The number of serious and fatal workplace accidents is on the rise. After years of slight decline, the number of victims has risen by 14 per cent since 2015. This can be attributed to the growing economy, but also to the flexibilisation of labour and an ageing workforce, according to the Inspectorate SZW. What to do when your company faces a workplace accident?
If your employees are affected by a serious accident, it is of course important to call in company first aiders (BHVs) and the necessary emergency services. Then you should immediately notify the Inspectorate SZW, the former labour inspectorate. You can do so by calling 0800-5151, which is available 24/7. Accidents that are not fatal can be reported digitally via a reporting form on the Inspectorate's site.
Does every accident have to be reported?
The Occupational Health and Safety Act only requires you to report workplace accidents that result in death, permanent injury or hospitalisation. Permanent injuries include amputation, blindness and chronic physical or psychological complaints. Day hospitalisation must also be reported. Outpatient treatment is not.
The reporting obligation applies to all employees, including temporary workers. After all, they are working for you under your authority. Even if the accident takes place outside your company's premises, you must report it. Whether fixed, temporary or mobile workplaces. Failure to report an accident in the above cases can result in a fine of up to €50,000.
What happens after reporting
That differs for each accident. Based on all the information provided, Inspectorate SZW decides whether an on-site investigation is necessary. With such an investigation, Inspectorate SZW tries to answer at least two questions:
- What is the facts and cause of the accident?
- Is the accident the result of one or more violations of legal provisions such as the Occupational Health and Safety Act?
- When necessary, the Inspectorate SZW cooperates with police or other inspection services. The result may be that the employer has to take measures to prevent the accident from happening again.
How is this investigation going?
The Inspectorate SZW visits as soon as possible after being reported to investigate the accident. For this, the situation on site must remain unchanged as much as possible. The investigation consists of the following steps:
- Investigating the site by taking photos, collecting evidence and perhaps even reconstructing.
- Recording witness statements.
- Document research.
- Discussion of findings with employer.
- Drafting report.
The employer is obliged to cooperate and provide all necessary help and information. The Inspectorate SZW aims to complete investigations within 13 weeks, but sometimes more time is needed.
What happens when violations occur
If your company is in violation, an accident fine report is drawn up. In the case of fatal accidents, among others, a review is carried out with the public prosecutor to determine whether there is a suspected violation of a criminal offence. If so, an official report follows. When this identifies a guilty party, it is almost always the employer. However, employees can also be criminally prosecuted. If there is no offence, both the employer and the victim receive a letter about it. The participation council receives a copy of the letter to the employer.
How do I know if I comply with the law?
Of course, you are not deliberately trying to break the laws and regulations on safe and healthy working. However, you may unknowingly fail to comply with parts of the Occupational Health and Safety Act or other legal provisions. The Inspectorate SZW has posted an online tool on Zelfinspectie.nl that allows you to check for yourself whether safe and healthy work is being carried out in your company. Via this tool, you look at your own organisation as an inspector would.
Click here To go directly to the self-inspection tool for the transport and logistics sector.
Tom from BLOM - Material handling expert
