An accident investigation takes place as soon as possible after it has been reported. The Labour Authority always requests that the accident situation be left unchanged as much as possible. This allows the inspector to form a clear picture of the events. The inspector will also hear other persons involved and witnesses.
Under the Working Conditions Act, workplace accidents must be reported immediately by the employer to the Netherlands Labour Authority.
lnvestigation procedure following a workplace accident
Once the inspector has formed a picture of the events, in most cases the employer is asked to conduct a further investigation into the accident. In exceptional cases, the Labour Authority may decide to conduct its own investigation. In the event of a fatal accident or an accident involving a child (aged 15 or younger) or a young person (aged 16 or 17), the accident will always be investigated in full by an inspector from the Labour Authority.
The employer and employees are obliged to cooperate fully with the investigation and to provide all the information requested.
lnvestigation by the employer
In most cases, the employer is asked to conduct its own investigation into the workplace accident. The investigation must answer the question of how the accident could have happened and what the direct and root causes of the accident are. Based on the investigation, the employer draws up a report with an improvement plan. The aim of this is for the employer to learn from the workplace accident and improve safety in the company. This can prevent the accident from happening again.
The Netherlands Labour Authority assesses the employer's report and the improvement plan. lf the report and the improvement plan are satisfactory, the investigation will be closed. During a possible follow-up inspection, the Labour Authority checks whether the employer has implemented the actions and measures set out in the improvement plan. lf this is not the case, the Labour Authority will take enforcement action.
lf the employer's report and the improvement plan are ultimately insufficient, the inspector will conduct a further investigation into the workplace accident. lf the statutory rules have been violated, the inspector may issue a fine report. The employer may be fined and must take measures to prevent a recurrence of the accident.
Criminal investigation
In case of very serieus and fatal accidents, the Netherlands Labour Authority conducts an investigation under the supervision of the Public Prosecution Service. lf a criminal offence has been committed, an official report will be drawn up. Those involved will be notified of this. The official report will be sent to the Public Prosecution Service for further processing.
Self-inspection: accident investigation
The Netherlands Labour Authority has developed guidelines for employers who conduct their own investigations into accidents. Before submitting the report and improvement plan, they can also check whether all steps in the accident investigation have been completed at zelfinspectie.nl/ongevalsonderzoek (Dutch).
