Under the Commodities Act, a product is considered safe only if it does not endanger the health or safety of the user. The product requirements laid down in the Commodities Act are derived from European product directives. The Netherlands has transposed these product directives into various decrees issued under the Commodities Act. Manufacturers and importers must ensure that products comply with the relevant decrees under the Commodities Act. Obligations also apply to wholesalers and retailers.
Supervision
The Netherlands Labour Authority carries out risk-based inspections. This means that it prioritises inspections in areas where the risks are greatest. The Netherlands Labour Authority also regularly receives alerts about unsafe products from, for example, inspectors, manufacturers, industry organisations and other European supervisory authorities. The Netherlands Labour Authority assesses and evaluates every alert it receives. Reports that meet the criteria will be investigated. Inspections are coordinated at European level.
Questions and answers
Employers must ensure that employees have the correct work equipment. Work equipment includes all tools and equipment used at work, ranging from simple hand tools to machinery and components of process installations. This work equipment must be kept in good condition and used correctly. Compliance with the rules governing work equipment is mandatory for both employers and employees.
Certain types of work equipment may only be used by employees who have first received training or instruction. In some cases, a certificate of competence is mandatory. This applies, for example, to mobile cranes.
Some sectors have created their own occupational health and safety catalogues setting out how the requirements of working conditions legislation apply within their sector. Employers and employees who comply with these catalogues meet the statutory requirements of the Working Conditions Act.
Employers must ensure that work equipment remains in good condition. Proper maintenance forms part of this obligation. In certain cases, inspections are also required:
- If safety depends on the way in which the equipment has been installed (inspection after installation).
- If use or external influences lead to wear, ageing or deterioration (periodic inspection).
Employers may decide themselves who carries out inspections of their work equipment, provided that the person or body concerned is competent. This may include an independent inspection body, a supplier's maintenance department or the company's own technical department.
Certain types of work equipment must be inspected by a designated independent body. This applies, for example, to lifting and hoisting equipment on board ships, diving and caisson systems, and passenger lifts.
Also see 'Work equipment' on the website arboportaal.nl (Dutch).