Frequently asked questions

The provisions in the 'Construction Proces' chapter of the Working Conditions Decree apply to civil engineering works and constructions such as: road construction, excavation, renovation, repairs, dismantling, demolition, upkeep, maintenance, painting and cleaning work, drainage, earthworks, construction, assembly and disassembly of prefabricated elements, conversion or fitting-out, and alterations.

A non-exhaustive list of civil engineering works or constructions is included in Annex I to Directive 92/57/EEC on safety and health at temporary and mobile construction sites (OJ L 245).

The client is the party who pays for or initiates a construction.

In addition to the party on whose account a construction is created, the definition of 'client' also includes the party on whose initiative a construction is created, or both. In most cases, the party who pays the bill and the party who took the initiative to create the construction are the same. As a rule, it is clear who the client is for a construction to be created.

lf the 'on whose account' criterion does not provide a solution, for example because the financing is provided by third parties, the party on whose initiative a construction is created can be used to determine who the client is. This is the party who, through concrete actions, initiates the creation of the specific construction, such as by having the construction designed, putting it out to tender or by giving the order to buiId it, and who formulates the requirements that the construction to be delivered must meet.

The chosen organisational and/or contract farms for a construction (the traditional model, turnkey, construction team, design or construct and build, project development, public-private partnership or design - build - finance & maintain) do not affect the distribution of obligations and responsibilities among the various participants in the construction process.

In more modern integrated contract farms, such as 'design and build' (DB), the client is involved to a greater or lesser extent in the design process and quality assurance. In addition, the design phase of a construction may also form part of the contract with the executing party. The decision to work with this contract form does not affect the client's responsibilities under the Working Conditions Decree.

Client has final responsibility

Final responsibility remains with the client. In the case of an integrated contract form, the client must therefore ensure that they delegate the fulfilment of their obligations to the executing party by including these obligations in the contract. When applying the Working Conditions Decree, it is important to note that the construction process provisions do not actually concern parties, but roles that occur in every construction process.

More information can be found at arboportaal.nl (Dutch).

Yes, if:

• the estimated duration of work is more than 30 working days and if more than 20 employees are working on that construction site at the same time, or
• the construction work will involve more than 500 man-days (number of employees x number of working days).

Go to reporting a construction (Dutch).

The client must report the construction. However, in many cases, the contractor will do so on behalf of the client.

Go to reporting a construction (Dutch)

The Working Conditions Decree imposes a number of obligations on the client. The client must:

• Report (Dutch) a large construction work to the Netherlands Labour Authority by means of a notification.
• Must ensure that the employers and self-employed persons involved are able to comply with the obligations regarding working conditions that apply during the execution phase.
• The client must ensure that, during the design phase, it is guaranteed that, during the execution of the contract the client is going to award, the employers and self employed persons who will be working on the construction site will be able to comply with their obligations under the Working Conditions Act.
• This means that the contract must take into account the latest technical and scientific developments, as reflected in the Working Conditions Catalogues, among other things. lf the client fails to do so, the executing party will not be able to comply with its statutory obligations. The structural, technical and organisational choices made by the client during the design phase of a construction must eliminate any risks that may arise during execution and, if that is not possible, limit them.
• Appoint a design phase coordinator if 2 or more employers and/or self-employed persons are going to work together on the construction site.
• lf there is a reporting obligation or if the work involves particular hazards, ensure that a Health and Safety Plan is drawn up. lf the client is required to appoint a design phase coordinator, the latter must draw up the H&S plan on the client's behalf.
• Ensure that the H&S plan is induded in the specifications and is available before work commences on the construction site.
• Take such measures that the design phase coordinator can properly fulfil and perform his duties.
• Ensure that a health and safety file (containing at least the specifications, drawings and provisions for maintenance and repair of the construction) is drawn up and transferred for the purpose of subsequent work to be performed on the construction site.
• Conclude a written agreement with the executing party, stating how the appointment of the execution phase coordinator is arranged and recorded and how this coordinator can properly fulfil and perform his tasks.

Visit arboportaal.nl for more information.

The client's obligations for the design phase mean that:

• Choices must be made in the design in the interests of healthy and safe execution. For example, to close roads or install barriers so that work can be performed safely. Or to use fully finished prefabricated elements and have them delivered in the correct order and at the right times, so that not a lot of equipment needs to be stored on the construction site and no trench cutting needs to be done. Or to instal stairs and lifts during the structural work phase. Or to choose cast floors as a labour friendly alternative to sand-cement floors and suchlike.
• Provisions against wind and weather must be included in the design. For example, by ensuring that the building can be made wind and watertight quickly or by 'covering' workplaces.
• The elimination of occupational health and safety risks in the design should preferably take place in consultation with an executing party or an execution phase coordinator. In addition, the client can call in external expertise for this purpose.
• Any hazards that arise during the design phase must be identified so that employees can be properly informed.
• The client must enquire about the extent to which the requirements for safe maintenance, as set out in the Buildings Decree, are being met. The party applying for the environmental permit is obliged to demonstrate that this obligation has been met when applying for the building permit.
• People must be able to work healthily and safely on the construction site. The conditions for this must be in place on the construction site. These include a sound H&S plan, a competent coordinator, sufficient time and money for proper scaffolding, and the implementation of a traffic plan.
• The client must include the occupational health and safety risks from the H&S plan (Dutch) in the calculation phase.
• Risks that cannot be eliminated or cannot be sufficiently eliminated are included in the H&S plan.

A construction is considered large if:

• The estimated duration of the construction work exceeds 30 working days and more than 20 employees are working on the construction site at the same time.
• The estimated duration of the construction work exceeds 500 man-days.

lt is the client's obligation to digitally report a large construction (see question 'When do we speak of large construction works?') to the Netherlands Labour Authority through a notification (Dutch).

The client must send this notification immediately after the work has been awarded. The notification must be displayed visibly on the construction site and, if circumstances so require, be amended. The client must ensure that this is done.

Work is considered high-risk if:

• There is a risk of people being buried, trapped, falling or drowning.
• People are working with asbestos, chemical or biological substances or explosives.
• People are working with high-voltage cables, in and around pits, in underground tunnels or underwater and with compressed air.
• People assemble or disassemble prefabricated elements and/or hoist and lift heavy elements.

A non-exhaustive list of work involving particular risks to the safety and health of workers is included in Annex Il to Directive 92/57/EEC on safety and health at temporary and mobile construction sites.

The designing party fulfils the design function during the construction process. The client may transfer the fulfilment of its obligations to the designing party. lf the client is a private individual, the designing party must ensure that all the client's obligations are met.

Right from the design stage, the designing party, under the responsibility of the client, must ensure that the employers and self-employed persons who will be working on the construction site during the execution of the contract will be able to comply with their obligations under the Working Conditions Act. This means, among other things, that the design of a building work can be executed in a healthy and safe manner. The basic principle is that hazards must be prevented or controlled at source.

lf several parties will be working on the construction site, for example 2 or more companies, 1 employer and 1 or more self-employed persons, or 2 or more self­ employed persons, the client must appoint a design phase coordinator.

The client is free to decide who is appointed as the design phase coordinator. The client can appoint a coordinator from within its own organisation if the right expertise is available there. The client can also outsource this to the designing party or appoint an external party, such as the architect or consulting engineer. lf the designing and executing functions are performed by one and the same party, then this party may act as coordinator.

The design phase coordinator has the following tasks:

• To identify and reduce the risks in the design as much as possible, together with the designing party.
• To draw up a Health and Safety Plan (H&S plan).
• To compile a health and safety file, which includes any structural health and safety provisions for later work to be performed on the construction site.
• To keep the subject of health and safety on the agenda and ensuring that the various parties make clear agreements on this. As soon as any new safety measures and provisions have been agreed, the coordinator adds them to the H&S plan.

lf a design phase coordinator wants to be able to perform his duties properly, the following preconditions apply:

• The coordinator is involved at the start of the design process.
• The coordinator has knowledge and experience with regard to health and safety regulations and construction processes.
• The client gives the coordinator instructions about the coordinator's tasks.
• The client makes agreements with the coordinator about the performance of the tasks.

In the case of high-risk constructions or constructions for which a notification must be given, the client must draw up a Health & Safety Plan (H&S plan). The client should preferably do this in consultation with the executing party or parties. The design phase coordinator takes the first steps towards drawing up an H&S plan. The basic version of this plan contains at least the joint and specific risks of the design.

As more technical implementation details are added to the design, agreed health and safety measures and provisions can be included in the H&S plan during the design phase. lf this is not possible, further details will be added during the execution phase. lf the work is put out to tender, the H&S plan will form part of the specifications. On that basis, the executing party must implement the plan and, depending on the circumstances, further elaborate and, if necessary, expand it.

Construction safety plan or demolition plan

In certain cases, a municipal authority may require a construction safety plan or demolition plan. The H&S plan may be combined with this. The H&S plan is intended to coordinate risks resulting from the concurrence and special occupational health and safety risks of the various companies working on the construction site. Employers and self-employed persons must make their own risks known to the coordinator. They assess their occupational health and safety risks against the agreements on the construction site and, if necessary, adjust their measures accordingly.

Current situation

The H&S plan is a dynamic plan that is constantly adapted to the current situation on the construction site. lf necessary, the execution phase coordinator further details the H&S plan and expands it with new agreements and measures. This is done in part on the basis of separate project or object Rl&Es of companies working on the construction site. This results in new agreements on concrete health and safety measures that are laid down in the H&S plan.

The H&S plan also contains:

• An overview of the natural persons and legal entities involved in the creation of the construction site.
• The name of the design phase coordinator and the execution phase coordinator.
• Agreements about who is responsible for what and when.
• The manner in which the cooperation between employers and any self-employed persons on the construction site will be implemented, what facilities will be provided for this purpose and how these facilities will be supervised.
• The manner in which the cooperation and consultation between employers and employees on the construction site will be implemented and the manner in which information and instruction will be provided to the employees.
• The approach to joint risks, such as the load-bearing capacity of the ground, the accessibility of the construction site, the storage of building materiaIs, internal transport, supervision
• The possible presence of asbestos or asbestos-containing products as referred to in Section 4.37, contaminated soil, contaminated water or groundwater, or contaminated waterbeds.
• How to deal with special risks and risks resulting from the concurrence of activities.
• Where applicable: how to deal with the hazards arising from the interaction between construction work and ongoing operations, for example in hospitals and schools, in residential areas, in rail and road traffic, and in industrial processes.
• Agreements on monitoring compliance with the measures in the H&S plan.
• The studies and reports that form the basis for the structural, technical and organisational choices made in relation to the health and safety of employees and self-employed persons.

The client records the transition from the design to the execution phase in writing in an agreement with the executing party. In practice, the executing party will often be the main contractor. The written agreement must in any case include the following obligations for the executing party. The executing party:

• Is responsible for the working conditions and their coordination during the execution phase.
• Must appoint an execution phase coordinator.
• Must ensure that the execution phase coordinator can fulfil his tasks and perform them properly.
• Provides feedback to the client on how the coordination obligations are progressing.

In the event of subcontracting, the client is obliged to stipulate in the contract which of the executing parties involved will coordinate the working conditions during the execution phase.

The executing party agrees with the client or private client to perform the executing function during the construction process. The executing party is usually the main contractor carrying out the construction work. The executing party is primarily responsible for the cooperation between the various parties and the coordination of safe and healthy working on the construction site. The Working Conditions Act specifies the following obligations for the executing party.

The executing party must:

• Appoint an execution phase coordinator and ensure that the execution phase coordinator can perform his duties.
• Conclude a written agreement with the client, setting out how he will fulfil his coordination obligations.
• Keep the H&S plan up to date after the client has transferred it to the executing party.
• Ensure that the measures in the H&S plan are properly implemented.
• Coordinate cooperation between the various parties on the construction site.
• List safety measures and technical aids on the construction site and indicate how these facilities are supervised.
• Provide feedback to the client if special or changing circumstances arise.

There are various employers, employees and self-employed persons working on a construction site. In order to be able to work together safely, the execution phase coordinator has the task of ensuring that everything runs smoothly. The executing party must appoint an execution phase coordinator. The executing party can appoint 1 of its own employees for this, for example the project manager, or engage an external party. The executing party is responsible for the quality of the execution of the tasks of the execution phase coordinator.

The execution phase coordinator has the following tasks:

• Coordinating the deployment of subcontractors and self-employed persons in such a way that health and safety measures and facilities are applied effectively.
• Ensuring good cooperation between employers and self-employed persons who are involved (simultaneously or consecutively) in the work on the construction site.
• Coordinating the provision of information to employees of all parties on the construction site.
• Taking the necessary measures to ensure that only authorised persons can enter the construction site.
• Ensuring that the necessary information is included in the H&S plan, applying the H&S plan and amending the H&S plan and the file if the progress of the construction so requires.
• Giving instructions if, in his opinion, employers or self-employed persons are not taking sufficient care of health and safety.

lf an execution phase coordinator wants to be able to perform his duties properly, the following preconditions apply:

• The coordinator is involved at the start of the construction process.
• The coordinator has knowledge and experience with regard to health and safety regulations and construction processes.
• The executing party gives the coordinator instructions about the coordinator's tasks.
• The executing party makes agreements with the coordinator about the performance of the tasks.

A party is considered an employer if there are employees with whom an employment contract has been entered into to perform work. In addition, a party is considered an employer if someone has been assigned or if there is a relationship of authority. Therefore, a person need not always be an employee; self-employed persons, temporary werkers or trainees can also be considered employees for the purposes of the Working Conditions Act.

Employers have final responsibility

Employers are and always remain primarily responsible for the working conditions of their own employees. Employers are obliged to cooperate with all other parties involved so that the health and safety policy on the construction site is properly implemented. lf the execution phase coordinator gives certain instructions to promote health and safety, employers must ensure that their employees follow these instructions.

Employers are subject to the following obligations, among others. Employers must:

• Draw up a (project or object) Risk lnventory and Evaluation and action plan and submit these to the execution phase coordinator.
• Provide information and instruction and supervise the health and safety of their employees.
• Cooperate in the implementation of the H&S plan.
• Ensure that work on construction sites is organised in a healthy and safe manner.
• Prevent hazards to the health and safety of employees.
• Cooperate with the agreements on the health and safety instructions of the execution phase coordinator.

Measures

The measures that employers must take relate in particular to:

• Keeping the construction site in good order with adequate protection of the health and safety of employees.
• The safe placement of the various workplaces on the construction site. This must take into account the access options to the construction site and the determination of movement routes or zones or traffic routes or zones.
• The internal transport of various materials on the construction site.
• Checking the commissioning, maintenance and periodic inspection of installations and equipment to prevent possible defects that could endanger the health and safety of employees.
• The demarcation and layout of zones for the permanent and temporary storage of various materials, in particular hazardous materials or substances.
• The facilities for the disposal of used hazardous materials.
• The storage and disposal or removal of waste and rubble.
• Adjusting the actual duration of the work to be carried out, depending on the progress of the construction work.
• Cooperation with other employers and self-employed persons on the construction site.
• lnteraction with operations on or in the vicinity of the construction site.

The employer must always start construction work with an information meeting in which they discuss possible risks, safety for all employees and the safety policy. The information must be accessible and understandable to everyone.

Safety must also be a fixed item on the agenda during work meetings.

Self-employed persons who work together with other self-employed persons or with employees on a construction site have virtually the same obligations as employers when it comes to safe and healthy working conditions. Almost all provisions that prescribe measures for occupational risks (including non-specific provisions such as those for physical strain) in the Working Conditions Decree also apply to self-employed persons.

Work equipment and personal protective equipment

Particular attention should be paid to the handling of work equipment and personal protective equipment. This essentially means that self-employed persons are obliged to keep their tools in good condition and use them correctly. They must also use aids and protective equipment when the situation requires it. Self-employed persons must also comply with the agreements in the H&S plan and follow the instructions of the execution phase coordinator.

The construction works must meet the quality requirements of the Housing Act. These relate, among other things, to healthy and safe working practices in buildings.

The Buildings Decree also contains regulations for the safe maintenance of buildings. For compliance purposes, an assessment framework is available that makes it possible to assess whether safe maintenance is possible. Based on the assessment framework, the client must demonstrate that the design provides for safe cleaning and maintenance. When applying for the environmental permit, the client must demonstrate that this obligation has been met.

For more information about the assessment framework, visit rijksoverheid.nl (Dutch).