Dutch Labor Inspectorate: learning from an accident

For years, labor inspectors from the Ministry of Social Affairs and Employment (SZW) investigated a workplace accident themselves and then a sanction was imposed. This still happens, but under strict conditions certain accidents (e.g. with minor injuries) may now be investigated by the employer himself. No sanction will then be imposed, provided the employer starts working on an improvement plan. Michel Schenk, consultant at Aboma explains.

The number of workplace accidents has been increasing for years. The Netherlands Labor Inspectorate has been investigating new options in handling an accident investigation, with the goal that employers learn from accidents. Because sometimes investing in safety pays off more than imposing a fine. After a successful pilot, the differentiated approach to accident investigations was launched experimentally and further developed in 2021. For accidents with minor injuries, inspectors from Dutch Labor Inspectorate may decide to have the employer investigate and report on the accident itself. "The purpose of this is for companies to learn from an accident," Schenk said. "What went wrong, how could the accident have been prevented and what measures are taken to make sure it doesn't happen again."

Self-reflection

Companies still have a reporting obligation, of course. "Even with the new approach, the Dutch Labor Inspectorate will still come on site to look at the workplace accident to assess the severity of the accident and the consequences for the employee," Schenk continued. "A number of preconditions are then tested to determine from there whether the employer qualifies for self-investigation. One precondition, for example, is that a company has a tested RI&E, and there is already sufficient basic self-reflection. If all requirements and conditions are met, the differentiated approach to accident investigation can be used. An employer is asked to map the circumstances of the accident, but also to come up with an improvement plan. So it goes beyond the accident itself. A format has been developed for conducting that investigation and drawing up the improvement plan, which is tested by the Dutch Labor Inspectorate. If the plan is approved, the inspectorate does not impose a fine. A year later, however, it does review whether the points for improvement have actually been implemented."

The differentiated approach to accident investigation has as its main goal that companies themselves learn from workplace accidents, Schenk summarizes. "So that they don't jump into the legal defense posture, but really work intrinsically to improve safety. What we see is that it is being picked up more and more in the construction and infrastructure sector. There is a genuine focus on "working safely. From Aboma we support companies on all possible fronts. Not only with the accident investigation, but also by providing training and education for the entire chain to achieve a safe construction site with more self-reflection."