Heat Stress and Other Working Conditions: Collaborate with the Works Council!

In her findings from a compliance study on the Works Councils Act (WOR), the minister of Social Affairs and Employment emphasized the importance of involving employees in health and safety policies according to the requirements of the WOR and health and safety legislation. This makes a timely case for putting health and safety policy on the agenda of the next consultation meeting with the works council: where do we stand, and where do we want to go?

• Legal obligations for health and safety policies;
• Good corporate responsibility goes beyond legal requirements to include social and moral responsibilities toward employees;
• In a tight labor market, working conditions serve as a tool for strategic workforce planning:
  • Good working conditions help attract and retain talent;
  • Improved working conditions increase productivity, reduce absenteeism, and strengthen company culture;
  • By investing in employee health and safety, companies stand out in a competitive market and foster sustainable growth.

• Right of consent (Article 27 WOR)
  The works council’s consent is required for decisions regarding (social) safety and employee health and well-being policies, such as a risk inventory & evaluation (RI&E).
• Right to information (Article 31b WOR: Social Information)
  The works council has the right to all necessary information for its social policy duties, including details on working conditions, such as RI&E reports, absence policy data, and information on workplace accidents or incidents.
• Right to consultation and initiative (Articles 23 and 24 WOR)
  The works council has the right to regular consultation meeting with the employer on health and safety policies. The works council can also propose improvements to workplace conditions, which the employer is obliged to discuss.
• Care task of the Works Council (Article 28 WOR)
  The works council has an explicit duty to monitor compliance with workplace health and safety regulations.

Works councils may establish committees (Article 15 WOR). A VGWM committee (focused on Safety, Health, Well-being, and Environment) is a permanent committee specifically addressing working conditions. Such a committee, which includes motivated employees beyond just works council members, can play a proactive role in monitoring workplace conditions and identifying employee needs, as well as risks and bottlenecks.

For both the works council and the employer, a VGWM committee offers several benefits:

• Enhanced compliance with laws and regulations;
• Specialized knowledge among committee members;
• More efficient decision-making;
• An inclusive approach, actively involving non-council employees;
• And last but not least, constructive, goal-oriented collaboration with the works council;
• Greater employee engagement with relevant topics.

The compliance study confirmed that health and safety are important themes for works councils. The Social and Economic Council (SER) has recommended that every works council be required to establish a Health and Safety or VGWM committee, with enforcement from the Labor Authority. Whether this requirement will actually be implemented is yet to be seen, but the message is clear.

Even without a mandate, it would be wise for employers to encourage their works councils to set up a VGWM committee and ensure its members are well-trained. This collaboration leads to:

• Improved quality of consultations;
• Efficient and high-quality decision-making;
• A well-supported health and safety policy that aligns with workplace realities.

Looking to collaborate with your works council on health and safety? We’re here to help. Ernst van Win, Attorney at law Employment, Employee Participation & Mediation or Barbara van Dam-Keuken, Paralegal Employment & Employee Participation, can assist you.

Would you like a monthly overview of updates and blogs in your inbox? Click here to subscribe to our newsletter!