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Employment & Employee Participation
In every organization, healthy and safe working conditions play a crucial role. An important part of this is the presence of a prevention officer. But what exactly does this role entail? And what influence does the works council have on the appointment of this officer? In this blog, we will delve deeper into this, including the legal basis and the rights of the works council.
A prevention officer is an employee within the organization who focuses on improving working conditions and preventing accidents and health risks. They work together with the employer and other stakeholders to create a safe and healthy working environment. The tasks of a prevention officer include:
Every organization with more than 25 employees is required to appoint a prevention officer. In smaller companies, the employer may fulfill this role themselves, provided they have the appropriate expertise.
The works council has an important say in the appointment of the prevention officer. Since 2005, the works council has had the right of consent regarding the prevention officer under the Working Conditions Act (Arbowet), and since July 1, 2017, this right also applies to the choice of the person for the role of prevention officer. The works council's right of consent is laid down in Article 13, paragraph 1 of the Working Conditions Act and includes:
This means that the employer must obtain the works council's consent before a prevention officer can be appointed or their position can be changed. The aim is to create support among employees and make the works council jointly responsible for the proper functioning of the prevention officer.
The right of consent does not include the choice of the number of FTEs for the prevention officer. Article 13, paragraph 4 of the Working Conditions Act prescribes that the expert employees (read: prevention officers) must be in such a number that they can provide proper assistance. The legal requirement is that at least one employee is designated, but the total depends on how the occupational health policy is organized within the organization. Although the works council does not have the right of consent on the number of FTEs for the prevention officer, it can use its role to be sharp on the organization's needs and thus exert influence.
If there is no works council or employee representation, the employer must consult with the interested employees about the choice and positioning of the prevention officer.
The right of consent offers the works council the opportunity to:
Additionally, the works council can play a broader role by actively thinking along about the occupational health policy and the RI&E, and by conducting regular consultations with the prevention officer.
As a member of the works council, it is important to take your right of consent seriously when appointing the prevention officer. This is an excellent opportunity to contribute to a healthier and safer working environment for all employees.
To effectively exert influence, you can take the following steps:
Do you have questions about employee participation rights, such as the right of consent or the right to advise? Or do you have questions and/or need support in shaping your employee participation structure? Contact one of our employee participation specialists. We are happy to think along with you!
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