Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Netherlands

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1951)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1973)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the joint observations of the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) on Convention No. 81, received in 2021, which reiterate the observations of the FNV, CNV and the Trade Union Federation for Professionals (VCP) received in 2017.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Cooperation between the labour inspection services and private institutions engaged in similar activities. The Committee notes that in reply to its previous comment, the Government indicates that inspectors and external experts (belonging to an OSH service or otherwise) operate independently of each other. The independence of the external expert is safeguarded by the system of certification. The Committee recalls once again that the report of the tripartite committee adopted by the Governing Body at its 322nd Session (November 2014) concerning the representation made under article 24 of the ILO Constitution relating to Conventions Nos 81 and 129 and the Occupational Safety and Health Convention, 1981 (No. 155) noted the lack of access of the labour inspectorate to the information held by private OSH services (for example, on emerging risks or trends). Therefore, the Committee urges the Government to provide information on the measures taken to promote effective cooperation between labour inspection and private OSH services (in particular for the exchange of relevant data), as well as on the impact of these activities on the work of the labour inspectorate. In this respect, the Committee also requests the Government to provide information on any measures adopted or envisaged following the initiation of discussions between the labour inspectorate and relevant actors, such as medical specialists, the association of occupational physicians (NVAB) and the association of OSH services (OVAL), which was noted in the Committee’s previous comment. 

Articles 12(1)(a) and 15(c) of Convention No. 81 and Articles 16(1)(a) and 20(c) of Convention No. 129. Inspections without previous notice. The Committee notes the Government’s reiterated statement, in reply to its previous comment, that in principle, the labour inspectorate only carries out unannounced inspection visits, and that the only exceptions to this principle are inspections of enterprises falling under the legislation relating to the control of major hazards involving dangerous substances. The Government indicates that in enterprises which fall under the legislation relating to the control of major-accidents hazards involving dangerous substances, the labour inspectorate checks whether the safety management system is well described, but also whether it works in concrete situations. Such inspections are extensive, usually take several days and require a great deal of involvement from companies. The Committee also notes the information provided on announced inspection visits in 2019 and 2020 (343 and 597 visits, respectively) and the Government’s indication that the capacity allocated to inspect the above enterprises has significantly increased since 2017. Lastly, it notes the Government’s indication that the labour inspectorate also carries out partially unannounced inspections. The Committee requests the Government to provide information on the meaning of “partially announced inspections” and to continue to provide information on the number of unannounced inspections visits (disaggregated into totally and partially unannounced visits), the number and nature of violations detected and the measures undertaken.

Noting that the FNV and CNV reiterate that unannounced inspection visits are particularly important with respect to the control of major hazards involving dangerous substances, the Committee again requests the Government to provide its comments in this respect.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational diseases. With regard to its previous comments on measures adopted or envisaged to ensure that the labour inspectorate is notified of cases of occupational diseases so that it carries out its duties effectively, theCommittee notes the Government’s indication that the Netherlands Centre for Occupational Diseases (NCvB) publishes annual reports on occupational diseases reported by occupational physicians and OSH services and that the labour inspectorate uses this information to establish inspection priorities. In this respect, the Committee notes that the FNV and CNV reiterate their view that employers should have the obligation to notify occupational diseases to the labour inspectorate, rather than holding only occupational physicians and OSH services responsible for notification to the NCvB.

While the Committee notes the more frequent publication of reports on occupational diseases by the NCvB (which is now annual and no longer biennial), it is bound to recall that the report of the tripartite committee adopted by the Governing Body at its 322nd Session (November 2014) concerning the representation made under article 24 of the ILO Constitution relating to Conventions Nos 81 and 129 and the Occupational Safety and Health Convention, 1981 (No. 155) considered that the system for the reporting of cases of occupational diseases did not appear to enable the labour inspectorate to carry out its preventive activities in a satisfactory manner given that the then biennial reports published by the NCvB enabled the inspectorate to take preventive action with regard to specific sectors, but did not enable it to react rapidly and carry out preventive activities or inspections in the specific workplaces concerned (paragraph 151). The Committee therefore requests the Government to continue to examine concrete ways in which the current system for notification of occupational diseases can be improved to ensure that the labour inspectorate is notified of cases of occupational diseases in a manner that enables the labour inspectorate to carry out its duties effectively, including for example, the intervention in workplaces where necessary (Articles 3(1)(a) and (b), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 18, 22, 23 and 24 of Convention No. 129) and the publication of annual labour inspection reports containing statistics of cases of occupational disease (Articles 20 and 21(g) of Convention No. 81 and Articles 26 and 27(g) of Convention No. 129).

The Committee also requests the Government to refer to its comment regarding the application of Article 11(c) (notification of occupational diseases) of Convention No. 155.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the labour inspection services. The Committee notes that the labour inspection report of 2020, hyperlinked in the Government’s report and available in Dutch, appears to contain information on most of the subjects listed in Article 21 of Convention No. 81, with the exception of information on the number of workers employed in workplaces liable to inspection and statistics of violations detected. The Committee also notes that, in reply to its previous comment on Articles 26 and 27 of Convention No. 129, the Government indicates that there is no specific annual report for agriculture and that the labour inspection report of 2020 refers to the Agriculture & Green programme, which contains goals, activities and outcomes. The Committee also takes note of the Government’s indication that 400 inspections were carried out in agriculture between 2019 and 2020, most of them in the fields of OSH and fair work. Lastly, the Committee notes that the labour inspection report of 2020 does not appear to contain specific statistics for agriculture on the subjects listed in Article 27 of Convention No. 129. The Committee requests the Government to clarify whether the annual reports on the activities of the labour inspection services contain information on the number of workers employed in workplaces liable to inspection (Article 21(c) of Convention No. 81) and statistics of violations detected (Article 21(e) of Convention No. 81). It also requests the Government to clarify whether the above-mentioned reports contain information for agriculture on all the subjects listed in Article 27 of Convention No. 129.

Furthermore, the Committee requests the Government to refer to its above comment on Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (notification of occupational diseases) as well as to its comment in its observation regarding the application of Articles 3, 10 and 16 of Convention No. 81 and Articles 6, 14 and 21 of Convention No. 129 (number of labour inspectors and the frequency of labour inspections, workload of labour inspectors and time spent on administrative tasks).