Mandatory investigation of workplace accidents
Workplace accidents resulting in death, hospitalisation or permanent injury must be reported to the Netherlands Labour Authority (NLA), which may then investigate the accident. Since 1 January 2023, the NLA can require employers to report on the circumstances of the accident: how it happened and – more importantly – what will be done to prevent it from happening again.
When does the NLA investigate?
The NLA always investigates fatal accidents. The same applies to cases where the victim is a minor or is the employer’s relative. The NLA will also investigate if the accident seriously impacts society or if the company’s history warrants it. This will be partly at the discretion of the NLA inspector handling the case.
When must employers themselves prepare a report?
If you, as an employer, are instructed by the NLA to prepare a report on the workplace accident, you must investigate the circumstances of the accident. The product of this self-inspection will be the employer’s report. After reporting the workplace accident to the NLA, you will be asked to submit the employer’s report to the relevant inspector within 15 working days.
The report must include a thorough analysis, substantiated with relevant documents on the occupational hygiene strategy and working conditions policy. We recommend providing technical or toxicological details if the accident has a technical or chemical cause. The report must also detail an improvement plan with measures to prevent similar accidents.
It is important to draft a thorough report. This serves several purposes:
- To ensure safety at your organisation and prevent recurrences;
- To prevent criminal action by the Public Prosecution Service;
- To prevent administrative fines and mandatory measures that the NLA may impose.
