Translation Presented by the Netherlands Focal Point for Safety and Health at Work, No s1
Translation presented by the Netherlands Focal Point for Safety and Health at Work, www.arboineuropa.nl No rights can be derived from this publication.
Text applicable as from: 25-03-2013
Working Conditions Decree
Decree of 15 January 1997, including provisions in the interest of health, safety and welfare in connection with work (Working Conditions Decree)
We Beatrix, by the Grace of God, Queen of the Netherlands, Princess of Oranje-Nassau, etc. etc. etc.
On the recommendations of the State Secretary of Social Affairs and Employment and Our Ministers of Education, Culture and Science, of the Interior and Kingdom Relations, of Transport, Public Works and Water Management, of Justice and the State Secretary of Defence of 12 July 1996, the Central Legislation and Legal and Administrative Affairs Department, no. WBJA/W2/96/0407, submitted also on behalf of the Prime Minister, the Minister of General Affairs and in accordance with the Minister of Economic Affairs;
Considering Articles 1, 2, 4, 5, 6, 10, 20, 23a, 24, 24a, 25, 26, 27, 28, 30, 31a, 35, 36, and 41 of the Working Conditions Act and Articles 5 and 8 of the Trading Hours Act;
Considering the advice of the Social and Economic Council of 9 February 1995, no. 95/31 I and II;
Having consulted the Council of State (advice of 24 September 1996, no. W12.960298);
In view of the further report of the State Secretary of Social Affairs and Employment and Our Ministers of Education, Culture and Science, of the Interior and Kingdom Relations, of Transport, Public Works and Water Management, of Justice and the State Secretary of Defence of 18 December 1996, the Central Legislation and Legal and Administrative Affairs Department no. WBJA/W2/96/1537, issued also on behalf of the Prime Minister, the Minister of General Affairs and in accordance with the Minister of Economic Affairs;
Have approved and understood:
Chapter 1. Definitions and Scope
Section 1. Definitions
Article 1.1. Definitions general
1. In this Decree and the provisions based on it, the Act means: the Working Conditions Act.
2. In this Decree and the provisions based on it the following concepts have the following meaning:
a. construction site: any temporary or mobile work site where civil engineering or construction activities are carried out, a non-exhaustive list of which is included in Annex I of the Directive meant in Article 2.23, under a;
b. structure: a civil engineering work or structure as meant under a;
c. client:
1°. for the application of Chapter 2, Section 5, and Article 9.6: the party on whose account a structure is created;
2°.for the application of Article 9.5: the party on whose account a self-employed person or employer, as referred to in Article 16, seventh paragraph, under b, of the Act, performs work;
d. client-consumer: the natural person not acting within the course of his profession or trade on whose account a structure is being created;
e. designing party: the party who undertook to the client, as referred to in Section c, under 1°,or client-consumer to carry out the designing function in the construction stage;
f. implementing party: the party who undertook to the client, as referred to in Section c, under 1° or client-consumer to carry out the implementing function in the construction stage;
3. In this Decree and the provisions based on it the following concepts have the following meaning:
a. workplace in the extracting industry: any workplace directly or indirectly associated with the opencast mining industry, the underground mining industry or mineral-extracting industry through drilling;
b. minerals: a natural concentration or deposit of ores, minerals or substances of organic origin in or on the soil in solid, fluid or gaseous condition including shells, aggregate, sand and clay present on the ground or immediately under its surface;
c. opencast mining industry: any industry:
1°. extracting minerals in the open air;
2°. carrying out prospecting activities with a view to extraction of minerals in the open air, or
3°. preparing minerals for their sale with the exception of activities in connection with processing these minerals;
d. underground mining industry: any industry:
1°. extracting underground minerals other than by drilling;
2°. carrying out prospecting activities with a view to this extraction;
3°. preparing minerals for their sale with the exception of activities in connection with processing these minerals;, or
4°. storing substances as meant in Article 1, under i, of the Mining Act.
e. mineral-extracting industry through drilling: any industry:
1°. extracting minerals by drilling;
2°. carrying out prospecting activities with a view to this extraction;
3°. preparing minerals for their sale with the exception of activities in connection with processing these minerals;
4°. storing substances as meant in Article 1, under i, of the Mining Act, or
5°. detecting or extracting terrestrial heat as meant in Article 1, under g and h, of the Mining Act.
f. mining installation: an installation as meant in Article 1, under o, of the Mining Act.
4. In this Decree and the provisions based on it the following concepts have the following meaning:
a. physical load: the working position to be adopted by the employee in connection with his work, movements to be carried out or powers to be applied for instance consisting of lifting, putting down, pushing, pulling, carrying or moving or supporting one or more loads in another manner;
b. personal protection device: any equipment intended to be worn or carried by the employee in order to protect him against one or more hazards which could constitute a danger to his health or safety at work as well as all additions or accessories which could contribute to this with the exception of:
1°. ordinary and uniform working clothes not specifically intended to protect the health and safety of the employee;
2°. sporting equipment;
3°. material for self-defence or a deterrent, and
4°. portable devices to detect and identify hazards and load factors;
c. health or safety signs: a sign applied to a certain object, a certain activity or a certain situation by means of a sign, a colour, a light signal, an acoustic signal, a verbal communication or a hand or arm signal, an indication or given instruction concerning health or safety at work.
5. In this Decree and the provisions based on it the following concepts have the following meaning:
a. young employee: an employee below the age of 18;
b. pregnant employee: an employee who is pregnant and who has notified her employer of this;
c. breast-feeding employee: an employee breast feeding her child and who has notified her employer of this.
6. In this Decree and the provisions based on it the term 'certifying institution' means: an institution designated by our Minister by virtue of Article 20, second paragraph, of the Act which decides on the issue of a certificate as meant in Article 20, first paragraph of this Act.
Article 1.2 [Repealed as of 01/11/1999]
Article 1.3. Definitions education
1. In this Decree and the provisions based on it the term 'educational institution' means: an educational institution paid for or designated.
2. In this Decree and the provisions based on it, the term 'educational institution paid for' means:
a. a public or private school fully or partly paid for from public funds as meant in the Primary Education Act;
b. a public or private school fully or partly paid for from public funds as meant in the Expertise Centres Act;
c. a public or private school, course or establishment fully or partly paid for from public funds as meant by and pursuant to the Secondary Education Act;
d. a public or special institution fully or partly paid for from public funds as mentioned in the Annex belonging to the Higher Education and Scientific Research Act, under a and b;
e. a public or special institution fully or partly paid for from public funds as mentioned in the Annex belonging to the Higher Education and Scientific Research Act, under c to g;
f. Heerlen Open University, mentioned in the Annex belonging to the Higher Education and Research Act, under h;
g. a school as meant in the Educational Experiments Act;
h. a public or special institution for education and vocational secondary education wholly or partly paid for out of public funds as meant in the Adult and Vocational Education Act.
3. In this Decree and the provisions based on it the term indicated educational institution means:
a. a school as meant in Article 56 of the Secondary Education Act;
b. an institution as meant in Article 6.9 of the Higher Education and Research Act;
c. an institution as meant in Article 1.4.1 of the Adult and Vocational Education Act.
4. In this Decree and the provisions based on it the term participation council means:
a. a participation council as meant in the Participation (Education) Act 1992 or in Article 10.17 of the Higher Education and Research Act;
b. the student council of the Open University meant in Article 11.13 of the Higher Education and Research Act.
Article 1.4. Definitions custodial institutions
1. In this Decree and the provisions based on it the following concepts have the following meaning:
a. judicial personnel:
1°. persons who by virtue of a public designation in civilian public service are obliged to the Kingdom to carry out work in custodial institutions;
2°. persons who under the authority of the Kingdom are carrying out work in a custodial institution with the exception of prisoners, patients and young persons;
b. prisoners, patients and young persons: the persons who by virtue of a decision or ruling of the court or by the public authorities have rightfully been deprived of their freedom and are detained in a custodial institution with the exception of the soldiers imprisoned in the Stroe Military Penitentiary Centre;
c. custodial institution: a prison or detention centre as meant in the Prisons Act, a custodial institution for nursing persons placed under a hospital order as meant in the Hospital Orders Framework Act or an institution as meant in the Youth Custodial Institutions Act.
2. The term custodial institution also means: the transport of prisoners, patients and young persons to and from the custodial institution as well as all other work carried out by judicial personnel with prisoners, patients and young persons outside the custodial institution.
Article 1.5. Definitions Defence
In this Decree and the provisions based on it the following concepts have the following meaning:
a. military personnel:
1°. the military officials in actual service within the sense of Article 1, paragraph one and two, of the Military Personnel Act 1931;
2°. the conscripts in actual service within the sense of Articles 18, 19 and 21 of the National Service Framework Act;
b. civilian personnel at the Ministry of Defence:
1°. persons who by virtue of a public designation in civilian public service are obliged to the Kingdom represented by the Minister of Defence to carry out work except if the person involved is being made available to a third party to carry out work, which this third party usually has carried out;
2°. persons who are carrying out work under the authority of the Kingdom represented by the Minister of Defence;
c. defence personnel: military personnel and civilian personnel at the Ministry of Defence;
d. exercise: any putting into practice of skills theoretically taught by defence personnel in war simulations in order to acquire, increase or maintain proficiency in carrying out war duties;
e. military vessel: a Dutch warship, marine auxiliary vessel or other ship used for carrying out military duties;
f. military aircraft: an aircraft managed by the Ministry of Defence;
g. manned weapon system: any weapon system propelled or not, which is manned or operated during use with the exception of a light personal weapon;
h. a standby-unit: a unit designated to this end and deployed or ready or which has to be kept ready to be deployed in connection with the armed forces.
Section 1A. Certification
§ 1. Designation of certifying institutions on request
Article 1.5a. Designation criteria
1. An institution complying with the following requirements may be designated as a certifying institution if:
a. it is a legal person;
b. it is independent;
c. it has sufficient expertise and equipment at its disposal to be properly able to fulfil the duties for which it is designated;
d. it has a registration system at its disposal which records the data in connection with and relating to the performance of the duties for which it wishes to be designated in a systematic way;
e. it is insured against statutory liability for the risks arising from the performance of the tasks for which it wishes to be designated;
f. it has contracted an agreement with the management foundation, in cases arising, that manages the certification schemes pursuant to this Decree for the field of work in which the institution wishes to work as a certifying institution; and
g. it functions properly.
2. With respect to the first paragraph detailed provisions will be laid down in a Ministerial Order.
Article 1.5b. Application for designation
1. The institution referred to in Article 1.5a must submit the application for designation to Our Minister.