Both the user company and the temporary employment agency are responsible for the health and safety of agency workers at work.
The user company bears the greatest responsibility. Under the Working Conditions Act, the user company is responsible for both the health and safety of its own permanent employees and that of agency workers in its company. When an accident occurs at work involving an agency worker, the user company is liable.
The user company’s responsibility
Before the agency worker starts work, the user company must inform them about the work, risks and safety measures. This includes providing information about the physical or psychological strain involved in the work, about the handling of hazardous substances, and about the obligation to wear personal protective equipment.
The user company is under an obligation to send the temporary employment agency the Risk Inventory and Evaluation (RI&E) in advance (at least the part describing the specific risks involved in the agency worker's work).
The temporary employment agency’s responsibility
The temporary employment agency must ensure that the agency worker receives the Risk Inventory and Evaluation (RI&E) for the user company and is required to inform the agency worker about the risks they face in the workplace.
Supervision
Temporary employment agencies are governed by the Allocation of Workers by Intermediaries Act. The Netherlands Labour Authority monitors compliance with this legislation. It does so in response to complaints filed with the Netherlands Labour Authority about this.