Company doctor or health and safety service (2024)

Is a health and safety service or company doctor mandatory?

You must ensure good working conditions for your employees. This is set out in the Working Conditions Act (Arbowet). Each employer must have a contract with a health and safety service or a company doctor. This is called the basic contract (in Dutch). This sets out the rights and obligations of your employee, the health and safety service provider, and yourself. You can arrange a basic contract with a 'safety net' scheme, or sometimes also a customised scheme.

Safety net scheme or customised scheme

Under the safety net scheme (vangnetregeling), you arrange health and safety matters through a certified (in Dutch) health and safety service (arbodienst). Insurers sometimes require you to specifically join a health and safety service.

With the customised scheme (maatwerkregeling, in Dutch), you choose the experts you need yourself. For example, a company doctor. It is then important that the agreements in the basic contract are adapted to your company's situation. You need the written consent of the works council (OR), staff representative body (PVT), or through the collective labour agreement (CAO) for the customised scheme.

Also, at least 1 company doctor must be available for absenteeism counselling, occupational health examination (Periodiek Arbeidsgezondheidskundig Onderzoek, PAGO), appointment examinations, and (open) consultation hours.

The health and safety service

A certified health and safety service (in Dutch) supports the company's employment conditions policy and absenteeism policy. They advise employers and employees, and guide sick employees.

Core expert

The health and safety service can deploy various, certified labour experts who support you. Labour experts are also called core experts. For example, they can provide advice on improving working conditions. Or on the periodic occupational health examination (PAGO, in Dutch) for employees. But also with assessing the .

The 4 core experts are the company doctor, the occupational hygienist, the safety expert, and the labour and organisation expert.

Training your own employees

Do you not join a health and safety service? You can also hire the services of a certified expert. They can advise you on the themes in which they specialise or assess an RI&E. You may also train and deploy your employees as certified occupational hygienists, safety experts, or occupational and organisational experts. This is only possible if you have reached a written agreement with the trade union, the works council, or the staff representation.

The health and safety doctor (arboarts)

Doctors who are not (yet) trained as a company doctor may also work within a health and safety service. They work under the supervision of a company doctor. A health and safety doctor may only refer an employee after approval by a company doctor. They are not allowed to judge your employee's fitness for work or incapacity.

Right of consent for employees

Employees have a right to consent in the choice of health and safety service. And the contents of the contract. This can be done via the works council or employee representation. They must also agree to the use of the so-called customised scheme (maatwerkregeling).

What does a company doctor do?

A company doctor (in Dutch) is an occupational health specialist. If your employee is long-term sick the company doctor assesses the situation. Often the doctor works for a health and safety service. Or they work as a self-employed professional. You can hire the company doctor yourself. Everyone who works must have access to a company doctor.

What is a company doctor allowed to do?

A company doctor must follow certain rules. Your company doctor:

• may refer your employee to a specialist to help get better;

• may request medical information about your employee. Your employee must give permission first;

• must re-register every 5 years and must meet various requirements;

• must undergo continuous training and be regularly checked;

• must assess your employee's fitness for work or incapacity for work;

• must be registered in the BIG register and in a specialist register;

• advises on prevention;

• may assess a risk inventory and evaluation (RI&E);

• may periodically examine employees (PAGO);

• may hold a health and safety consultation hour;

• may do a pre-appointment examination;

• reports occupational diseases to the Netherlands Center for Occupational Diseases;

• may determine if an employee is no longer able to work due to illness and assess what your employee can still do;

• discusses illness with your employee within 6 weeks of it being reported, draws up a problem analysis, advises you on reintegration and resumption of work, and supervises the employee's reintegration.

Fine when there is a violation

The Netherlands Labour Authority checks whether employers and employees comply with Working Conditions Act (Arbowet, in Dutch). For example working conditions, employment conditions, or working hours. If there is a violation, you can get a warning, a fine, or you may need to suspend work.