An accident investigation is conducted as soon as possible after a workplace accident is reported. The Netherlands Labour Authority always asks you to leave the accident situation unchanged as much as possible. That enables the inspector to gain a clear impression of what has happened. The inspector will also interview those involved in the accident and witnesses.
The Dutch Working Conditions Act (Arbeidsomstandighedenwet) obliges employers to report workplace accidents to the Netherlands Labour Authority.
Investigation after a workplace accident
Once the inspector has formed an impression of what happened, the employer is in most cases asked to conduct further investigations into the accident independently. In exceptional cases, the Labour Authority may decide to conduct its own investigation. If there has been a fatal accident or an accident involving a child (15 years and under) or juvenile (16- and 17-year-olds), the accident is always fully investigated by a Labour Authority inspector.
The employer and employees are obliged to cooperate fully with the investigation and provide all required information.
Investigation by the employer
In most cases, the employer is asked to investigate the workplace accident independently. The investigation must explain how the accident could have happened and its immediate and basic causes. The employer drafts a report with an improvement plan based on the investigation. The aim is for the employer to learn from the workplace accident and improve company safety. That could prevent the accident from happening again.
The Netherlands Labour Authority reviews the employer's report and improvement plan. If the report and improvement plan meet the requirements, the investigation is closed. During a possible follow-up inspection, the Labour Authority checks whether the employer has implemented the actions and measures in the improvement plan. If not, the Labour Authority will take enforcement measures.
What if the employer’s report and improvement plan ultimately do not meet the requirements? In that case, the inspector will further investigate the workplace accident. If there has been a violation of the statutory regulations, the inspector may draw up a penalty report. The employer may be fined and must take measures to prevent the accident from recurring.
Criminal investigation
For very serious and fatal accidents, the Netherlands Labour Authority conducts investigations under the direction of the Dutch Public Prosecution Service. An official report will be drawn up if a criminal offence has been committed. Those affected will be notified of this. The official report will be sent to the Public Prosecution Service for further action.
Report a work-related accident
As an employer in the Netherlands, you are obliged to immediately report work-related accidents to the Netherlands Labour Authority if the accidents result in the following:
- death
- permanent injury
- hospitalisation
You also have to report a work-related accident if it becomes apparent only later on. The duty to notify applies to all your staff, including temporary worker and freelancers.