BE Country Summary Report FINAL June 2015

Evaluation of the EU Occupational
Safety and Health Directives
COUNTRY SUMMARY REPORT FOR

BELGIUM
VC/2013/0049
June 2015
This Report has been prepared for COWI under Service Contract VC/2013/0049. It was
completed by Sophie Vancauwenbergh, Lucie Meura and Véronique Bruggeman. Milieu was
responsible for overall editing of the report.
The views expressed herein are those of the consultants alone and do not necessarily represent
the official views of the European Commission.
Milieu Ltd. (Belgium), rue Blanche 15, B-1050 Brussels, tel: +32 2 506 1000; fax: +32 2 514
3603; web address: www.milieu.be
Evaluation of the EU Occupational Safety and Health Directives
TABLE OF CONTENTS
TABLE OF TABLES ..................................................................................................................... 4

ABBREVIATIONS USED ............................................................................................................. 6
INTRODUCTION ....................................................................................................................... 7
1 MAPPING QUESTION 1: STRUCTURAL COMPONENTS OF HEALTH AND SAFETY
DIRECTIVES .............................................................................................................................. 8
1.1 General legal framework ....................................................................................... 8
1.2 General institutional framework ..........................................................................14
1.2.1 Key policy documents ...........................................................................14
1.2.2 Main authorities and stakeholders .......................................................14
1.2.3 Coordination ............................................................................................15
1.3 Legal coverage, observed discrepancies and more stringent measures ..15
1.3.1 Observed discrepancies, more stringent and more detailed
measures .................................................................................................................15
1.3.2 Options ................................................................................................... 104
1.4 Interactions ...........................................................................................................105
2 MAPPING QUESTION 2: GAPS IN CONTENT OR TIME ................................................ 110
2.1 Transitional periods ..............................................................................................110
2.2 Derogations ..........................................................................................................110
3 MAPPING QUESTION 3: LEVEL OF COMPLIANCE BY DIFFERENT STAKEHOLDERS .... 120
3.1 Degree of compliance.......................................................................................120
3.2 Approaches to compliance..............................................................................159
4 MAPPING QUESTION 4: ACCOMPANYING ACTIONS THAT SUPPORT THE RESPECT OF
THE RULE ............................................................................................................................... 166
4.1 Existing accompanying actions ........................................................................166
4.2 Use of accompanying actions..........................................................................178
4.3 Gaps ......................................................................................................................178
5 MAPPING QUESTION 5: ENFORCEMENT .................................................................... 180
6 MAPPING QUESTION 6: SPECIFIC GROUPS OF WORKERS ........................................ 197
7 MAPPING QUESTION 7: SMES AND MICRO-ENTERPRISES......................................... 202
ANNEX I – BIBLIOGRAPHY .................................................................................................. 208
ANNEX II – INTERVIEWS....................................................................................................... 210
TABLE OF TABLES
Table 1- 1 General Legal Framework ........................................................................................ 9

Table 1- 2 Directive 89/391/EEC (Framework Directive) - Observed discrepancies, more
stringent and more detailed requirements ................................................................................ 19
Table 1- 3 Council Directive 89/654/EEC (workplace) - Observed discrepancies, more
Table 1- 4 Directive 2009/104/EC (work equipment) - Observed discrepancies, more stringent
and more detailed requirements ............................................................................................... 29
Table 1- 5 Council Directive 89/656/EEC (PPE) - Observed discrepancies, more stringent and
more detailed requirements ...................................................................................................... 33
Table 1- 6 Council Directive 92/58/EEC (OSH signs) - Observed discrepancies, more
Table 1- 7 Directive 1999/92/EC (ATEX) - Observed discrepancies, more stringent and more
detailed requirements ............................................................................................................... 37
Table 1- 8 Council Directive 90/269/EEC (manual handling of loads) - Observed
discrepancies, more stringent and more detailed requirements................................................ 39
Table 1- 9 Council Directive 90/270/EEC (display screen equipment) - Observed
Table 1- 10 Directive 2002/44/EC (vibration) - Observed discrepancies, more stringent and
Table 1- 11 Directive 2003/10/EC (noise) - Observed discrepancies, more stringent and more
detailed requirements ............................................................................................................... 49
Table 1- 12 Directive 2004/40/EC (electromagnetic fields) - Observed discrepancies, more
Table 1- 13 Directive 2006/25/EC (artificial optical radiation) - Observed discrepancies, more
Table 1- 14 Directive 2004/37/EC (carcinogens or mutagens) - Observed discrepancies, more
Table 1- 15 Council Directive 98/24/EC (chemical agents at work) - Observed discrepancies,
more stringent and more detailed requirements ....................................................................... 65
Table 1- 16 Directive 2009/148/EC (asbestos) - Observed discrepancies, more stringent and
Table 1- 17 Directive 2000/54/EC (biological agents) - Observed discrepancies, more
Table 1- 18 Council Directive 92/57/EEC (temporary or mobile construction sites) - Observed
Table 1- 19 Council Directive 92/104/EEC (surface and underground mineral-extracting
industries) - Observed discrepancies, more stringent and more detailed requirements ........... 82
Table 1- 20 Council Directive 92/91/EEC (mineral-extracting industries through drilling) -
Observed discrepancies, more stringent and more detailed requirements ............................... 84
Table 1- 21 Council Directive 92/29/EEC (medical treatment on board vessels) - Observed
Table 1- 22 Council Directive 93/103/EC (work on board fishing vessels) - Observed
Table 1- 23 Council Directive 92/85/EEC (pregnant/breastfeeding workers) - Observed
Table 1- 24 Council Directive 91/383/EEC (temporary workers) - Observed discrepancies,
Table 1- 25 Council Directive 94/33/EC (young people at work) - Observed discrepancies,
Table 1- 26 Options ................................................................................................................ 104
Table 1- 27 Directive 89/391/EEC (Framework Directive) - Interactions between CPMs ... 106
Table 2- 1 Transitional Periods .............................................................................................. 110

Table 2- 2 Derogations ........................................................................................................... 112
Table 3- 1 Degree of compliance: Common processes and mechanisms .............................. 122

Table 3- 2 Degree of compliance: Common processes and mechanisms (individual Directives)
................................................................................................................................................ 129
Table 3- 3 Degree of compliance: Key requirements ............................................................ 149
Table 3- 4 Approaches to compliance .................................................................................... 159
Table 4- 1 Accompanying Actions......................................................................................... 174
Table 5- 1 Enforcement authorities ........................................................................................ 180

Table 5- 2 Inspections statistical data .................................................................................... 184
Table 5- 3 Number of inspections per sector in Belgium ...................................................... 184
Table 5- 4 Data on enforcement strategy ............................................................................... 188
Table 5- 5 Result table – type and level of sanctions ............................................................. 188
Table 5- 6 Total number of infringements which resulted in legal action ............................. 195
Table 6- 1 Tools addressing risk factors for all vulnerable groups ........................................ 198
Table 7- 1 Overview of measures targeting SMEs and micro-enterprises ............................. 202

Table 7- 2 Description of measures targeting SMEs and micro-enterprises .......................... 203
ABBREVIATIONS USED
AD HUA Directorate General for the Humanisation of Work (Algemene Directie

Humanisering van de Arbeid)
AD TWW Directorate General for the Control of Well Being at Work (Algemeen Directie
Toezicht Welzijn op het Werk)
BESWIC Belgian Safe Work Information Centre
CPMs Common Processes and Mechanisms
CPPT Committee for Prevention and Protection at Work
ESPP External Service for Protection and Prevention
FAQ Frequently Asked Questions
FPS Federal Public Service
FPS ELS Federal Public Service for Employment, Labour and Social Dialogue
ISPP Internal Service for Protection and Prevention
MSDs Musculo-skeletal disorders
MQs Mapping questions
OSH Occupational Health and Safety
OSH Committee Committee for the Prevention and Protection of Health and Safety at Work
RD Royal Decree
RGPT General Regulation for the protection of work (Règlement Général pour la
Protection du Travail)
SME Small and medium-sized enterprise
TEU Technical exploitation unit
INTRODUCTION
General introduction to the report
This report presents a review of the main features of the practical implementation of 24 EU
occupational safety and health (OSH) Directives in Belgium. The information in this report has been
gathered between October 2013 and June 2014. This Country Summary Report, together with the
Summary Reports prepared for each of the other Member States, aims at mapping the implementation
of the OSH Directives in the EU as a whole. It is based on a desk-study and interviews with national
stakeholders (see Annex II for details on interviews carried out) and is one of the sources of
information for the overall evaluation of the implementation. The Country Summary Reports will form
an Appendix to the Final Report, which will compile the results of the evaluation and the associated
recommendations.
This review is based on seven key mapping questions, which will inform the evaluation of the
implementation of the OSH Directives in all Member States and the EU in general. The seven general
Mapping Questions (MQs), which have been defined by the Commission and are answered in this
Country Summary Report, are the following:
Mapping question
MQ1: “Across the Member States, how are the different 'common processes' and 'mechanisms' foreseen
by the Directives put in place and how do they operate and interact with each other?”
MQ2: “What derogations and transitional periods are applied or have been used under national law
under several of the Directives concerned?”
MQ3: “What are the differences in approach to and degree of fulfilment of the requirements of the EU
OSH Directives in private undertakings and public-sector bodies, across different sectors of economic
activity and across different sizes of companies, especially for SMEs, microenterprises and self-
employed?”
MQ4: “What accompanying actions to OSH legislation have been undertaken by different actors (the
Commission, the national authorities, social partners, EU-OSHA, Eurofound, etc.) to improve the level of
protection of health and safety at work and to what extent are they actually used by companies and
establishments to pursue the objective of protecting health and safety of workers? Are there any
information needs that are not met?”
MQ5: “What are the enforcement (including sanctions) and other related activities of the competent
authorities at national level and how are the priorities set among the subjects covered by the
Directives?”
MQ6: “What are the differences of approach across Member States and across establishments with
regard to potentially vulnerable groups of workers depending on gender, age, disability, employment
status, migration status, etc., and to what extent are their specificities, resulting in particular from their
greater unfamiliarity, lack of experience, absence of awareness of existing or potential dangers or their
immaturity, addressed by the arrangements under question?”
MQ7: “What measures have been undertaken by the Member States to support SMEs and
microenterprises (e.g. lighter regimes, exemptions, incentives, guidance, etc.)?”
The template is structured according to these mapping questions.
Milieu Ltd Country Summary Report for Belgium / 7

Brussels
1 MAPPING QUESTION 1: STRUCTURAL COMPONENTS OF HEALTH AND SAFETY
DIRECTIVES
This first section focuses on how the national legal and institutional frameworks have been designed to
reflect the main common processes and mechanisms (CPMs) of each Directive. It includes:
 A review of the national transposing legislation and the general structure of the legal framework;
 Mechanisms of coordination amongst the different authorities responsible for the implementation
of the directives;
 The identification of any delays in transposing directives, focusing on most recent ones;
 Differences between the Directives’ requirements and the national ones, looking at observed
discrepancies, more stringent and more detailed provisions;
 Interactions between CPMs as embedded in the legislation.
1.1 GENERAL LEGAL FRAMEWORK
A 1996 Law on health and safety at work, the so-called ‘Welfare Law’, is now the main piece of
legislation setting out the general principles and requirements, transposing the Framework Directive. It
represented a major change in Belgium OSH approach as it mainly establishes general objectives
rather than detailed and prescriptive requirements as it was the case with the previous framework
legislation – the General Regulation on Health and Safety at Work (Algemeen Reglement voor de
Arbeidsbescherming - ARAB). Additional general requirements and principles are included in the 1998
OSH Royal Decree. Moreover, institutional aspects, such as the establishment and functioning of the
internal and external protection and prevention services or of the consultation committees have been
transposed in specific Royal Decrees.
Most individual directives are transposed in one specific piece of legislation, typically a Royal Decree,
adopted under the framework of the 1996 Law. Several Royal Decrees were necessary to transpose
Directive 89/654/EEC (workplace) and Directive 2009/104/EC (work equipment). With regard to the
latter, the Work Equipment Directive’s main requirements are transposed in the Royal Decree of 12
August 1993 on the use of work equipment, while individual royal decrees regulate the use of various
specific equipment, respectively mobile work equipment, work equipment for lifting loads and work
equipment for elevated temporary work.
The Belgian legislation in the area of health and safety at work covers all types and sectors, without
distinction, including the public sector and SMEs. The enforcement body competent for occupational
health and safety issues and the procedures in case of infringement in the public sector is the same as
in the private sector.
Nevertheless, under the Law on well-being, it is possible in principle for specific measures to be laid
down by Royal Decree to take account of the particular situation of teleworkers, SMEs, the armed
forces, and police and civil protection services, in order to obtain an equivalent level of protection
(Article 4(1), third paragraph, of the Law on well-being at work), but there are not at present any
general provisions implementing this principle.1
Two infringement proceedings for non-communication were started against Belgium in relation to the
transposition of the OSH Framework Directive. Both cases (from 1995 and 1998) are closed. Another
infringement procedure for non-communication in relation to the transposition of Council Directive
1
National Implementation Report 2013, Part A, Section I, (EN) p.11.

Brussels
98/24/EC (chemical agents at work) has also been closed after national measures were adopted and
notified following reasoned opinion.
The following table provides an overview of the approach to transposition, indicating whether there is
one law covering all OSH issues (O) as opposed to transposition spread over different acts (S). It then
lists transposing national legislation per directive, specifying whether there was legislation existing
prior to transposition. Finally, it identifies any infringement proceedings, which were mentioned in an
overview table provided by the Commission.
Table 1- 1 General Legal Framework
Legislation prior
Infringement
Directive O S Transposing National Legislation to transposition
proceedings
(Y/N)
Law of 4 August 1996 on the health and Y Two
safety of workers at work, (Wet van 4 infringement
augustus 1996 betreffende het welzijn proceedings
van de werknemers bij de uitvoering van were started
hun werk, B.S. 18.9.1996) (OSH Law) against Belgium
for non-
Royal Decree of 27 March 1998 communication.
concerning policy on health and safety Cases 1995/2133
of workers at work (Koninklijk Belsuit van and 1998/2015
27 maart 1998 betreffende het beleid are closed.
inzake welzijn van de werknemers bij de
uitvoering van hun werk, B.S.
31.3.1998)(OSH RD)
Royal Decree of 27 March 1998 on the

Internal Service for prevention and
protection at work (Koninklijk besluit van
27 maart 1998 betreffende de Interne
Dienst voor preventie en bescherming
op het Werk, B.S. 31.3.1998)(ISPP RD)
Directive Royal Decree of 27 March 1998 on the

89/391/EEC S External services for prevention and
(Framework protection at work (Koninklijk besluit van
Directive) 27 maart 1998 betreffende de externe
diensten voor preventie en bescherming
op het werk, B.S. 31.3.1998)(ESPP RD)
Royal Decree of 29 April 1999 on the

recognition of external services for
technical controls at work (Koninklijk
besluit van 29 april 1999 betreffende de
erkenning van externe diensten voor
technische controles op de werkplaats,
B.S. 2.9.1999)(ESTC RD)
Royal Decree of 3 May 1999 on the tasks

and functioning of the Committees for
prevention and protection at work
(Koninklijk besluit van 3 mei 1999
betreffende de opdrachten en de
werking van de Comités voor preventie
en bescherming op het werk, B.S.
10.7.1999)(CPP RD)
Royal Decree of 28 May 2003 on the

Brussels
Legislation prior
Infringement
proceedings
(Y/N)
health surveillance of employees
betreffende het gezondheidstoezicht op
de werknemers, B.S. 16.6.2003)(Health
Surveillance RD)
Royal Decree of 10 October 2012 Y
establishing minimum requirements of
workplaces (Koninklijk besluit van 10
oktober 2012 tot vaststelling van de
algemene basiseisen waaraan
arbeidsplaatsen moeten beantwoorden
B.S. 05.11.2012) (Workplace RD)
Royal Decree of 4 December 2012

establishing minimum requirements of
electrical installations at workplaces
(Koninklijk besluit van 4 december 2012
betreffende de minimale voorschriften
inzake veiligheid van elektrische
installaties op arbeidsplaatsen B.S.
21.12.2012) (Electricity RD)
Royal Decree of 4 June 2012 on thermal

environmental factors (Koninklijk besluit
Council van 4 juni 2012 betreffende de
Directive thermische omgevingsfactoren B.S.
S
89/654/EEC 21.06.2012) (Thermal environment RD)
(workplace)
Royal Decree of 15 December 2010 on
first aid provided to employees who are
victims of an accident or feel unwell
(Koninklijk besluit van 15 december 2010
betreffende de eerste hulp die verstrekt
wordt aan werknemers die slachtoffer
worden van een ongeval of die onwel
worden B.S. 28.12.2010) (First Aid RD)
Royal Decree of 28 March 2014 on fire

prevention at the workplace (Koninklijk
besluit betreffende de brandpreventie
op arbeidsplaatsen B.S. 23.04.2014) (Fire
prevention RD)
Art.52 General Rules of Procedure for

Workers’ Protection (Algemeen
Reglement voor de
Arbeidsbescherming) (ARAB)
Royal Decree of 12 August 1993 on the Y
use of work equipment (Koninklijk besluit
van 12 augustus 1993 betreffende het
Directive gebruik van arbeidsmiddelen B.S.
2009/104/EC S 28.09.1993) (WE RD)
(work
equipment) Royal decree of 4 May 1999 on the use
of mobile work equipment (Koninklijk
besluit van 4 mei 1999 betreffende het
gebruik van mobiele arbeidsmiddelen,

Brussels
Legislation prior
Infringement
proceedings
(Y/N)
B.S. 04.06.1999) (MWE equipment RD)
Royal Decree of 4 May 1999 on the use

of work equipment used for lifting loads
betreffende het gebruik van
arbeidsmiddelen voor het hijsen of
heffen van lasten, B.S. 04.06.1999) (LLWE
RD)
Royal Decree of 31 August 2005 on the

use of work equipment for temporary
work at a height (Koninklijk besluit van 31
augustus 2005 betreffende het gebruik
van arbeidsmiddelen voor tijdelijke
werkzaamheden op hoogte, B.S.
15.09.2005) (THWE RD)
Royal Decree of 13 June 2005 on the use Y
Council of personal protective equipment
Directive (Koninklijk besluit van 13 juni 2005
O
89/656/EEC betreffende het gebruik van persoonlijke
(PPE) beschermingsmiddelen, B.S. 14.07.2005)
(PPE RD)
Royal Decree of 17 June 1997 on signs Y
Council on safety and health at work (Koninklijk
Directive besluit van 17 juni 1997 betreffende de
O
92/58/EEC veiligheids- en gezondheidssignalering
(OSH signs) op het werk, B.S. 19.09.1997) (OSH signs
RD)
Royal Decree of 26 march 2003 related Y
to the health and safety of workers
potentially at risk from explosive
Directive
atmospheres (Koninklijk besluit van 26
1999/92/EC O
maart 2003 betreffende het welzijn van
(ATEX)
de werknemers die door explosieve
atmosferen gevaar kunnen lopen, B.S.
05.05.2003) (ATEX RD)
Council Y
Royal Decree of 12 August 1993 on the
Directive
manual handling of loads (Koninklijk
90/269/EEC
O besluit van 12 augustus 1993 betreffende
(manual
het manueel hanteren van lasten, B.S.
handling of
29.09.1993) (MHL RD)
loads)
Royal Decree of 27 August 1993 on work N
Council
on display screen equipment (Koninklijk
Directive
besluit van 27 augustus 1993
90/270/EEC O
betreffende het werken met
(display screen
beeldschermapparatuur, B.S. 07.09.1993)
equipment)
(Display Screen Equipment RD)
Royal Decree of 7 July 2005 on Y
protection of health and safety of
Directive workers against the risks from
2002/44/EC O mechanical vibrations at work (Koninklijk
(vibration) besluit van 7 juli 2005 betreffende de
bescherming van de gezondheid en de
veiligheid van de werknemers tegen de

Brussels
Legislation prior
Infringement
proceedings
(Y/N)
risico's van mechanische trillingen op het
werk, B.S. 14.07.2005) (Vibrations RD)
Royal Decree of 16 January 2006 on Y
workers against the risks from noise at
Directive
work (Koninklijk besluit van 16 januari
2003/10/EC O
2006 betreffende de bescherming van
(noise)
de gezondheid en de veiligheid van de
werknemers tegen de risico's van lawaai
op het werk, B.S. 15.02.2006) (Noise RD)
Directive 2004/40/EC on N
Directive
electromagnetic fields has not yet been
2004/40/EC
O transposed in Belgium. As a
(electromagne
consequence, the general requirements
tic fields)
of the OSH Law and the OSH RD apply.
Royal Decree of 22 April 2010 on N
workers against the risks related to
Directive
artificial optical radiation at work
2006/25/EC
(Koninklijk besluit van 22 april 2010
(artificial O
betreffende de bescherming van de
optical
gezondheid en de veiligheid van de
radiation)
werknemers tegen de risico's van
kunstmatige optische straling op het
werk, B.S. 06.05.2010) (AOR RD)
Royal Decree of 2 December 1993 on Y
the protection of workers against risks
related to carcinogens and mutagens
Directive agents at work (Koninklijk besluit van 2
2004/37/EC december 1993 betreffende de
O
(carcinogens or bescherming van de werknemers tegen
mutagens) de risico's van blootstelling aan
kankerverwekkende en mutagene
agentia op het werk, B.S. 29.12.1993)
(Carcinogens and mutagens RD)
Y Infringement
Case no.
Royal Decree of 11 March 2002 on
01/0347/BE –
Case of non-
workers against the risks related to
Council communication
chemical agents at work (Koninklijk
Directive – Closed case:
besluit van 11 maart 2002 betreffende
98/24/EC O national
de bescherming van de gezondheid en
(chemical measures
de veiligheid van de werknemers tegen
agents at work) adopted and
de risico's van chemische agentia op
notified
het werk, B.S. 14.03.2002) (Chemical
following
Agents RD)
reasoned
opinion
Royal Decree of 16 March 2006 on Y
protection of workers against risks
Directive related to asbestos (Koninklijk besluit van
2009/148/EC O 16 maart 2006 betreffende de
(asbestos) bescherming van de werknemers tegen
de risico's van blootstelling aan asbest,
B.S. 23.03.2006) (Asbestos RD)
Directive O Royal Decree of 4 August 1996 on the Y

Brussels
Legislation prior
Infringement
proceedings
(Y/N)
2000/54/EC protection of workers against risks
(biological related to the exposition at work to
agents) biological agents (Koninklijk besluit van 4
augustus 1996 betreffende de
bescherming van de werknemers tegen
de risico's bij blootstelling aan
biologische agentia op het werk, B.S.
01.10.1996) (Biological Agents RD)
Council Y
Royal Decree of 25 January 2001 on
Directive
temporary or mobile construction sites
92/57/EEC
(Koninklijk besluit van 25 januari 2001
(temporary or O
betreffende de tijdelijke of mobiele
mobile
bouwplaatsen, B.S. 07.02.2001)
construction
(Temporary construction sites RD)
sites)
minimal requirements for improving
Council
safety and health of workers of surface
Directive
or underground extractive industries
92/104/EEC
(Koninklijk besluit van 6 januari 1997
(surface and
O betreffende de minimumvoorschriften
underground
ter verbetering van de bescherming van
mineral-
de veiligheid en de gezondheid van
extracting
werknemers in de winningsindustrieën in
industries)
dagbouw of ondergronds, B.S.
12.03.1997) (Mineral Extraction RD)
minimal requirements for improving
Council safety and health of workers in
Directive extractive industries through drilling
92/91/EEC (Koninklijk besluit van 6 januari 1997
(mineral- O betreffende minimumvoorschriften ter
extracting verbetering van de bescherming van de
industries veiligheid en de gezondheid van
through drilling) werknemers in de winningsindustrieën
die delfstoffen winnen met behulp van
boringen, B.S. 12.03.1997) (Drilling RD)
Council Royal Decree of 7 January 1998 on Y
Directive medical assistance on board vessels
92/29/EEC (Koninklijk besluit van 7 januari 1998
O
(medical betreffende de medische hulpverlening
treatment on aan boord van schepen, B.S. 18.03.1998)
board vessels) (Vessels RD)
Council Royal Decree of 20 July 1973 on Y
Directive maritime inspection (Koninklijk besluit
93/103/EC O van 20 juli 1973 houdende
(work on board zeevaartinspectiereglement, B.S.
fishing vessels) 31.07.1998) (Fishing Vessels RD)
Council Y
Royal Decree of 2 May 1995 on the
Directive
protection of maternity (Koninklijk besluit
92/85/EEC
O van 2 mei 1995 inzake
(pregnant/bre
moederschapsbescherming, B.S.
astfeeding
18.05.1995) (Maternity RD)
workers)
Council Royal decree of 15 December 2010 Y
O
Directive establishing requirements for the safety

Brussels
Legislation prior
Infringement
proceedings
(Y/N)
91/383/EEC and health at work of temporary workers
(temporary (Koninklijk besluit van 15 december 2010
workers) tot vaststelling van maatregelen
betreffende de veiligheid en de
gezondheid op het werk van
uitzendkrachten, B.S. 28.12.2010)
(Temporary Workers RD)
Royal Decree of 3 May 1999 on the Y
Council
protection of young people at work
Directive
94/33/EC O
betreffende de bescherming van de
(young people
jongeren op het werk, B.S. 3.6.1999)
at work)
(Young Workers RD)
1.2 GENERAL INSTITUTIONAL FRAMEWORK
This section presents key policy documents and describes the institutional structure together with roles
and responsibilities of the main authorities and other stakeholders. It reviews all mechanisms and
structures for coordination amongst those authorities in the framework of the transposition and
implementation of the directives. Control and enforcement authorities will be covered under Section 5
below.
Belgium has adopted a 2008-2012 National Strategy for Well-Being at Work.
The main competent authority is the Federal Ministry of Employment, Labour and Social Dialogue.
Two advisory bodies, the National Work Council, and the High Council for Prevention and Protection
at work support the government. Both councils composed of an equal number of representatives from
the employers’ and workers’. The Ministry and the High Council are both entrusted with coordination
as it is considered that because of the high degree of centralisation of the institutional framework
within the Ministry of Employment, there is no specific need for a separate coordination structure or
mechanisms.
1.2.1 Key policy documents
A National Strategy for Well-Being at Work 2008-20122 was adopted in November 2008. The 2008-
2012 strategy included five “Programmes” on ‘strengthening the effectiveness of the prevention
services and their actions’, ‘improving the treatment of occupational illnesses and the reintegration of
workers’, ‘strengthening the monitoring and the effectiveness of the application of the legislation and
regulations, in particular in the at-risk sectors’, ‘modernising and simplifying legislation and
regulation’ and ‘constant and continuous assessment’. Along the five programmes, 12 thematic
projects were proposed. For each project, objectives and actions were defined.
1.2.2 Main authorities and stakeholders
In Belgium, employment legislation and legislation on health and safety at work are a competence of
the Federal Ministry of Employment, Labour and Social Dialogue (Federale Overheidsdienst voor
Werkgelegenheid, Arbeid en Sociaal overleg) (‘FPS ELS’). Labour and employment policy is still an
exclusive competence of the federal authorities. The main OSH Law and its implementing decisions
2
http://www.beswic.be/nl/systems

Brussels
are therefore adopted by the Federal government. Moreover, the preparation of policy documents, such
as the National Strategy for Well-Being at Work, in 2008, is a responsibility of the Minister of
Employment.3
The preparation of legislative initiatives and implementing decisions takes place in close collaboration
with the National Work Council (Nationale Arbeidsraad). The National Work Council counts 26
effective members and 26 alternate members, nominated by Royal Order for four years. The members
are equally distributed between representatives of the employers and representatives of the employees.
The development of employment policy and of requirements for health and safety at work has always
taken place within a close dialogue with the social partners. The National Work Council provides
advice and prepares proposals for the Government or Parliament, in relation to social issues. In
particular on labour and social security legislation, the National Work Council has been given the
mandate to contribute to the development of new policy initiatives and legislation.
The OSH Law establishes a High Council for Prevention and Protection at work (Hoge Raad voor
Preventie en Bescherming op het werk) within the Ministry of Employment and Labour.4 The High
Council is composed of an equal number of representatives from the employers’ and workers’
organisations. It provides advice on the measures taken to implement the OSH Law, either on its own
initiative or upon request.
1.2.3 Coordination
Because of the high degree of centralisation of the institutional framework within the Ministry of
Employment, there is no specific need for a separate coordination structure or mechanisms.
Coordination is ensured within the Ministry including with the advisory High Council.
According to the interviews carried out within the project, in practice, the level of coordination is
illustrated in the drafting of a royal decree act, which is done in accordance with the following steps:
First, a working group composed of members of the SPF ELS is created. The working group is
composed of members of two divisions of the SPF ELS: on the one hand, members of the Directorate
General for the Humanisation of Work (‘AD-HUA’), on the other hand, members of the Directorate
General for the Control of Well Being at Work (‘AD-TWW’). Secondly, after a first draft of royal
decree is established by the working group and accepted by the Minister, the advisory opinion of the
High Council is requested. Thirdly, once the advisory opinion is expressed by the High Council, the
draft is considered by the Minister who will eventually amend it before adopting the Royal Decree. At
last the Council of State must provide an opinion on the draft project of the Royal Decree. With
regards to the adoption of laws, both the National Work Council and the Council of State must provide
an opinion on the draft project or draft proposal.
1.3 LEGAL COVERAGE, OBSERVED DISCREPANCIES AND MORE STRINGENT MEASURES
1.3.1 Observed discrepancies, more stringent and more detailed measures
The following tables describe observed discrepancies between the Directive’s requirements and the
transposing legislation and cases where the national legislation provides for more stringent, broader or
more detailed measures than the Directive’s ones. There is one table per directive.
Observed discrepancies between the Directive’s requirements and the transposing legislation cover
instances where the text of the national transposing legislation is different from the transposed
3
See also: http://oshwiki.eu/wiki/OSH_system_at_national_level_-_Belgium
4
Article 44 OSH Law

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Directive’s provisions. This difference could lead to the non-application or partial application of the
relevant CPM due to contradiction between the national provision and the corresponding one in the
Directive. They are considered for each CPM, scoping requirements and limit values when relevant
(tables 1-2 to 1-25).
More stringent provisions set requirements which go beyond the requirements of the Directive e.g.
more severe limit values. This review covers systematically the scope and relevant definitions as well
as provisions setting limit values.
The identification of more specific requirements is different from more stringent measures, as it relates
to the extent to which national law includes more detailed mechanisms for the implementation of the
CPMs. In such cases, the main requirements of the Directive are fully and effectively transposed and
the Member States have set up more detailed rules on e.g. procedures, responsibilities, etc.
As described below, while no observed discrepancy has been identified, the Belgian transposing
legislation often sets more detailed or additional requirements e.g. in terms of periodicity of health
surveillance, content of risk assessment, etc. In several instances, it also broadens the scope of
application.
With regard to the Framework Directive scope, the Belgian legislation limits the exemption for certain
public services activities to specific exceptions rather than setting a blanket exemption. Provisions
relating to risk assessment are more detailed. In particular, the employers, together with the prevention
adviser and with the OSH Committee, are required to prepare a global prevention plan, which is then
declined in yearly action plans. Similarly, Belgium has set more detailed requirements in relation to
preventive and protective services. In particular, every employer is required to establish an internal
service for prevention and protection at work (ISSP), consisting of at least one employee. In
undertakings of less than 20 employees, the employer can fulfill the role of prevention adviser. The
composition of the ISSP (depending of the size of the company) and competences required are
regulated, as well as the external services. The Belgian legislation also details the content of the
information to be provided to workers. Specific arrangements on health surveillance records are
specified in the OSH RD. The Belgian legislation does not detail further the obligations relating to
consultation of workers. The law requires an OSH Committee to be established in any undertaking
employing more than 50 employees as well as smaller undertakings in specific sectors. Finally,
Belgian legislation also covers psychosocial aspects, including violence and psychological and sexual
harassment, as well as work-related stress. It also regulates investigation of major accidents at work.
With regard to Directive 89/654/EC (workplace), the scope of Belgian legislation is not broader and
there are almost no additional requirements in relation to key requirements. However, the Belgian
legislation details the minimum health and safety requirements set in Annexes I and II of Directive
89/654/EC e.g. lighting, minimum height, cleaning and technical maintenance, room temperature,
canteens or provision of beverages, etc.
In relation to Directive 2009/104/EC (work equipment), the Belgian legislation sets several additional
or more detailed requirements in particular on risk assessment (content, appropriate measures),
information for workers (content and form of the information e.g. written instruction on functioning,
maintenance and safety of work equipment).
The Belgian legislation extends the scope of Directive 89/656/EEC (PPE) to emergency and rescue
services. It sets up additional requirements in relation notably to information for workers (content and
form, in written and comprehensible) , on consultation of workers (e.g. right of the OSH Committee to
require the employer to get advice from specialised services for the purchase of PPE) and provisions
on inspections of PPE against falls from a height by an independent external service.
In relation to Directive 92/58/EEC (OSH signs), Belgium has set additional requirements only in

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relation to consultation of workers where the OSH Committee gives its opinion on proposed
alternative measures with a similar level of protection in case of replacement of illuminated signs,
and/or acoustic signals.
The additional requirements set for Directive 1999/92/EC (ATEX) relate to the involvement of the
ISSP in the organisation of areas at risk.
With regard to Directive 90/269/EC (manual handling of loads), the Belgian legislation sets additional
requirements in relation to risk assessment (involvement of various OSH services and occupational
doctors) and information of workers (content).
Directive 90/270/EEC (display screen equipment) has been further detailed for health surveillance
requirements (medical check for all workers at risk, periodicity of eye and eye sight testing).
The Belgian legislation sets also additional requirements for Directive 2002/44/EC (vibration)
concerning risk assessment (strategy to be developed by the employer for carrying out the risk
assessment and involvement of the OSH Committee and external services if the necessary technical
capacity is not available), health surveillance (health surveillance text prior to exposure, post-
exposure surveillance, provisions in case a worker is found to have an identifiable disease or adverse
occupational health effect), consultation of workers (involvement of the OSH Committee). There are
no more stringent values. Additional requirements established in relation to Directive 2003/10/EC
(noise) and Directive 2006/25/EC (artificial optical radiation) are similar. Directive 2004/40/EC
(electromagnetic fields) has not been transposed and the general OSH requirements apply.
In relation to Directive 2004/37/EC (carcinogens or mutagens), the Belgian legislation sets more
specific requirements in relation to risk assessment (periodicity), information to workers (in the form
of an individual briefing document), health surveillance (post exposure surveillance, periodicity and
timing to keep records), consultation of workers (involvement of the OSH Committee). There is no
more stringent binding values or binding limit values on other carcinogens and mutagens.
With regard to Directive 98/24/EC (chemical agents at work), a formula for determining the
cumulative effect of exposure to various chemical agents is provided by the Belgian legislation.
Additional requirements are set for information to workers (information on the results of the
measurements comparing exposure to the limit values, labelling requirements), health surveillance
(arrangements for health records and periodicity of health surveillance) and consultation of workers
(involvement of the OSH Committee). The Belgian legislation sets more stringent limit values or
additional limit values – which is seen as an observed discrepancy. Other additional requirements
include rules on the measurements of chemical agents which present a risk for workers’ health.
The Belgian legislation also prescribed additional requirements as regards Directive 2009/148/EC
(asbestos), in particular, on risk assessment (duration of exposure to be assessed, methodology), health
surveillance (whenever a worker is exposed to asbestos, continued medical surveillance when
prescribed by the health advisor, time for keeping health records, periodicity) and other aspects such
as measurements and methods for the removal of asbestos-containing material. Belgium has not set
more stringent limit values.
In relation to Directive 2000/54/EC (biological agents), Belgium has set additional requirements in
particular for health surveillance (duration for keeping individual health records, conditions for health
surveillance, periodicity in specific cases; content of health examination and vaccinations) and
consultation of workers (involvement of the OSH Committee). The Belgian legislation has also added
activities to the indicative list of Annex I.
When transposing Directive 92/57/EEC (temporary or mobile construction sites), Belgium set more
detailed requirements placed on the coordinator and coordination in general on the construction site.

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There is no additional requirement in relation to Directive 92/104/EEC (surface and underground
mineral-extracting industries) and Directive 92/91/EEC (mineral-extracting industries through
drilling).
Concerning Directive 92/29/EEC (medical treatment on board vessels), the scope of the Belgian
legislation is broadened to war ships. In addition to the Directive’s, it also prescribes the doctor to be
accompanied by a nurse for a vessel with 300 or more people on board. In relation to Directive
93/103/EC (work on board fishing vessels), the Belgian legislation sets additional requirements for
information to workers (comprehensible written instructions and guidelines for new workers and
appointment of a co-worker), training of workers (for all crew members including on emergency and
equipment) and regular checks and implementation of a dynamic risk monitoring system.
With regard to Directive 92/85/EEC (pregnant/breastfeeding workers), the Belgian legislation sets a
number of protective mechanisms from the moment the pregnancy is notified.
Belgium has also established several additional requirements in relation to Directive 91/383/EEC
(temporary workers). These relates in particular to information to workers (preparation of a work
station note and information on risks), training (induction training), and the obligation for the central
prevention service for the temporary work sector to create a central database.
The scope of Belgian legislation is broader than the one of Directive 94/33/EC (young workers) as it
also covers short-term work in domestic services in a family undertaking. Additional requirements are
introduced with regards to risk assessment (up-dating once a year, preventive and protective services
(advice on measures for training), training (prior training, health surveillance (for any work for
workers less than 18 years old, prior and periodic health checks).
Results from interviews with stakeholders
Under the impetus of the Directives, the legislator gradually transferred the previous OSH obligations
laid down in the RGPT (General Regulation for the Protection of Work) into the transposing
legislation (Code on Well-being at work). This process undertaken under the supervision of the High
Council for Health and Safety at Work guaranteed the adoption of an overall coherent legislation. The
national authorities however reported the existence of some observed discrepancies between different
Directives. According to them, some notions (e.g. prevention adviser, security adviser, definition of
representative, fire exits) are not clearly defined in EU legislation and can lead to gaps and overlaps
given the uncertainty on the role, functions and content of these notions. Stakeholders moreover
repeatedly reported the more stringent character of the legislation transposing the Directive on
temporary or mobile construction sites.

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Table 1- 2 Directive 89/391/EEC (Framework Directive) - Observed discrepancies, more stringent and more detailed requirements
CPM Main provisions Observed discrepancies More detailed or broader requirements
Art.1 No observed discrepancy  Are specific public service activities (such as armed forces
1. All sectors of activity, both public and private has been identified in or police) included in the scope of the legislation which
(industrial, agricultural, commercial, terms of scope and are not in the Directive?
administrative, service, educational, cultural, definitions. N. NIR 2013 specifies here the following: “The Directive does
leisure, etc.). not apply where characteristics peculiar to certain specific
2. Not be applicable where characteristics public service activities, such as the armed forces or the
peculiar to certain specific public service police, preclude its application (Article 2(2) of the Framework
activities, such as the armed forces or the Directive). While this exception has been transposed into the
police, or to certain specific activities in the civil Law on well-being (...), i.e. the possibility of laying down
protection services inevitably conflict with it. specific measures to take account of the specific situation of
Art.3 the police and armed forces, for instance (Article 4(1), third
 Apply to any person employed by an paragraph, of the Law on well-being at work), such measures
employer, including trainees and apprentices have not (as yet) been implemented. A similar level of
but excluding domestic servants; protection must in practice be guaranteed and the current
 Employer: any natural or legal person who has position is that the armed forces and the police must also be
Scope and
an employment relationship with the worker subject to the general principles of protection set out in Article
definitions
and has responsibility for the undertaking and/ 5 of the Law on well-being, to which certain implementing
(Art.1 and 3)
or establishment decrees may possibly make specific exceptions (for instance
the exception to the rules on PPE for military personnel, the
police and personnel of the services of law and order set out
in Article 3(4)(b) of the Royal Decree of 13 June 2005 on the
use of personal protective equipment, specific rules
connected with the rescue of persons where rope techniques
are used and specific rules connected with diving activities).”5
 Does the legislation include domestic servants in its
scope?
N. The legislation excludes domestic servants and other
domestic staff from its scope.
 Is the definition of employer broader than the Directive’s?
Y. The definition of ‘employer’ is broader as it includes any
person who employs employees. The requirement of
responsibility for the undertaking is not transposed because it
5
See National Implementation Report 2013, Part A, Section II, (EN) p.11.

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is contained in the notion of “employer” (OSH Law).

Art.6 No observed discrepancy  Are the risks to be taken into account in the assessment
 The employer must, taking into account the has been identified in described in a more specific manner than in the
nature of the activities of the enterprise and/ relation to the risk Directive?
or establishment evaluate the risks to the assessment. Y. The OSH RD lists the risks to be considered in a more
safety and health of workers, inter alia in the detailed manner. It lists 12 major risks to be considered, as a
choice of work equipment, the chemical minimum, including psychosocial risks such as the risk of
substances or preparations used, and the harassment and violence. (OSH RD)
fitting-out of work places.  Is the content of the risk assessment more detailed than
Art.9 described in the Directive?
 The employer shall be in possession of an Y. The OSH RD specifies that a risk assessment consists of three
assessment of the risks to safety and health at steps: a) the identification of dangers for the health and
work, including those facing groups of workers safety of workers at work, b) determining and further
exposed to particular risks. investigating the risks for health and safety at work and c)
evaluating such risks (OSH RD)
 Is a more specific methodology for risk assessment
provided in the legislation?
Conducting a
Y. The preventive measures have to be taken on the basis of
risk
the risk assessment, as required by the Directive, at the various
assessment
levels of the undertaking. The employer is then required to
Art. 6(3),
prepare a global prevention plan for his undertaking. The
9(1)(a)
global prevention plan shall identify the results of the risk
assessment, the preventive measures based on it, priority
objectives to be reached, actions that shall be taken to reach
these objectives, associated organisational, material and
financial requirements, the obligations for individual persons, a
mechanism of review to integrate changing circumstances as
well as criteria for the evaluation of OSH policy. Based upon
the global prevention plan, the employer prepares a yearly
action plan, in writing, establishing the priority objectives,
means, and responsibilities for the coming year. (OSH RD)
 Are the sources of information and persons in charge of
the risk assessment described in the legislation in a more
specific manner than in the Directive?
Y. The employer is in charge of carrying out the risk
assessment. He works together with the prevention adviser
and with the OSH Committee. The implementing RDs contain

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more detailed information about the participation of the

prevention adviser and the OSH Committee in each
undertaking. The OSH Law does not specify which sources of
information shall be used for the risk assessment. (OSH RD)
 The employer shall designate one or more No observed discrepancies  Does the legislation define in more specific terms who shall
workers to carry out activities related to the have been identified in be designated?
protection and prevention of occupational relation to the preventive Y. Every employer is required to establish an internal service for
risks for the undertaking and/ or establishment. and protective services. prevention and protection at work (ISSP), consisting of at least
 Designated workers may not be placed at one employee.6 This ISPP is responsible for the implementation
any disadvantage because of their activities of the health and safety measures in the undertaking on the
related to the protection and prevention of basis of the legal requirements contained in the OSH Law. The
occupational risks and shall be allowed ISPP, for example, takes part in the preparation of the risk
adequate time to enable them to fulfil their assessment required by Article 6 of the Directive. An external
obligations. service can be contracted to carry out control measures or
 If such protective and preventive measures health surveillance.
cannot be organized for lack of competent
Ensuring personnel in the undertaking and/ or The OSH Law and the ISPP RD specify that the ISPP shall consist
preventive establishment, the employer shall enlist of one or more prevention advisers. That person shall be an
and competent external services or persons. employee or, in small undertakings of less than 20 employees,
protective  He shall inform them of the factors known to the employer. (OSH Law and ISPP RD)
services affect, or suspected of affecting, the safety
Art.7(1) and health of the workers. Under the Belgian legislation on internal prevention and
 In all cases (internal/external services), they protection services (ISPP RD), the composition of the internal
must have the necessary capabilities/ service depends on the category of companies to which the
aptitudes and means and must be sufficient in company belongs (Art. 3, 9, 10, 11 and 22 ISPP RD). There are
number to deal with the organization of four categories of companies established by the ISPP RD.
protective and preventive measures. MS must Categorization of a company within one of the four groups (A,
define the necessary capabilities and B, C or D) depends on the number of workers employed by
aptitudes and determine the sufficient the company (ordinary criterion) and on the type of activity
number. undertaken (subsidiary criterion).
 The protection from, and prevention of, the
health and safety risks shall be the Companies falling within Group A are the ones that employ
responsibility of one or more workers, of one more than 1.000 workers. Group B covers companies with
service or of separate services whether from between 200 and 1.000 workers. Group C is for companies
6
In undertakings of less than 20 employees, the employer can fulfil the role of prevention adviser.

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inside or outside the undertaking and/ or employing between 20 and 200 workers, whereas Group D
establishment. The worker(s) and/ or concerns companies with less than 20 workers. These
agency(ies) must work together whenever thresholds are subjected to modifications where companies
necessary. conduct hazardous activities. As a means of illustration,
 MS may define, in the light of the nature of the companies active in the chemical industry only need to
activities and size of the undertakings, the employ: 50 workers to be considered under Group A,
categories of undertakings in which the between 20 and 49 workers to fall under Group B, and
employer, provided he is competent, may between 1 and 19 workers to be considered a Group C
himself take responsibility. company. All the modifications of the thresholds are
summarized and available here. These distinctions have an
impact on the required composition of the internal prevention
service.
Group A and B companies need to have a trained prevention
adviser in their internal prevention service. The level of training
of the prevention adviser also varies according to these
categories. In group C, the employer can have a trained
prevention adviser, in which case the company has a greater
expertise to execute the risk assessment and to support the
employer and the workers in taking appropriate prevention
measures (=C+). So group C-companies with a trained
prevention advisor have less need to call on an external
service.
 Are the conditions for resorting to external services more
specifically defined in the legislation?
Y. The general conditions for resorting to external services are
not more specifically defined in the legislation. The OSH Law
requires that, when it is not possible for an ISPP to carry out all
the tasks for which it is responsible on the basis of the law or
the implementing RDs, the employer shall entrust part of the
tasks to an ESPP. However, the ESPP RD sets out more detailed
conditions for the specific tasks entrusted to an ESPP. For
health surveillance, the ESPP RD for instance makes the
participation of ESPP mandatory when the prevention advisers
in the ISPP do not have the legal minimum qualifications to
carry out the health surveillance in an undertaking. (ESPP RD)
 Are the competences required from workers or external
services defined in the legislation?

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Y. The ISPP RD specifies the competences required for the

workers who wish to become prevention advisers in the
undertaking.7 They are in particular required to have sufficient
knowledge of the OSH legislation applicable to the workers in
the undertaking as well as sufficient scientific and technical
knowledge to carry out their responsibilities, listed in the ISSP
RD. Such knowledge relates, more precisely to, for example,
technical aspects of the risk assessment or of the OSH
measures to be implemented at work. A specific RD sets out
the content requirements for the training provided to
prevention advisers.8 (ISSP RD)
 Are criteria to define the resources (number of persons
designated) provided in the legislation?
N. The employer decides, after prior advice from the OSH
Committee, about the composition of the internal service.
(ISSP RD)
 The employer shall ensure that workers receive There are no observed  Does the legislation provide for specific conditions (e.g. size
all the necessary information concerning the discrepancies between the of the establishments) in relation to workers information?
safety and health risks and protective and Directive and the N.
preventive measures and activities in respect implementing legislation in  Is the content or form of information to workers further
of the establishment and each type of relation to information for specified?
workstation. workers. N. As in the Framework Directive, the OSH Decree just
Information for  The employer shall take appropriate measures specifies, on the one hand, that general information shall be
workers so that employers of workers from any outside provided about the risks and preventive measures, tailored to
Art.10 undertakings and/ or establishments engaged the needs of the organisation as well as specific types of
in work in his undertaking and/ or functions. Secondly, information shall be provided about
establishment receive similar information emergency procedures and, particularly, measures to be
 The employer shall take appropriate measures taken in case of serious and imminent danger, relating, first
so that workers with specific functions in aid, fire prevention and the evacuation of workers.
protecting the safety and health of workers, or  Are there more detailed requirements relating specifically
workers' representatives with specific to one of the individual directives?
7
Article 21 ISSP RD.
8
Royal Decree of 17 May 2007 concerning the training and life-long learning of prevention advisors of the internal and external services for prevention and protection at work, O.J. 11.7.2007
(Koninklijk Besluit van 17 mei 2007 betreffende de vorming en de bijscholing van de preventieadviseurs van de interne en externe diensten voor preventie en bescherming op het werk, B.S.
11.7.2007)

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responsibility for the safety and health of N.

workers shall have access to the risk • Other additional or more detailed requirements
assessment and protective measures, to the
The legislation has set up information obligations for workers
list of and reports on occupational accidents
and contractors relating to the health and safety at their
and the information yielded by protective and
workplace, targeted to the work station. Moreover, specific
preventive measures, inspection agencies
information and participation requirements exist for
and bodies responsible for safety and health.
prevention advisers, in particular relating to the types of
measures put in place and in relation to occupational
accidents.
 The employer shall ensure that each worker There are no observed  Is more specific information on the scope of training
receives adequate safety and health training discrepancies between the provided in the legislation?
during working hours, in particular in the form Directive and the N. The OSH RD requires the employer to draft a training
of information and instructions specific to his implementing legislation in programme for OSH, on the basis of the information
workstation or job and adapted to any relation to training of contained in the global prevention plan. Moreover, it requires
changes in technology or risks and repeated workers and of the the employer to adapt the training to the development of risks
periodically if necessary. employees of and the occurrence of new risks. There is however no further
 The employer shall ensure that workers from subcontractors working at indication in the legislation about the scope of the training.
Training of outside undertakings and/ or establishments the workplace. (OSH RD)
workers engaged in work in his undertaking and/ or  Are there specific requirements as to the competence of
Art.12 establishment have in fact received trainers provided in the legislation?
appropriate instructions regarding health and N.
safety risks.  Are there more detailed requirements relating specifically
 Workers' representatives with a specific role in to one of the individual directives?
protecting the safety and health of workers N.
shall be entitled to appropriate training during
working hours or in accordance with national
practice either within or outside the
undertaking and/ or the establishment.
 The employer shall ensure that workers receive There are no observed  Are the arrangements for health surveillance records
health surveillance appropriate to the health discrepancies between the specified in the legislation?
and safety risks they incur at work. Directive and the Y. The OSH RD provides rules about medical records (art. 79 –
Health  These measures shall be such that each implementing legislation in 93).
surveillance worker, if he so wishes, may receive health relation to the health  Are the conditions in which health surveillance is required
Art.14 surveillance at regular intervals. surveillance of workers. more specifically described in the legislation?
 Health surveillance may be provided as part Y. The OSH RD requires workers with a safety function in the
of a national health system. undertaking, a function requiring increased alertness, an
activity with a determined risk or an activity with food

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products to undergo a mandatory health check. Other

categories of workers are not subjected to a mandatory
check unless a risk assessments shows that there is a need for
the health surveillance of other categories of workers.
Moreover, any employee who wishes to undergo a health
check shall have a regular possibility to do so. (OSH RD)
 Is the periodicity of health surveillance provided in national
law?
Y. The health surveillance of the categories of workers
identified above shall take place once every year, unless
specific implementing decisions establish a different
periodicity. Also the prevention adviser in charge of the health
surveillance can introduce shorter periodicity when the health
risks of the work so require. (OSH RD)
 Employers shall consult workers and/ or their No observed discrepancies  Is balanced9 participation reflected in the national
representatives and allow them to take part in have been identified. legislation? Are specific criteria put in place?
discussions on all questions relating to safety N.
and health at work. However, no detailed  Are there more detailed requirements relating specifically
 Workers' representatives with specific provisions were included in to one of the individual directives?
responsibility for the safety and health of the RDs with a view to the N.
workers shall have the right to ask the direct relationship between • Other additional or more detailed requirements
employer to take appropriate measures and the Committee and the
The OSH Law requires an OSH Committee to be established in
Consultation to submit proposals to him to that end to competent authority, for
any undertaking employing more than 50 employees as well
of workers mitigate hazards for workers and/ or to appeal because this is a
as smaller undertakings in specific sectors. The measures
Art.11, 6(3)(c) remove sources of danger. general principle of law
relating to health and safety at work are taken in consultation
 They shall have adequate time off work, that needs no further 10
without loss of pay, and the necessary means regulation. During with the Committee.
to enable them to exercise their rights and inspection visits, the
functions. Committee has to
 Workers and/ or their representatives are collaborate with the
entitled to appeal to the authority responsible competent authority (Art.9
for safety and health protection at work if they CPP RD). A specific appeal
consider that the measures taken and the procedure for the labour
9
This covers balanced representation of groups or workers e.g. workers exposed to particular health or safety risks.
10
Chapter VIII of the OSH Law.

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means employed by the employer are court is regulated

inadequate for the purposes of ensuring
safety and health at work.
 Workers' representatives must be given the
opportunity to submit their observations during
inspection visits by the competent authority.
Limit values N/A N/A N/A
 E.g. List and reports regarding occupational No observed discrepancies The OSH Law contains more detailed requirements than the
accidents, emergency measures, adequate have been identified in Directive. Such requirements aim at a concrete
controls and supervision relation to the other key implementation in practice of the Directive´s general
requirements of the principles and requirements. For example, the OSH Law
Directive, such as the identifies that the authority in charge of ensuring adequate
requirements relating to controls of the implementation of the law. Also in relation to
emergency measures or the reporting on occupational accidents, the OSH Law sets
the list and reports on out detailed requirements.
occupational accidents. In addition, “The main measures not included in the Directive
Other issues
that are included in the Belgian Law on well-being
identified
undoubtedly concern psychosocial aspects, which are
understood to include not only violence and psychological
and sexual harassment, but also work-related stress, bearing in
mind that, as the social context changes and work is more
strictly organised, psychosocial risks are increasingly making
themselves felt.
The Law on well-being also includes a number of articles on
investigations of major accidents at work designed to stop
them from happening again.”11
Table 1- 3 Council Directive 89/654/EEC (workplace) - Observed discrepancies, more stringent and more detailed requirements
Scope and  The Directive applies to workplaces, but No observed discrepancy  Does the transposing legislation cover any of the elements
definitions excludes from its scope of application (a) has been identified in that the Directive expressly excludes12?
11
12
Please note that points (b), (c) and (d) are regulated by specific legislation.

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Art. 1 and Art. means of transport used outside the relation to the scope and N. The transposing legislation literally reflects Articles 1 and 2 of
2 undertaking and/or the establishment, or definitions of the the workplace directive.
workplaces inside means of transport, (b) workplace directive.  Is the definition of ‘workplace’ in national law broader than
temporary or mobile construction sites, (c) the required by the Directive?
extracting industries, (d) fishing boats, and (e) N.
fields, woods and other land forming part of
an agricultural or forestry undertaking but
situated away from the undertaking's
buildings.
 ‘Workplace’ means the place intended to
house workstations on the premises of the
undertaking and/or establishment and any
other place within the area of the undertaking
and/or establishment to which the worker has
access in the course of his employment.
Conducting a N/A N/A N/A
risk
assessment
Ensuring N/A N/A N/A
preventive
and
protective
services
 Workers and/ or their representatives shall be No observed discrepancy  Does the legislation provide for specific conditions (e.g. size
informed of all measures to be taken has been identified of the establishments) in relation to workers information?
concerning safety and health at the regarding the information N. The requirement to inform workers applies indistinctly of the
workplace to be provided to workers size of the undertaking or of any other types of conditions
Information for
 Framework Directive applies. and their representatives. (Workplace RD)
workers
 Is the content or form of information to workers further
Art. 7
specified?
N. The requirement contained in Directive 89/654/EEC is
reflected in an almost literal manner in the Workplaces RD.
(Workplace RD)
Training of N/A N/A N/A
workers
Health N/A N/A N/A
surveillance

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 Framework Directive applies. No observed discrepancies  Are there more detailed requirements than in the
have been identified. Directive?
Consultation Y. The RD on workplaces specifically states that any measures
of workers adopted to implement the requirements in relation to the
Art. 8 workplace require a prior advice from the OSH Committee or,
in its absence, from the representative trade union or the
employees. (Workplace RD)
Minimum health and safety requirements at No observed discrepancies  Minimum health and safety requirements at the
the workplace (Annex I and II) have been identified in workplace (Annex I and II)
relation to the other key The Workplace RD is in various aspects more detailed than the
requirements of the requirements of the Directive, implementing the Directive´s
Directive, namely the general requirements in a more specific manner. For example,
minimum safety and health the RD contains a specific minimum height for rooms (2,5m)
requirements. and a minimum surface per office (10m3) and for personal
space (2m2). The RD also contains specific requirements for
the cleaning and technical maintenance of workplaces.
Another example concerns the detailed requirement for an
employer to establish conditions for lighting in the workplace
with a view to avoid accidents because of obstacles or tired
Other issues eyes. Other examples include room temperature and
identified relaxation areas.13 The examples provided are more detailed
than the Directive´s general requirements. This does not
however automatically result in a more stringent transposition.
(Workplace RD)
In addition, while the Directive does not contain any specific
provision on canteens or the provision of beverages, the Royal
Decree on workplaces includes provisions on canteens
(Articles 60-61) and the provision of beverages depending on
the nature of the work being undertaken and the nature of
the risks involved (Articles 65-66). Also, the Directive requires
the ‘technical maintenance’ of workplaces and installations
(Article 6) and ‘cleaning’ especially of ventilation installations
(Article 6 and Annex 1, point 6). The Royal Decree on
13
For more detail, please see National Implementation Report 2013, Part A, Section II, (EN) p. 17-18.

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workplaces goes a little further here and requires employers to

decide on appropriate cleaning methods and tools and
products and to set the frequency with which maintenance
and cleaning is to be carried out (Article 11 of the Royal
Decree). Moreover, Article 44 of the Royal Decree states that
company premises and facilities are to be cleaned at least
once a day and, in the case of shift work, prior to each
change of shift. Finally, the Royal Decree on workplaces also
contains a provision on waste treatment (Article 11): waste is
to be collected and removed. The Directive, on the other
hand, mentions only the provision of showers and wash-basins.
The Royal Decree, however, also contains provisions on
fittings.14
Table 1- 4 Directive 2009/104/EC (work equipment) - Observed discrepancies, more stringent and more detailed requirements
Scope and  The Directive relates to the use of work No observed discrepancy  Any additional or more detailed requirements
definitions equipment by workers at work where work has been identified in N.
Art. 1 and Art. equipment is defined as any machine, relation to the scope and
2(a) apparatus, tool or installation used at work. definitions of the PPE
directive.
 The employer must take measures to ensure No observed discrepancy More detailed requirements:
that the work equipment made available to has been identified in  The work station and posture of the worker when using
workers is suitable for the work to be carried relation to the adoption of work equipment as well as ergonomic principles shall be
out or properly adapted for that purpose and appropriate measures, the taken into consideration when applying the minimum
Conducting a
may be used by workers without impairment risk assessment and risks requirements for work equipment (Art. 4 WE RD)
risk
to their safety or health. minimisation.  Moreover, when the use of work equipment could create
assessment
In selecting the work equipment which he a risk for the health and safety of workers, the employer
Art. 3 #
proposes to use, the employer must pay shall adopt appropriate measures to ensure that: the use
attention to the specific working conditions of the equipment is limited to the workers mandated with
and characteristics and to the hazards which its use and that the workers concerned, when having to
exist in the undertaking or establishment, in repair, convert, maintain or take care of the equipment,
14
See National Implementation Report 2013, Part A, Section II, (EN) p.17-18.

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particular at the workplace, for the safety and have the necessary skills to do so. The RD specifies in this
health of the workers, and any additional manner what are considered áppropriate measures to
hazards posed by the use of the work minimise the risks´, mentioned in the Directive. (Art. 5 WE
equipment in question. RD)
N/A N/A The IPPS or EPPS are in charge of reviewing and completing
the instructions for use of work equipment and are involved in
the preparation of the order for purchase. (WE RD)
According to NIR 2013, “Belgium has transposed this article

verbatim. This means that inspections take place at the
initiative of employers. Employers must designate competent
persons to carry out these inspections. These persons may
come from within or outside the enterprise. Employers must be
able to justify their choices on the basis of valid criteria such as
the specific training and experience of the persons
designated and traceability.
Ensuring For historic reasons, however, and as is the case in other
preventive Member States, some equipment must be inspected
and periodically by external technical inspection services. The
protective latter are non-profit associations accredited under standard
services NBN EN ISO/IEC 17020 and approved by the Ministry of
Art. 5+ Employment (Royal Decree of 29 April 1999). There are
specific requirements as regards the technical competence
of personnel. The equipment covered by the regulations on
the protection of workers includes lifting appliances and some
equipment under pressure (steam). Electrical installations are
also covered.
There may be practical problems when equipment from other

countries is used in Belgian territory. Inspections of such
equipment have to be carried out in accordance with
Belgian regulations by bodies approved under the Belgian
rules. For short-term stays, however, the regulations have been
amended to allow inspections by similar foreign bodies
(Article 281c of the RGPT). Equivalence at European level of

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regulatory inspections by approved bodies would be

desirable.”15
 Framework Directive applies. No observed discrepancy  Does the legislation provide for specific conditions (e.g. size
 Where appropriate, written instructions should has been identified in of the establishments) in relation to workers information?
be made available to workers on the work relation to information and N.
equipment used at work, including instructions to the workers.  Is the content or form of information to workers further
information on (a) the conditions of use of specified?
work equipment; (b) foreseeable abnormal Y. The transposing legislation includes specific requirements:
situations; and (c) the conclusions to be o For all installation, apparatus, machine or mechanical
drawn from experience, where appropriate, in tool, written instructions on their functioning, inspection
using work equipment. and maintenance must be available along with safety
instructions.
Information for
o These instructions must be completed if necessary by
workers
the advisers in prevention of the internal or external
Art. 8
service for work prevention and protection16.
o The information provided to workers shall also include
the circumstances in which the equipment shall be
used, foreseeable extraordinary situations and the
conclusions that can be drawn from previous
experiences. The information shall be made available
in a manner understandable to workers
Workers shall moreover be made aware of specific dangers in
their immediate surroundings and of any relevant changes in
their immediate surroundings even if these concern work
equipment that the worker does not directly use. (WE RD)
 Framework Directive applies. No observed discrepancy  Is more specific information on the scope of training
 Workers given the task of using work has been identified in provided in the legislation?
Training of
equipment receive adequate training, relation to information and N.
workers
including training on any risks which such use training of workers. 17  Are there specific requirements as to the competence of
Art. 9
may entail. trainers provided in the legislation?
Workers specifically designated to carry out N.
15
16
Art. 7, fifth indent, WE RD.
17
The requirements related to specific training for hazardous equipment are laid down in the legislation on work equipment whereas the general training requirements prior to the use of any
work equipment are prescribed by the general OSH RD (Art 17-21 OSH RD).

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repairs, modifications, maintenance or  Other additional or more detailed requirements

servicing receive adequate specific training. N.
Health N/A N/A N/A
surveillance
Consultation N. All the documents relating to the purchase, functioning
of workers and safety requirements for work equipment have to be
Art. 10 communicated to the OSH Committee or, in its absence to
the workers´ representatives or the workers. There is however
no consultation of the workers. (WE RD)
No observed discrepancies No more detailed requirements were identified in relation to
have been identified in the other key requirements, such as the minimum
relation to the other key requirements for work equipment or maintenance
requirements of the requirements. (WE RD and specific RDs)
Directive. According to NIR 2013, “additional measures chiefly concern
the use of work equipment manufactured prior to the
Other issues
publication of the Community directives, for which it was
identified
necessary to refer to older regulatory texts.
A particular procedure has been developed for the ordering,
delivery and commissioning of work equipment such as
mechanised tools, installations and machines in order to
ensure, when purchasing, that design criteria that are best
able to ensure users’ safety have been used.”18
*Where appropriate, the existence of the earlier version (89/655/EEC) will be taken into account.
# Employers are required to assess possible risks in selecting work equipment.
+ Inspection (and testing) by competent persons.
18

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Table 1- 5 Council Directive 89/656/EEC (PPE) - Observed discrepancies, more stringent and more detailed requirements
The Directive applies to personal protective No observed discrepancy  Does the transposing legislation cover PPE used by
equipment (PPE) used by workers at work. PPE has been identified in emergency and rescue services?
as defined excludes (a) ordinary working terms of scope and Y. The transposing legislation has a broader scope than the
clothes and uniforms not specifically designed definitions. Directive as it covers PPE used by emergency and rescue
to protect the safety and health of the worker; services.
Scope and
(b) equipment used by emergency and rescue  Does the transposing legislation cover any of the other
definitions
services; (c) personal protective equipment exclusions in the Directive?
Art. 1 and 2
worn or used by the military, the police and N.
other public order agencies; (d) personal
protective equipment for means of road
transport; (e) sports equipment; (f) self-defence
or deterrent equipment; (g) portable devices
for detecting and signalling risks and nuisances.
 Before choosing personal protective No observed discrepancy  Any additional or more detailed requirements
equipment, the employer is required to assess has been identified in N.
whether the personal protective equipment relation to the risk
he intends to use satisfies certain assessment.
requirements.
This assessment shall involve (a) an analysis
and assessment of risks which cannot be
Conducting a
avoided by other means; (b) the definition of
risk
the characteristics which personal protective
assessment
equipment must have in order to be effective
Art. 5*
against such risks, taking into account any risks
which this equipment itself may create; (c)
comparison of those characteristics with the
characteristics of the personal protective
equipment available.
 The assessment shall be reviewed if any
changes are made to any of its elements
Ensuring N/A N/A The PPE RD requires the involvement of the prevention adviser
preventive for health and safety and of the health surveillance adviser in
and the drafting of the risk assessment and for the decision
protective determining in which circumstances PPE shall be used. (PPE
services RD)

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Art. 4(4)
 Framework Directive applies No observed discrepancy Are there more detailed requirements than in the

 Workers and/or their representatives shall be has been identified in Directive?
informed of all measures to be taken with relation to information and
Y. All documents related to the purchase of PPE shall be
regard to the health and safety of workers instructions to the workers.
made available to the OSH Committee (PPE RD). Moreover,
when personal protective equipment is used Article 24 of the PPE RD sets out detailed requirements relating
by workers at work. to the information of workers. It specifies the content and form
requirements. Regarding form, the PPE RD specifies that the
information and instructions shall be provided in written form
and are understandable for the workers. The content
Information for
requirements are listed in the PPE RD and include:
workers
o the various types of PPEs available or accepted in the
Art. 7
undertaking/ establishment;
o risks against which PPEs protect workers;
o user instructions;
o foreseeable abnormal situations;
o conclusions reached from acquired experience of PPE
use.19
Moreover, an instruction note shall be provided with
instructions on the functioning, use, maintenance, storage,
end date and inspections of the PPE. (PPE RD)
 The employer shall arrange for training and There are no observed  Is more specific information on the scope of training on PPE
shall, if appropriate, organize demonstrations discrepancies related to provided in the legislation?
Training of in the wearing of personal protective the training of workers. N.
workers equipment.  Are there detailed requirements on demonstrations to be
Art. 4(8) organized in the wearing of PPE?
N. Though detailed instructions are provided (see above on
information for workers)
Health N/A N/A N/A
surveillance
#
Consultation  Framework Directive applies No observed discrepancies  Are there more detailed requirements than in the
of workers have been identified. Directive?
Art. 8 The OSH Committee shall be involved in the assessment of risks
19
Art. 24 (2) PPE RD.

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and choice of PPE, or, in its absence, the representative trade

union or the workers. Moreover, the members of the OSH
Committee can require the employer to obtain advice from
specialised services or institutions for the purchase of PPE (PPE
RD)
According to NIR 2013, “The regulations explicitly provide for

participation by workers in the private sector in the following
order:
- in enterprises with more than 50 workers, by an elected
Committee for Prevention and Protection at Work (CPPT);
- via the trade union delegation when appointed by the
unions in enterprises with fewer than 50 workers (in
accordance with the sectoral rules laid down in collective
labour agreements);
- by direct participation in other cases.
In accordance with the Directive, the Belgian regulations
make it mandatory for employers to inform workers about PPE
and risks and to provide them with training in the use of such
equipment.”20
No observed discrepancies Other key requirements such as the rules for use are not
have been identified in transposed in more detail than provided in the Directive. (PPE
relation to the other key RD)
Other issues requirements of the Provisions on inspections of personal protective equipment
identified Directive. against falls from a height by an independent external
technical inspection service have been added because of
the complex nature of the inspections which have to be
carried out.
* The Directive makes no provision for a risk assessment. The need for the use of PPE is presumably identified in addressing the findings of other risk assessments, relating to
the hazard which the PPE is intended to protect against. There is however provision for an assessment of the PPE itself (Article 5) but this is not specifically a risk assessment.
# Health surveillance is covered by the provisions of those directives covering the risks from which a specific item of PPE is intended to provide protection.
20

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Table 1- 6 Council Directive 92/58/EEC (OSH signs) - Observed discrepancies, more stringent and more detailed requirements
 The Directive applies to safety and/or health No observed discrepancy  Any additional or more detailed requirements
signs and excludes from its scope of has been identified in N.
Scope and
application signs for placing on the market of terms of scope and
definitions
dangerous substances and preparations, definitions.
Art. 1 and 2
products and/or equipment and signs used for
regulating road, rail, inland waterway, sea or
air transport.
risk
assessment
preventive
and
protective
services
 Framework Directive applies. No observed discrepancy  Are there more detailed requirements than in the
Information for  Workers and/or their representatives shall be has been identified in Directive?
workers informed of all the measures to be taken relation to information and N. Article 4 of the OSH Signs RD transposes the Directive´s
Art. 7 concerning the safety and/or health signs instructions to the workers. requirement in an almost literal manner. No further detail is
used at work. provided. (OSH Signs RD)
 Framework Directive applies. There are no observed  Are there more detailed requirements than in the
 Workers must be given specific directions discrepancies related to Directive?
Training of concerning the safety and/or health signs the training of workers. N. Article 3 of the OSH Signs RD transposes the Directive´s
workers used at work, in particular the meaning of the requirement in an almost literal manner. No further detail is
Art. 7(2) signs, especially signs incorporating words, provided. (OSH Signs RD)
and the general and specific behaviour to be
adopted.
Health N/A N/A N/A
surveillance
Consultation
Y. When requesting alternative measures with a similar level of
of workers
protection (Article 6(1) of the Directive), the request shall be
Art. 8
accompanied by a proposal of the actual measures and the
opinion of the OSH Committee. (OSH Signs RD)

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No observed discrepancies Other key requirements such as the minimum rules for OSH
have been identified in signs are not transposed in more detail than provided in the
Other issues
relation to the other key Directive. (OSH Signs RD)
identified
requirements of the
Directive.
Table 1- 7 Directive 1999/92/EC (ATEX) - Observed discrepancies, more stringent and more detailed requirements
 The Directive applies to the protection of No observed discrepancy  Does the transposing legislation include21 :
workers potentially at risk from explosive has been identified in - areas used directly for and during the medical
atmospheres as defined in Art. 2. It excludes terms of scope and treatment of patients?
from its scope of application: (a) the areas definitions. - the manufacture, handling, use, storage and transport
used directly for and during the medical of explosives or chemically unstable substances?
treatment of patients; (b) the use of N.
appliances burning gaseous fuels; (c) the
manufacture, handling, use, storage and
Scope and
transport of explosives or chemically unstable
definitions
substances; (d) mineral extracting industries;
Art. 1 and 2
and (e) the use of transport subject to
international agreements as specified.
 The Directive applies to the risk from explosive
atmospheres, i.e. from mixtures with air, under
atmospheric conditions, of flammable
substances in the form of gases, vapours, mists
or dusts in which, after ignition has occurred,
combustion spreads to the entire unburned
mixture.
Conducting a  The employer shall assess the specific risks No observed discrepancy  Is the risk assessment reviewed regularly and in any event
risk arising from explosive atmospheres, taking has been identified in when any changes occur in the conditions of the type of
assessment account at least of: relation to the risk work involved?
21
Please note that points (b),(d) and (e) are regulated by specific legislation.

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Art. 4(1) — the likelihood that explosive atmospheres assessment. Y. The employer has the obligation under the OSH RD to
will occur and their persistence, establish a global prevention plan every five years and a
— the likelihood that ignition sources, prevention action plan every year. These plans are based on,
including electrostatic discharges, will be among others, the results of risk assessments. The annual
present and become active and effective, action plan must specify necessary adaptation amendments
— the installations, substances used, to the five year global plan, given changes of circumstances,
processes, and their possible interactions, accidents, reports from the ISPP and the Committee. (OSH RD)
— the scale of the anticipated effects.  Are the risks to be taken into account in the assessment
 Explosion risks shall be assessed overall. described in a more specific manner than in the Directive?
N. The requirements regarding the risk assessment are
transposed in a literal manner. (ATEX RD)
 Is the content of the risk assessment more detailed than
described in the Directive?
N.
 Is a more specific methodology for risk assessment provided
in the legislation?
N.
 Are the sources of information and persons in charge of the
risk assessment described in the legislation in a more
N.
Ensuring N/A N/A In addition to the requirements of the framework legislation,
preventive the ATEX RD specifies that the ISSP shall be involved in the
and organisation of areas where explosive atmosphere could be
protective present.
services
Information for N/A N/A N/A
workers
 The employer must provide those working in There are no observed  Is more specific information on the scope of training
Training of
places where explosive atmospheres may discrepancies related to provided in the legislation?
workers
occur with sufficient and appropriate training training of workers. N. There are no more specific requirements on the training of
Annex II, 1.1
with regard to explosion protection. workers. (ATEX RD)
Health N/A N/A N/A
surveillance
Consultation N/A N/A N/A
of workers

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No observed discrepancies Other key requirements such as the minimum rules for
have been identified in measures to protect workers from explosions or the explosion
relation to the other key protection document are not transposed in more detail than
requirements of the provided in the Directive. (ATEX RD)
Directive. According to NIR 2013, “There were already statutory
provisions in Belgium under the RGPT and the RGIE intended to
manage the risk of gas and dust explosions started by
electrical ignition sources before the ATEX Directives 95 and
137 were published in the Union’s Official Journal.
Specific administrative memoranda have been drawn by the
Other issues
DG for Humanisation of Work (AD HUA) in order to offer further
identified
information on this matter to those interested.
An administrative memorandum from the AD HUA gives
approved inspection bodies for electrical installations
additional information on the ‘detailed report’ under Article
105.05 of the RGIE (under the new system) and the ‘explosion
protection document’ under Article 8 of the Royal Decree of
26 March 2003 on the well-being of workers potentially at risk
from explosive atmospheres who may be exposed to the risks
connected with explosive atmospheres (Belgian Official
Journal of 5 May 2003).”22
Table 1- 8 Council Directive 90/269/EEC (manual handling of loads) - Observed discrepancies, more stringent and more detailed requirements
 The Directive relates to the manual handling No observed discrepancy  Any additional or more detailed requirements
of loads where there is a risk particularly of has been identified in N.
Scope and
back injury to workers where manual handling terms of scope and
definitions
is defined as any transporting or supporting of definitions.
Art. 1 and 2
a load, by one or more workers, including
lifting, putting down, pushing, pulling, carrying
or moving of a load which, by reason of its
22

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characteristics or of unfavourable ergonomic

conditions, involves a risk particularly of back
injury to workers.
 Wherever the need for manual handling of No observed discrepancy  Is the risk assessment reviewed regularly and in any event
loads by workers cannot be avoided, the has been identified in when any changes occur in the conditions of the type of
employer shall organize workstations in such a relation to the risk work involved?
way as to make such handling as safe and assessment. N. Not on the basis of the MHL RD but on the basis of the OSH
healthy as possible and: assess, in advance if RD.
possible, the health and safety conditions of  Are the risks to be taken into account in the assessment
the type of work involved, and in particular described in a more specific manner than in the Directive,
examine the characteristics of loads, taking in particular are the reference factors provided in Annex I
account the reference factors provided for in of the Directive further detailed?
Annex I to the Directive. N.
Conducting a
N.
risk
assessment
Art. 4(a)
Y. The RD on the manual handling of loads specifies that the
result of the risk assessment and the measures can only
become final after the advice from the doctor in charge of
health surveillance or the head of the department in charge
of health and safety at work as well as from the OSH
Committee. (MHL RD)
assessment, with the involvement of the persons mentioned
above. (MHL RD)
preventive
and
protective
services
Information for  Framework Directive applies No observed discrepancy  Does the legislation provide for specific conditions (e.g. size
workers  Workers and/or their representatives shall be has been identified in of the establishments) in relation to workers information?

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Art. 6 informed of all measures to be implemented, relation to information for N.

pursuant to this Directive, with regard to the workers.  Is the content or form of information to workers further
protection of safety and of health. specified?
 Employers must ensure that workers and/or Y. The RD mostly transposes the requirement regarding
their representatives receive general information of workers in a literal manner. However, it includes
indications and, where possible, precise one additional information requirement. In its Article 9(3), the
information on: RD also requires the employer to provide detailed information
— the weight of a load, about the risks the workers are exposed to as a consequence
— the centre of gravity of the heaviest side of their physical condition, wearing inadequate clothing,
when a package is eccentrically loaded. shoes or other personal equipment and in case of insufficient
or inappropriate knowledge or training. (MHLRD)
 Framework Directive applies There are no observed  Is more specific information on the scope of training
 Employers must ensure that workers receive in discrepancies related to provided in the legislation, in particular in relation to the
addition proper training and information on the training of workers. reference and risk factors?
Training of how to handle loads correctly and the risks N.
workers they might be open to particularly if these
Art. 6 tasks are not performed correctly, having
regard to the reference factors provided for in
Annex I to the Directive and the risk factors
listed in Annex II to the Directive.
Health N/A N/A N/A
surveillance
Consultation Framework Directive applies No observed discrepancies  Are there more detailed requirements than in the
of workers have been identified. Directive?
Art. 7 N.
No observed discrepancies There are no additional requirements in the RD on the manual
have been identified in handling of loads to those included in the Directive. (MHL RD)
Other issues
relation to the other key
identified
requirements of the
Directive.
Table 1- 9 Council Directive 90/270/EEC (display screen equipment) - Observed discrepancies, more stringent and more detailed requirements
Scope and  The Directive relates to work with display No discrepancy has been  Does the transposing legislation cover any of the elements

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definitions screen equipment as defined in Article 2, an identified in terms of scope that the Directive expressly excludes?
alphanumeric or graphic display screen, and definitions.  N. Not on the basis of the Display Screen Equipment RD but
regardless of the display process employed. on the basis of the OSH RD.Is the definition of ‘display
 The Directive does not apply to: screen equipment’ in national law broader than required
(a) drivers’ cabs or control cabs for vehicles or by the Directive?
machinery; N.
(b) (computer systems on board a means of
transport;
(c) computer systems mainly intended for
public use;
(d) ‘portable’ systems not in prolonged use at
a workstation;
(e) calculators, cash registers and any
equipment having a small data or
measurement display required for direct use
of the equipment;
(f) typewriters of traditional design, of the type
known as ‘typewriter with window’
 Employers must perform an analysis of No discrepancy has been  Is the risk assessment reviewed regularly and in any event
workstations in order to evaluate the safety identified related to the risk when any changes occur in the conditions of the type of
and health conditions to which they give rise assessment. work involved?
for their workers, particularly as regards N.
possible risks to eyesight, physical problems  Are the risks to be taken into account in the assessment
and problems of mental stress. described in a more specific manner than in the Directive?
 Employers must take appropriate measures to N.
remedy the risks found, on the basis of the  Is the content of the risk assessment more detailed than
Conducting a
evaluation of the safety and health described in the Directive?
risk
conditions, taking account of the additional N.
assessment
and/or combined effects of the risks so found.  Is a more specific methodology for risk assessment provided
Art.3
in the legislation?
Y. The Display screen equipment RD specifies that the result of
the risk assessment and the measures can only be determined
after advice from the doctor in charge of health surveillance
and of the OSH Committee. (Display screen equipment RD)

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assessment, with the involvement of the persons mentioned
above. (Display screen equipment RD)
preventive
and
protective
services
 Framework Directive applies. There are no observed  Is the content or form of information to workers further
 Workers shall receive information on all discrepancies regarding specified?
aspects of safety and health relating to their the information of workers. N.
Information for
workstation, in particular information on such
workers
measures applicable to workstations as are
Art. 6
implemented under Articles 3 (analysis of
workstations), 7 (daily work routine) and 9
(protection of workers’ eyes an eyesight).
 Framework Directive applies. There are no observed  Is more specific information on the scope of training
 Every worker shall receive training in use of the discrepancies regarding provided in the legislation?
Training of
workstation before commencing work with the training of workers. N.
workers
display screen equipment and whenever the  Is the notion of ‘substantially modified’ further specified?
Art. 6
organization of the workstation is substantially N.
modified.
 Workers shall be entitled to an appropriate There are no observed  Are the conditions in which eye and eye sight test is
eye and eyesight test carried out by a person discrepancies regarding required more specifically described in the legislation?
with the necessary capabilities: the health surveillance of Y. The Belgian legislator requires a medical check for all
— before commencing display screen work, workers. workers who usually and during a significant part of their
at regular intervals thereafter, and working time use display screen equipment. Such a medical
— if they experience visual difficulties which check consists of: a prior health assessment, appropriate tests
Health may be due to display screen work. of eyes, eye sight, muscles and bones. (Display screen
surveillance  Workers shall be entitled to an equipment RD)
Art. 9* ophthalmological examination if the results  Is the periodicity of eye and eye sight test provided in
such test show that this is necessary. national law?
 If the results of the test or of the examination Y. The test shall be repeated every five years. For workers of
show that it is necessary and if normal more than 50 years of age, the test shall take place every
corrective appliances cannot be used, three years. (Display screen equipment RD)
workers must be provided with special
corrective appliances appropriate for the

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work concerned.
 In no circumstances these measure may
involve workers in additional financial cost.
 Protection of workers’ eyes and eyesight may
be provided as part of a national health
system.
have been identified. Framework Directive?
Consultation
N.
of workers
Art. 8
 Other additional or more detailed requirements
N.
No observed discrepancies Other key requirements such as the minimum rules for work
have been identified in display screen equipment are not transposed in more detail
Other issues
relation to the other key than provided in the Directive.
identified
requirements of the
Directive.
* The primary purpose of this requirement is to identify users who have deficiencies in their eyesight which require correction to enable them to carry out their work with
DSE without risk to their health.
Table 1- 10 Directive 2002/44/EC (vibration) - Observed discrepancies, more stringent and more detailed requirements
 This Directive shall apply to activities in which No discrepancies have  Any additional or more detailed requirements
workers are or are likely to be exposed to risks been identified in terms of N.
from mechanical vibration during their work. scope and definitions.
 hand-arm vibration’: the mechanical vibration
Scope and that, when transmitted to the human hand-
definitions arm system, entails risks to the health and
Art 1(2) and safety of workers, in particular vascular, bone
Art 2 or joint, neurological or muscular disorders;
 ‘whole-body vibration’: the mechanical
vibration that, when transmitted to the whole
body, entails risks to the health and safety of
workers, in particular lower-back morbidity

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and trauma of the spine.

 The employer shall assess and, if necessary, No discrepancies have  Does the national legislation require employers to submit a
measure the levels of mechanical vibrations to been identified related to risk assessment to national authorities whether on request or
which workers are exposed. the risk assessments. automatically?
 The data obtained shall be preserved in a N. The national legislation requires the risk assessment for
suitable form to permit consultation at a later vibration to be part of the dynamic risk management system
stage. as set out in the OSH RD. This system requires employers to
 The employer shall give particular attention to: carry out a risk assessment as well as develop prevention
- the level, type and duration of exposure, measures for the undertaking. This global prevention plan shall
including any exposure to intermittent vibration be updated at least every five years. The OSH RD requires the
or repeated shocks; employer to keep these documents in written. There is
- the exposure limit values and the exposure however no explicit requirement in the Law to submit them to
action values the authorities. (OSH RD and Vibrations RD)
- any effects concerning the health and safety  Does the national legislation require that practical
of workers at particularly sensitive risk guidelines for the determination and assessment of risk must
- any indirect effects on worker safety resulting be developed?
from interactions between mechanical Y. Article 7 OSH RD requires the employer to develop a
Conducting a vibration and the workplace or other work strategy for carrying out a risk assessment as part of his
risk equipment dynamic risk management system. (OSH RD)
assessment - information provided by the manufacturers of  Are the risks to be taken into account in the assessment
Art.4 work equipment described in a more specific manner than in the Directive?
- the existence of replacement equipment N.
designed to reduce the levels of exposure to  Is the content of the risk assessment more detailed than
mechanical vibration described in the Directive?
- the extension of exposure to whole-body N.
vibration beyond normal  Is a more specific methodology for risk assessment provided
- working hours under the employer's in the legislation?
responsibility Y. The Vibrations RD ensures that the members of the OSH
- specific working conditions such as low Committee and the prevention advisers have the opportunity
temperatures to require measurements to be carried out. Moreover, the
- appropriate information obtained from health member of the OSH Committee can contest the results of the
surveillance, including published information, measurements carried out by an employer. In this case,
as far as possible independent measurements shall be carried out by an
 The employer must be in possession of the risk accredited laboratory. Finally, if an employer does not dispose
assessment of the technical capacity to carry out the risk assessment and,
 The risk assessment shall be recorded on a where appropriate, the measurements, he shall involve an
suitable medium; it may include a justification external prevention adviser with the necessary capacity in

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by the employer that the nature and extent of relation to the measuring of vibrations. (Vibrations RD)
the risks related to mechanical vibration make  Are the sources of information and persons in charge of the
a further detailed risk assessment unnecessary. risk assessment described in the legislation in a more
 The risk assessment shall be kept up-to-date specific manner than in the Directive?
on a regular basis, particularly in case of Y. As above.
significant changes.
preventive
and
protective
services
 Exposed workers and/or their representatives There are no observed  Does the legislation provide for specific conditions (e.g. size
must receive information and training on the discrepancies regarding of the establishments) in relation to workers information?
outcome of the risk assessment in particular: the information of workers. N.
- measures taken to eliminate or reduce to a  Is the content or form of information to workers further
minimum the risks from mechanical vibration; specified?
- the exposure limit values and the exposure N.
Information for action values
workers - the results of the assessment and
Art. 6 measurement and the potential injury arising
from the work equipment in use;
- why and how to detect and report signs of
injury;
- circumstances in which workers are entitled to
health surveillance
- safe working practices to minimise exposure.
Same as above There are no observed  Is more specific information on the scope of training
discrepancies regarding provided in the legislation?
Training of
the training of workers. N.
workers
 Are there specific requirements as to the competence of
Art. 6
trainers provided in the legislation?
N.
 Health surveillance of workers measures with There are no observed  Does the national legislation require health surveillance
Health reference to the risk assessment outcome discrepancies regarding prior to exposure to vibration?
surveillance where it indicates a risk to their health. health surveillance Y. In cases where specific risks related to vibrations have been
Art. 8  Health surveillance is intended to prevent and identified through risk assessments measures, the national
diagnose rapidly any disorder linked with legislation requires the employer to conduct health

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exposure to mechanical vibration. Such surveillance tests prior to the exposure to vibrations23.
surveillance shall be appropriate where:  Does the national legislation oblige employers to set health
- workers’ exposure to vibration is such that a surveillance requirements after the end of exposure?
link can be established with an identifiable Y. The national legislation on health surveillance of workers
illness or harmful effects on health, prescribes post-exposure surveillance for workers who have
- it is probable that the illness or the effects been exposed to physical agents (such as vibrations). Such
occur in a worker's particular working surveillance is either covered by the employer or by the
conditions, and Occupational Diseases Fund24.
- there are tested techniques for the detection  Does the national legislation oblige employers in case
of the illness or the harmful effects on health. where, as a result of health surveillance, a worker is found
 Workers exposed to mechanical vibration in to have an identifiable disease or adverse health effect
excess of the values shall be entitled to which is considered to be the result of exposure to
appropriate health surveillance. mechanical vibration at work, to review the risk assessment
 Individual health records are required and and the measure to eliminate or reduce risk?
kept up-to-date. Y. The national legislation on health surveillance obliges the
 Health records to contain a summary of the adviser on health to propose all appropriate and
results of the health surveillance and kept in a proportionate measures of protection and individual
suitable form to permit any later consultation, prevention in cases where, among others, a worker was found
taking into account any confidentiality. to have an identifiable disease or adverse occupational
 Where a worker is found to have an health effect. Such appropriate measures include reviewing
identifiable disease or adverse health effect, the risk assessments and conducting health surveillance
considered by a doctor or occupational measures on workers exposed to similar circumstances25.
health-care professional to be the result of  Are the arrangements for health surveillance records
exposure to mechanical vibration at work: specified in the legislation, in particular in terms of content?
- The worker shall be informed of the result Y. The general requirements for the health record set out in the
which relates to him personally and, in Health Surveillance RD apply.
particular, information and advice regarding  Are the conditions in which health surveillance is required
any health surveillance which he should more specifically described in the legislation?
undergo following the end of exposure; N.
- The employer shall be informed of any  Is the periodicity of health surveillance provided in national
significant findings from the health surveillance, law?
taking into account any medical N.
23
Art. 26 first indent (1) Health Surveillance RD.
24
Art. 38 (1) Health Surveillance RD; Art. 38 (4) Health Surveillance RD.
25
Art. 25 Vibrations RD.

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confidentiality.
- Arrange continued health surveillance and
provide for a review of the health status of any
other worker who has been similarly exposed.
The competent doctor/authority or
occupational health care professional may
propose that exposed persons undergo a
medical examination.
 Framework Directive applies No observed discrepancies  Are there more detailed requirements than in the
Consultation
Y. The OSH Committee is involved at various stages, for
of workers
instance. For instance, it can contest the results of the
Art. 7
measurements carried out by the employer or ask for
measurements. (Vibrations RD)
 The Directive provides for a set of exposure No observed discrepancy  Does the transposing legislation set more stringent values?
limit values and exposure action values in has been identified related N. Concerning the exposure to whole-body vibrations, the
respect of the daily vibration exposure levels. to setting of limit values. national legislation opts for the daily exposure limit value
 Hand-arm vibration: standardised to an eight-hour reference (rather than to the
- Daily exposure limit value standardised to an vibration dose value)26.
eight-hour reference period: 5 m/s2;
- Daily exposure action value standardised to
an eight-hour reference period: 2,5 m/s2.
Limit values
 For whole-body vibration:
Art.3
- Daily exposure limit value standardised to an
eight-hour reference period: 1,15 m/s2 or, at
the MS’s choice, a vibration dose value of 21
m/s1,75;
 Daily exposure action value standardised to
an eight-hour reference period: 0,5 m/s2 or, at
the MS’s choice, a vibration dose value of 9,1
m/s1,75.
No observed discrepancies Other key requirements such as the exposure limit values or
Other issues
have been identified in the measures to avoid or reduce exposure are not transposed
identified
relation to the other key in more detail than provided in the Directive. (Vibrations RD)
26
Art. 5 Vibrations RD.

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requirements of the
Directive.
Table 1- 11 Directive 2003/10/EC (noise) - Observed discrepancies, more stringent and more detailed requirements
 Directive shall apply to activities in which No observed discrepancy  Any additional or more detailed requirements
workers are or are likely to be exposed to risks has been identified in N.
from noise as a result of their work. terms of scope and
- daily noise exposure level (LEX,8h) (dB(A) re. 20 definitions.
Scope and
μPa): time weighted average of the noise
definitions
exposure levels for a nominal;
Art 1 and Art
- weekly noise exposure level (LEX,8h ): time-
2
weighted average of the daily noise exposure
levels for a nominal week of five eight-hour
working days as defined by international
standard ISO 1999:1990, point 3.6 (note 2).
 The employer shall assess and, if necessary, No observed discrepancy  Does the national legislation require employers to submit
measure the levels of noise to which workers has been identified with risk assessment to national authorities whether on request
are exposed, giving particular attention, to: regards to the risk or automatically?
- the level, type and duration of exposure, assessment. N. As for vibration, the risk assessment is a mandatory part of
including any exposure to impulsive noise; the dynamic risk management system to be implemented by
- the exposure limit values and the exposure employers. There is not requirement in the law to submit these
action values; documents to the authorities.
- any effects concerning the health and safety  Does the national legislation require that practical
Conducting a
of workers belonging to particularly sensitive guidelines for the determination and assessment of risk
risk
risk groups; must be developed?
assessment
- as far as technically achievable, any effects Y. Article 7 OSH RD requires the employer to develop a
Art.4
on workers' health and safety resulting from strategy for carrying out a risk assessment as part of his
interactions between noise and work-related dynamic risk management system. (OSH RD)
toxic substances, and between noise and  Are the risks/factors to be taken into account in the
vibrations; assessment described in a more specific manner than in
- any indirect effects resulting from interactions the Directive?
between noise and warning signals or other N. The factors to be taken into account, content and
sounds that need to be observed in order to methodology of the risk assessment are described in a literal
reduce the risk of accidents; manner (Noise RD)

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- information on noise emission provided by  Is the content of the risk assessment more detailed than
manufacturers of work equipment in described in the Directive?
accordance with relevant EU directives; N.
- the existence of alternative work equipment  Is a more specific methodology for risk assessment provided
designed to reduce the noise emission; in the legislation?
- the extension of exposure to noise beyond N.
normal working hours under the employer's  Are the sources of information and persons in charge of the
responsibility; risk assessment described in the legislation in a more
- appropriate information from health specific manner than in the Directive?
surveillance, including published information, Y. The Noise RD specifies that the employer shall involve his
as far as possible; internal or an external preventive and protective service in the
- the availability of hearing protectors with risk assessment. Moreover, if the necessary technical capacity
adequate attenuation characteristics. is not available neither in the ISSP nor in the ESSP, the employer
 The employer shall be in possession of the risk shall involve an accredited laboratory of which the
assessment. accreditation specifically relates to the measurements of noise
 The risk assessment shall be recorded on a exposure. (Noise RD)
suitable medium, according to national law
and practice.
 The risk assessment shall be kept up to date on
a regular basis, particularly in case of
significant changes which could render it out
of date, or when the results of health
surveillance show it to be necessary.
Ensuring  The assessment and measurement shall be There is no observed The Noise RD specifies that, of the ISSP or ESSP do not dispose
preventive planned and carried out by competent discrepancy related to of the necessary technical capacity for the risk assessment
and services at suitable intervals ensuring preventive and and measurements of exposure to noise, an external
protective protective services. laboratory with that capacity shall be involved. (Noise RD)
services
Art 4(4)
 Workers exposed at work at or above the There is no observed  Does the legislation provide for specific conditions (e.g. size
lower exposure action values, and/or their discrepancy related to the of the establishments) in relation to workers information?
representatives, receive information and information that must be N.
Information for
training relating to risks resulting from exposure provided to workers with  Is the content or form of information to workers further
workers
concerning, in particular: regards to noise related specified?
Art. 8
- the nature of such risks; risks. N.
- the measures taken to implement this Directive
in order to eliminate or reduce to a minimum

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the risks from noise,

- the exposure limit values and the exposure
action values
- the results of the assessment and
measurement together with an explanation of
their significance and potential risks
- the correct use of hearing protectors
- why and how to detect and report signs of
hearing damage
- the circumstances in which workers are
entitled to health surveillance and the purpose
of health surveillance
- safe working practices to minimise exposure to
noise
Training of Same as above There are no observed  Is more specific information on the scope of training
workers discrepancies regarding provided in the legislation?
Art. 8 the training of workers. N.
 Health surveillance of workers where the There are no observed  Does the national legislation require health surveillance
results of the assessment/measurement show discrepancies regarding prior to exposure to noise?
a risk to their health. the health surveillance of Y. In cases where it has been established that workers will be
 A worker whose exposure exceeds the upper workers. exposed to noise exceeding the limits set in Art. 6 (3) of the
exposure action values shall have the right to Noise RD (transposing Art. 3 (1) (c) of the Directive), prior
have his/her hearing checked by a doctor or health surveillance is compulsory27. In that regard the
Health by another suitably qualified person under the transposing legislation is more stringent than the Directive
surveillance responsibility of a doctor, which requires prior examination for workers who will exposed
Art. 10  Preventive audiometric testing shall also be to noise exceeding the limits set in Art. 3 (1) (b).
available for workers whose exposure exceeds  Does the national legislation oblige employers to set
the lower exposure action values, where the health surveillance requirements after the end of
risk assessment indicates a risk to health. exposure?
 The objectives of these checks are to provide Y. The national legislation on health surveillance of workers
early diagnosis of any hearing loss and prescribes post exposure surveillance for workers who have
preserve hearing function. been exposed to physical agents (such as noise)28. Such
27
Art. 26 Noise RD.
28
Art. 38 (1) Health Surveillance RD.

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 Individual health records are made and kept surveillance is either covered by the employer or by the
up to date. Occupational Diseases Fund29.
 Health records shall contain a summary of the  Are the arrangements for health surveillance records
results of the health surveillance carried out. specified in the legislation, in particular in terms of content?
 They shall be kept in a suitable form to permit Y. The general requirements for the health record set out in
consultation, taking into account any the Health Surveillance RD apply. (Noise RD)
confidentiality.  Are the conditions in which health surveillance is required
 Copies of the appropriate records shall be more specifically described in the legislation?
supplied to the CA on request. The individual Y. The Noise RD specifies that any employee who carries out
worker shall, at his or her request, have access an activity with any risks of exceeding the lower action
to health records relating personally to thresholds set out in the Directive and the RD shall be subject
him/her. to a prior health check. Within 12 months following this first
 Where, as a result of surveillance, a worker is check, a follow up health assessment shall take place. The
found to have identifiable hearing damage, a health surveillance consists of an assessment of hearing
doctor, or a specialist if the doctor considers it through a preventive audiometric check carried out following
necessary, shall assess if the damage is likely the ISO 6189 norm.
to be the result of exposure at work. If this is  Is the periodicity of health surveillance provided in national
the case: law?
- the worker shall be informed by the doctor or Y. The periodicity of the health checks is established as follows:
other suitably qualified person of the result o Yearly for workers exposed to an average daily exposure
which relates to him or her personally; equal to or greater than 87 dB(A) or a ppeak of 140 dB;
The employer shall: o Every three years for workers exposed to an average
- review the risk assessment daily exposure equal to or greater than 85 dB(A) or a
- review the risk mitigation measures taking into ppeak of 137 dB;
account the advice of the occupational Every five years for workers exposed to an average daily
healthcare professional or other suitably exposure equal to or greater than 80 dB(A) or a ppeak of 135
qualified person or the CA in implementing dB. (Noise RD)
any measures required to eliminate or reduce
risk and, including the possibility of assigning
the worker to alternative work where there is
no risk of further exposure; and
- arrange systematic health surveillance and
provide for a review of the health status of any
other worker who has been similarly exposed.
29

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Consultation
Y. The OSH Committee is asked for advice at various stages,
of workers
for instance, during the risk assessment, the preparation of
Art. 9
emergency plans and the selection of individual hearing
protectors. (Noise RD)
 For the purposes of this Directive the exposure No observed discrepancy  Does the transposing legislation set more stringent values?
limit values and exposure action values in has been identified in N.
respect of the daily noise exposure levels and terms of limit values.
peak sound pressure are fixed at:
(a) exposure limit values: LEX,8h = 87 dB(A) and
ppeak = 200 Pa (1) respectively;
(b) upper exposure action values: LEX,8h 85
dB(A) and ppeak = 140 Pa (2) respectively;
Limit values
(c) lower exposure action values: LEX,8h = 80
Art.3
dB(A) and ppeak = 112 Pa (3) respectively.
 When applying the exposure limit values, the
determination of the worker's effective
exposure shall take account of the
attenuation provided by the individual
hearing protectors worn by the worker.
 The exposure action values shall not take
account of the effect of any such protectors.
have been identified in the individual hearing protectors are not transposed in more
Other issues
relation to the other key detail than provided in the Directive. (Noise RD)
identified
requirements of the
Directive.
Table 1- 12 Directive 2004/40/EC (electromagnetic fields) - Observed discrepancies, more stringent and more detailed requirements
Scope and  Directive lays down minimum requirements for Directive 2004/40/EC has  Does the national legislation cover suggested long-term
definitions the protection of workers from risks from not yet been transposed in effects?
Art 1 and Art exposure to electromagnetic fields (0 Hz to the Belgian legal order.  Does the national legislation address the risks resulting
2 300 GHz) during their work. Meanwhile, the general from contact with live conductors?

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 It refers to the risk to the health and safety of provisions of the OSH Law
workers due to known short-term adverse and the OSH Order apply.
effects in the human body caused by the
circulation of induced currents and by energy
absorption as well as by contact currents.
 It does not address suggested long-term
effects, nor the risks resulting from contact with
live conductors.
 electromagnetic fields’: static magnetic and
time-varying electric, magnetic and
electromagnetic fields with frequencies up to
300 GHz;
 The employer shall assess and, if necessary,  Does the national legislation require employers to submit
measure and/or calculate the levels of risk assessment to national authorities whether on request
electromagnetic fields to which workers are or automatically?
exposed.  Are the risks to be taken into account in the assessment
 On the basis of this assessment, if the action described in a more specific manner than in the Directive?
values are exceeded, s/he shall assess and, if  Is the content of the risk assessment more detailed than
necessary, calculate whether the exposure described in the Directive?
limit values are exceeded.  Is a more specific methodology for risk assessment provided
 Assessment, measurement and/or calculations in the legislation?
need not be carried out in workplaces open  Are the sources of information and persons in charge of the
to the public provided that an evaluation has risk assessment described in the legislation in a more
Conducting a
already been undertaken in accordance with specific manner than in the Directive?
risk
Council Recommendation 1999/519/EC.
assessment
 The data obtained shall be preserved in a
Art.4
suitable form to permit consultation at a later
stage
 The employer shall give particular attention,
when carrying out the risk assessment, to:
- level, frequency spectrum, duration and type
of exposure;
- the exposure limit values and action values;
- any effects concerning workers at particular
risk;
- any indirect effects.
 The employer shall be in possession of a risk

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assessment.
 The risk assessment shall be recorded on a
suitable medium. It may include a justification
by the employer that the nature and extent of
the risks related to electromagnetic fields
make a further detailed risk assessment
unnecessary.
 The risk assessment shall be updated on a
regular basis, particularly if there have been
significant changes which could render it out
of date, or when the results of health
surveillance show it to be necessary.
Ensuring Assessment, measurement and/or calculations
preventive shall be planned and carried out by competent
and services or persons at suitable intervals,
protective
services
Art 4(4)
The employer shall ensure that exposed workers  Does the legislation provide for specific conditions (e.g. size
and/or their representatives receive any of the establishments) in relation to workers information?
necessary information/training relating to the  Is the content or form of information to workers further
outcome of the risk assessment, in particular on: specified?
- measures taken to implement this Directive;
- values and concepts of the exposure limit
values and action values and the associated
Information for potential risks
workers - the results of the assessment, measurement
Art. 6 /calculations of the levels of exposure to
electromagnetic fields
- how to detect adverse health effects and to
report them;
health surveillance;
- safe working practices to minimise risks from
exposure
Training of Same as above  Is more specific information on the scope of training
workers provided in the legislation?

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Art. 6
 Framework Directive applies  Does the national legislation require health surveillance
 In any event, where exposure above the limit prior to exposure to electromagnetic fields?
values is detected, a medical examination  Does the national legislation oblige employers to set health
shall be made available to the worker(s) surveillance requirements after the end of exposure to
concerned. electromagnetic fields?
 If health damage resulting from exposure is  Are the arrangements for health surveillance records
detected, the employer must carry out a specified in the legislation?
reassessment of the risks  Are the conditions in which health surveillance is required
Health  The employer shall take appropriate measures more specifically described in the legislation?
surveillance to ensure that the doctor and/or the medical  Is the periodicity of health surveillance provided in national
Art. 8 authority responsible for the health law?
surveillance has access to the results of the risk
assessment
 The results of health surveillance shall be
preserved in a suitable form to permit
consultation at later date, taking account of
confidentiality requirements. Individual workers
shall, at their request, have access to their
own personal health records
Consultation  Framework Directive applies  Are there more detailed requirements than in the
of workers Directive?
Art. 7
Exposure limit values are as set out in the Annex,  Does the transposing legislation set more stringent values?
Limit values Table 1.
Art.3 Action values are as set out in the Annex, Table
2.
Other issues
identified
Table 1- 13 Directive 2006/25/EC (artificial optical radiation) - Observed discrepancies, more stringent and more detailed requirements
Scope and  It lays down minimum requirements for the No observed discrepancy  Any additional or more detailed requirements
definitions protection of workers from risks to their health has been identified in N.
Art 1 and Art and safety arising or likely to arise from terms of scope and

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2 exposure to artificial optical radiation during definitions.

their work.
 It refers to the risk to the health and safety of
workers due to adverse effects caused by
exposure to artificial optical radiation to the
eyes and to the skin.
 optical radiation: any electromagnetic
radiation in the wavelength range between
100 nm and 1 mm. The spectrum of optical
radiation is divided into ultraviolet radiation,
visible radiation and infrared radiation:
(i) ultraviolet radiation: optical radiation of
wavelength range between 100 nm and 400
nm. The ultraviolet region is divided into UVA
(315-400 nm), UVB (280-315 nm) and UVC (100-
280 nm);
(ii) visible radiation: optical radiation of
wavelength range between 380 nm and 780
nm;
(iii) infrared radiation: optical radiation of
wavelength range between 780 nm and 1 mm.
The infrared region is divided into IRA (780-1 400
nm), IRB (1 400-3 000 nm) and IRC (3 000 nm-1
mm);
 The employer shall assess and, if necessary, No observed discrepancy  Does the national legislation require employers to submit
measure and/or calculate the levels of has been identified related risk assessment to national authorities whether on request or
exposure to optical radiation to which workers to the risk assessment. automatically?
are likely to be exposed N. As for exposure to vibration and noise, the risk assessment
 The data obtained shall be preserved in a shall be carried out in line with the requirements of the OSH
Conducting a
suitable form to permit their consultation at a RD. There is no requirement in the OSH RD to submit the results
risk
later stage. to the competent authorities. Article 9 of the AOR RD
assessment
 The employer shall give particular attention, nevertheless requires the employer to keep the documents in
Art.4
when carrying out the risk assessment, to the an appropriate format to enable later consultation. (OSH RD
following: and AOR RD)
- the level, wavelength range and duration of  Are the risks to be taken into account in the assessment
exposure; described in a more specific manner than in the Directive?
- the exposure limit values N. The factors to be taken into account, content and

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- any effects concerning the health and safety methodology of the risk assessment are described in a literal
of workers belonging to particularly sensitive manner (AOR RD)
risk groups;  Is the content of the risk assessment more detailed than
- any possible effects resulting from workplace described in the Directive?
interactions between optical radiation and N.
photosensitising chemical substances;  Is a more specific methodology for risk assessment provided
- any indirect effects e.g. temporary blinding, in the legislation?
explosion or fire; N.
- the existence of replacement equipment  Are the sources of information and persons in charge of the
designed to reduce the levels of exposure to risk assessment described in the legislation in a more
artificial optical radiation; specific manner than in the Directive?
- appropriate information obtained from health Y. The AOR RD specifies that the employer shall involve his
surveillance, including published information, internal or an external preventive and protective service in the
as far as possible; risk assessment. Moreover, if the necessary technical capacity
- multiple sources of exposure; is not available neither in the ISSP nor in the ESSP, the employer
- a classification applied to a laser as defined in shall involve an accredited laboratory of which the
accordance with the relevant IEC standard accreditation specifically relates to the measurements of
and, in relation to any artificial source likely to artificial optical radiation. (AOR RD)
cause damage similar to that of a laser of class
3B or 4, any similar classification;
Ensuring  The assessment, measurement and/or There are no observed  Any additional or more detailed requirements
preventive calculations referred to in paragraph 1 shall discrepancies regarding N.
and be planned and carried out by competent the involvement of
protective services or persons at suitable intervals preventive and protective
services services.
Art 4(2)
 The employer shall ensure that workers There are no observed  Does the legislation provide for specific conditions (e.g. size
exposed to risks from artificial optical radiation discrepancies regarding of the establishments) in relation to workers information?
at work and/or their representatives receive the information of workers. N. The information requirements are transposed in a literal
necessary information and training relating to manner (AOR RD)
Information for the outcome of the risk assessment in  Is the content or form of information to workers further
workers particular: specified?
Art. 6 - measures taken to implement this Directive; N.
- the exposure limit values and the associated
potential risks;
- the results of the assessment, measurement
and/or calculations with an explanation of

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their significance and potential risks;

- how to detect adverse health effects of
exposure and how to report them
health surveillance;
- safe working practices to minimise risks from
exposure;
- proper use of appropriate personal protective
equipment
Same as above There are no observed  Is more specific information on the scope of training
discrepancies regarding provided in the legislation?
Training of the training of workers. N. The training requirements are transposed in a literal manner
workers (AOR RD)
Art. 6  Are there specific requirements as to the competence of
N.
 Health surveillance is carried out by a doctor, There are no observed  Does the national legislation require health surveillance
an occupational health professional or a discrepancies regarding prior to exposure to artificial optical radiation?
medical authority responsible for health the health surveillance of Y. The health check prior to exposure consists of a check of
surveillance workers. hearing through a preventive audiometric check carried out
 Individual health records are made and kept according to the prescriptions of ISO 6189.
up to date.  Does the national legislation oblige employers to set health
 Health records shall contain a summary of the surveillance requirements after the end of exposure to
Health results of the health surveillance and be kept artificial optical radiation?
surveillance in a suitable form to permit later consultation, Y. The national legislation on health surveillance of workers
Art. 8 taking into account any confidentiality. prescribes post exposure surveillance for workers who have
 Copies of the appropriate records shall be been exposed to physical agents (such as artificial optical
supplied to the competent authority on radiation)30. Such surveillance is either covered by the
request, taking into account any employer or by the Occupational Diseases Fund31.
confidentiality.  Are the arrangements for health surveillance records
 Doctor, the occupational health professional specified in the legislation?
or the medical authority responsible for the N. The AOR RD requires the health records to be kept in the
health surveillance, has access to the results of same manner as the general health records (AOR RD)
30
31

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the risk assessment where such results may be  Are the conditions in which health surveillance is required
relevant to the health surveillance. more specifically described in the legislation?
 Individual workers shall, at their request, have N.
access to their own personal health records  Is the periodicity of health surveillance provided in national
 When exposure above limit values is law?
detected, a medical examination shall be N.
made available to the worker(s) concerned.
 In both cases, when limit values are exceeded
or adverse health effects (incl. diseases) are
identified:
- the worker shall be informed of the result which
relates to him personally and receive
information and advice regarding any health
surveillance which he should undergo
following the end of exposure;
- the employer shall be informed of any
significant findings of the health surveillance,
taking into account any medical
confidentiality;
- the employer shall:
o review the risk assessment
o review the measures taken to eliminate or
reduce risks
o take into account the health professional
advice in implementing such measures
o arrange continued health surveillance and
provide for a review of the health status of
any other worker who has been similarly
exposed. In such cases, the competent
health professional may propose that the
exposed persons undergo a medical
examination.
Consultation  Framework Directive applies No observed discrepancies  Are there more detailed requirements than in the Directive?
of workers have been identified. N.
Art. 7
Limit values  Exposure limit values for non-coherent There are no observed  Does the transposing legislation set more stringent values?
Art.3 radiation, other than that emitted by natural discrepancies in relation to N.

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sources of optical radiation, are set out in the limit values.

Annex I.
 Exposure limit values for laser radiation are set
out in Annex II.
have been identified in the measures to avoid and reduce exposure are not
Other issues
relation to the other key transposed in more detail than provided in the Directive. (AOR
identified
requirements of the RD)
Directive.
Table 1- 14 Directive 2004/37/EC (carcinogens or mutagens) - Observed discrepancies, more stringent and more detailed requirements
 This Directive shall apply to activities in which The national legislation  Does the transposing legislation also cover reprotoxic
workers are or are likely to be exposed to applies the carcinogen substances (1A and 1B)?
carcinogens or mutagens as a result of their and mutagen classification N.
Scope and
work according to the CLP
definitions
 Carcinogens Regulation (EC) 1272/2008.
Art 3(1) read
Substance category 1 or 2 carcinogens Annex
in conjunction
VI to Directive 67/548/EEC No observed discrepancies
with Art 2
 Mutagens: have been identified with
Substance category 1 or 2 mutagens Annex VI regard to the scope and
to Directive 67/548/EEC definitions.
 nature, degree and duration of workers' No observed discrepancy  Does the transposing legislation oblige employers to
exposure shall be determined in order to has been identified related supply the authorities with information automatically and
make it possible to assess any risk to the to the risk assessment. not on request?
workers' health or safety and to lay down the N.
measures to be taken.  Are the risks to be taken into account in the assessment
Conducting a
 The assessment shall be renewed regularly described in a more specific manner than in the
risk
and in any event when any change occurs in Directives?
assessment
the conditions which may affect workers' N.
Art. 3
exposure to carcinogens or mutagens.  Is the content of the risk assessment more detailed than
 The employer shall supply the authorities at described in the Directives?
their request with the information used for N.
making the assessment.  Is a more specific methodology for risk assessment
 When assessing the risk, account shall be provided in the legislation?

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taken of all other routes of exposure, such as Y. The Carcinogens and mutagens RD specifies that the risk
absorption into and/or through the skin. assessment shall be renewed regularly and at least once year.
(Carcinogens and mutagens RD)
specific manner than in the Directives?
N.
preventive
and
protective
services
Appropriate measure to ensure that: There are no observed  Does the Directive set additional information
 Workers and/or any workers' representatives in discrepancies regarding requirements, including on:
the undertaking can check that this Directive the information of workers. o relevant activities and industrial processes, including
is applied or can be involved in its application reasons why carcinogens mutagens and reprotoxins
in particular for: are used;
o the consequences for workers' safety and o quantities of substances and preparations
health of the selection, wearing and use of manufactured or used that contain CMR
protective clothing and equipment, without o numbers of workers exposed
prejudice to the employer's responsibility for o replacement by another product
determining the effectiveness of protective o negative impacts on fertility
clothing and equipment; N.
Information for o the measures in case of foreseeable  Does the legislation provide for specific conditions in
workers exposure relation (e.g. size of the establishments) to workers
Art.12  Workers and/or their representatives are information?
informed as quickly as possible of abnormal N.
exposures including foreseeable ones or the  Is the content or form of information to workers further
cause and of the measures taken or to be specified?
taken to rectify the situation Y. The RD specifies that the information shall take the form of
 The employer keeps an up-to-date list of the an individual briefing document containing all information
workers engaged in the activities in respect of and instructions. There are no additional content requirements
which the results of the assessment reveals a in the RD (Carcinogens and mutagens RD)
risk to workers and indicating if available their
exposure
 Doctors and/or competent authorities have
access to this list.

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 Each worker has access to the information

about him
 Workers and/or workers representatives have
access to anonymous collective information
 Sufficient and appropriate training on the There are no observed  Is more specific information on the scope of training
basis of all available information on: discrepancies regarding provided in the legislation?
o Potential risks to health including the the training of workers. N. The Carcinogens and mutagens however specifies that the
Training of additional risks due to tobacco consumption training of workers who continue working in risk zones shall be
workers o Precautions to be taken to prevent exposure repeated at least once a year. (Carcinogens and mutagens
Art.11 RD)
 Are there specific requirements as to the competence of
N.
 Health surveillance prior exposure and at There are no observed  Does the national legislation set health surveillance
regular intervals thereafter discrepancies regarding requirements after the end of exposure?
 If a workers suffer from an abnormality the health surveillance of Y. The national legislation on health surveillance of workers
suspected to be the result of exposure the workers. prescribes post exposure surveillance for workers who have
doctor or relevant authority may require other been exposed to chemical agents32. Such surveillance is
workers who have been similarly exposed to either covered by the employer or by the Occupational
undergo health surveillance. In that even a Diseases Fund33. (Carcinogens and mutagens RD)
reassessment of the risk must be carried out.  Are the arrangements for health surveillance records
 Medical records must be kept and doctors specified in the legislation?
Health
must propose any protective or preventive Y. The RD cross refers to the general requirements of the
surveillance
measures to be taken in respect of any framework legislation in relation to the health record, but
Art.14
individual worker. specifies that, in this case, exceptionally, a copy of the health
 Advice must be given to workers on health record shall be kept by the department responsible for health
surveillance after the end of exposure surveillance during 40 years. (Carcinogens and mutagens RD)
 Workers have access to the result of health  Are the conditions in which health surveillance is required
surveillance that concern them more specifically described in the legislation?
 Workers/employers may request a review of N.
the results of the health surveillance  Is the periodicity of health surveillance provided in national
law?
Y. As long as the exposure continues, the health surveillance
32
33

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shall be carried out at least once per year. (Carcinogens and

mutagens RD)
Y. The OSH Committee shall, in addition to the general
requirements contained in the framework legislation, give
advice about:
Consultation o The risk assessment
of workers o Every measure aimed at reducing the exposure duration
Art.13 of workers as much as possible and at protecting them
during activities where exposure is foreseeable
o Training and information programmes for workers
o Labelling of containers, packaging and installations
o Delimitation of the risk zones. (Carcinogens and
mutagens RD)
 Limit values on Benzene, Vinyl chloride There are no observed  Does the transposing legislation set more stringent limit
monomer, hardwood dusts discrepancies regarding values?
the limit values for N.
exposure.  Does the legislation set binding limit values on other
carcinogens and mutagens (e.g. refractory ceramic
Limit values
fibres)
Art 16 and
N. Annex I to the Chemical Agents RD identifies more
Annex III
carcinogens and mutagens (indicated by the letter Ć´ than
merely those listed in the Directive. It includes limit values for
exposure for those substances. The limit values are in this case
however those introduced by the Directive on chemical
agents.
No observed discrepancies Other key requirements such as the three-tiered approach to
have been identified in protect workers from exposure and the measures to be taken
Other issues
relation to the other key to limit exposure are not transposed in more detail than
identified
requirements of the provided in the Directive. (Carcinogens and mutagens RD)
Directive.

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Table 1- 15 Council Directive 98/24/EC (chemical agents at work) - Observed discrepancies, more stringent and more detailed requirements
 The requirements of this Directive No observed discrepancies have been  Is the scope broader than the directive’s for:
apply where hazardous chemical identified with regard to the scope and - Chemical agent?
agents are present or may be definitions. - Hazardous chemical agent?
present at the workplace, without N.
prejudice to the provisions for
chemical agents to which
measures for radiation protection
apply pursuant to Directives
adopted under the Treaty
establishing the European Atomic
Energy Community.
 Chemical agent is defined as any
chemical element or compound,
on its own or admixed, as it occurs
in the natural state or as produced,
used or released, including release
Scope and as waste, by any work activity,
definitions whether or not produced
Art. 1 and 2 intentionally and whether or not
placed on the market.
 Hazardous chemical agent is
defined as
o any chemical agent which meets
the criteria for classification as a
dangerous substance according
to the criteria in Annex VI to
Directive 67/548/EEC, whether or
not that substance is classified
under that Directive, other than
those substances which only meet
the criteria for classification as
dangerous for the environment;
o any chemical agent which meets
the criteria for classification as a
dangerous preparation within the

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meaning of Directive 88/379/EEC,

whether or not that preparation is
classified under that Directive,
other than those preparations
which only meet the criteria for
classification as dangerous for the
environment;
o any chemical agent which, whilst
not meeting the criteria for
classification as dangerous in
accordance with (i) and (ii), may,
because of its physico-chemical,
chemical or toxicological
properties and the way it is used
or is present in the workplace,
present a risk to the safety and
health of workers, including any
chemical agent assigned an
occupational exposure limit value
under Article 3 of the Directive.
 The Directive requires a risk No observed discrepancy has been identified  Does the national legislation require employers to
assessment to be carried out by related to the risk assessment. submit risk assessment to national authorities whether
employers which must determine on request or automatically?
whether any hazardous chemical N. The employer is however required to adequately
agents are present at the document the risk assessment.
workplace. If so they should assess  Are the risks to be taken into account in the
Conducting them taking into account, inter assessment described in a more specific manner
a risk alia, their hazardous properties; than in the Directive?
assessment level, type and duration of N.
Art. 4(1), (2) exposure; the circumstances of  Is the content of the risk assessment more detailed
and (4) work involving such agents; than described in the Directive?
occupational exposure limit values N.
or biological limit values; effect of  Is a more specific methodology for risk assessment
preventive measures taken or to provided in the legislation?
be taken; conclusions to be drawn Y. The Chemical Agents RD provides for a formula for
from any health surveillance. determining the cumulative effect of exposure to
 In case of activities involving various chemical agents. A deviation from this formula

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exposure to several agents, the risk is allowed, but only if scientific data enable a better
must be assessed taking into assessment of the cumulative exposure. (Chemical
account all chemical agents in agents RD)
combination.  Are the sources of information and persons in charge
 The risk assessment must be of the risk assessment described in the legislation in a
documented. The employer must more specific manner than in the Directive?
be in possession of the risk Y. The employer is overall responsible for carrying out
assessment. the risk assessment. However, the RD requires the OSH
Committee to provide prior advice on the justification
in case the employer argues that a detailed risk
assessment is not necessary. (Chemical agents RD)
preventive
and
protective
services
 The employer must ensure that There are no observed discrepancies regarding  Does the transposing legislation set any additional
workers are provided with: the information of workers. information requirements?
o Data obtained from the risk Y. The RD also requires workers to be informed of the
assessments results of the measurements comparing exposure to the
o Information on the hazardous limit values. (Article 29 Chemical Agents RD)
chemical agents occurring in the  Does the legislation provide for specific conditions
workplace (e.g. relevant (e.g. size of the establishments) in relation to workers
occupational exposure limit information?
Information values) N.
for workers o Training and information on  Is the content or form of information to workers
Art.8 appropriate precautions and further specified?
actions to be taken Y. In addition to the general requirement to make
o Safety data sheet containers and pipes identifiable, the RD requires this to
be done via a consistent safety indication in line with
the requirements of legislation on labelling of hazardous
substances. The RD specifies how this labelling
requirement is met for fixed containers of more than 500
litres and glass recipients used in laboratories. (Article 30
Chemical Agents RD)
Training of  The employer must ensure that There are no observed discrepancies regarding  Is more specific information on the scope of training
workers workers are provided with: the training of workers. provided in the legislation?

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Art.8 o Training and information on N.

appropriate precautions and  Are there specific requirements as to the
actions to be taken competence of trainers provided in the legislation?
N.
 Other more detailed or more stringent requirements?
N.
 The employer shall provide health There are no observed discrepancies regarding  Does the transposing legislation require health
surveillance of workers for whom the health surveillance of workers. surveillance to be provided for other workers than
the results of the assessment of the those for which the assessment of the hazardous
hazardous chemical agents reveal chemical agents revealed a risk to health?
a risk to health. N.
 Individual health and exposure  Does the transposing legislation oblige employers
records shall be made and kept to supply the authorities with information
up-to-date and contain a automatically and not on request?
summary of the results of health N.
surveillance and of any monitoring  Are the arrangements for health surveillance records
data representative of the specified in the legislation?
exposure of the individual. Y. The general requirements for the health record set
 Copies must be supplied on out in the Health Surveillance RD apply. The health
request to the authorities records shall be kept by the department in charge of
Health health surveillance. The RD moreover specifies that the
surveillance prevention adviser-doctor shall make the exposure data
Art.10 available to the OSH Committee, in an anonymous
manner, where medical secrecy can be ensured and
taking account of the number of workers exposed.
(Chemical agents RD)
 Are the conditions in which health surveillance is
required more specifically described in the
legislation?
N. Is the periodicity of health surveillance provided in
national law?
Y. Annex IV of the Chemical Agents RD contains a list of
agents that require specific examinations and the
periodicity in which those examinations must be
executed.
 Other more detailed or more stringent requirements?
N.

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 Framework Directive applies No observed discrepancies have been  Are there more detailed requirements than in the
identified. Framework Directive?
Consultation Y. The OSH Committee is asked for advice at various
of workers stages, for instance, during the risk assessment, the
Art.11 preparation of emergency plans and the
measurements. Moreover, the Committee can contest
the results of the risk assessment (Chemical Agents RD)
 Exposure limit values and biological For the following substances, less stringent limit  Does the transposing legislation set more stringent
limit values values (higher) have been set. Only the limit values?
differences in limit values are reported in the Y. First, it is noteworthy that limit values set in the
table, when cells are left blank the values set Belgian legislation are binding.
are the same as the ones laid down by For the following substances, more stringent limit
91/322/EEC, Directive 2000/39/EC, Directive values (lower) or additional limit values (short term)
2006/15/EC or Directive 2009/161/EC. have been set. Only the differences in limit values are
reported in the table, when cells are left blank the
Name of Limit values values set are the same as the ones laid down by
agent Eight hours Short-term 91/322/EEC, Directive 2000/39/EC, Directive
Mg/m³ ppm Mg/m³ ppm 2006/15/EC or Directive 2009/161/EC.
Naphtalene 53 80 15
Nitrogen 31 Name of agent Limit values
Limit values monoxide Eight hours Short-term
Art 3 and Sulphuric 1 3 Mg/m³ ppm Mg/m³ ppm
6(4) and (5) acid (mist) Acetic acid 38 15
Pyridine 3.3 1
Acetone Idem Idem 2420 1000
Ethylamine Idem 28.2 15
Ethylbenzene 551 125
e-Caprolactam 1
(dust)
e-Caprolactam 10 2.2 40 8.7
(vapour)
Phenol 8 16 4
Triethylamine 4.2 1
n-Heptane 1664 400 2085 500
Formic acid 19 10
Methanol 333 250

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Acetonitrile 34 20
Isopentane 1800 600 2250 750
Resorcinol 46 91 20
Toluene 77 20
Pentane 1800 600 2250 750
Oxalic acid 2
Neopentane 1800 600 2250 750
Diphosphorus 3
pentasulphide
Chromium 0.5
Metal,
Inorganic
Chromium (II)
Compounds
and Inorganic
Chromium (III)
Compounds
(insoluble)
Bromine 0.67 1.3 0.2
Phosphorus 0.86 0.1
pentachloride
Carbon 3.16 1
disulphide
Methyl 208 50 416 100
methacrylate
Methylacrylate 7.2 2
2- 0.3 0.1
Methoxyethanol
2- 0.5 0.1
Methyoxyethyl
acetate
Tertiary-butyl- 146 40
methyl ether
 Other additional or more detailed requirements

N.

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No observed discrepancies have been The Chemical Agents RD contains a number of

identified in relation to the other key specifications or more detailed implementing
requirements of the Directive. requirements of the Directive´s provisions. For example,
it specifies that all measures aimed at preventing or
Other issues protecting workers from exposure to chemical agents
identified shall be included in the global prevention plan
prepared on the basis of Article 10 of the OSH RD.
Moreover, Article 20 of the RD sets out more detailed
requirements for the measurements of chemical agents
which could be a risk for the health of workers.34
Table 1- 16 Directive 2009/148/EC (asbestos) - Observed discrepancies, more stringent and more detailed requirements
The Directive covers health and safety risks No observed discrepancies  Any additional or more detailed requirements
arising or likely to arise from exposure to have been identified with N.
asbestos at work where asbestos is defined as regard to the scope and
any one of six fibrous silicates: definitions.
Scope and - asbestos actinolite, CAS No 77536-66-4 ( 1 );
definitions - asbestos grunerite (amosite), CAS No 12172-73-
Art.1 and 2 5 ( 1 );
- asbestos anthophyllite, CAS No 77536-67-5 ( 1 )
- chrysotile, CAS No 12001-29-5 ( 1 );
- crocidolite, CAS No 12001-28-4 ( 1 );
- asbestos tremolite, CAS No 77536-68-6 ( 1 ).
 In the case of activity likely to involve a risk of No observed discrepancy  Are the risks to be taken into account in the assessment
exposure to dust arising from asbestos or has been identified related described in a more specific manner than in the Directive?
Conducting a
materials containing asbestos, this risk must be to the risk assessment. Y. The Asbestos RD also requires the duration of exposure to
risk
assessed to determine the nature and degree be assessed. (Asbestos RD)
assessment
of the workers’ exposure.  Is the content of the risk assessment more detailed than
Art.3(2)
N.
34
See also National Implementation Report 2013, Part A, Section II, (EN) p.59.

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in the legislation?
Y. The methodology for the risk assessment is that set out in the
Carcinogens and mutagens RD. The RD moreover specifies
that the workers and the OSH Committee shall be involved in
the risk assessment which shall be provided to them in written
form. In the case of authorised works, a prior advice from the
Committee shall be requested (Asbestos RD)
N.
Ensuring  Sampling shall be carried out by suitably There are no observed The Asbestos RD specifies that the work stations where the
preventive qualified personnel. The samples taken shall discrepancies regarding sampling shall take place shall be determined by the
and be subsequently analysed, in laboratories the involvement of preventive services, and be agreed upon by the OSH
protective equipped for fibre counting. preventive and protective Committee (Asbestos RD)
services services.
Art.7(4)
 Art.4(4): Workers must have access to the There are no observed  Does the transposing legislation set any additional
documents used in the documentation system discrepancies regarding information requirements?
 Art.17: Workers must receive adequate the information of workers. N.
information on:  Does the legislation provide for specific conditions (e.g. size
- potential risks to health from exposure to dust of the establishments) in relation to workers information?
arising from asbestos or materials containing N.
asbestos;  Is the content or form of information to workers further
- existence of statutory limit values and the specified?
Information for need for the atmosphere to be monitored; N.
workers - hygiene requirements, including the need to
Art.4(4) Art.17 refrain from smoking;
- precautions to be taken as regards the
wearing and use of protective equipment and
clothing;
- special precautions designed to minimise
exposure to asbestos.
 Workers must have access to the results of
asbestos-in-air concentration measurements
and can be given explanations of the

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significance of those results. If the results

exceed the limit value, the workers concerned
are informed as quickly as possible of the fact
and the reasons for it and the workers are
consulted on the measures to be taken or, in
an emergency, are informed of the measures
which have been taken.
 Appropriate training must be given for all There are no observed  Is more specific information on the scope of training
workers who are, or are likely to be, exposed discrepancies regarding provided in the legislation?
to dust from asbestos or materials containing the training of workers. N.
asbestos. Such training must be provided at  Are there specific requirements as to the competence of
regular intervals and at no cost to the workers. trainers provided in the legislation?
 The content of the training must be easily N.
understandable for workers. It must enable  Are there more detailed requirements on the training of
them to acquire the necessary knowledge workers than in the Directive?
and skills in terms of prevention and safety, Y. The Asbestos RD requires training to take place every year.
particularly as regards: A specific training is provided for workers who have to
- properties of asbestos and its effects on health; remove asbestos (art. 69 – 71 Asbestos RD).
Training of
- types of products or materials likely to contain
workers
asbestos;
Art.14
- operations that could result in asbestos
exposure and the importance of preventive
controls to minimise exposure;
- safe work practices, controls and protective
equipment;
- appropriate role, choice, selection, limitations
and proper use of respiratory equipment;
- emergency procedures;
- decontamination procedures;
- waste disposal;
- medical surveillance requirements
 Assessment of each worker’s health must be There are no observed  Do these health surveillance requirements also apply if
available prior to the beginning of exposure to discrepancies regarding worker exposure is sporadic and of low intensity, and is
Health
dust arising from asbestos or materials the health surveillance of clear from the results of the risk assessment that the
surveillance
containing asbestos at the place of work. It workers. exposure limit for asbestos will not be exceeded?
Art.18
must include a specific examination of the Y. The health surveillance requirements apply when a workers
chest. is exposed to asbestos.

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 A new assessment must be available at least  Does the national legislation oblige worker to continue
once every 3 years for as long as exposure medical surveillance after exposure to asbestos?
continues. Y. The continued medical surveillance is required when the
 Individual health record to be established for prevention adviser in charge of the health surveillance
each worker declares that is necessary for the health of the workers
 The doctor or responsible authority shall advise concerned.
on individual protective/preventive measures  Are the arrangements for health surveillance records
to be taken or determine such measures, specified in the legislation?
including where appropriate the withdrawal Y. The health record shall be kept during 40 years after the
of the worker from all exposure to asbestos. end of the exposure.
 Information and advice must be given to  Are the conditions in which health surveillance is required
workers on any assessment of their health more specifically described in the legislation?
which they may undergo following the end of N.
exposure.  Is the periodicity of health surveillance provided in national
 The doctor may indicate that medical law?
surveillance must continue after the end of Y. The periodicity for workers exposed to the risk of asbestos is
exposure for as long as he/she considers it once a year.
necessary to safeguard the health
 The worker concerned or the employer may
request a review of the assessments
 These measures do not apply if worker
exposure is sporadic and of low intensity, and
is clear from the results of the risk assessment
that the exposure limit for asbestos will not be
exceeded (See Article 3(3)
 Art.3(5): risk assessment is subject to worker There are no observed  Does the national legislation set additional worker
consultation discrepancies regarding consultation requirements?
 Art.7(3): sampling is carried out after worker the consultation of workers. N.
Consultation consultation  Are specific criteria put in place?
of workers  Art.12: workers must be consulted on N.
Art.3(5) and measures to be taken in case of activities such
7(3) and 12 as demolition, asbestos removal work,
repairing and maintenance where it is
foreseeable that the limit values will be
exceeded, before the activities start.
Limit values  Employers shall ensure that no worker is There are no observed  Does the transposing legislation set more stringent limit
exposed to an airborne concentration of discrepancies regarding values?

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asbestos in excess of 0,1 fibres per cm3 as an the limit values for N.
8-hour time-weighted average (TWA). exposure.
No observed discrepancies The asbestos RD contains more detailed requirements than

have been identified in the Directive in a number of aspects. For example, more
relation to the other key detailed rules regarding the measurements are set out in
requirements of the Section VI of the RD and a requirement to keep an inventory
Directive. of asbestos and asbestos-containing material in the building,
Other issues
work equipment or protective equipment shall be prepared
identified
by the employer in addition to the notification requirement set
out in the Directive, Also, specific methods for the removal of
asbestos-containing material are prescribed in great detail in
the RD, such as the “incubator bag method” for the removal
of isolation around piping containing asbestos.
Table 1- 17 Directive 2000/54/EC (biological agents) - Observed discrepancies, more stringent and more detailed requirements
 The Directive covers risks, arising or likely to No observed discrepancies  Is the scope of the national legislation broader than the
arise from exposure to biological agents at have been identified with Directive?
work. regard to the scope and N.
Scope and  ‘biological agents’: micro-organisms, including definitions.
definitions those which have been genetically modified,
Art. 1 and 2 cell cultures and human endoparasites, which
may be able to provoke any infection, allergy
or toxicity;
 The nature, degree and duration of workers' No observed discrepancy  Does the national legislation require employers to submit
exposure must be determined. has been identified related risk assessment to national authorities automatically?
 In the case of activities involving exposure to to the risk assessment. N.
Conducting a
several groups of biological agents, the risk  Does the national legislation require that practical
risk
shall be assessed on the basis of the danger guidelines for the determination and assessment of risk must
assessment
presented by all hazardous agents present. be developed?
Art. 3, 7(1)
 The assessment must be renewed regularly Y. Article 7 OSH RD requires the employer to develop a
and in any event when any change occurs in strategy for carrying out a risk assessment as part of his
the conditions which may affect workers' dynamic risk management system. (OSH RD)

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exposure  Are the risks to be taken into account in the assessment

 The employer must supply the CAs, at their described in a more specific manner than in the Directive?
request, with the information used for making N. The Biological Agents RD refers to all risks to the health and
the assessment. safety of the workers (Biological Agents RD)
 The assessment is conducted on the basis of  Is the content of the risk assessment more detailed than
all available information: described in the Directive?
- classification of biological agents which are or N.
may be a hazard to human health  Is a more specific methodology for risk assessment provided
- recommendations from a CA which indicate in the legislation?
that the biological agent should be controlled N.
to protect workers' health when workers are or  Are the sources of information and persons in charge of the
may be exposed to such a biological agent as risk assessment described in the legislation in a more
a result of their work specific manner than in the Directive?
- information on diseases which may be Y. The transposition of the sources is almost literal. The
contracted as a result of the work of the Biological Agents RD however specifies that the competent
workers authority for issuing recommendations about preventive
- potential allergenic or toxigenic effects as a measures shall be made by the Ministry of Employment and
result of the work of the workers; Labour. Moreover, the RD specifies that the OSH Committee
- knowledge of a disease from which a worker is shall have the opportunity to provide advice about the
found to be suffering and which has a direct document containing the elements considered for the risk
connection with his work assessment, the results of the assessment as well as the
 Where the assessment reveals risk to workers' measures taken on this basis. (Biological Agents RD)
health or safety, employers shall, when
requested, make available to the CA
appropriate information on:
- the results of the assessment;
- the activities in which workers have been
exposed or may have been exposed;
- the number of workers exposed;
- the name and capabilities of the person
responsible for OSH,
- the protective and preventive measures
taken;
- an emergency plan for the protection of
workers from exposure to a group 3 or 4
biological agent which might result from a loss
of physical containment.

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preventive
and
protective
services
 Employers shall provide written instructions There are no observed  Does the information to be provided to the CAs need to
and, if appropriate, display notices which discrepancies. be available to the workers independently of their
shall, include the procedure to follow in the request?
case of: However, the requirement N.
- a serious accident or incident involving the to provide workers, at their  Does the legislation provide for specific conditions (e.g. size
handling of a biological agent; request, with the of the establishments) in relation to workers information?
- handling a group 4 biological agent. information provided to the N.
 Employers shall inform the workers of any CAs is not transposed in the  Is the content or form of information to workers further
accident/incident which may have resulted in Biological Agents RD specified?
the release of a biological agent and could N. The OSH Committee shall in addition to the general
Information for cause severe human infection and/or illness. information requirement for workers have the right to look into
workers  Employers shall inform the workers as quickly anonymous collective information and be provided with the
Art.10 as possible when a serious accident or information that is forwarded to the inspection services.
incident occurs, of its causes and the remedial (Biological Agents RD)
measures taken or to be taken.
 Each worker shall have access to the
information on the list of exposed workers
which relates to him personally.
 Workers or their representatives shall have
access to anonymous collective information.
 Employers shall provide workers and/or their
representatives, at their request, with the
information for CAs (see Article 7)
 Workers receive training concerning: There are no observed  Is more specific information on the scope of training
- potential risks to health; discrepancies regarding provided in the legislation?
- precautions to be taken to prevent exposure; the training of workers. N.
- hygiene requirements;  Are there specific requirements as to the competence of
Training of
- wearing and use of protective equipment and trainers provided in the legislation?
workers Art.9
clothing; N.
- steps to be taken in case of incidents and to
prevent them.
 Training shall be:

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- given at the beginning of work involving

contact with biological agents,
- adapted to new or changed risks, and
repeated periodically if necessary
 Each worker can undergo, if appropriate, There are no observed  Does the national legislation set more stringent
relevant health surveillance prior to exposure discrepancies regarding requirements on health surveillance (e.g. individual
and at regular intervals the health surveillance of medical records must be kept more than 10 years)
 When necessary, effective vaccines should be workers. Y. The individual medical records must be kept more than 30
made available for workers who are not years.
already immune to the biological agent to  Are the arrangements for health surveillance records
which they are exposed. specified in the legislation?
 A worker is found to be suffering from an Y. The Biological Agents RD provides detailed requirements for
infection and/or illness which is suspected to the vaccination certificates which shall be provided to the
result from exposure, the doctor or responsible preventive service in the company. Moreover, the RD
authority shall offer such surveillance to other specifies that health records for long-term infections as
workers similarly exposed. In that event, a referred to in Article 11(2) shall be kept for 30 years.
reassessment of the risk of exposure shall be  Are the conditions in which health surveillance is required
carried out more specifically described in the legislation?
 In cases where health surveillance is carried Y. The RD sets out very detailed requirements for health
Health out, an individual medical record shall be kept surveillance of workers that might be exposed to biological
surveillance for at least 10 years following the end of agents. The employer is obliged to carry out a prior health
Art.14 exposure. check, regular health assessments and, where appropriate a
 In the special cases of infection [referred to in health check prior to restarting work.
Article 11(2) second subparagraph], an  Is the periodicity of health surveillance provided in national
individual medical record shall be kept for an law?
appropriately longer time up to 40 years Y. The RD only specifies the regularity for specific cases, such
following the last known exposure. as following a positive tuberculin test, in which case a
 The doctor or responsible authority shall radiological examination shall be repeated every 5 years.
propose protective or preventive measures in
respect of any individual worker. In addition, the RD provides very detailed requirements about
 Information and advice must be given to the content of the health surveillance of workers that might be
workers on health surveillance they may exposed to biological agents. It lists the minimum
undergo after the end of exposure. examinations that shall be carried out as part of each of the
 Workers shall have access to the results of the checks. It also lists the potential of increased vulnerabilities
health surveillance which concern them, and that the doctor shall consider as part of his/her examination,
they or the employer may request a review of such as pregnancy, use of medicinal products, etc.
these results. Moreover, the Biological Agents RD introduces more detailed

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 All cases of diseases or death identified from requirements in relation to vaccinations. For instance, it sets
occupational exposure to biological agents out employers´ information obligations in relation to
shall be notified to the CA vaccinations, certification requirements as well as a list of
sectors in which mandatory vaccinations apply for tetanus,
tuberculosis or hepatitis. (Biological Agents RD)
Consultation have been identified. Framework Directive?
of workers Y. The OSH Committee is asked for advice at various stages,
Art.12 for instance, during the preparation of the risk assessment.
(Biological Agents RD)
No observed discrepancies  The Biological Agents RD has added activities to the

have been identified in indicative list of types of activities that do not involve a
relation to the other key deliberate intention to work with or use a biological agent
requirements of the but that may result in workers´ being exposed to a
Directive. biological agent, included in Annex I. For instance, the
Biological Agents RD has also included in this list any
activities whereby there is direct contact with food or
Other issues food substances, work in the health sector, including in
identified isolation units and post-mortem units as well as work in
social services, emergency services and penitentiary
institutions. The list remains indicative.
 The Biological Agents RD contains detailed requirements
on the use of sharp medical instruments in the hospital
and health care sector. This chapter however transposes
specific EU requirements established by Directive
2010/32/EU. (Biological Agents RD)
Table 1- 18 Council Directive 92/57/EEC (temporary or mobile construction sites) - Observed discrepancies, more stringent and more detailed requirements

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 The Directive applies to the health and safety No observed discrepancies In comparison with the non-exhaustive list of building and civil
of workers at temporary or mobile have been identified with engineering works set out in Annex 1 to Directive 92/57/EEC,
construction sites, i.e. any construction site at regard to the scope and Article 2(1) of the Royal Decree of 25 January 2001 on
which building or civil engineering works are definitions. temporary or mobile construction sites (‘the Royal Decree on
carried out (a non-exhaustive list of works is construction sites’) explicitly adds:
provided in Annex I). It does not apply to - foundation and reinforcing works;
drilling and extractive industries*. - hydraulic works;
- highway works;
- laying of mains pipes, in particular sewers, gas pipes,
electrical cables and works on these pipes, preceded by
other works covered by the Royal Decree on construction
sites;
- assembly and dismantling of prefabricated elements, girders
and beams in particular;
- finishing works connected with one or more of the works
listed by the Royal Decree on construction sites.
Scope and
definitions Article 2(2) of the Royal Decree on construction sites explicitly
Art. 1, 2 and excludes from its scope:
10(1) and (2) - Drilling and extraction activities in extractive industries
(Article 2(2)(1));
NB: these activities are also explicitly excluded from Directive
92/57/EEC.
- The assembly of ‘installations’, in particular production,
processing, transport and treatment installations
NB: the Royal Decree on construction sites nevertheless

contains an exception to this exclusion of ‘installation’ works.
The Royal Decree on construction sites continues to apply to:
works to lay mains pipes and works on such pipes, works
connected with foundations, concreting, masonry and
bearing structures for these ‘installations’ (Article 2(2)(2), Part
2).
- Building or civil engineering works (listed in Article 2(1) of the
Royal Decree on construction sites) which are undertaken by
a single contractor in an establishment in which the client
employs workers (Article 2(2)(3);

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NB: Such works are only partially excluded from the Royal
Decree on construction sites. Section VI of the Royal Decree
on construction sites applies to them (provisions that apply to
all sites, such as the minimum safety and health requirements
applying to construction sites and other specific obligations to
be respected by contractors).35

risk
assessment
preventive
and
protective
services
 Framework Directive applies. No observed discrepancies  Does the legislation provide for specific conditions (e.g. size
 Workers and/or their representatives must be have been identified with of the establishments) in relation to workers information?
Information for informed of all the measures to be taken regard to the information of N.
workers concerning their safety and health on the workers.  Is the content or form of information to workers further
Art.11 construction site. specified?
 The information must be comprehensible to N.
the workers concerned.
workers
Health N/A N/A N/A
surveillance
 Framework Directive applies. There are no observed The coordinator has the obligation to coordinate the work at
 The consultation of workers must be discrepancies regarding the site and organise the exchange of information between
Consultation
coordinated, whenever necessary, between the consultation of workers. all workers at the site and the site director. Moreover, a formal
of workers
workers and/or workers' representatives coordination structure is required to be set up for the work on
Art. 12
carrying out their activities at the workplace, sites which takes more than 5000 days or for works exceeding
having regard to the degree of risk and the 2.500.000 euro. (OSH Law and Temporary Construction Sites
35

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size of the work site. RD)

No observed discrepancies The Temporary construction sites RD sets out detailed
have been identified in requirements in relation to the function of the project
relation to the other key coordinator required by Articles 3 to 6 of the Directive. The RD,
requirements of the among others, sets out detailed minimum requirements for the
Other issues Directive. function of project coordinator, for the contractual
identified arrangements between the project coordinator and the
project supervisor as well as additional detail for the
mandatory tasks associated with this function. For example,
the RD contains specific requirements for the coordination
logbook that a project coordinator is required to keep.36
* The Council Decision 74/326/EEC, to which the Directive refers for a definition of "drilling and extracting industries" has been repealed by the Council Decision setting up an Advisory
Committee on Safety and Health at Work.
Table 1- 19 Council Directive 92/104/EEC (surface and underground mineral-extracting industries) - Observed discrepancies, more stringent and more detailed requirements
The Directive applies to surface and No observed discrepancies The definition of ´workplace´ in the transposing legislation is
Scope and
underground mineral-extracting industries have been identified with more precise as it covers the whole area intended to house
definitions
(excluding extraction by drilling which is subject regard to the scope and workstations, activities and installations, relating… (further
Art. 1 and 2
to a separate directive). definitions. literal transposition.)
The employer shall ensure that a document No observed discrepancies  Does the national legislation require employers to submit
concerning safety and health and covering the have been identified with risk assessment to national authorities whether on request
relevant requirements on risk assessment of the regard to the risk or automatically?
Conducting a Framework Directive is drawn up and kept up to assessment. N. The requirements of Directive 92/104/EEC are transposed in
risk date. The safety and health document shall a literal manner. (Mineral extraction RD)
assessment demonstrate in particular that the risks to which  Are the risks to be taken into account in the assessment
Art. 3.2 workers at the workplace are exposed have described in a more specific manner than in the
been determined and assessed. Directive?
N.
36
For many more examples, please see National Implementation Report 2013, Part A, Section II, (EN) p. 44-48.

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N.
N.
N.
 Does the national legislation include more specific
information on the content of the ‘health and safety
document’ as provided for by the Directive for the part
related to the risk assessment?
N.
internal
and/or
external
preventive
and
protective
services
 Framework Directive applies No observed discrepancies  Does the legislation provide for specific conditions (e.g. size
 Workers and/or their representatives shall be have been identified with of the establishments) in relation to workers information?
informed of all measures to be taken regard to the information of N.
concerning safety and health at workplaces, workers.  Is the content or form of information to workers further
and in particular of those relating to the specified?
Information for
implementation of Articles 3 (general N.
workers
obligations), 4 (protection from fire, explosions
Art. 7
and health-endangering atmospheres), 5
(Escape and rescue facilities) and 6
(communication, warning and alarm systems).
 The information must be comprehensible to
Training of  Workers must be given the necessary No observed discrepancies  Is more specific information on the scope of training
workers information, instructions, training and re- have been identified with provided in the legislation?
Art. 10 training to ensure their health and safety. regard to the training of N.

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(Annex)  The employer must ensure that workers workers.  Are there specific requirements as to the competence of
receive comprehensible instructions so as not trainers provided in the legislation?
to endanger their safety and health or those N.
of other workers.
 To ensure that workers receive health The provision on health  Does the transposing legislation require health surveillance
surveillance appropriate to the health and surveillance has not been if workers experience health problems that can be
safety risks they incur at work, measures shall transposed in the Mineral attributed to the performance of the activities covered by
be introduced in accordance with national Extraction RD. As this the Directive?
law and/or practices. provision refers to the N.
 The measures shall be such that each worker application of existing  Are the arrangements for health surveillance records
Health shall be entitled to, or shall undergo, health national legislation, this specified in the legislation?
surveillance surveillance before being assigned to duties does not create a N. The general requirements of the RD on health surveillance
Art. 8 related to the activities covered by the observed discrepancy with apply.
Directive and subsequently at regular the Directive.  Are the conditions in which health surveillance is required
intervals. more specifically described in the legislation?
 Health surveillance may be provided as part N.
of a national health system.  Is the periodicity of health surveillance provided in
national law?
N.
of workers have been identified. Framework Directive?
Art. 9 N.
Other key requirements are not transposed in more detail than
Other issues
provided in the Directive as transposition is literal. (Mineral
identified
extraction RD)
Table 1- 20 Council Directive 92/91/EEC (mineral-extracting industries through drilling) - Observed discrepancies, more stringent and more detailed requirements
 The Directive applies to the safety and health No observed discrepancies The definition of ´workplace´ in the transposing legislation is
Scope and protection of workers in mineral extracting have been identified with more precise as it covers the whole area intended to house
definitions industries; i.e. industries practising extraction of regard to the scope and workstations, activities and installations, relating… (further
Art. 1 and 2 minerals through drilling by boreholes, definitions. literal transposition.)
prospection with a view to such extraction
and/or preparation of extracted materials for

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sale, excluding activities of processing the

materials extracted.
 A ‘safety and health document’, covering the No observed discrepancies  Does the national legislation require employers to submit
relevant requirements of the Framework have been identified with risk assessment to national authorities whether on request
Directive is drawn up and kept up to date. It regard to the risk or automatically?
shall demonstrate in particular that the risks assessment. N.
incurred by the workers at the work place  Are the risks to be taken into account in the assessment
have been determined and assessed. described in a more specific manner than in the Directive?
N. The requirements of Directive 92/91/EEC are transposed in a
literal manner. (Drilling RD)
Conducting a
N.
risk
assessment
in the legislation?
Art.3(2)
N.
N.
 Does the national legislation include more specific
information on the content of the ‘health and safety
document’ as provided for by the Directive for the part
related to the risk assessment?
N.
preventive
and
protective
services
 Framework Directive applies No observed discrepancies  Does the legislation provide for specific conditions (e.g. size
 Workers and/or their representatives shall be have been identified with of the establishments) in relation to workers information?
Information for informed of all measures to be taken regard to the information of N.
workers concerning safety and health at workplaces, workers.  Is the content or form of information to workers further
Art. 7 and in particular those relating to the specified?
implementation of Articles 3 (general N.
obligations), 4 (protection from fire, explosions

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and health-endangering atmospheres), 5

(Escape and rescue facilities) and 6
(communication, warning and alarm systems).
 The information must be comprehensible to
 Workers must be given the necessary No observed discrepancies  Is more specific information on the scope of training
information, instructions, training and have been identified with provided in the legislation?
Training of
retraining to ensure their health and safety. regard to the training of N.
workers
 The employer must ensure that workers workers.  Are there specific requirements as to the competence of
Art. 10 (Annex
receive comprehensible instructions so as not trainers provided in the legislation?
Part A 2.5))
to endanger their safety and health or those N.
of other workers.
 To ensure that workers receive health The provision on health  Does the transposing legislation require health surveillance
surveillance appropriate to the health and surveillance has not been if workers experience health problems that can be
safety risks they incur at work, measures shall transposed in the Mineral attributed to the performance of the activities covered by
be introduced in accordance with national Extraction RD. As this the Directive?
law and/or practices. provision refers to the
 The measures shall be such that each worker application of existing  Are the arrangements for health surveillance records
Health shall be entitled to, or shall undergo, health national legislation, this specified in the legislation?
surveillance surveillance before being assigned to duties does not create a N. The general requirements of the RD on health surveillance
Art. 8 related to the activities covered by the observed discrepancy with apply.
Directive and subsequently at regular the Directive.  Are the conditions in which health surveillance is required
intervals. more specifically described in the legislation?
 Health surveillance may be provided as part N.
of a national health system  Is the periodicity of health surveillance provided in national
law?
N.
Art. 9 N.
Other issues Other key requirements are not transposed in more detail than
identified provided in the Directive as transposition is literal. (Drilling RD)

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Table 1- 21 Council Directive 92/29/EEC (medical treatment on board vessels) - Observed discrepancies, more stringent and more detailed requirements
 The Directive applies to workers on board a There are no observed  The transposing legislation does not exclude war ships from
vessel, i.e. any vessel flying the flag of a MS or discrepancies with regard the scope of the legislation. This makes the scope of the
registered under the plenary jurisdiction of a to the scope of the legislation broader than required by the Directive.
MS, seagoing or estuary-fishing, publicly or legislation.
privately owned, excluding inland navigation  Does the national legislation require a sick bay for vessels
vessels, warships, pleasure boats used for non- The definition of ship does board under conditions that go beyond the conditions set
commercial purposes and not manned by not explicitly cover publicly by the directive?
Scope and professional crews and tugs operating in and privately owned ships, N.
definitions harbour areas. but the absence of  Does the national legislation require having a doctor
Art. 1 and 2(a)  It applies to workers, excluding port pilots and specification implicitly responsible for medical care on board under conditions
and(b), Art shore personnel carrying out work on board a covers both. that go beyond the conditions set by the directive?
2(3) and (4) vessel at the quayside. Y. In line with the Directive´s requirement a doctor shall be on
 Vessels of more than 500 gross registered board for vessels with a crew of 100 or more workers on an
tonnes with a crew of 15 or more workers and international voyage of more than three days. In addition, the
engaged in voyage of more than three days Belgian legislator requires the doctor to be accompanied by a
are required to have a sick bay. nurse for a vessel with 300 or more people on board.
 Vessels with a crew of 100 or more workers
and engaged in international voyage of more
than 3 days are required to have a doctor
responsible for medical care on board.
risk
assessment
preventive
and
protective
services
Information for N/A N/A N/A
workers
workers
Health N/A N/A N/A
surveillance

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of workers
According to NIR 2013, “Belgium does not just apply Directive
92/29/EEC but also the requirements of international
conventions and codes. The 2006 Maritime Labour
Convention will come into force on 20 August 2013. One of its
main principles is that all seafarers are entitled to health
protection and medical care. Under the MLC, all vessels must
make provision for rapid access to all the medicines needed
for medical care on board the vessel, must have an on-board
pharmacy and must make information available as to when
hospital services are required. Reference may be made to
Directive 2009/13/EC of 16 February 2009 implementing the
Other issues Agreement concluded by the European Community
identified Shipowners’ Associations (ECSA) and the European Transport
Workers’ Federation (ETF) on the Maritime Labour Convention,
2006, and amending Directive 1999/63/EC.
In 2010, a conference of the States party to the STCW
Convention in Manila made a number of significant
amendments to the STCW Convention (‘the Manila
Amendments’) which also list physical ability requirements and
mandatory minimum requirements in relation to emergency
medical care and medical care. The ‘Manila Amendments’
entered into EU law in Directive 2008/106/EC of the European
Parliament and of the Council of 19 November 2008 on the
minimum level of training of seafarers.”37
Table 1- 22 Council Directive 93/103/EC (work on board fishing vessels) - Observed discrepancies, more stringent and more detailed requirements
37

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 The Directive applies to any new or existing There are no observed  Does the national legislation apply the requirement of the
Scope and fishing vessels with a length between discrepancies with regard Directive to other fishing vessels than the ones covered by
definitions perpendiculars of 15 meters or over (which on to the scope and the Directive?
Art. 1 and 2(b) or after 23 November 1995 furthermore definitions of the legislation. N.
and(c) satisfied the conditions specified therein) or
with a length of 18 metres or over respectively.
risk
assessment
preventive
and
protective
services
 The framework Directive applies. No observed discrepancies  Does the national legislation set additional information
 The information must be comprehensible to have been identified with requirements?
the workers concerned. regard to the information of
N.
workers.  Does the legislation provide for specific conditions (e.g.
size of the establishments) in relation to workers
information?
N.
Information for  Is the content or form of information to workers further
workers specified?
Art.8 Y. The Shipping Vessels RD specifies that the captain of a ship
shall prepare written instructions and guidelines for newly
appointed workers and are provided with sufficient time to
become acquainted with them. The guidelines and
procedures cover the equipment on board as well as
emergency and safety procedures. The information shall be
provided in a language understandable to the worker and a
co-worker shall be appointed to provide the necessary
essential information. (Shipping Vessels RD)
Art.9 No observed discrepancies  Is more specific information on the scope of training
Training of
 Workers shall be given suitable training, in have been identified with provided in the legislation (general training for person likely
workers
particular in the form of precise, regard to the training of to command a vessel?
Art.9 Art.10
comprehensible instructions, on safety and workers. Y. The captain of the vessel is required to ensure that every
health on board vessels and on accident member of the crew is familiar with the tasks it shall carry out in

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prevention case of emergency and trained in the use of all equipment it

 The training shall cover in particular will be required to use. The captain is obliged to provide the
firefighting, the use of life-saving and survival necessary training to this end and to ensure the tasks are
equipment and, for the workers concerned, exercised. Moreover, the shipping companies are required to
the use of fishing gear and hauling equipment train the workers after their appointment on one of its ships
and the use of various types of signs including with the specific tasks, rules, installations, equipment,
hand signals procedures and characteristics of the ship related to their
 Such training shall be subject to the necessary tasks. (Shipping Vessels RD)
updating where this is required by changes in  Are there specific requirements as to the competence of
the activities on board trainers provided in the legislation?
Art.10 Y. The trainers shall, for emergency situations, be the captain.
 Any person likely to command a vessel shall For the other training requirements, no more detailed
be given detailed training on: provisions are set out in the RD.
- the prevention of occupational illness and
accidents on board and the steps to be taken
in event of accident;
- stability and maintenance of the vessel under
all foreseeable conditions of loading and
during fishing operations;
- radio navigation and communication,
including procedures.
Health N/A N/A N/A
surveillance
Consultation  The Framework Directive applies No observed discrepancies  Are there more detailed requirements than in the
Art.11 N.
The Fishing Vessels RD sets out more detailed requirements in
relation to the regular checks of vessels required by Article
3(2) of the Directive. In addition to the investigation and
inspections on board seagoing vessels, a yearly check is
Other issues carried out by the inspectors with a view to verify whether the
identified vessels meet the requirements of the Fishing Vessels RD.
In addition, and according to NIR 2013, “employers must
adapt their policy on well-being to take account of practical
experience and advances in operating methods and working
conditions. They are responsible for the long-term planning of

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prevention, through a dynamic system of risk monitoring

focusing on well-being. This notion includes safety at work,
work-related psychosocial stress, ergonomics, occupational
hygiene, improvement of workplaces and commitments to
the environment.
A characteristic feature of the dynamic risk monitoring system
is the planning of prevention and the application of policy on
workers’ well-being in order to manage risks through detection
and assessment and by taking specific prevention measures.
The dynamic aspect means that this is an ongoing process
that enables progressive and continuous adaptation to
changing circumstances. Employers must therefore carry out
a risk assessment as part of their commitment, on the basis of
which they may take prevention measures.”38
Table 1- 23 Council Directive 92/85/EEC (pregnant/breastfeeding workers) - Observed discrepancies, more stringent and more detailed requirements
The Directive applies to pregnant workers and No observed discrepancies  Any additional or more detailed requirements
workers who have recently given birth or who have been identified with N.
are breastfeeding. regard to the scope and
 pregnant worker shall mean a pregnant definitions.
worker who informs her employer of her
Scope and condition, in accordance with national
definitions legislation and/or national practice;
Art. 1 and 2  worker who has recently given birth shall
mean a worker who has recently given birth
within the meaning of national legislation and/
or national practice and who informs her
employer of her condition, in accordance
with that legislation and/or practice;
 worker who is breastfeeding shall mean a
38
National Implementation Report 2013, Part A, Section II, (EN) p.55-56.

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worker who is breastfeeding within the

meaning of national legislation and/or
national practice and who informs her
employer of her condition, in accordance
with that legislation and/or practice.
For all activities liable to involve a specific risk of No observed discrepancies  Are the risks to be taken into account in the assessment
exposure to the agents, processes or working have been identified with described in a more specific manner than in the Directive?
conditions of which a non-exhaustive list is given regard to the risk N. The risks and factors to be considered listed in Annex I are
in Annex I, the employer shall assess the nature, assessment. transposed without providing more detail (Maternity RD)
degree and duration of exposure, in the  Is the content of the risk assessment more detailed than
Conducting a undertaking and/or establishment concerned in described in the Directive?
risk order to: N.
assessment - assess any risks to the safety or health and any  Is a more specific methodology for risk assessment provided
Art. 4 possible effect on the pregnancy or in the legislation?
breastfeeding of workers N.
- decide what measures should be taken  Are the sources of information and persons in charge of the
N.
preventive
and
protective
services
Pregnant workers, workers who have recently No observed discrepancies  Does the legislation provide for specific conditions (e.g. size
Information for given birth, workers who are breastfeeding in have been identified with of the establishments) in relation to workers information?
workers the undertaking and/or establishment regard to the information of N.
Art.4(2) concerned shall be informed of the results of workers.  Is the content or form of information to workers further
the assessment and of all measures to be taken specified?

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concerning health and safety at work. N.

workers
Health N/A N/A N/A

surveillance
of workers
Art. 6
There is specific protection for pregnant women. From the
time at which the woman’s pregnancy is notified, various
protective mechanisms come into force: right to attend
Other issues
medical check-ups which are not possible outside working
identified
hours, restrictions on work at night, temporary changes to
working conditions, possible changes to workstations, or even
suspension of the contract of employment.39
Table 1- 24 Council Directive 91/383/EEC (temporary workers) - Observed discrepancies, more stringent and more detailed requirements
 This Directive shall apply to: No observed discrepancies  Any additional or more detailed requirements
o employment relationships governed by a have been identified with Y. The Law on temporary work provides in more detail which
Scope and fixed-duration contract of employment regard to the scope and conditions could lead to a temporary position.
definitions concluded directly between the definitions.
Art 3(1) read employer and the worker, where the end
of the contract is established by objective
in conjunction
conditions such as: reaching a specific
with Art 2
date, completing a specific task or the
occurrence of a specific event;
o temporary employment relationships
39

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between a temporary employment

business which is the employer and the
worker, where the latter is assigned to
work for and under the control of an
undertaking and/or establishment making
use of his services.
risk
assessment
Ensuring  Protective and prevention services are to be No observed discrepancies  Does the legislation define in more specific terms
preventive informed about the assignment of workers have been identified with information to be provided to such services?
and with temporary or fixed-duration contracts regard to the preventive Y. The Temporary Workers RD requires the employer / user of
protective and protective services. temporary workers to prepare a work station note in
services collaboration with the prevention adviser from the ISSP and
the prevention adviser in charge of health surveillance.
Art. 6
 In addition to the general requirements with No observed discrepancies  Does the legislation provide for specific conditions (e.g. size
regard to workers’ information, temporary have been identified with of the establishments) in relation to workers information?
workers shall be informed of special regard to the information of N.
occupational qualifications or skills or special
workers.  Is the content or form of information to workers further
medical surveillance and about increased
specified?
risks that the job may entail.
Information for Y. The work station note to be prepared by the user of the
workers Art.3 temporary worker shall contain information, specified in detail
in the RD, such as a precise description of the properties of the
(and 7)
work station or function, maternity protection requirements,
health surveillance requirements, etc. Moreover, the employer
/user of the temporary worker is required to provide the
temporary worker with all relevant information and, in
particular, information on the risks associated with the
function, the obligations of hierarchy, assignments of the ISSP,
access to social facilities, first-aid, etc. (Temporary Workers RD)
 In addition to the general requirements No observed discrepancies  Is more specific information on the scope of training
Training of
regarding training, each temporary worker have been identified with provided in the legislation?
workers Art.4
must receive sufficient training appropriate to regard to the training of N.

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the particular characteristics of the job, workers. According to NIR 2013, “For all workers starting work in an
account being taken of his qualifications and enterprise (and therefore including workers employed on
experience. fixed-term contracts), Article 16a of the Royal Decree of 28
March 1998 on policy on workers’ well-being at work makes it
mandatory for employers to provide induction training
focusing specifically on workers’ well-being. Employers, or the
staff members that they designate, must provide new workers
with information on the general risks to which they may be
exposed in the enterprise and any necessary information on
the measures to be taken in the event of a serious and
immediate threat, including first aid, fire-fighting and
evacuation of workers. Employers, or the staff members that
they designate, must also inform workers of the risks and
preventive measures to be taken that are specific to the
workstation(s) at which workers will be employed. The person
giving this induction training must also personally sign a
document confirming that this ‘well-being induction’ has
actually been given in due and proper form.
Employers, or a staff member that they have designated, are
responsible for the temporary worker’s induction. During this
induction, the temporary worker has to be given pertinent
information on the risks connected with the workstation.
Specific safety instructions must also be given if they are
necessary to prevent the risks connected with the workstation
and/or the workplace. The person who has given the
induction training must confirm that the training has actually
been given and record it in a document. The training may be
recorded by filling out a box provided for this specific purpose
in the workstation information sheet. The workstation
information sheet is the best place for recording the induction
of a temporary worker. This sheet in practice contains a
valuable description of the characteristics of the workstation
or the task. It also indicates whether health surveillance
(health screening and possibly vaccinations) are mandatory
as well as the risks entailed in and the prevention measures to
be taken in connection with the task to be performed. This

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sheet also indicates whether specific training is required.

Article 11, first paragraph, of the Royal Decree of 15
December 2010 also expressly states that clients must ensure
that work takes place in the best possible conditions, so that
temporary workers receive the same level of protection as
other workers in the enterprise.”40
 Workers who are used for particularly No observed discrepancies  Does the transposing legislation require medical
dangerous work which requires special have been identified with surveillance for all types of temporary workers?
medical surveillance must be provided with regard to the health N.
appropriate special medical surveillance.
surveillance.
 Are the arrangements for health surveillance records
specified in the legislation?
N. The general requirements for health surveillance apply
though the responsibilities for carrying out the health check
are regulated in more detail in the Temporary Workers RD.
 Are the conditions in which health surveillance is required
more specifically described in the legislation?
Health N.
surveillance  Is the periodicity of health surveillance provided in national
Art.5(2) law?
N. There are no specific provisions on health surveillance after
the end of the temporary worker’s employment. The nature of
the risk determines whether health surveillance needs to be
continued once exposure has come to an end (and is legally
required, for instance, if workers have been exposed to
ionising radiation – see Article 9(1) of the Royal Decree of 25
April 1997 on the protection of workers against the risks
resulting from ionising radiation).
According to NIR 2013, “Like other ‘conventional’ workers,

temporary workers are subject to health surveillance if their
40

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work entails risks (i.e. safety work requiring increased vigilance,

activities entailing a specific risk or activities in connection with
foodstuffs, as regulated by the Royal Decree of 29 May 2003
on workers’ health surveillance). Temporary work agencies are
responsible for the health surveillance of temporary workers
and undertake a health screening, taking account of the risks
to which the temporary worker will be exposed when working
for a client, before the temporary worker starts work with that
client. In order to able to evaluate such risks correctly, the
client must draw up a workstation information sheet and
forward it to the temporary work agency. The workstation
information sheet drawn up by the client must mention,
among others, the risks to which the temporary worker may be
exposed and the prevention measures that are to be taken.
The temporary worker also receives a copy of this information
sheet. Each time that the temporary worker is employed by a
client, the temporary work agency has to check whether
there are (new) risks for which a health screening is required
and/or whether vaccinations are necessary.
If the risks are the same as for previous employment, the
temporary work agency checks whether the period of fitness
for work has expired. If so, a new health screening is carried
out or vaccinations are given again. In this way, the
temporary work agency is able, as the central player, to have
an overview of the risks to which temporary workers are
exposed.
In the case of workers with fixed-duration contracts of
employment who must be subject to health surveillance
because they are exposed to risks when working for their
employer, the prevention adviser/occupational physician
draws up a health record – as is the case for the enterprise’s
other workers. If the worker is employed thereafter by another
employer, the new employer’s prevention
adviser/occupational physician may ask for objective
medical data and exposure data from the health record held
by the former employer (Article 88(2) of the Royal Decree of

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28 May 2003 on workers’ health surveillance). This also

provides an overview of the risks to which the worker has
already been exposed.”41
N/A N/A The RD requires the opinion of the OSH Committee to be
Consultation obtained on the work station note before providing this
of workers document to the temporary workers agency in charge of
recruiting the temporary workers (Temporary Workers RD)
The requirement to ensure the responsibility of the user
undertaking is effectively reflected in the RD. The RD provides
in more detail which responsibilities are especially covered,
such as the requirement to check the special professional
qualifications of the temporary worker or the requirement to
carry out a prior health check for a specific function.
In addition, “Section IV of the Royal Decree of 15 December
2010 provides for the creation of a central database to be
managed by the central prevention service for the temporary
Other issues work sector. As a rule, temporary workers work for clients only
for short periods, after which they are employed by other
identified
clients. Setting up a central database is therefore a crucial
way of following up health surveillance, avoiding unnecessary
health screenings and facilitating exchanges of data
between various clients’ prevention services.”42
Also, “a temporary work agency may not, for instance, supply
temporary workers to clients who are known or suspected not
to be applying the regulations on well-being (Chapter IV,
Section 2, of the Law on well-being of 4 August 1996).
Temporary work agencies are also subject to a number of
obligations in relation to the health and safety of workers (for
instance health surveillance), although all the obligations in
41
42

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respect of well-being connected with the workplace (for

instance PPE, work clothing, etc.) lie with clients who are in
practice best informed about the protective measures being
applied in their enterprises; at the same time, this makes it
possible to ensure that all workers at the same workplace are
protected in the same way, irrespective of their status as
employees or temporary workers (see: Law on temporary work
of 24 July 1987).”43
Table 1- 25 Council Directive 94/33/EC (young people at work) - Observed discrepancies, more stringent and more detailed requirements
Main provisions Observed discrepancies More detailed or broader requirements

CPM
 The Directive applies to any person under 18 No observed discrepancies  Does the transposing legislation cover occasional or short-
years of age (defined as a ‘young person’) have been identified with term work in domestic service in a private household or
having an employment contract or an regard to the scope and work not considered to be harmful, damaging or
Scope and
employment relationship. definitions. dangerous to young people in a family undertaking?
definitions
Y. The legislation also applies to short-term work in domestic
Art. 2(1) in
 It provides for the optional exclusion of service or work not considered to be harmful, damaging
conjunction
occasional or short-term work in domestic or dangerous in a family undertaking.
with Art. 3
service in a private household or of work not
Art. 2(2)
considered to be harmful, damaging or
dangerous to young people in a family
undertaking.
 The employer shall implement the measures No observed discrepancies  Does the transposing legislation provide for a risk
Conducting a
necessary to protect the safety and health of have been identified with assessment to be conducted on a regular basis (i.e. every
risk
young people on the basis of an assessment regard to the risk year) independently of any major changed in working
assessment
of the hazards to young people in connection assessment. conditions?
Art. 6(2)
with their work. Y. The risk assessment shall take place before the young person
43
See National Implementation Report 2013, Part A, Section II, (EN) p. 9-10.

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CPM
starts work. It shall be repeated or modified at least once a
The assessment must be made before young year as well as with any important change of the work station.
people begin work and when there is any  Does the national legislation require employers to submit
major change in working conditions and must risk assessment to national authorities whether on request or
pay particular attention to the following automatically?
points: N.
(a) the fitting-out and layout of the workplace  Are the risks to be taken into account in the assessment
and the workstation; described in a more specific manner than in the Directive?
(b) the nature, degree and duration of N.
exposure to physical, biological and chemical  Is the content of the risk assessment more detailed than
agents; described in the Directive?
(c) the form, range and use of work N.
equipment, in particular agents, machines,  Is a more specific methodology for risk assessment provided
apparatus and devices, and the way in which in the legislation?
they are handled; N.
(d) the arrangement of work processes and  Are the sources of information and persons in charge of the
operations and the way in which these are risk assessment described in the legislation in a more
combined (organization of work); specific manner than in the Directive?
(e) the level of training and instruction given N.
to young people.
 Where this assessment shows that there is a risk
to the safety, the physical or mental health or
development of young people, an
appropriate free assessment and monitoring
of their health shall be provided at regular
intervals without prejudice to Directive
89/391/EEC.
 The free health assessment and monitoring
may form part of a national health system.
 The employer shall involve the protective and No observed discrepancies  Does the national legislation set any specific/detailed rules
Ensuring preventive services referred to in Article 7 of have been identified with on the way and extent of the involvement of protective
preventive Directive 89/391/EEC in the planning, regard to the preventive and preventive services in the planning, implementation
and implementation and monitoring of the safety and protective services. and monitoring of the safety and health conditions
protective and health conditions applicable to young applicable to young people?
services people. Y. The ISPP shall provide advice to the employer about the
Art. 6(4) necessary measures needed to introduce and train the young
workers.

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CPM
 The employer shall inform young people of No observed discrepancies  Is the content or form of information to young workers/legal
possible risks and of all measures adopted have been identified with representatives of children further specified?
Information for concerning their safety and health. regard to the information of N.
workers Art. Furthermore, he shall inform the legal workers.
6(3) representatives of children of possible risks and
of all measures adopted concerning children's
safety and health.
 The employer shall implement the measures No observed discrepancies  Does the transposing legislation provide for mandatory
necessary to protect the safety and health of have been identified with training of young workers (according to the Directive, the
young people on the basis of an assessment regard to the training of level of training given must be taken into account in
of the hazards to young people in connection workers. assessing any hazards although there is no explicit
with their work. requirement to provide any such training)?
Y. Prior to the start of their work, the employer shall take the
Training of
The assessment must be made before young necessary measures to introduce and train the young workers
workers Art.6
people begin work and when there is any with a view to ensure their adaptation and integration in the
(2)
major change in working conditions and must working environment and to ensure that they can adequately
pay particular attention to the following perform their work.
points:  Is more specific information on the scope of training
provided in the legislation in relation to young workers?
(e) the level of training and instruction given N.
to young people. *
 The employer shall implement the measures No observed discrepancies  Besides night work and cases where an assessment of the
necessary to protect the safety and health of have been identified with hazards to young people in connection with their work was
young people on the basis of an assessment regard to the health shown that there is a risk to the safety, the physical or
of the hazards to young people in connection surveillance. mental health or development of young people, does the
with their work. transposing legislation provide for a free health assessment
of young workers in other circumstances?
Health The assessment must be made before young Y. To those young workers who have not reached the age of
surveillance people begin work and when there is any 18 years old at the start of their employment.
Art. 6(2) and major change in working conditions and must  Are the arrangements for health surveillance records
9(3) pay particular attention to the following specified in the legislation?
points: Y. The general requirements for the health record set out in the
(a) the fitting-out and layout of the workplace Health Surveillance RD apply.
and the workstation;  Are the conditions in which health surveillance is required
(b) the nature, degree and duration of more specifically described in the legislation?
exposure to physical, biological and chemical Y. The general requirements for health surveillance apply for
agents; young people at work. However, the RD specifies that, for

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CPM
(c) the form, range and use of work young people at work, a prior health check shall
equipment, in particular agents, machines, systematically be carried out for workers under 18 years of
apparatus and devices, and the way in which age or young workers in night employment or working with a
they are handled; specific risk for their health and safety. Moreover, they will be
(d) the arrangement of work processes and subject to periodic health checks. (Young workers RD)
operations and the way in which these are  Is the periodicity of health surveillance provided in national
combined (organization of work); law?
(e) the level of training and instruction given N. The periodic health checks are subject to the general
to young people. requirements of the framework legislation. (Young workers RD)
Where this assessment shows that there is a risk

to the safety, the physical or mental health or
development of young people, an
appropriate free assessment and monitoring
of their health shall be provided at regular
intervals without prejudice to Directive
89/391/EEC.
The free health assessment and monitoring

may form part of a national health system.
 Prior to any assignment to night work and at

regular intervals thereafter, adolescents shall
be entitled to a free assessment of their health
and capacities, unless the work they do
during the period during which work is
prohibited is of an exceptional nature.
of workers
The Young Workers RD sets out more detailed requirements,
for example, in relation to the determination the exceedance
of an exposure limit value. (Article 9 Young Workers RD)
Other issues
The scope of the prohibition in Art. 7 is larger in the BE RD. The
identified
prohibition also applies where it is not possibly to demonstrate
via analysis that the ELVs are met and prohibition of presence
of young people in certain areas of the workplace. (see art. 8

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CPM
RD)
* The level of training given must be taken into account in assessing any hazards although there is no explicit requirement to provide any such training.

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1.3.2 Options
This sub-section considers the options provided by the directives to the Member States to exercise
their legislative powers beyond what is strictly required by the Directives. In this case, Member States
can ultimately set more stringent measures than those required by the Directive. The analysis here
reviews whether these options have been used, contributing to the identification of more stringent
measures.
Belgium has made use of several of the options considered namely:

 In relation to Directive 2000/54/EC on biological agents, Belgium’s list of activities which do not
involve a deliberate intention to work with or use a biological agent but may result in the workers'
being exposed to a biological agent is more descriptive than the one provided by the Directive but
overall follows the same categorization.
 Belgium has also used the option opened by Directive 91/383/EEC on temporary workers to
prohibit workers with a fixed-duration contract of employment or workers with temporary
employment from being used for certain work which would be particularly dangerous for their
safety or health for work related to asbestos removal or fumigations.
Table 1- 26 Options
Directive Y/N Legal references and brief description

Y Biological Agents RD, Annex 6.
Annex 6 of the Biological Agents RD sets
out an indicative list of activities and
workers where exposure to a biological
agent is likely. The list is divided in two
subsections according to the type of
vaccination that is recommended for the
listed activities. The list is more descriptive
Directive 2000/54/EC on biological agents than the one provided by the Directive
- Annex I but overall follows the same
categorization (work in food production
plants; agriculture; activities where there is
contact with animals and/or products of
animal origin; healthcare; clinical,
veterinary and diagnostic laboratories). It
however does not list activities related to
refuse disposal plants; and sewage
purification installations.
Y Temporary workers RD, Art. 17.
Directive 91/383/EEC on temporary workers Art. 17 prohibits the use of temporary
- Art. 5(1) workers for work related to asbestos
removal or fumigations.
N - Not applicable in relation to asbestos
Directive 91/383/EEC on temporary workers
removal and fumigations
- Art. 5(3)
- N in relation to other types of work
Y Temporary workers RD, Art.4.
Art. 4 of the Royal decree requires
occupational qualifications and specific
Directive 91/383/EEC on temporary workers
features of the job to be communicated
- Art. 7(2) second indent
by the user undertaking to the temporary
employment business in a special
document (“fiche de poste de travail”).

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1.4 INTERACTIONS
This section aims at identifying synergies provided in the national legislation for the transposition of
CPMs across Directives.
The risk assessment is an integral part of the dynamic risk management system established by the
OSH RD. It aims at being comprehensive in its approach identifying risks and preventive measures
and shall be regularly updated. Overarching requirements for the risk assessment are included in the
OSH RD. However, some specific additional requirements are set out in the specific RDs, such as
specific risks or parameters to assess. Similarly, for information for workers, training and consultation
of workers, while general obligations can be found in the OSH RD, the individual Directive’s relevant
specific requirements are regulated by the respective specific RDs.
With regard to health surveillance, requirements are primary set by the Health Surveillance RD. It
contains specific requirements, for example, for exposure to chemical agents. Nevertheless, the
specific RDs sometimes contain exceptions to the requirements in the Health Surveillance RD.
With regard to preventive and protective services, it can be noted that the functioning of ISPP and
ESPP is set out in specific RDs, while the general obligations of these services are included in the
OSH RD.
The results of the analysis are presented in table 1-27 below.

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Table 1- 27 Directive 89/391/EEC (Framework Directive) - Interactions between CPMs
Risk assessment Preventive and Information for Training of workers Health Consultation of
protective workers surveillance workers
services
Art. 5-8 OSH RD Art. 33-41 OSH Law Art. 5(1)(j) OSH Art. 5(1)(k) OSH Health Art. 44 OSH Law
Art. 10-12 OSH RD Law Law Surveillance RD (High Council –
ISPP RD (on Art. 17 OSH RD Art. 17 and 21 OSH policy level)
functioning of RD Art. 48-76 OSH Law
Directive 89/391/EEC
ISPP) (OSH Committee)
(Framework Directive)
ESPP RD (on OSH Committee
functioning of RD (on functioning
ESPP) of OSH
Committee)
Council Directive 89/654/EEC / / Art. 4 Workplace / / Art. 4 Workplace
(workplace) RD RD
Art. 3 WE RD (for Art. 7 WE RD Art. 7 WE RD Art. 6 WE RD / /
the choice of work (participation in Art. 17 and 21 OSH
equipment) development of RD
Directive 2009/104/EC (work instructions)
equipment) Art. 8
(participation in
drafting order
note)
Art. 4 PPE RD Art. 13 PPE RD Art. 24 PPE RD Art. 25 PPE RD / Art. 12 and Art.
(cross-reference (participation in (cross-reference 14(4) PPE RD
to OSH RD) drafting order to OSH RD +
Council Directive 89/656/EEC
Art. 8-9 PPE RD note) specific
(PPE)
(additional requirements)
specific
requirements)
Council Directive 92/58/EEC / / Art. 4 OSH Signs RD Art. 3 OSH Signs RD / Art. 6(2) OSH Signs
(OSH signs) RD
Art. 4 ATEX RD Art. 7 ATEX RD / / / /
Directive 1999/92/EC (ATEX) (cross-reference
to OSH RD and

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services
detailed specific
requirements)
Art. 5-6 Manual / Art. 8-9 Manual Art. 10 Manual / /
handling of loads handling of loads handling of loads
(manual handling of loads)
RD RD RD
Art. 4(1) Display / Art. 5(2) Display Art. 5(1) Display Art. 7 Display Art. 4(2) Display
Screen Equipment Screen Equipment Screen Equipment Screen Equipment Screen Equipment
(display screen equipment)
RD RD RD RD RD
Art. 7-12 Vibrations Art. 8-9 Vibrations Art. 17 Vibrations Art. 17 Vibrations Art. 19-25 Art. 18 Vibrations
RD RD RD RD Vibrations RD RD (cross-
Directive 2002/44/EC (vibration)
reference to OSH
Committee RD)
Directive 2003/10/EC (noise) Art. 8-14 Noise RD Art. 10 Noise RD Art. 22 Noise RD Art. 22 Noise RD Art. 24-28 Noise RD Art. 23 Noise RD
Directive 2004/40/EC N/A44 N/A N/A N/A N/A N/A
(electromagnetic fields)
Directive 2006/25/EC (artificial Art. 7-11 AOR RD Art. 15 AOR RD Art. 16 AOR RD Art. 16 AOR RD Art. 18-23 AOR RD Art. 17 AOR RD
optical radiation)
Art. 4 Carcinogens / Art. 6 and 13 Art. 6 and 13 Art. 15 Art. 14
Directive 2004/37/EC
and mutagens RD Carcinogens and Carcinogens and Carcinogens and Carcinogens and
(carcinogens or mutagens)
mutagens RD mutagens RD mutagens RD mutagens RD
Art. 8-12 Chemical Art. 20 and 28 Art. 29-30 Art. 29(3) Art. 39-45 Art. 23, 32, 50 and
Council Directive 98/24/EC
Agents RD Chemical Agents Chemical Agents Chemical Agents Chemical Agents 53 Chemical
(chemical agents at work)
RD RD RD RD Agents RD
Art. 16-17 Asbestos Art. 13, 26, 29, 39 Art. 37 Asbestos Art. 38 Asbestos Art. 33-36 Asbestos Art. 13, 17 and 26
RD and 55 Asbestos RD RD RD Asbestos RD
Directive 2009/148/EC (asbestos)
RD
44
N/A refers to “not applicable because the Directive has not been transposed in national legislation”. The acronym of N/A will be used consistently throughout the remainder of the tables.

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services
Art. 4-10 Biological Art. 6, 13, 34 Art. 29-31 and 32- Art. 29 Biological Art. 35-43 Art. 9 Biological
Directive 2000/54/EC (biological
Agents RD 33 Biological Agents RD Biological Agents Agents RD
agents)
Agents RD RD
/ / Art. 22 OSH Law / / Art. 22 OSH Law
Art. 4 sexies and Art. 4 quinquies,
Art. 4 quinquies, decies and Art. 40
(temporary or mobile
decies Temporary Temporary
construction sites)
Construction Sites Construction Sites
RD RD
Art. 3(2) Mineral / Art. 7 and Annex I, Annex I, 1.5 / Art. 8 Mineral
Extraction RD 1.5 and 1.6 Mineral Extraction Extraction RD
(surface and underground
Mineral Extraction RD
mineral-extracting industries)
RD
Council Directive 92/91/EEC Art. 3(2) Drilling RD / Art. 7 and Annex I, Annex I, 2.5 Drilling / Art. 8 Drilling RD
(mineral-extracting industries 2.5 and 2.6 Drilling RD
through drilling) RD
Council Directive 92/29/EEC / / / / / /
(medical treatment on board
vessels)
/ / Annex III, point 4 Annex III, point 4 / /
Council Directive 93/103/EC
and 6 Fishing Fishing Vessels RD
(work on board fishing vessels)
Vessels RD
Art. 4-5 Maternity / Art. 6 Maternity RD / Art. 9 Maternity RD /
RD (cross-reference
(pregnant/breastfeeding
to Health
workers)
Surveillance RD)
/ Art. 6(1) and 7 Art. 12 Temporary Art. 12(3) Art. 8-9 Temporary Art. 4(3)
Temporary Workers RD Temporary Workers RD Temporary
(temporary workers)
Workers RD Workers RD Workers RD
Council Directive 94/33/EC Art. 3 Young Art. 5 and 11 Art. 7 Young Art. 7 Young Art. 12 Young Art. 11 Young
(young people at work) Workers RD Young Workers RD Workers RD Workers RD Workers RD Workers RD

Brussels
services
The risk assessment The functioning of The OSH RD The OSH RD The Health The OSH RD and
is an integral part ISPP and ESPP is contains a very contains a Surveillance RD is the OSH
of the dynamic risk set out in specific general general training a specific RD Committee RD
management RDs. The general information requirement. The which deals deal with the
system established obligations of requirement. The individual exclusively with all consultation of
by the OSH RD. It these services are individual Directives´ specific the requirements workers in an
aims at being included in the Directives´ specific training relating to health overarching
comprehensive in OSH RD. Special information requirements are surveillance. It manner. They
its approach requirements, requirements are set out in each of contains specific require the
identifying risks such as instances set out in each of the RDs. requirements, for involvement of
and preventive when they shall be the RDs. example, for the OSH
measures and asked for advice exposure to Committee in
shall be regularly by the employer , chemical agents. important
Conclusions on interactions
updated. are included in Nevertheless, the decisions relating
between Directives
Overarching the specific RDs specific RDs to the health and
requirements for for a particular sometimes safety of workers
the risk assessment topic. contain and regulate the
are included in exceptions to the functioning of the
the OSH RD. requirements in Committee.
However, some the Health However, specific
specific additional Surveillance RD. requirements
requirements are For example, in about the
set out in the relation to the involvement of
specific RDs, such duration for the OSH
as specific risks or keeping health Committee have
parameters to records. been reflected in
assess. the specific RDs.

Brussels
2 MAPPING QUESTION 2: GAPS IN CONTENT OR TIME
This section aims at determining whether the Member State has applied or used derogations and
transitional periods when provided for by the Directives. Provisions setting options are covered under
MQ1, in section 1.3.
2.1 TRANSITIONAL PERIODS
Transitional periods: these are periods of time where a derogatory regime applies with extended
deadlines for the implementation of particular provisions of the Directives. It is noteworthy that most
of the transitional periods are not applicable anymore as the dates by which provisions in question had
to be implemented at latest have already passed. However, these periods should be taken into
consideration to explain delays in implementation of certain Directives.
Such transitional periods can be found in eight Directives as listed below. For all these Directives,
Belgium has set transitional periods with the exception of Directive 93/103/EC (work on board fishing
vessels), and Directive 2003/10/EC (noise).
Table 2- 1 Transitional Periods
Directive Transitional Transitional Date of end of

periods applied period application of the
respected transitional period
31 December 1996 (Art.
Directive 90/270/EEC (display screen
Yes Yes 6 § 2 Display Screen
equipment) Equipment RD)
Directive 92/91/EC (mineral-extracting
Yes Yes 3 November 1999
industries through drilling)
Directive 92/104/EC (surface and
Yes Yes 3 December 2003
underground mineral extracting industries)
Directive 93/103/EC (work on board fishing
No - -
vessels)
Directive 1999/92/EC (ATEX) Yes Yes 31 December 1996
6 July 2010
Directive 2002/44/EC (vibration) Yes Yes
6 July 2014
Directive 2003/10/EC (noise) No - -
Yes (for specific
Directive 2009/104/EC (work equipment) Yes 5 December 2002
equipment)
2.2 DEROGATIONS
Derogations are provisions, which explicitly permit Member States to derogate from certain
requirements contained in the Directive. All derogations are accompanied by conditions which need to
be fulfilled before and/or after derogation is permitted. The following table shows which derogations
have been used and whether or not the conditions attached are adequately reflected in the transposing
legislation.
Belgium transposing legislation reflects part of the derogations and, as a rule, the conditions attached
to them. The derogations which have not been used are the possibility to allow for contribution of
Milieu Ltd. Country Summary Report for Belgium / 110

workers towards the costs of some personal protective equipment (Directive 98/656/EEC on personal
protective equipment), the possibility to make certain entitlement to benefits conditional (Directive
92/85/EEC on breastfeeding workers), the derogation from the requirement to receive a prior
authorisation for the employment of children for the purposes of performance of children in cultural
and similar activities, derogations on working time limits, derogations from rest periods in respect of
adolescents for specific categories of work and derogations linked to force majeure (Directive
94/33/EC (young people). The derogation set in Directive 2004/40/EC (electromagnetic fields) is not
relevant as Belgium has not transposed it.

Table 2- 2 Derogations
Directive Article Use of derogation Y/N Explanation Conditions reflected Y/N Explanation
Directive Art.4.6, Member States’ N Belgium has not made use The derogation applies in N Belgium has not made use of
89/656/EEC on second legislation may allow of this derogation. circumstances where use this derogation.
personal indent for contribution of of the equipment is not
protective workers towards the exclusive to the workplace
equipment costs of some
personal protective
equipment.
Directive Art. 3.2 Derogation from the Y The Belgian legislation on The derogation does not Y The Belgian legislation (article 26
92/57/EEC on obligation to draw up temporary or mobile cover work involving (1) of the TWS Order) requires a
temporary or a health and safety construction sites always particular risks as listed in health and safety plan to be
mobile plan requires drawing up a Annex II. always drafted for activities
construction sites health and safety plan. listed in Annex II of the Directive.
The content may vary
depending on the type of
activities, size of
construction sites or
number of employed
workers. These distinctions
in content follow the ones
laid down in the Directive
for which no derogation is
allowed.
Idem The derogation does not Y The Belgian legislation (article 26
cover work for which prior (2) of the TWS Order) requires a
notice is required pursuant health and safety plan to be
to paragraph 3 of this always drafted for activities
Article. described in article 3 (3) of the
directive.
Directive Art. 6.2. Derogation from the Y Art. 6(2) of the OSH RD Alternative measures Y Under art. 6(2) of the OSH RD
92/58/EEC on application of Annex prescribe that the Minister guaranteeing that the the request for derogation must
safety and/or VIII, section 2 in charge of Employment same level of protection is be accompanied with
health signs at may issue derogations to laid down. alternative measures.
work employers and categories Alternative measures must result
of employers. in guaranteeing the same level
The derogation is issued of protection.
with due consideration

given to
recommendations from
the Occupational Safety
Administration or from the
Occupational Hygiene
and Medicine
Administration.
Derogation from the Y Idem Alternative measures Y Idem
application of Annex guaranteeing the same
IX, section 3 level of protection laid
down
Directive Art.11.4 Member States may N Belgium has not made use The worker concerned N Belgium has not made use of
92/85/EEC on make entitlement to of this derogation. shall fulfil the conditions of this derogation.
breastfeeding benefits conditional eligibility for such benefits
workers laid down under national
legislation.
These conditions may N Belgium has not made use of
under no circumstances this derogation.
provide for periods of
previous employment in
excess of 12 months
immediately prior to the
presumed date of
confinement.
Directive Art.5.3 Derogation from the N Belgium has not made use In the case of children of N Belgium has not made use of
94/33/EC on the requirement to of this derogation. at least 13 years of age, this derogation.
protection of receive a prior Member States may
young people at authorisation for the authorize, by legislative or
work employment of regulatory provision, in
children for the accordance with
purposes of conditions which they shall
performance of determine, the
children in cultural employment of children
and similar activities for the purposes of
performance in cultural,
artistic, sports or
advertising activities.
Art. 7.3. Derogation from the Y Art. 11 of the Young Derogations indispensable Y Art. 11 of the Young workers RD

prohibition of workers RD lays down for their vocational lays down derogation from the
employment of derogation from the training prohibition of employment of
young people for prohibition of employment young people listed in Art. 8 of
works listed in Article of young people listed in the Young workers RD.
7.2 in the case of Art. 8 of the Young workers Protection of their safety Y Art. 11 of the Young workers RD
adolescents RD. and health is ensured by lays down derogation from the
the fact that the work is prohibition of employment of
performed under the young people listed in Art. 8 of
supervision of a the Young workers RD.
competent person within
the meaning of Article 7 of
Directive 89/391/EEC
Protection afforded by Y Art. 11 of the Young workers RD
Framework Directive is lays down derogation from the
guaranteed prohibition of employment of
young people listed in Art. 8 of
the Young workers RD.
Art. 8.5 Derogations from N Belgium has not made use Derogation is justified by N Belgium has not made use of
limits on the working of this derogation. way of exception this derogation.
hours of children Or Derogation is used N Belgium has not made use of
specified in Article because objective this derogation.
8.1.(a). grounds are provided
Member States shall, by N Belgium has not made use of
legislative or regulatory this derogation.
provision, determine the
conditions, limits and
procedure for
implementing such
derogations.
Art.9.2 Article 9 (2) a Y Art. 34bis, 3rd indent, of the Work by adolescents in Y Sectoral instruments (audio-
Member States may, Work Law specifies that specific areas of activity visual, employees, hotel and
by legislative or derogations to the catering services, film business,
regulatory provision, general prohibition of metallurgy, show business) are
authorize work by night work for Young adopted.
adolescents in workers may be Supervision of the N The instruments do not require
specific areas of established through adolescent by an adult appropriate supervision to be
activity during the sectorial specific RD. where such supervision is insured. To the most it is
period in which night necessary for the requested (audio-visual,

work is prohibited as adolescent's protection. employees, hotel and catering
referred to in services, from employers to
paragraph 1 (b). make sure that the young
worker has appropriate mean of
transportation at his disposal to
return from work.
Work shall continue to be Y The sectoral instruments prohibit
prohibited between work of young workers after
midnight and 4 a.m. 12pm.
Article 9 (2) b Y Specific sectorial RD were Objective grounds for so N With regards to work in the
second indent adopted in the audio- doing transport or fishing industry,
Derogation from visual, inland waterways derogations to prohibition of
prohibition of night transport, employees, night work are allowed
work for adolescents hotel and catering depending on the year of study
for: services, film industry, and study specialization of the
— work performed in merchant navy, young workers. It does not
the shipping or metallurgy, show business, come out of the legislation that
fisheries sectors; textile and transport the conditions for derogations
— work performed in sectors. regarding objective grounds
the context of the and suitable compensatory
armed forces or the hours are satisfied.
police; and provided that N See above
— work performed in adolescents are allowed
hospitals or similar suitable compensatory
establishments; rest time
— cultural, artistic, and that the objectives N See above
sports or advertising set out in Article 1 are not
activities. called into question:
Art.10.3 Derogation from the Y Art. 38ter (2) (2) of the
minimum rest Labour law specifies that
periods for derogations to rest periods
interruption in the are possible in cases of
case of activities split work.
involving periods of
work that are split up
over the day or are
of short duration.
Art. 10.4 Derogations from N Belgium has not made use Objective grounds are N Belgium has not made use of

rest periods in of this derogation. provided and provided this derogation.
respect of that they are granted
adolescents for appropriate
(a) work performed compensatory rest time
in the shipping or and that the objectives
fisheries sectors; set out in Article 1 are not
(b) work performed called into question
in the context of the
armed forces or the
police;
(c) work performed
in hospitals or similar
establishments;
(d) work performed
in agriculture;
(e) work performed
in the tourism
industry or in the
hotel, restaurant
and café sector;
(f) activities involving
periods of work split
up over the day.
Art. 13 Member States may, N Belgium has not made use Work is of a temporary N Belgium has not made use of
by legislative or of this derogation. nature and must be this derogation.
regulatory provision, performed immediately
authorize derogations Adult workers are not N Belgium has not made use of
from Article 8 (2), available this derogation.
Article 9 (1) (b), Adolescents are allowed N Belgium has not made use of
Article 10 (1) (b) and, equivalent compensatory this derogation.
in the case of rest time within the
adolescents, Article following three weeks.
12, for work under
force majeure
Directive Art. 9.2 Derogations from Y Art. 32 of the Chemicals Exposure of workers to Y Art. 32 of the Chemicals RD
98/24/EC on and 9.3 prohibition of the use RD effectively transposes chemical agents must be effectively transposes the
chemical agents of certain chemical the derogations and prevented, via single derogations and conditions laid
at work agents and activities conditions laid down in closed systems, from down in art. 9.2 and 9.3 of the

involving chemical art. 9.2 and 9.3 of the which the chemical Directive.
agents in the Directive. agents may be removed
following only to the extent
circumstances: necessary to monitor the
- for the sole purpose process or service the
of scientific research system.
and testing, including Member States may Y See above
analysis, provide for systems of
- for activities individual authorisations.
intended to eliminate The competent authority Y See above
chemical agents that shall request the employer
are present in the to submit the information
form of by-products listed in Article 9.3.
or waste products,
- for the production
of the chemical
agents referred to in
paragraph 1 for use
as intermediates, and
for such use.
Directive Art. 10.1 Derogation from the Y Art. 27 and 30-33 of the In duly justified Y Art. 29 of the Vibrations RD
2002/44/EC on obligation to comply Vibrations RD effectively circumstances with specifies the procedure and
vibration with exposure limit transposes derogation respect to whole-body competent authority for issuing
values in the case of and conditions laid down vibration where, given the such derogation (Minister
sea and air transport, in Art. 10.1 of the Directive. state of the art and the competent on the topic of well-
specific characteristics of being at work).
workplaces, it is not
possible to comply with
the exposure limit value
despite the technical
and/or organisation
measures taken.
The derogation must be Y Art. 31 of the Vibrations RD
accompanied by outlines the conditions that must
conditions which be met regarding special
guarantee that the circumstances and
resulting risks are reduced guaranteeing conditions on the
to a minimum and that minimization of risks.

the workers concerned
are subject to increased Art. 32 of the Vibrations RD
health surveillance, and prescribes that such
must be reviewed every derogations are only valid for a
four years and withdrawn period of 4 years.
as soon as the justifying
circumstances no longer
obtain. (Art.10.3)
Art. 10.2 Derogation from the Y Art. 28 and 30-33 of the The exposure value Y Art. 28 of the Vibrations RD
obligation to comply Vibrations RD effectively averaged over 40 hours literally reflects the conditions
with exposure limit transposes derogation must be less than the laid down in Art. 10 (2) of the
values in a case and conditions laid down exposure limit value and Directive.
where the exposure in Art. 10.1 of the Directive. There must be evidence Y Art. 29 of the Vibrations RD
of a worker to to show that the risks from specifies the procedure and
mechanical vibration the pattern of exposure to competent authority for issuing
is usually below the the work are lower than such derogation (Minister
exposure action those from exposure at competent on the topic of well-
values but varies the exposure limit value being at work).
markedly from time
to time and may The derogation must be Y Art. 31 of the Vibrations RD
occasionally exceed accompanied by outlines the conditions that must
the exposure limit conditions which be met regarding special
value guarantee that the circumstances and
resulting risks are reduced guaranteeing conditions on the
to a minimum and that minimization of risks.
the workers concerned
are subject to increased Art. 32 of the Vibrations RD
health surveillance, and prescribes that such
must be reviewed every derogations are only valid for a
four years and withdrawn period of 4 years.
as soon as the justifying
circumstances no longer
obtain. (Art.10.3)
Directive Art.11.1 Derogations from the Y Art. 29 of the Noise RD Guarantee, taking into Y Art. 33 of the Noise RD
2003/10/EC on and provisions of Articles 6 exactly reflects the account the special accurately reflects the
noise 11.2 (1)(a) and (b) and derogation and conditions circumstances, that the conditions laid down in Art. 11. 2
7.in exceptional laid down in Art. 11.1 of resulting risks are reduced of the Directive regarding risk
situations where, the Directive. to a minimum and that minimization and increased

because of the the workers concerned health surveillance.
nature of the work, are subject to increased
the full and proper health surveillance.
use of individual
hearing protectors Review every four years Y Art. 34 of the Noise RD
would be likely to and withdrawn as soon as prescribes that derogations
cause greater risk to the justifying issued by the Ministry in charge
health or safety than circumstances no longer with well-being (AD HUA) are
not using such obtain. only valid for a period of 4 years.
protectors
Directive Art.4.6 The risk assessment N/A Directive 2004/40/EC has
2004/40/EC on may include a not been transposed in
electromagnetic justification by the Belgium.
fields employer that the
nature and extent of
the risks related to
electromagnetic
fields make a further
detailed risk
assessment
unnecessary.

3 MAPPING QUESTION 3: LEVEL OF COMPLIANCE BY DIFFERENT
STAKEHOLDERS
The question consists of two separate, but intertwined questions: the degree of compliance and
approaches to compliance.
3.1 DEGREE OF COMPLIANCE
The question aims to ascertain the extent to which establishments in Member States comply with the
key requirements of the 24 OSH Directives and to what extent differences exist between public/private
sector; different sizes of establishments: micro/SMEs/large enterprises and different sectors of
economic activity.
The results are summarized in tables 3.1 and 3.2. Table 3.1 outlines the range of compliance with the
common processes and mechanisms (CPMs) across all 24 OSH Directives.
Table 3.2 complements the previous table by addressing the level of compliance with the CPMs at the
level of individual Directives.
As regards key requirements which do not constitute CPMs, a detailed overview is provided in Table
3.3.
The following indicators are used for estimating the degree of compliance:
(5) very high degree of compliance: indicators above 80%

(4) high degree of compliance: indicators 60-79%
(3) medium degree of compliance: indicators 40-59%
(2) low degree of compliance: indicators 20-39%
(1) very low degree of compliance: indicators below 20%.
The percentages are intended as approximate guides, not exact values.
An initial assessment of compliance was made on the basis of the annual reports from labour
inspectors over the period 2007-2012. The national reports drafted by Belgian labour inspectors detail
the categories in which various type of inspections measures are taken. Concerning control related to
matters prescribed by individual-directives, the inspection reports categorize inspection conclusions
per activity (e.g. painting, building or road construction), per risk (e.g. chemical agents, elevated work,
electricity) or type of problems encountered (e.g. violence, sexual harassment). Information regarding
the type of obligations that is not respected by the undertaking or establishment is not specified in the
reports. The information provided in these reports was then reassessed on the basis of interviews.
The results show that the level of compliance with CPMs considering the OSH acquis as a whole is
generally low (between 20-40%) with the exception of making available health surveillance data
where the higher level of compliance (60-79%) is explained primarily by the fact that affiliation of
workers to an occupational physician is compulsory and systematic. The level of compliance appears
significantly lower in SMEs.
With regard to the ESENER data reported upon in the below table, it should be noted that ESENER
data are based on a relatively small sample size (interviews were carried out in only 28,649
establishments in 31 European countries) and composition (enterprises up to 10 employers were not
involved). Moreover, this information is based on managers’ responses and the ESENER average

response rate is around a third as only some 20 per cent answered in five out of the EU's six largest
countries (Germany, Spain, Italy, Poland and the UK).45 The post-test of the ESENER survey noted
that “it is important to mention that companies participating in the survey are likely to be the
organisations with high standards or good procedures in place and therefore represent a self-selected
sample of ‘good examples’.”46
45
EU-OSHA, European Survey of Enterprises on New and Emerging Risks - Managing safety and health at work, 2010,
p.95
46
EU-OSHA, Qualitative post-test evaluation of ESENER: National overview report, 2013

Table 3- 1 Degree of compliance: Common processes and mechanisms
Common Criteria/indicator Assessment of the An explanation of how the assessment was made (including references Differences between the different
Processes and to guide the degree of to data sources when available) types of sectors, size of
mechanisms assessment compliance establishment (micro/ SMEs/large)
(across and sectors of economic activity
Directives) and rationale
Risk % of 2 Initial assessment of compliance was made on the basis of the annual Although no disaggregated data
assessment establishments reports from labour inspectors over the period 2007-201248. The exist in that respect, stakeholders
which perform (between 20-39%) assessment was based on the number of non-conformity reports in systematically reported that
regular47 risk comparison to the total number of inspections reports related to well- compliance rates were
assessment being and dynamic risk assessment policy. Non-conformity reports significantly lower for SMEs than
cover verbal warnings, written warnings, measures, element for the ones expressed in the initial
% of - cessation of activities, element for infraction report and establishing assessment. It was stressed that the
establishments measures and settlements. This initial assessment led to establish the utmost majority of SMEs are not
that carry out risk compliance rate at 51% (level 3). compliant with OSH legislation, if
management they even are aware of it (level 1
activities resulting During interviews, stakeholders exposed the fact that the initial of compliance).
from the risk assessment of compliance rates was not reflecting reality and globally
assessment overestimating compliance for the following reasons. By contrast, larger establishments
(50+ workers) are legally bound to
First, the numbers provided by the annual reports from labour establish internal consultation
inspectors only cover visited companies. Stakeholders acknowledged committees (see Table 1-2 on
that inspections tend to focus on large establishments which are Ensuring preventive and protective
considered far more compliant than SMEs. Given that 90% of services Art.7(1) and Table 3-2 -
companies operating in Belgium are SMEs, the initial assessment of Approaches to compliance).
compliance cannot be considered to reflect compliance in Belgium. These companies tend to have
Secondly, stakeholders agree that inspectors are bound to limit their very high compliance rates (level
assessment of compliance to the fulfilling of tasks of administrative 5).
character (i.e. presence of documents attesting that a risk analysis has This information is supported by NIR
been conducted, that companies established or are affiliated to 2013, which states the following:
appropriate prevention and protection services, etc.). “Successfully reaching SMEs is and
Correspondingly, the conduct of risk assessments can by no means continues to be a weak point.
guarantee its quality, the adequateness of its content, its impact on Implementation is good when
the establishment of a prevention policy within the company. Thirdly, it there are large in-house
47
Is the risk assessment reviewed regularly and in any event when any changes occur in the conditions which may affect workers exposure?
48
FPS ELS (AG TWW), Annual Reports 2007-2012.

is widely admitted that companies are only visited once every 21.5 preventive services; in SMEs,
years. Hence it is impossible to assess on the basis of the annual reports however, risk assessment poses
from labour inspectors if the risk assessment are reviewed regularly. problems and the number of visits
Stakeholders reported that generally level of compliance was below by external services to SMEs is
30%. unsatisfactory.”49
Given the aforementioned elements, the compliance rate is overall

assessed between 20-39% (level 2).
According to The ESENER1 survey suggests that most of the workplaces (83.94%) are The ESENER survey51 shows the
ESENER1 data: regularly checked for health and safety as part of a risk assessment or following differences according to
83.94% of similar measure.50 enterprise size and sectors:
workplaces are
regularly Company Size Yes No
checked for 10 to 19 employees 77.35
health and safety % 22.39 %
as part of RA 20 to 49 employees 88.75
% 10.87 %
50 to 249 employees 88.2
% 11.67 %
% 5.14 %
500 or more employees 92.22
% 7.78 %
Sector Type Yes No
Production sector 86.36 % 13.64
%
Private Services 83.11 % 16.62
49
See National Implementation Report 2013, Part A, Section I, 3.2, (EN) p.8.
50
ESENER1, question MM161
51

%
Public Services 83.55 % 15.98
%
Ensuring % of 2 Initial assessment of compliance was made on the basis of the annual Although no disaggregated data
protective establishments reports from labour inspectors over the period 2007-201252. The exist in that respect, stakeholders
and having ensured (between 20-39%) percentage is based on the number of non-conformity reports in systematically reported that
preventive protective and comparison to the total number of inspections reports related to compliance rates were
services preventive internal prevention and protection services as well as their significantly lower in companies
services coordination with external prevention and protection services. Non- with no trained prevention adviser
conformity reports cover verbal warnings, written warnings, measures, (Group C and D companies –
element for cessation of activities, element for infraction report and about 93% of all companies)55 nor
establishing measures and settlements. The initial assessment led to consultation committee (less than
establish the compliance rate at 55% (level 3). 50 workers) than the ones
expressed in the initial assessment.
Stakeholders unanimously considered the initial assessment to
overestimate compliance, for reasons exposed in the previous row.
With regards to ensuring protective and preventive services, the

principle in Belgium is that all companies must establish an internal
service for prevention and protection with at least one prevention
adviser. This service may however be limited to the employer exercising
the function of prevention adviser where the limited size of the
company renders impossible to do otherwise. In Belgium the training of
the safety adviser differs according to the size and type of activities
carried out by the company. According to this system, a company
belongs to one out of the four groups (A, B, C or D). Following this
classification, the prevention adviser appointed in companies from
group C and D (about 93% of all companies in Belgium)53, must not
receive any specific training on prevention and protection of health
and safety at work. Beside the compulsory establishment of the
52
53
Data retrieved on the basis of the interviews with stakeholders.

internal service, all companies must be affiliated to an external
prevention and protection service for all the risks that they cannot
cover internally, yet only half of companies are affiliated to external
services54. Stakeholders repeatedly stressed that systematic and
mandatory affiliation of a company with external services and
appointment of an internal service was not going hand in hand with
high compliance rate. First, the quality of internal and external services
varies greatly from one company or one external service to another.
Secondly, external services are working on the basis of legal tariffs that
are considered too expensive for SMEs to use their services. Thirdly,
external services focus on larger companies to the detriment of SMEs.
Accordingly, the compliance rate with this CPM is overall assessed
between 20-39% (level 2).
According to ESENER1 2009 asks about different forms of service56. Occupational Data based on company size
ESENER1: 42.01% – Health Physician, 94.43%; Safety specialist, 75.51%; Psychologist 42.01%; showed a general trend for
94.43% Ergonomist, 43.62%; Health & Safety Consultant, 65.04%. greater usage in larger
companies. For sectors there was
a general pattern of less use of
each speciality within private
services, while the use of these
specialties in the public services
and the production sector was
more or less equal.
Information % of 2 Initial assessment of compliance was made on the basis of the annual See row on “Ensuring protective
for workers establishments reports from labour inspectors over the period 2007-201257. The and preventive services”.
which provide (between 20-39%) percentage is based on the number of non-conformity reports in
information to comparison to the total number of inspections reports related to
workers information and training of workers. Non-conformity reports cover
55
54
56
https://osha.europa.eu/sub/esener/en/front-page/106/005 (MM150).
57

verbal warnings, written warnings, measures, element for cessation of
activities, element for infraction report and establishing measures and
settlements. The initial assessment led to establish the compliance rate
at 66% (level 3).
Information of workers was reported by stakeholders to go hand in

hand with effective internal service for prevention and protection of
health and safety at work. Accordingly, we refer to the reasoning
mentioned in that respect to assess the compliance rate on this CPM
Training of % of 2 Idem. Idem.
workers establishments
which provide (between 20-39%)
training to workers
Making % of 4 Initial assessment of compliance was made on the basis of the annual See row hereunder.
available establishments reports from labour inspectors of 2007 - 201258. The percentage is
health which provide (between 60-79%) based on the number of non-conformity reports in comparison to the
surveillance health total number of inspections reports related to health surveillance,
surveillance to maternity protection and first aids. Non-conformity reports cover verbal
workers warnings, written warnings, measures, element for cessation of
activities, element for infraction report and establishing measures and
settlements. The initial assessment led to establish the compliance rate
at 53% (level 3).
According to stakeholders, compliance rates in this respect should be

higher given the compulsory and systematic affiliation of workers to an
occupational physician. According to stakeholders, about 50 and 70%
of workers are followed by an occupational doctor.
Consequently the compliance rate on this CPM is assessed to be

58

According to The ESENER1 survey suggests that the health of workers is monitored in The ESENER survey60 shows the
ESENER1 data: most of the workplaces (88.17%).59 following differences according to
health of workers enterprise size and sectors:
is monitored in
88.17% of the Company Size Yes No
workplaces 0 to 19 employees 85.02
% 14.98 %
% 11.09 %
% 5.68 %
% 2.07 %
500 or more
employees 93.9% 2.72 %
Sector Type Yes No

Production sector 95.38 % 4.49%
Private Services 87.39 % 12.51
%
Public Services 83.92 % 14.81
%
Consultation % of 2 Initial assessment of compliance was made on the basis of the annual Given the reliance for consultation
of workers establishments reports from labour inspectors of 2007 - 201261. The percentage is of workers on internal or external
with appointed (between 20-39%) based on the number of non-conformity reports in comparison to the prevention services, there are
worker rep total number of inspections reports related to consulting structures significant differences between
% of (prevention and protection comities, workers representatives). Non- companies of different sizes.
establishments conformity reports cover verbal warnings, written warnings, measures, Companies that established an
59
60
61

which consult element for cessation of activities, element for infraction report and internal consultation committee
workers on risk establishing measures and settlements. The initial assessment led to (i.e. 7.000 companies in Belgium)
assessment establish the compliance rate at 72% (level 4). have high consultation rates. For
% of the detailed analysis on other
establishments Stakeholders unanimously considered the initial assessment to companies, see the rows on “Risk
which consult overestimate compliance, for reasons exposed in the row on risk analysis” and “Ensuring protective
workers on assessment. Exception made of large companies, which are the ones and preventive services”.
measures visited by inspections and on which the initial assessment was based,
consultation of workers is mostly the task of the external prevention
services. External services however do not take the time, nor have the
budget to enter into consultation of the workers.
Consequently the compliance rate on this CPM is assessed to be

According to ESENER1 2009 asked separately about different forms of consultation.63 The data showed an increasing
ESENER1 data: Companies were least likely to have a health and safety committee trend for all questions with
42.01% -94.43%62 and most likely to have a health and safety representative. The company size. Overall, the public
have some form categories are not mutually exclusive. sector was more likely to have
of - Trade union representative – 42.95% (production sector: 39.28%; each of the forms of
representation/co private services: 34.57%; public services: 60.84%) consultation/representation.
nsultation - Health and safety representative: 58.03% (production sector: 56.51%;
private services: 56.79%; public services: 61.44%)
- Health and safety committee: 48.03% (production sector: 46%; private
services: 41.38%; public services: 61.51%)
62
Values as reported by ESENER1 MM 351-355-358.
63
https://osha.europa.eu/sub/esener/en/front-page/219/005?group_by=sec3

Table 3- 2 Degree of compliance: Common processes and mechanisms (individual Directives)
Results from interviews with stakeholders
Disaggregated data on specific CPM per individual Directives are not available. Stakeholders moreover stressed that, with regards to global obligations such
as consultation of workers, ensuring preventive and protective services, and making health surveillance available, companies are either compliant for all
directives applicable to their sector or not. For these obligations, it is important to bear in mind the compliance rates established for the Framework Directives
as expressed in Table 3-1. Concerning other CPMs, stakeholders could not assess compliance per individual Directives. Accordingly, their compliance rates
are established per Directive rather than per CPM.
Common Processes Criteria/indicator to Directive nr. Assessment of The rationale upon which Differences which exist between
and mechanisms guide the assessment the degree of the assessment has been the different types of sectors, size
(individual Directives) compliance made (including references of establishment
to data sources when (micro/SMEs/large) and sectors
available) of economic activity and the
rationale
Risk assessment % of establishments Council Directive 3 The initial assessment was See Table 3-1 on relevant CPM.
which perform regular64 89/656/EEC (PPE) made on the basis of the
risk assessment (40-59%) 2012 annual report from
labour inspectors65. The
% of establishments that initial percentage is based
carry out risk on the number of non-
management activities conformity reports in
resulting from the risk comparison to the total
assessment number of inspections
reports related to specific
requirements of individual
Directives66. The initial
assessment led to establish
64
Is the risk assessment reviewed regularly and in any event when any changes occur in the conditions which may affect workers exposure?
65
66

rationale
the compliance rate at 77%
(level 4).
Stakeholders however
stressed the unrealistically
high character of this initial
compliance rate, for the
reasons stated in Table 3-1
on “risk assessment”.
The compliance rate is

hence assessed to be
Council Directive 4 The initial assessment was See Table 3-1 on relevant CPM.
92/58/EEC (OSH signs) made on the basis of the
(72 %) 2012 annual report from
initial percentage is based
on the number of non-
conformity reports in
comparison to the total
number of inspections
(level 4), which was
confirmed by stakeholders.
67
68

rationale
Directive 1999/92/EC 2 The initial assessment was See Table 3-1 on relevant CPM.
(ATEX) made on the basis of the
(20-39%) 2012 annual report from
initial percentage is based
on the number of non-
conformity reports in
comparison to the total
number of inspections
(level 3).

Council Directive 2 Idem See Table 3-1 on relevant CPM.
90/269/EEC (manual
handling of loads) (20-39%) The initial assessment led to
69
70

rationale
establish the compliance
rate at 86% (level 4).

2 Idem. Data relates to all See Table 3-1 on relevant CPM.
physical factors covering SMEs face the same problems as
(20-39%) both noise and vibrations. large enterprises in complying
with the Directive’s requirements,
The initial assessment led to i.e. they lack theoretical and
establish the compliance practical assistance with the risk
rate at 68% (level 4). assessment process.72
(vibration)

72
Idem.

rationale
According to NIR 2013,

“According to a limited
inspection survey in 2009 in
150 enterprises, only 12% of
those enterprises had
assessed the risks
connected with exposure to
mechanical vibrations and
there had been almost no
measurements of exposure
to mechanical vibrations.”71
4 Idem. See Table 3-1 on relevant CPM.
(noise)
(68%)
chemical, carcinogens,
(20-39%) mutagens and biological
agents.
The initial assessment led to

(carcinogens or
mutagens)
71
National Implementation Report 2013, Part A, Section II, (EN) p. 63.

rationale

Council Directive chemical, carcinogens,
98/24/EC (chemical (20-39%) mutagens and biological
agents at work) agents.
3 Idem. Data from annual See Table 3-1 on relevant CPM.

inspection reports relates to
all chemical, carcinogens,
(47%) mutagens and biological
agents.

(asbestos)
rate at 47% (level 3), which
was confirmed by
stakeholders given the
general awareness that
surrounds the question of
the use and handling of
asbestos.
chemical, carcinogens,
(20-39%) mutagens and biological
Directive 2000/54/EC agents.
(biological agents)

rationale

2 Initial assessment was made See Table 3-1 on relevant CPM.
on the basis of the 2012
(20-39%) annual report from labour
inspectors73. The
percentage is based on the
number of non-conformity
reports in comparison to the
Council Directive total number of inspections
92/57/EEC (temporary or reports related to directive
mobile construction specific requirements74.
sites)
rate at 66% (level 4),
73
74

rationale
Stakeholders
acknowledged that the
construction sector is
especially characterized by
a high percentage of SMEs
and overuse of
subcontractors to which
OSH obligations are
delegated. As direct
consequence, the
compliance rates are
considered by stakeholders
to be below 25% in small
companies while extremely
high in large establishments.
Hence the compliance rate

is assessed to be comprised
between 20-39 % (level 2).
Council Directive 3 Idem. Data relates to all See Table 3-1 on relevant CPM.
92/29/EEC (medical maritime and hyperbaric
treatment on board (49%) work.
vessels)
Council Directive 3 Idem. Data relates to all See Table 3-1 on relevant CPM.
93/103/EC (work on maritime and hyperbaric
board fishing vessels) (49%) work.
2 Idem. Data relates to young See Table 3-1 on relevant CPM.
Council Directive
workers, interns, trainees
91/383/EEC (temporary
(20-39%) and temporary work. The
workers)
initial assessment led to

rationale
rate at 58% (level 3),
Hence the compliance rate

is assessed to be comprised
between 20-39 % (level 2).
Council Directive 2 Idem. See Table 3-1 on relevant CPM.
94/33/EC (young people
at work) (20-39%)
health surveillance,
Council Directive
(68%) maternity protection and
92/85/EEC
first aid requirements.
(pregnant/breastfeeding
Stakeholders confirmed the
workers)
initial assessment of
compliance.
Ensuring protective % of establishments Council Directive See explanation on this See Table 3-1 on relevant CPM.
and preventive having ensured 89/656/EEC (PPE) 3 Directive in this table for the
services75 protective and CPM “risk assessment”.
preventive services (40-59%)
75
Stakeholders stressed that, with regards to global obligations such as consultation of workers, ensuring preventive and protective services, and making health surveillance available, companies
are either compliant for all directives applicable to their sector or not. For these obligations, it is important to bear in mind the compliance rates established for the Framework Directives as
expressed in Table 3-1.

rationale
92/58/EEC (OSH signs)
(72 %)
Directive 1999/92/EC 2 Idem See Table 3-1 on relevant CPM.
(ATEX)
(20-39%)
90/269/EEC (manual
handling of loads) (20-39%)
(vibration)
(20-39%)
(noise)
(68%)
Directive 2004/37/EC 2 Idem. See Table 3-1 on relevant CPM.
(carcinogens or
mutagens) (20-39%)
98/24/EC (chemical
agents at work) (20-39%)
(asbestos)
(47%)
(biological agents)
(20-39%)
92/57/EEC (temporary or
mobile construction (20-39%)
sites)
92/29/EEC (medical

rationale
treatment on board (49%)
vessels)
93/103/EC (work on
board fishing vessels) (49%)
workers) (20-39%)
at work) (20-39%)
92/85/EEC
(pregnant/breastfeeding (68%)
workers)
Information for % of establishment Council Directive 3 Idem According to stakeholders,
workers76 which provide 89/656/EEC (PPE) workers in SMEs still often have to
information to workers (40-59%) purchase their PPE themselves,
given lack of knowledge and
implementation of OSH
legislation.
(72 %)
(ATEX)
(20-39%)
76

rationale
90/269/EEC (manual
(vibration)
(20-39%)
(noise)
(68%)
(carcinogens or
mutagens) (20-39%)
98/24/EC (chemical
(asbestos)
(47%)
(biological agents)
(20-39%)
sites)
92/29/EEC (medical
vessels)
93/103/EC (work on

rationale
workers) (20-39%)
at work) (20-39%)
92/85/EEC
workers)
Training of workers % of establishment Council Directive 3 Idem See Table 3-1 on relevant CPM.
which provide training 89/656/EEC (PPE)
to workers (40-59%)
(72 %)
(ATEX)
(20-39%)
90/269/EEC (manual
(vibration)
(20-39%)
(noise)
(68%)
(carcinogens or
mutagens) (20-39%)
98/24/EC (chemical

rationale
(asbestos)
(47%)
(biological agents)
(20-39%)
Council Directive 2 Idem
sites)
92/29/EEC (medical
vessels)
93/103/EC (work on
workers) (20-39%)
at work) (20-39%)
92/85/EEC
workers)

rationale
Making available % of establishments Council Directive 4 Idem See Table 3-1 on relevant CPM.
health surveillance77 which provide health 89/656/EEC (PPE)
surveillance to workers (between 60- Given the obligation for all
79%) companies to be affiliated
to external prevention and
protection services, the
compliance rate was
assessed globally for all
individual Directives on the
same basis as the
Framework Directive.
Hence compliance rate is

assessed to be between 60-
79% (level 4).
(between 60-
79%)
(ATEX)
(between 60-
79%)
90/269/EEC (manual
handling of loads) (between 60-
79%)
Directive 2002/44/EC 3 According to NIR 2013, See Table 3-1 on relevant CPM.
77

rationale
(vibration) (50%) “Health surveillance is a
legal requirement, but a
limited inspection survey in
2009 in 150 enterprises
showed that it was being
correctly applied in
approximately half of those
enterprises.”78
4 Given the obligation for all See Table 3-1 on relevant CPM.
companies to be affiliated
(between 60- to external prevention and
79%) protection services, the
compliance rate was
assessed globally for all
individual Directives on the
(noise)
same basis as the
Framework Directive.
Hence compliance rate is

assessed to be between 60-
79% (level 4).
(carcinogens or
(between 60-
mutagens)
79%)
Council Directive
98/24/EC (chemical
(between 60-
agents at work)
79%)
78
National Implementation Report 2013, Part A, Section II, (EN) p.62.

rationale
(asbestos)
(between 60-
79%)
(biological agents) (between 60-
79%)
mobile construction (between 60-
sites) 79%)
92/29/EEC (medical
treatment on board (between 60-
vessels) 79%)
Council Directive
93/103/EC (work on
(between 60-
board fishing vessels)
79%)
Council Directive
(between 60-
workers)
79%)
Council Directive
(between 60-
at work)
79%)
92/85/EEC
(pregnant/breastfeeding (between 60-
workers) 79%)

rationale
Consultation of % of establishments with Council Directive 3 According to NIR 2013, “In See Table 3-1 on relevant CPM.
workers79 appointed worker rep 89/656/EEC (PPE) practice, the labour
% of establishments (40-59%) inspectorate sees the
which consult workers following breaches:
on risk assessment
% of establishments - Participation in choices
which consult workers - In the case of the CPPT,
on measures PPE is generally dealt with at
the meeting of the CPPT;
- when there is no CPPT:
there is in practice no
formal participation, but
rather the following: for PPE
such as safety footwear or
safety gloves, etc., there is
generally a ‘test phase’
during which workers can
assess the equipment and
give feedback before a
final decision is reached;
- Information on risks: limited
and superficial and not
dealing with the issue in full.
- Training: no training for PPE
that seems simple (safety
footwear, safety gloves,
79

rationale
safety helmets, etc.); while
there may be some kind of
training for more complex
PPE (respiratory equipment,
etc.), it is limited in terms of
its content and visibility.”80
(72 %)
(ATEX)
(20-39%)
90/269/EEC (manual
(vibration)
(20-39%)
(noise)
(68%)
(carcinogens or
mutagens) (20-39%)
Council Directive 2 Idem., See Table 3-1 on relevant CPM.
98/24/EC (chemical
(asbestos)
80
National Implementation Report 2013, Part A, Section II, p. 21.

rationale
(47%)
2 Idem.
(biological agents)
(20-39%)
sites)
92/29/EEC (medical
vessels)
93/103/EC (work on
workers) (20-39%)
at work) (20-39%)
92/85/EEC
workers)

Table 3- 3 Degree of compliance: Key requirements
Directive Key Estimate of An explanation of how the assessment was made Differences which exist between the
requirement degree of (including references to data sources when available) different types of sectors, size of
(Directive compliance establishment (micro/SMEs/large) and
specific) sectors of economic activity and the
rationale for those differences
Council Directive All81 No data According to NIR 2013, “Failure to comply
2009/104/EC (work available with the regulations is not a typical
equipment) problem for SMEs. It would also be
unthinkable for workers’ protection to
depend on the size of the enterprise.
SMEs obviously have to be provided with
the resources to achieve the objectives
of the regulations. It is for that reason that
Belgian regulations have ensured that
SMEs can call upon external services for
prevention and protection at work which
possess expertise in health and safety at
work, ergonomics, occupational hygiene
and psychosocial aspects of work. Under
Belgian regulations, larger enterprises
must have a higher level of in-house
expertise. The financial resources that this
frees up should benefit smaller
enterprises. In practice, external services
are also improperly called in by large
enterprises as well and inspections
therefore reveal the following violations:
- external services for prevention and
protection at work have limited specific
knowledge of aspects relating to the
safety of work equipment, which means
that employers are given incomplete
81
Disaggregated data on specific KR per individual Directives were not available. Stakeholders could not assess compliance per KR per individual Directives. Accordingly, their compliance
rates are established per Directive for all KR.

information or have to call upon another
external organisation;
- problems with occupational physicians’
opinions: failure to draw them up or
delays in doing so;
- the ‘formal purchasing and
commissioning procedure’ is not
followed.
Another violation that occurs more
frequently in SMEs is:
- the fact that ‘old’ work equipment no
longer meets the minimum
requirements.”82
Council Directive All 3 Given that disaggregated data on specific KR per The differences that exist between
89/656/EEC (PPE) individual Directives was not available, stakeholders different sizes of establishments are similar
(40-59%) could not assess compliance per KR per individual to the ones referred to in Table 3-1. For
Directives. Accordingly, the compliance rates are further details, see Table 3-1.
established per Directive for all KR following the rationale
of table 3-1 and 3-2.
Council Directive All 4 Idem Idem
(72 %)
Directive 1999/92/EC All 2 Idem It is estimated that 90% of Seveso
(ATEX) enterprises are in order, that only 50% of
(20-39%) conventional enterprises in the sectors
are in order (natural gas pipeline
installations, in particular, are not zoned,
as the approved bodies did not in the
past zone natural gas pipeline
82
See National Implementation Report 2013, Part A, Section II, p.20.

installations of less than 4 bar of
overpressure) and that no radioactive
part of nuclear facilities is in order
(release of hydrogen which is directly
neutralised by hydrogen
recombinators).83
Council Directive All 2 Idem The differences that exist between
90/269/EEC (manual different sizes of establishments are similar
handling of loads) (20-39%) to the ones referred to in Table 3-1. For
further details, see Table 3-1.
All 2 Idem. According to NIR 2013, “Many SMEs are
not applying the Directive or are applying
Directive 2002/44/EC (20-39%) it only very minimally. The Directive is not
(vibration) being applied, or is being applied in a
limited way, in many large enterprises as
well.”84
All 4 Idem. The differences that exist between
Directive 2003/10/EC different sizes of establishments are similar
(noise) (68%) to the ones referred to in Table 3-1. For
All 2 Idem. According to NIR 2013, “SMEs often lack
the expertise to take effective action
(20-39%) against risks. The hierarchy of preventive
Directive 2004/37/EC measures is too abstract for them to be
(carcinogens or able actually to implement them in their
mutagens) own particular situation.
Another problem is that they do not have
the personnel or time to assimilate all the
information provided. More detailed
83
84

safety information sheets often lead to
further confusion rather than giving
information that can be put to practical
use (for instance they give information
which is too vague, such as ‘use of
appropriate respiratory protection,
gloves’, etc.).
Measurements of exposure take place
rarely or only once. This means that
employers are in most cases unable to
show that the preventive measures that
they are using are adequate.
Employers following a formal
measurement strategy (and in that way
respecting the requirements relating to
the quantitative and qualitative
assessment of risks) are at a competitive
disadvantage in comparison with
employers who do nothing and merely
wait for an inspection.”85
All 2 Idem. According to NIR 2013, “Employers and in
particular SMEs find it difficult to
(20-39%) understand how they can comply with
the legal framework, e.g. REACH, GHS
Council Directive and the Directive on carcinogens and
98/24/EC (chemical mutagens”.
agents at work)
In addition, “SMEs often lack the expertise
to take effective action against risks. The
hierarchy of preventive measures is too
abstract for them to be able actually to
85

implement them in their own particular
situation. Another problem is that they do
not have the personnel or time to
assimilate all the information provided.
More detailed safety information sheets
often lead to further confusion rather
than giving information that can be put
to practical use (for instance they give
information which is too vague, such as
‘use of appropriate respiratory
protection, gloves’, etc.). Measurements
of exposure take place rarely or only
once. This means that employers are in
most cases unable to show that the
preventive measures that they are using
are adequate. Employers following a
formal measurement strategy (and in that
way respecting the requirements relating
to the quantitative and qualitative
assessment of risks) are at a competitive
disadvantage in comparison with
employers who do nothing and merely
wait for an inspection.”.86
All 3 Idem. The difficulties that SMEs have in applying
the Directive are, conventionally, linked
to a lack of in-house skills. A lack of
Directive 2009/148/EC (47%) awareness of the problem and a lack of
(asbestos) prior identification of materials which may
contain asbestos are still too common.
In the construction/demolition sector, the
86

safety and health coordinators do not
pay adequate attention to the risks of
asbestos and are not, in most cases, able
themselves to identify the risk.87
All 2 Idem. SMEs encounter the same problems as
large enterprises in following the
(20-39%) requirements of the Directive, i.e. a lack
(biological agents)
of theoretical and practical support for
the risk management process.88
All 2 Idem According to NIR 2013, “The fact remains
that in the large numbers of SMEs in the
(20-39%) construction industry, there are few, if
any, prevention specialists, in particular
prevention advisers; the administration
therefore gives priority to a sectoral
approach in order to make SMEs more
aware of risks and encourage them to
adopt proper risk prevention measures.
Council Directive
92/57/EEC (temporary or The general finding emerging from
mobile construction inspections of mobile or temporary
sites) construction sites by the Directorate-
General for Monitoring Well-being is that
SMEs working in this sector of activity
have few (financial, organisational,
material, etc.) resources. As a result:
- there may be a limited knowledge of
the regulations on well-being at work in
general and of the regulations on
construction sites in particular, especially
87
88

among SMEs employing fewer than 20
workers;
- if they exist, risk assessments by these
enterprises in relation to their own
activities are not or are no longer
appropriate and the safety instructions to
be applied by workers are not available.
SMEs also find it difficult to interpret and
implement the Royal Decree on sites
properly, in particular because:
- there is no project coordination or, if
there is, it is too late;
- the safety and health plan drawn up in
most cases by the execution coordinator
and not by the planning coordinator is in
most cases a standard document which
is vague and not tailored to the
construction site in question;
- the other key players on the site (client,
architect, project execution supervisor,
safety coordinator, etc.) do not perform
their respective duties properly, which
complicates the work of SMEs. By way of
example, many coordinators rely on
paper- based coordination which does
little to improve safety and health on
sites.
These problems can be seen at the
planning stage (especially when
contractors are sending in their bids) and
during the works execution stage.

Safety and health plans do not
adequately detail what is required of
SMEs in terms of prevention measures and
resources, including collective protection
measures, and do not clearly specify who
is responsible for putting these resources
in place. More detailed safety and health
plans would help SMEs to draw up proper
proposals, in full knowledge of the facts,
in their bids (Article 30 of the Royal
Decree on construction sites) and would
help to ensure that the rules on
competition are correctly applied by
enabling clients to compare contractors’
bids.
At the works execution stage, many SMEs
work as subcontractors to another
contractor or the project execution
supervisor, and the workers of these
subcontractors are very often placed in
dangerous situations when another
player in the subcontracting chain has
failed to take the necessary measures, or
when works are given to subcontractors
who do not have sufficient resources to
ensure the safety and health of workers
during these works.
- Another problem facing SMEs working
on construction sites is the range of
languages spoken by the various people
working on the site, which makes

communication and coordination more
difficult.”89
Council Directive All 3 Idem. The differences that exist between
92/29/EEC (medical different sizes of establishments are similar
treatment on board (49%) to the ones referred to in Table 3-1. For
vessels) further details, see Table 3-1.
All 3 Idem. The fishing sector is finding it difficult to
Council Directive recruit skilled personnel and many fishing
93/103/EC (work on (49%) vessels are in financial difficulty. This may
board fishing vessels) mean that less attention is paid to safety
on board fishing vessels.90
All 2 Idem. The differences that exist between
Council Directive
different sizes of establishments are similar
(20-39%) to the ones referred to in Table 3-1. For
workers)
Council Directive All 2 Idem. Idem
at work) (20-39%)
All 4 Idem. Compliance with the Directive is lower
among SMEs than among large
(68%) enterprises as they lack knowledge and
Council Directive financial resources. Workplaces in SMEs
92/85/EEC are nevertheless much more individual
(pregnant/breastfeeding than in large enterprises and can be
workers) much more readily adapted to the
individual. SMEs find it difficult to comply
with the Directive’s requirements
because they lack knowledge of and
89
National Implementation Report 2013, Part A, Section II, (EN) p.49-50.
90

assistance with the risk assessment
process.91
91

3.2 APPROACHES TO COMPLIANCE
The second question complements the first sub-question in that aims to answer the question of to what extent can potential differences in the degrees of
compliance observed as between private undertakings and public sector bodies, various sizes of companies, etc. be attributed to different approaches to
compliance.
In Belgium, the role of the prevention and protection services, both internal and external, is seen as primordial, along with the employer’s ability to understand
and abide by his OSH obligations, in order to ensure compliance with OSH requirements.
SMEs face particular challenges as they often rely on external prevention and protection services which are relatively heterogeneous in terms of quality.
Besides, the general approach to OSH whereby the framework legislation is objective-driven and not detailed enough to ensure a clear understanding what is
required from them in order to comply with their OSH obligations, hence relying significantly on external services. While the setting of a consultation
committee for the prevention and protection of work in companies employing is also seen as an additional positive factor in ensuring compliance with OSH
requirements, but is compulsory only for companies employing more than 50 workers.
In general while large companies have an integrated approach to compliance through dedicated service/person, other smaller companies mostly take a reactive
approach.
Table 3- 4 Approaches to compliance
Question Answer Observed differences which exist between the

different types of sectors, size of establishment
(micro/SMEs/large) and sectors of economic activity
What approach has been adopted? All employers are legally obliged to have at least one internal Significant differences in approaches to compliance
Is it systematic? prevention and protection service. The composition of the exist between micro, SMEs and large establishments.
internal service varies depending on the size of the company
and type of activities undertaken. For further details on the 1. Composition of internal prevention services
composition of internal services see column on “observed
differences”. For the missions that cannot be covered internally To begin with, requirements on the composition of
(for reasons of lack of expertise, knowledge or resources), internal prevention services affect the compliance of

employers must use multidisciplinary external prevention and the company. Under Belgian legislation on internal
protection services92. prevention and protection services (ISPP RD), the
composition of the internal service depends on the
External services support employers in complying with their OSH category of companies to which the company
obligations. They integrate a variety of OSH related activities belongs (Art. 3, 9, 10, 11 and 22 ISPP RD). There are
including psychosocial assistance, risk analysis and health four categories of companies established by the ISPP
surveillance of workers. There are currently 13 external RD. Categorization of a company within one of the
prevention and protection services in Belgium93. four groups (A, B, C or D) depends on the number of
workers employed by the company (ordinary
Stakeholders reported that the quality of both external criterion) and on the type of activity undertaken
prevention services and occupational physicians was (subsidiary criterion). Companies falling within Group
heterogeneous. Accordingly, some suggested that a A are the ones that employ more than 1.000 workers.
certification scheme should be establish for EPPS and Group B covers companies with between 200 and
occupational physicians. It was furthermore underlined that 1.000 workers. Group C is for companies employing
financial and time constraints render impossible for external between 20 and 200 workers, whereas Group D
services to provide to SMEs more than a fragmented approach concerns companies with less than 20 workers. These
to health and safety at work rather than the holistic one thresholds are subjected to modifications where
promoted by the legislation94. companies conduct hazardous activities. As a means
of illustration, companies active in the chemical
It is in this perspective that amendment of the EPPS RD was industry only need to employ: 50 workers to be
adopted in April 2014 (RD of 25 April 2014 modifying the EPPS considered under Group A, between 20 and 49
RD with regards to pricing) with a view to ensuring improved workers to fall under Group B, and between 1 and 19
protection of SMEs. For further details, see adjacent column. workers to be considered a Group C company. These
distinctions have an impact on the required
composition of the internal prevention service.
Group A and B companies need to have a trained
prevention adviser in their internal prevention service.
The level of training of the prevention adviser also
varies according to these categories. In group C, the
employer can have a trained prevention adviser, in
92
National Implementation Report, Part A, Section 1, 2.3.
93
National Implementation Report, Part A, Section 1, 2.3.
94
Inputs from interviews with stakeholders.

which case the company has a greater expertise to
execute the risk assessment and to support the
employer and the workers in taking appropriate
prevention measures (=C+). So group C-companies
with a trained prevention advisor have less need to
call on an external service. Overall these companies
were reported by stakeholders to be significantly
more compliant with OSH legislation. The association
of services for prevention and protection estimated
that, in 2010, they constituted about 3% of companies
in Belgium. 8% of companies were Group C-, and 89%
of companies were Group D companies. In terms of
number of workers or employees, there were 23%
employees in A companies, 19% in B companies, 6% in
C+ companies, 22% in C- companies and 25% in D
companies, in 2010.
In this light, it is acknowledged that companies

belonging to the Groups C and D are immensely
dependent on the services of external prevention
services to comply with OSH legislation. According to
stakeholders (especially workers’ representatives), this
dependence is due to the goal-driven aspect of the
Belgian OSH legislation, which confronts SMEs with
difficulties in understanding what is required from
them in order to comply with their OSH obligations
(e.g. content of risk assessment) 95. This is reported by
stakeholders as a significant change from the previous
Belgian OSH legislation (RGPT) 96. Workers
’representatives highlighted that the previous OSH
legislation was highly detailed and followed a means-
95
96

based approach that was easier for employers to
understand and implement97. With regards to the high
dependence of SMEs on external services, most
stakeholders concurred in reporting that the quality of
these external services was very heterogeneous, and
would benefit from a federal certification scheme.
Stakeholders furthermore underlined that financial
and time constraints render impossible for external
services to provide to SMEs more than a fragmented
approach to health and safety at work rather than
the holistic one promoted by the legislation.
2. Consultation committee
Additionally, Belgian legislation requires companies

employing more than 50 workers to establish a
consultation committee for the prevention and
protection of work (Article 53 OHS Law and CPP RD).
Companies that have established internal
consultation committee (7000 companies out of
205.000) are also more compliant overall. It is
noteworthy that companies with internal consultation
committee are mostly the same as the ones falling
within Groups A, B or C+. (See below on consultation
of workers)
3. Pricing and services provided by external

services
Recent amendment of the EPPS RD in April 2014 (RD of

25 April 2014 modifying the EPPS RD with regards to
pricing) modified the services provided by external
97

services and their pricing with a view to support SMEs.
According to the new legislation, from 1 January 2016

a minimum fixed charge per worker will apply, based
on the main activity (determined by the NACE code)
and the size of the company. Previously pricing was
established according to the expected frequency of
visit by the EPPS.
For organisations employing more than five workers,

the standard rate will rise to 87 € / worker for
companies with relatively high risk and 52 € for
companies with less risks. For organisations employing
between 1 and 5 workers, the rate is set between 35 €
and 55 €.
For companies belonging to the categories C- and D,

the aforementioned rate will allow them to
beneficiate from psychosocial assistance,
occupational physician and prior health surveillance.
With regards to companies of Class A, B, C +, instead

of a fixed basic package, services will be provided
per “prevention units”. Every € 150 paid constitutes
one prevention unit, which amounts to one working
hour.
4. Public sector
With regards to the public sector, compliance does

not differ much from other sectors: compliance will
depend on the size of the establishment, on the
constitution of consultation committees and on the
training of the prevention adviser. The important
representation of 50+ workers in the public sector as
well as the regular use of indefinite contracts may

lead to better knowledge of the workers on OSH
legislation. This situation however does not necessarily
imply greater compliance by the employer98.
What are the key characteristics of Compliance entirely relies on the ability of the employer, Idem.
the approach? assisted by multidisciplinary external or internal services, to
understand and abide by his OSH obligations. Where support to Aside the aforementioned distinctions, the Belgian
the employer is lacking, compliance is low. OSH legislation does not distinguish between sectors
or size of companies with regards to the content of
their OSH requirements.
What are the criteria upon which According to stakeholders (national authorities, employers’ Idem.
priorities for compliance measures representatives, workers’ representatives and others) large
are set? companies have an integrated approach to compliance with
dedicated service/person in charge with ensuring
compliance99.
Other companies, including SMEs, mostly take a reactive

approach, acting under the impulse of accidents, inspection
campaigns and other enforcement actions.
Are stakeholders (workers and their Workers’ participation is ensured by the procedures set out in Idem.
representatives) involved in the Chapter VIII of the Law on the well-being of workers in the
forming of the compliance approach performance of their work and by the Royal Decree of 3 May
and its further development? 1999 on Committees for Prevention and Protection at Work.
Belgian legislation requires companies employing more than 50
workers to establish a consultation committee for the
prevention and protection of work (CPP RD). The consultation
committee is either elected by the workers or based on the
union delegation present in the company. If neither of these
options is possible given the limited number of workers (less than
20 workers), the employer must enter consultation with workers
when designing and implementing the OSH policy of the
98
Vandenbrande, Vandekerckhove, Vendramin, Valenduc, Huys, Van Hootegem, Hansez, Vanroelen, Puig-Barrachina, Bosmans & De Witte, Quality of work and employment in Belgium,
February 2013.
99

company (Article 53 OHS Law and CPP RD).
Stakeholders agreed that companies that have established

internal consultation committee (7000 companies out of
205.000) are more compliant overall. It is noteworthy that
companies with internal consultation committee are mostly the
same as the ones falling within Groups A, B or C+100.
100

4 MAPPING QUESTION 4: ACCOMPANYING ACTIONS THAT SUPPORT THE
RESPECT OF THE RULE
The following types of accompanying documents/actions relating to OSH legislation are covered:
 Guidance documents (through decisions and other soft measures, guidelines);

 Awareness-raising campaigns;
 Support tools (possibly IT based); and
 Financial incentives i.e. tax benefits or possibility to offer reduction of insurance premium to
reward organisations for going beyond the legal requirements.
 Education and training actions.
Please note that accompanying measures targeted specifically at SME and micro-enterprises are also
covered under Section 7.
The Belgium stakeholders, in particular the authorities, have issued a large number of accompanying
actions, mainly guidance documents, and to a lesser extent support tools. The directives for which
most actions have been taken are Directive 89/391/EC (Framework Directive), Directive 90/269/EC
(manual handling of loads), Directive 98/24/EC (chemical agents) and Directive 92/57/EEC (mobile
construction sites).
Practical tools, forms and check-lists that enable employers to comply with OSH obligations are
considered by stakeholders as the most useful accompanying actions. Examples include sectoral
templates for risk assessment such as OiRA and SOBANE, which are seen as allowing simplification
and gain of time. The SOBANE strategies are especially useful in guiding employers through the
drafting of a global risk analysis, and the subsequent incorporation of its conclusions in a holistic OSH
strategy.
Stakeholders however highlighted that only companies where there is a trained prevention adviser, are
aware and using the accompanying actions.
Stakeholders highlighted that further accompanying actions should be developed addressing risk
assessment in specific sectors. However, employers considered that the current tools were sufficient
while labour inspectors underlined that the most important factor was the employers’ involvement.
4.1 EXISTING ACCOMPANYING ACTIONS
This sub-section identifies the relevant accompanying documents/actions as described above. The
documents covered are those issued between 2007 and 2012.
The following documents have been identified on the basis of the desk study and of the National
Implementation Report for Belgium:
Directive 89/391/EEC (Framework Directive)
 Belgian Safe Work Information Centre (BESWIC): online platform gathering and making
available all information related to OSH in Belgium. The platform contains links to
legislation, guidance documents, annual reports from the various departments dealing with
OSH in DG Employment, etc. www.beswic.be
 DG Employment has published a series of best practices on its website. The website presents

Brussels
about 50 cases of concrete companies or safety situations in Belgium which were tackled in a
manner that is considered a best practice by the DG.
http://www.werk.belgie.be/moduleTab.aspx?id=557&idM=241 and
http://www.werk.belgie.be/moduleTab.aspx?id=564&idM=241 (on psychosocial risks)
 Alcohol en andere drugs: handleiding voor een preventiebeleid op het werk – Psychosociale
risico’s (Alcohol and drugs: guidance document for preventive policy at work – psychosocial
risks), 2012, guidance document prepared by DG Employment as an outcome of the study
mentioned above, http://www.werk.belgie.be/publicationDefault.aspx?id=38343
 ´Voel je goed op het werk´ (´Feel good at work´), Information campaign for the wider public
aimed at raising awareness about psychosocial stress at work and providing guidance towards
possible solutions for persons at risk, 2012, www.voeljegoedophetwerk.be
 Praktische handleiding voor het Comité voor Preventie en Bescherming op het Werk
(Practical guidance for the Committee for Prevention and Protection at Work), 2012, guidance
document for members of such committees, trade union representatives, prevention advisers,
http://www.werk.belgie.be/publicationDefault.aspx?id=3656
 Leeftijdsbewust personeelsbeleid aanpakken - Psychosociale risico's (Age-conscious
employment policy – psychosocial risks), 2012, Guidance document for an age-conscious
employment policy setting out aspects to consider and existing practices, published by DG
Employment, http://www.werk.belgie.be/publicationDefault.aspx?id=37978
 Eerste hulp op het werk (First Aid at work), 2011, guidance document prepared by DG
 Psychosociale aspecten - Reeks SOBANE-strategie (Psychosocial aspects – Series SOBANE
Strategy), 2010, Guidance document presenting the SOBANE Strategy for the management of
employment-related risks aimed at employers with a view to help them implement risk
management strategies within their companies in relation to psychosocial aspects,
 De risicoanalyse (The risk assessment), 2009, Guidance document prepared by DG
Employment on the concept of risk assessments within the area of health and safety at work
and, in particular, for the formulation of prevention measures, using concrete examples,
 Wegwijs in de preventie van de psychosociale belasting op het werk : stress, geweld,
pesterijen en ongewenst seksueel gedrag (Guidance in the prevention of psychosocial stress at
work: stress, violence, bullying and unwanted sexual behaviour), 2009, published by DG
 Van meningsverschil tot hyperconflict. Gids voor wie beroepsmatig tussenkomt en
geconfronteerd wordt met conflicten en grensoverschrijdend gedrag op het werk (From
difference of opinion to hyper conflict. Guidance for who professionally intervenes and is
confronted with conflicts and unacceptable behaviour at work), 2009, published by DG
 Hulpmiddelen om meer inzicht te krijgen in het ouder worden op het werk (Tools for obtaining
better insight in ageing at work), 2009,
 Het welzijn van de werknemers bij de uitvoering van hun werk - Toelichting bij de wet van 4
augustus 1996 (Health and safety of employees in carrying out their work – Guidance for the
Law of 4 August 1996), 2008, providing detailed information on the Health and Safety Law,
published by DG Employment, http://www.werk.belgie.be/publicationDefault.aspx?id=4292
 SOBANE-strategie en opsporingsmethode DEPARIS (SOBANE Strategy and detection
method DEPARIS), 2007, Guidance document presenting the SOBANE Strategy for the
management of employment-related risks aimed at employers with a view to help them
implement risk management strategies within their companies for greater health and safety,
 Vademecum voor de diagnose van relationeel leed op het werk (Guide for the diagnosis of
relational pain at work), 2007, http://www.werk.belgie.be/publicationDefault.aspx?id=12128

Brussels
 Welzijn op het werk, Vademecum (Health and Safety at work, Vademecum), handbook on all
health and safety legislation applicable to workers in Belgium compiled and commented upon
by the Belgian Socialist Trade Union, www.abvv.be
 Funds for national diseases, Preventive advice programme, http://www.fmp-
fbz.fgov.be/web/content.php?lang=fr&target=workers#/prevention-advise-for-business
Council Directive 89/654EEC (workplace)
 1-page information notes available on the website of DG Employment, containing the main
legal requirements relating to the specific aspect of the workplace as well as practical advice
and rules of good practice. In relation to the workplace, information notes exist about
electrical installations at the workplace, lighting, air, temperature as well as the facilities
available for workers. http://www.werk.belgie.be/defaultTab.aspx?id=579
 Brochure Thermische omgevingsfactoren (Thermal environment factors) – Guidance
document for the new Royal Decree on thermic environment factors, 2013,
 Elektriciteit - Reeks SOBANE-strategie (Electricity – Series SOBANE Strategy), Guidance
document presenting the SOBANE Strategy for the management of employment-related risks
related to electricity at the workplace, not available online.
 Veiligheid (ongevallen, vallen,…) - Reeks SOBANE-strategie (Safety (accidents, falling –
Series SOBANE Strategy), Guidance document presenting the SOBANE Strategy for the
management of employment-related risks related to safety at the workplace,
http://www.werk.belgie.be/publicationDefault.aspx?id=4272.
 Personeelsvoorzieningen - Reeks SOBANE-strategie (Staff facilities – Series SOBANE
Strategy), Guidance document presenting the SOBANE Strategy for the management of
employment-related risks related to staff facilities, not available online.
Council Directive 2009/104/EC (work equipment)
 DG Employment has published best practices on its website regarding work equipment, in
particular focused on young workers and work equipment.
http://www.werk.belgie.be/moduleTab.aspx?id=620&idM=241
 Goede veiligheidspraktijken in de landbouwsector (Good safety practices in the agriculture
sector), 2009, guidance document for professionals in the agricultural sector presenting risk
situations, management measures and existing health and safety legislation to the sector,
 Machines en handgereedschappen - Reeks SOBANE-strategie (Machinery and equipment –
management of employment-related risks related to work equipment,
http://www.werk.belgie.be/publicationDefault.aspx?id=3720.
 Berekeningsnota steigers (Calculation note scaffolding), guidance note on the website of DG
Employment concerning the use of scaffolding at work,
http://www.werk.belgie.be/defaultTab.aspx?id=4246
 Samenhang tussen artikel 13 van het koninklijk besluit van 31 augustus 2005 betreffende het
gebruik van arbeidsmiddelen voor tijdelijke werkzaamheden op hoogte en artikel 434 van het
ARAB (Explanatory note on the consistency between Article 13 of the RD of 31/08/05
concerning the use of work equipment for temporary works at height and Article 434 of the
General Regulation on labour protection), http://www.werk.belgie.be/defaultTab.aspx?id=4244
 Tegenstrijdige voorschriften tussen KB gebruik arbeidsmiddelen bij tijdelijke werkzaamheden op
hoogte en KB gebruik van persoonlijke beschermingsmiddelen (Explanatory note on the
contradicting requirements between the RD on the use of work equipment for temporary works
at height and the RD on the use of personal protective equipment),

Brussels
Council Directive 89/656/EEC (PPE)
 Thematische toelichting over het koninklijk besluit van 13 juni 2005 betreffende het gebruik van
persoonlijke beschermingsmiddelen (Thematic explanatory note on the RD of 13 June 2005
concerning the use of personal protective equipment), 2005,
 DG Employment has published best practices on its website regarding personal protective
equipment, http://www.werk.belgie.be/moduleTab.aspx?id=630&idM=241
Council Directive 92/58/EEC (OSH signs)
 /
Directive 1999/92/EC (ATEX)
 Risico's van brand of explosie - Reeks SOBANE-strategie (Risks of fire or explosion– Series
SOBANE Strategy), 2006 http://www.werk.belgie.be/publicationDefault.aspx?id=3736
 DG Employment has published a best practice on its website regarding dealing with potentially
explosive atmosphere at a food mixing company.
http://www.werk.belgie.be/moduleDefault.aspx?id=36600
Council Directive 90/269/EEC (manual handling of loads)
 DG Employment has published a list of best practices on its website regarding the manual
handling of loads and health and safety risks related to them,
 Manueel behandelen van lasten - Gids om risico's te evalueren en te voorkomen (Manual
handling of loads – Guide to evaluate and prevent risks), 2008, guidance document for
employers, prevention advisers, etc.,
 Manueel behandelen van lasten - FIFARIM - Identificatiefiche van risicofactoren bij manuele
behandeling (Manual handling of loads – FIFARIM – Identification fiche for risk factors for
manual handling), 2008, http://www.werk.belgie.be/publicationDefault.aspx?id=21346
 Musculo-skeletale aandoeningen - Reeks SOBANE-strategie (Musculo-skeletal diseases – Series
SOBANE Strategy), 2007, http://www.werk.belgie.be/publicationDefault.aspx?id=12592
 Overleggids Deparis: Thuiszorg - Reeks SOBANE-Strategie (Consultation Guide Deparis –
home-care – Series SOBANE Strategy), 2008,
 Behandeling van lumbago in arbeidsgeneeskunde: aanbevelingen van goede praktijk (Lumbago
treatment in occupational medicine: recommendations of good practice), 2008,
 Lage rugpijn op het werk. Een handleiding voor de werkgever en de sociale partners (Lower
backache at work. A manual for the employer and the social partners), 2008,
 Werken in de gezinszorg: handleiding ter verbetering van de arbeidssituatie van verzorgenden
(Working in home-care: manual for the improvement of the working situation of carers, 2008,
 Preventie van musculoskeletale aandoeningen (Prevention of musculo-skeletal diseases), a series
of guidance documents was published for about 35 risk sectors for this type of disease, such as
roof workers, farmers, hospital personnel, etc.
 Preventie programma voor lage rugpijn (Prevention of lower back pain), prevention program

Brussels
provided by the Funds for Occupational Diseases aimed at offering advices and trainings on
good practices in the manual handling of loads. http://www.fmp-
fbz.fgov.be/prev/PREVENTIONDOS/index.html
Council Directive 90/270/EEC (display screen equipment)
 DG Employment has published a list of best practices on its website regarding the use of display
screen equipment, http://www.werk.belgie.be/moduleTab.aspx?id=626&idM=241
 Beeldschermwerk - Reeks SOBANE-strategie (display screen work – Series SOBANE Strategy),
Guidance document presenting the SOBANE Strategy for the management of employment-
related risks related to display screen work), 2006,
 Goede praktijk: Interactief hulpprogramma voor de inrichting van geïnformatiseerde
werkposten (Best practice: interactive programme for the set-up of digital work stations), best
practice identified by the authorities on the BESWIC platform whereby a public hospital made
available a computer programme/tool that allows a worker to set up his electronic work station
and make improvements with a view to improve their health and safety.
http://www.beswic.be/nl/good_practice/examples/isppc_chu_charleroi/index_html
 Globale lichaamstrillingen – Reeks SOBANE-strategie (General body vibrations – Series

SOBANE Strategy), Guidance document presenting the SOBANE Strategy for the management
of employment-related risks related to vibrations at the workplace,
 Hand-arm trillingen – Reeks SOBANE-strategie (Hand-arm vibrations – Series SOBANE
Strategy), Guidance document presenting the SOBANE Strategy for the management of
employment-related risks related specifically to hand and arm vibrations at the workplace,
 Preventiecampagne ‘Rugklachten ten gevolge van trillingen’ (Prevention campaign ´Back ache
complaints as a consequence of vibration´), awareness-raising campaign targeted at risk sectors,
organized by the labour inspectorate, http://www.beswic.be/nl/campaigns/campaign_vibrations/
Directive 2003/10/EC (noise)
 Vragen en antwoorden over het Koninklijk besluit van 16 januari 2006 betreffende de
bescherming van de gezondheid en de veiligheid van de werknemers tegen de risico’s van lawaai
op het werk (Questions and answers on the Royal Decree of 16 January 2006 concerning the
protection of health and safety of employers against the risks of noise at work,
 Lawaai - Reeks SOBANE-strategie (Noise – Series SOBANE Strategy), 2005, guidance
document, http://www.werk.belgie.be/publicationDefault.aspx?id=3716
 DG Employment has published a best practice on its website regarding dealing with noise,
Directive 2004/40/EC (electromagnetic fields)
 Veiligheidshandboek voor werkzaamheden aan of in de nabijheid van gsm-netwerkinfrastructuur

(Safety manual for works in or near a cell phone network infrastructure),
 Veiligheidsvoorschriften voor werkzaamheden aan of in de nabijheid van een gsm-
netwerkinfrastructuur (Safety prescriptions for works in or near a cell phone network
infrastructure), 2007, http://www.werk.belgie.be/publicationDefault.aspx?id=4190

Brussels
Directive 2006/25/EC (artificial optical radiation)
 Kunstmatige optische straling (Artificial optical radiation), 2011, guidance document presenting
the risks of optical radiation and of existing prevention measures for prevention advisers and
employees regularly exposed to artificial optical radiation,
Directive 2004/37/EC (carcinogens or mutagens)
 DG Employment has published a list of best practices on its website regarding carcinogens and
mutagens at the workplace, presenting examples implemented at companies for specific
chemical agents, http://www.werk.belgie.be/moduleTab.aspx?id=617&idM=241
Council Directive 98/24/EC (chemical agents at work)
 DG Employment has published a list of best practices on its website regarding chemical agents
at the workplace, presenting examples implemented at companies for specific chemical agents as
well as TOXPRO, a management tool for chemical risks at the workplace,
 Gevaarlijke stoffen: overzicht oude en nieuwe indeling (Hazardous substances: overview old and
new classification), 2011, guidance document presenting the new classification of hazardous
substances following the adoption of the CLP Regulation for employers, prevention advisers,
etc., http://www.werk.belgie.be/publicationDefault.aspx?id=35869
 Meting van de blootstelling aan styrene (Measuring exposure to styrene), 2007,
 Gevaarlijke chemische producten – Reeks SOBANE-strategie (Hazardous chemical products –
management of employment-related risks related to hazardous chemical agents at the workplace,
2005, http://www.werk.belgie.be/publicationDefault.aspx?id=3700
 Bepaling van de blootstelling aan lasrook bij het lassen van roestvrij staal (Determination of the
exposure to welding fume of stainless steel), 2005, guidance document for prevention advisers
and occupational doctors, http://www.werk.belgie.be/publicationDefault.aspx?id=4040
 Toxtrainer: handboek van de opleider (Toxtrainer: handbook of the trainer), 2004, training
manual for the education of prevention advisers in relation to hazardous substances at work,
 Informatienota´s chemische risico´s (Information notes chemical risks), providing information
about new measures aiming to prevent serious accidents in the chemicals sector, DG Chemical
risks, http://www.werk.belgie.be/publicationDefault.aspx?id=6588
 Lessen uit ongevallen (lessons learnt from accidents), information notes from DG Chemical risks
presenting past accidents and how to avoid their repetition in the future, DG Chemical risks,
http://www.werk.belgie.be/lesongeval.aspx
 Toxische gassen, laat je niet verrassen! (´Toxic gasses, do not get surprised!´), awareness-raising
campaign set up by the social partners on the risks of being exposed to toxic gasses when
working with containers in ports, airports, distribution centres, etc. The website contains
information on how to detect gases, which prevention measures to take, as employer and as
worker, and proposes the adoption of an action plan in the undertakings concerned with a view
to reduce the risk of exposure: http://www.toxischegassen.be/
 Planop (or Protection Layer Analysis and Optimisation), a web application developed by DG
Chemical risks with a view to assisting companies with their risk assessment methodology for
analysing the installations dealing with hazardous substances, http://planop.be/nl/ (software
available for download on the Planop website)
 Colloquium “Nanotechnologie en gezondheid op de werkvloer: een stand van zaken”, 2010,

Brussels
colloquium regarding the OSH aspects of nanotechnology.
http://www.beswic.be/nl/topics/chemicals_cancerigens_mutagenes_agents/nanotechnology/collo
quium_nano
 Seminarie “Working with nanomaterials: A seminar on policy, practice and the role of public
authorities in dealing with uncertain risks”, 2011, organized together with the Dutch and French
public authorities in charge of OSH,
http://www.beswic.be/nl/topics/chemicals_cancerigens_mutagenes_agents/nanotechnology/nano
materials_report_alone.pdf
 ACV Database of hazardous products. The Belgian labour union Algemeen Christelijk
Vakverbond (ACV) has developed a database of hazardous products regulated in Belgian OSH
legislation. The database can be searched and provides technical fiches of each chemical with
useful information such as related OSH signs, limit values for specific substances, health
surveillance requirements, symptoms of exposure, sectors where the chemical is used, etc.
http://www.acv-
online.be/ACVCSC.Internet.GevaarlijkeProdukten.WebUI/Search.aspx?LanguageID=1
 Vragen en antwoorden over KB 16/3/2006 betreffende de bescherming van de werknemers tegen

de risico’s van blootstelling aan asbest (Questions and answers on the Royal Decree of 16/03/06
concerning the protection of employees against the risks of exposure to asbestos at work, the
websites sets out very detailed and concrete information with regard to the content of the Royal
Decree on asbestos and its implementation in practice for a wide audience,
 Asbestinventaris en beheersprogramma (Asbestos inventory and management programme),
2008, guidance document for drafting and updating asbestos inventories in a company and a
management programme for prevention advisers, employers and for representatives of the
employees, http://www.werk.belgie.be/publicationDefault.aspx?id=5096
 Ásbest en vervangingsvezels´ (Asbestos and replacement fibres´), brochure by the National
Action Committee for Health and Safety at the construction company (Nationaal Actiecomité
voor Veiligheid en Hygiene in het Bouwbedrijf or NAVB) with prevention measures, a photo-
based catalogue, a presentation of the most common replacement fibres and practical
recommendations for dealing with asbestos-containing material at construction sites.
http ://navb.constructiv.be/nl/Welzijnsinfo/Publicaties/Zoeken/Detail.aspx?id=%7bC4E6168D-
DC6F-4E52-8886-29B36F901822%7d
 Asbestfonds (Asbestos Fund), a fund established by the federal government in 2007, under the
umbrella of the Fund for occupational diseases, providing indemnities to workers and other
persons who became ill as a consequence of asbestos exposure, http://www.fmp-
fbz.fgov.be/web/afa/afa_nl.php
Directive 2000/54/EC (biological agents)
 DG Employment has published a list of best practices on its website regarding biological agents
at the workplace, presenting an example risk assessment and a framework agreement concluded
at the European level with a view to present accidents as a consequence of working with sharp
objects in the public health sector,
 Biologische agentia en gezondheid op het werk: technische toelichting (Biological agents and
health at work: technical memorandum, 2007, guidance document providing more detailed and
concrete information regarding the Royal Decree on biological agents for employers, prevention
advisers, etc., http://www.werk.belgie.be/publicationDefault.aspx?id=3688
 Biologische agentia – Reeks SOBANE-strategie (Biological agents – Series SOBANE Strategy),

Brussels
Guidance document presenting the SOBANE Strategy for the management of employment-
related risks related to biological agents at the workplace, 2005,
Council Directive 92/57/EEC (temporary or mobile construction sites)
 De veiligheidscoördinatie op tijdelijke of mobiele bouwplaatsen, veelgestelde vragen (Safety

coordination on temporary or mobile construction sites, Frequently Asked Questions) 2009,
Guidance document for construction sites managers, architects, employers, etc.,
 Lever veilig (´Deliver safely´), awareness-raising campaign for the construction sector with
the objective of informing about the risks and preventive measures related to the delivery of
constructions materials, 2012, by the National Action Committee for Safety and Health in the
construction company (NAVB). The campaign consists of various tools, including
communication tools aiming to raise awareness, guidance documents, best practices and
toolbox notes for workers,
http://navb.constructiv.be/nl/Campagnes_en_acties/Lever_veilig.aspx
 Gun kwartsstof geen ademruimte! (No breathing room for Quartz!), awareness-raising
campaign for the construction sector with the objective of raising awareness for the issue and
ensuring that construction workers are less exposed to quartz , 2010, by the National Action
Committee for Safety and Health in the construction company (NAVB). The campaign
consists of guidance documents and communication tools as well as information visits at
construction sites, http://navb.constructiv.be/nl/Campagnes_en_acties/Kwartsstof.aspx
 De campagne Afwerking (Finishings campaign), awareness-raising campaign for the
finishings sector with the objective of raising awareness of safety and health risks in this
sector and ensuring that workers are less exposed to occupational accidents, 2008, by the
National Action Committee for Safety and Health in the construction company (NAVB). The
campaign consists of guidance documents and communication tools as well as information
visits at construction sites and checklists for the specific types of workers in this sector,
http://navb.constructiv.be/nl/Campagnes_en_acties/Afwerking.aspx
 De campagne Wegenwerken (Roadworks campaign), awareness-raising campaign for the
sector of roadworks with the objective of raising awareness of safety and health risks in this
sector and ensuring that workers are less exposed to occupational accidents, 2006-2009, by
the National Action Committee for Safety and Health in the construction company (NAVB).
The campaign consisted of a campaign charter signed by 90 undertakings with a view to
promote OSH within their company, information sessions, site visits and a media campaign,
http://navb.constructiv.be/nl/Campagnes_en_acties/Wegenwerken.aspx
 De campagne Dakwerken (Roof works campaign), awareness-raising campaign for the sector
of roof works with the objective of raising awareness of safety and health risks in this sector
and ensuring that workers are less exposed to occupational accidents, 2006-2009, by the
National Action Committee for Safety and Health in the construction company (NAVB). The
campaign consisted of a campaign charter signed by 375 contractors with a view to promote
OSH on their site and implement an action plan, information sessions, site visits and a media
campaign, http://navb.constructiv.be/nl/Campagnes_en_acties/Dakwerken/Verloop.aspx
 Werken op hoogte (Working at height), guidance documents for workers in this sector:
http://navb.constructiv.be/nl/Campagnes_en_acties/Werken_op_hoogte.aspx
Council Directive 92/85/EEC (pregnant/breastfeeding workers)
 Wegwijs in werk en ouderschap (Guidance for work and parenthood), 2012, guidance
document on protection measures for parents or expecting parents,

Brussels
Council Directive 94/33/EC (young people at work)
 Interpretatieve nota betreffende de wijziging van het koninklijk besluit van 3 mei 1999
betreffende de bescherming van de jongeren op het werk door het koninklijk besluit van 23
oktober 2006 (Interpretative note concerning the modification of the Royal Decree of 3 May
1999 on the protection of young people at work through the RD of 23 October 2006),
 Safe start, website on health and safety for young people at work, set up by DG Employment
and the prevention institutes, http://www.safestart.be/nl
For each identified document/action, the table indicates:
 The name of the action

 The type of accompanying action: guidance (G)/awareness-raising programme (AR)/support
tool (IT) financial incentive (FI)/ education and training actions (ET);
 The entity who initiated it: authorities (A)/social partners (SP);
 The target groups of the action: specific sectors, specific groups, SMEs.
Table 4- 1 Accompanying Actions
Name Initiated by
Type Target groups
(and date)
BESWIC Online platform with information on OSH Public, in particular
employers, workers,
IT A
prevention advisers,
researchers
Best practices : about 50 concrete case studies of A(ongoing,
Employers and prevention
best practices in various sectors fiches are
advisers: specifically
G published
covering about 50 specific
every
situations or sectors
year)
Feel good at work Persons at risk of
AR A (2012) psychosocial stress at work,
employers, doctors
Alcohol and drugs: guidance document for Employers and prevention
IT A (2012)
preventive policy at work advisers
Practical guidance for the OSH Committee Committee for prevention
G A (2012)
at work (OSH Committee)
Age-conscious employment policy – psychosocial Employers and prevention
G A (2012)
risks advisers
First Aid at work Employers, prevention
G A (2011)
advisers and workers
Psychosocial aspects in risk management strategies G A (2010) Employers
The risk assessment G A (2009) Employers
Guidance in the prevention of psychosocial stress at Employers and prevention
G A (2009)
work advisers
Guidance on conflict prevention at work Employers and prevention
G A (2009)
advisers
Tools for obtaining better insight in ageing at work Employers and prevention
G A (2009)
advisers
Guidance on the OSH Law Employers and prevention
G A (2008)
advisers

Brussels
Name Initiated by
Type Target groups
(and date)
Guidance document om the management of Employers and prevention
G A (2007)
employment-related risks advisers
Guide for the diagnosis of relational pain at work Employers and prevention
IT A (2007)
advisers
Health and Safety at work, Vademecum Employees, prevention
G SP
advisers
Preventive Advice Programme Employers, prevention
IT A
advisers
Council Directive 89/654/EEC (workplace)
Information notes Employers, prevention
G A
Thermal environment factors brochure Employers, prevention
G A (2013)
Electricity – Series SOBANE Strategy Employers, prevention
G A
Safety (accidents, falling – Series SOBANE Strategy Employers, prevention
G A
Staff facilities – Series SOBANE Strategy Employers, prevention
G A
Directive 2009/104/EC (work equipment)
Best practices relating to work equipment Employers, prevention
G A
Good safety practices in the agriculture sector Workers and employers in
G A
the agricultural sector
Machinery and equipment – Series SOBANE Strategy Employers, prevention
G A
advisers and employees
Calculation note scaffolding Employers and prevention
G A
advisers
Explanatory notes Employers and prevention
G A
advisers
Explanatory notes Employers and prevention
G A
advisers
Best practices Employers and prevention
G A
advisers
No Directive specific action available - - -
Risks of fire or explosion– Series SOBANE Strategy Employers, prevention
G A (2006)
Risks of fire or explosion– Series SOBANE Strategy Employers, prevention
G A (2006)
G A
advisers
G A
advisers
Manual handling of loads – Guide to evaluate and Employers, prevention
G A (2008)
prevent risks advisers and workers
Identification fiche for risk factors for manual Employers, prevention
handling advisers, professional
G A (2008) doctors, ergonomists, safety
engineers, members of the
OSH Committees
Musculo-skeletal diseases – Series SOBANE Strategy Employers, prevention
G A (2007)
Consultation Guide Deparis – home-care – Series G A (2008) Employers, prevention

Brussels
Name Initiated by
Type Target groups
(and date)
SOBANE Strategy advisers and workers
Lumbago treatment in occupational medicine: Prevention advisers and
G A (2008)
recommendations of good practice doctors
Lower backache at work. A manual for the Employers and social
G A (2008)
employer and the social partners partners
Working in home-care: manual for the improvement
G A (2008) Workers in the care sector
of the working situation of carers
Prevention of musculo-skeletal diseases G A Workers in risky sectors
Prevention of lower back pain ET A (2007-…) Workers
display screen work – Series SOBANE Strategy Employers, prevention
G A (2006)
Best practice: interactive programme for the set-up
G, IT A Employers and workers
of digital work stations
General body vibrations – Series SOBANE Strategy Employers, prevention
G A
Hand-arm vibrations Employers, prevention
G A
Prevention campaign « back complaints as a
G A Employers and workers
consequence of vibration »
Q&A G A Employers and workers
Noise – Series SOBANE Strategy Employers, prevention
G A (2005) advisers, OSH Committees
and occupational doctors
Best practice G A Employers and workers
Safety manual G A Employers and workers
Safety instructions G A Employers and workers
Artificial optical radiation Prevention advisers and
G A (2011)
workers
Best practices Prevention advisers and
G
workers
Best practices Prevention advisers and
G A
workers
Hazardous substances: overview old and new
G A (2011) Prevention advisers
classification
Measuring exposure to styrene Prevention advisers,
G A (2007) occupational doctors and
OSH Committees
Hazardous chemical products – Series SOBANE Employers, prevention
Strategy G A (2005) advisers, OSH Committees
Determination of the exposure to welding fume of Prevention advisers and
G A (2005)
stainless steel occupational doctors
Employers, prevention
G A
Information notes chemical risks advisers and workers
Toxic gasses awareness-raising campaign Employers, prevention
AR SP (2011)
Planop risk assessment software IT A (2012) Employers
Colloquium Nanomaterials at the workplace Employers, prevention
AR A (2010) advisers, social partners
and workers
Seminar Nanomaterials at the workplace AR A (2011) Employers, prevention

Brussels
Name Initiated by
Type Target groups
(and date)
advisers, social partners
and workers
ACV Database of hazardous products IT SP Workers
Q&A Employers, prevention
G A
Asbestos inventory and management programme Employers, prevention
G A (2008)
advisers
Asbestos and replacement fibres Employers, prevention
G SP (2013)
advisers
Best practices Employers, prevention
G A
Biological agents and health at work: technical Employers, prevention
G A (2007)
memorandum advisers
Biological agents – Series SOBANE Strategy Employers, prevention
G A (2005) advisers, OSH Committees
FAQs Safety Coordination on construction sites Construction sector:
workers, contractors,
G A (2009)
architects, safety
coordinators
Deliver Safely, NAVB awareness-raising campaign Construction sector:
G,
producers, suppliers,
AR, SP(2012)
contractors, safety
IT
coordinators
No breathing room for Quartz!, NAVB awareness- G,
Workers and employers in
raising campaign AR, SP(2010)
the construction sector
ET
Finishings campaign, NAVB awareness-raising G,
Workers and employers in
campaign AR, SP(2008)
the finishings sector
ET
Roadworks campaign, NAVB awareness-raising AR, SP(2006- Workers and employers in
campaign ET 2009) the roadworks sector
Roof works campaign, NAVB awareness-raising AR, SP(2006- Workers and employers in
campaign ET 2009) the roof works sector
Working at height: guidance documents Workers, contractors and
G SP(2010) prevention advisers on sites
with works at height
Council Directive 92/104/EEC (surface and underground mineral-extracting industries)
Council Directive 92/91/EEC (mineral-extracting industries through drilling)
Council Directive 92/29/EEC (medical treatment on board vessels)
Council Directive 93/103/EC (work on board fishing vessels)
Guidance for work and parenthood Parents and expecting
G A (2012) parents at work
Council Directive 91/383/EEC (temporary workers)
Brochure on OSH for temporary workers G SP (2011) Temporary workers
Interpretative note Employers, prevention
G A (2006)
advisers

Brussels
Name Initiated by
Type Target groups
(and date)
Safe start website IT A Young workers
4.2 USE OF ACCOMPANYING ACTIONS
The following information was gathered during interviews.
Inputs from interviews with stakeholders
Overall, sectoral tools, checklists, trainings, expertise and financial incentives are more effective than
brochures aimed at raising awareness. Practical tools, forms and check-lists that enable employers to
comply with OSH obligations are considered by stakeholders as the most useful accompanying
actions. The practical approach that aims at providing sectoral templates for risk assessment (e.g.
OIRA, SOBANE, and DEPARIS) is welcomed by all stakeholders that recognize the potential for
simplification and gain of time of such tools. The SOBANE strategies are especially useful in guiding
employers through the drafting of a global risk analysis, and the subsequent incorporation of its
conclusions in a holistic OSH strategy.
Stakeholders however highlighted that only companies where there is a trained prevention adviser, are
aware and using the aforementioned accompanying actions (for more details on companies with
trained prevention adviser, see Table 3-2 - Approaches to compliance).
Two issues arise from that conclusion. First, companies that have trained prevention adviser only
constitute about 3% of Belgian companies according to the association of services for prevention and
protection. These 3% are mostly large establishments. Secondly, support tools such as the SOBANE
strategies and DEPARIS methods that are initially designed to assist SMEs in complying with Belgian
OSH legislation, are described as comprehensive and helpful yet complex (important number of
annexes, forms, etc.). In the light of this complexity, implementing these support tools requires
training. Such support is granted by the national authorities, federations of workers’ representatives
and federation of employers’ representatives. Accordingly, the SOBANE strategies have proven to be
extremely useful and valuable in companies aware of the existence of these tools and trainings, and
with the capacity of having one worker dedicated to implementing an OSH policy. As a result it is
deplored by stakeholders that tools addressed to SMEs have often not managed to reach the targeted
audience. Despite the possibility of increased awareness in the public sector about those tools,
interviewees did not report differences in the use of accompanying actions between the private and the
public sectors.
Various actors (national authorities, workers’ representatives, employers’ representatives, funds,

association of prevention services, prevention services, etc.) publish brochures that fail to reach
establishments other than large companies.
4.3 GAPS
The following information was gathered during interviews.
Stakeholders called for the development of additional practical documents per sector, especially for
SMEs, guiding them through the drafting of risk assessments. In that respect, some stakeholders
stressed that it is more efficient to highlight and target one topic (risk) per year than to publish
extensive reports and brochures. Given the overall lack of risk assessments across all sectors and

Brussels
groups of workers, supporting companies in conducting risk assessment and integrating them in a
global OSH policy is considered by all stakeholders a priority. Accordingly stakeholders urged
national authorities, both national and European, to provide more financial incentives.
Conversely stakeholders representing employers stressed that there is no need for developing a
checklist and strategy for each sector. According to them the existing framework provided by OIRA,
DEPARIS and SOBANE is sufficient for every sector to develop the tools by themselves. Labour
inspectorates concurred in the sense that the involvement of employers of the sector is crucial for the
effectiveness of such sectorial strategies. It was reported that strategies and tools developed at higher
level do not reach employers that are neither trained nor supported in their OSH obligations by
dedicated and trained prevention advisers.

Brussels
5 MAPPING QUESTION 5: ENFORCEMENT
The following section provides information on enforcement of the 24 directives. It describes the
structure in place for enforcement.
In Belgium, the main authority in charge of OSH legislation enforcement is the Directorate General
for the Control of Well Being at Work under the Federal Public Service for Employment, Labour and
Social Dialogue, and its eight regional directorates. Within the Directorate General for the Control of
Well Being at Work, the Department for control on chemical risks is specifically responsible for
chemical risks, hence for the four chemical-related OSH directives. With regard to the two mineral-
extracting directives, the competent authority for enforcement is the Federal Public Service Economy.
For the two directives on vessels, it is the Federal Public Service Mobility who is responsible.
In terms of statistical information on inspections, from 2007 to 2012, the number of inspectors has
remained fairly constant, while the number of inspections has decreased from 924 to 856, which may
be explained partly by the fact that the number of workers per inspector has slightly increased from
25730 to 26779, in the same period. In terms of sectors, interestingly ‘public administration and
defence, social security’ is one of the sectors with the highest number of inspections, just after sales
and wholesale trade.
The strategies for inspections are developed by the Directorate General for the Control of Well Being
at Work and their implementation is reviewed on a yearly basis. Priorities are set in terms of the size
of the companies targeted, sectors, groups of workers, type of risks, existence of specific organs in
charge of the surveillance of the well-being of workers, presence at work. The main criteria to set
those priorities are the risk assessment, the results of inspections and European strategic documents.
The Directorate General also organises specific inspection campaigns e.g. on storage of inflammable
substances in sales areas, on the use of chemical agents in formulating companies or in construction
projects.
The legislation sets both criminal and administrative sanctions for non-compliance with OSH
requirements. Criminal sanctions are mostly fines, with imprisonment sanctions being the exception
(for some infringements in relation to legislation on young people at work and the framework
legislation in case of obstruction to inspection or non-compliance with the measures imposed by the
social inspectors). In some cases, the judge may impose other type of sanctions such as operating
prohibition, professional exclusion or closure of the establishment. Administrative fines can also be
imposed. In general, stakeholders acknowledged the limited number of labour cases going to courts,
which can be explained by the fact that criminal proceedings are initiated only if the victim is not
covered by insurance schemes. Conversely 76% of the number of reported infringements led to the
imposition of an administrative fine.
Structure for enforcement
The table below provides a list of the bodies in charge of enforcement in the Member State, by
Directive if applicable.
Table 5- 1 Enforcement authorities
Name Type of authority

The FPS ELS is the ministry in charge with
FPS ELS - Federal Public Service for Employment, Labour Employment and Labour conditions in
and Social Dialogue (Federale Overheidsdienst general as well as OSH more specifically. Its
Werkgelegenheid, Arbeid en Sociaal Overleg) inspecting bodies with regards to OSH law
are the social inspectors of the Directorate

Brussels
General for the Control of Well Being at Work
(Algemeen Directie Toezicht Welzijn op het
Werk) (‘AD TWW’). The Directorate General
for the Humanisation of Work (Algemene
Directie Humanisering van de Arbeid) (‘AD
HUA’) can request the AD TWW to carry out
specific inspection visits, for example
following notifications that it has received or
following demands of certification.
Under the federal AD TWW, eight regional

directorates exist for the regions of Antwerp,
Brussels-Capital, Western Flanders, Eastern
Flanders, Liège, Namur-Luxemburg-Walloon
Brabant, Flemish Brabant – Limburg, and
Hainaut.
The judicial bodies in charge of OSH

contentious matters are the Labour Tribunal
and the Labour Court (civil action) and the
criminal courts (criminal action). A case can
also be settled through a mediation
procedure lead by the Labour Auditor.
FPS ELS - Federal Public Service for Employment, Labour
and Social Dialogue (Federale Overheidsdienst Same as FD
Werkgelegenheid, Arbeid en Sociaal Overleg).

Brussels
Within AD TWW, the Department for control
on chemical risks (Afdeling voor het toezicht
and Social Dialogue (Federale Overheidsdienst
op de chemische risisco´s) is in charge of
chemical risks specifically.
Federal Public Service Economy (Federale
Overheidsdienst Economie, K.M.O., Middenstand en Ministry
Energie)
Federal Public Service Economy (Federale
Overheidsdienst Economie, K.M.O., Middenstand en Ministry
Energie)
Federal Public Service Mobility (Federale
Ministry
Overheidsdienst Mobiliteit)
Federal Public Service Mobility (Federale
Ministry
Overheidsdienst Mobiliteit)

Brussels
The main enforcement authority is the AD TWW that is part of the Federal Public Service (ministry)
Employment. Its Division on Regional Control of well-being supervises the application of the OSH
law and related decrees through eight regional directorates on the control of well-being at work. It
coordinates the work of the eight regional directorates.
When an infringement of OSH legislation is established, the social inspectors draft a formal report of
infringement (procès-verbal). Where the labour auditor decides not to initiate judicial proceedings
before the criminal court, the auditor brings the case to the direction for administrative fines (Direction
des amendes administratives)101. The direction of administrative fine provides the employer with the
possibility to communicate its arguments orally or in written before deciding whether or not
infringement is established. Where infringement is demonstrated, an administrative fine will be
imposed to the employer102.
1. Stakeholders stressed the limited number of labour cases going to courts. According to them,
the insurance schemes are such that once the victim has received compensation, legal
proceedings are stopped.
2. Criminal proceedings are only initiated where the victim is not covered by insurance schemes
and hence need to demonstrate evidence of damage and fault in order to obtain compensation
through civil liability schemes. Such cases concern mostly undeclared workers and mock
independents.
3. With regards to the statistics on inspection, it is noteworthy that under the current reporting
system, compliant organisations are not always reported.
4. Workers’ representatives, employers’ representatives and prevention organisations,
systematically reported the crucial need for a greater number of inspections to be carried out.
5. Stakeholders urged OSHA to take a more compelling part in the enforcement process at
national and EU levels.
6. No differences were reported between the private and the public sectors.
Inspections
Statistical Information
The table below provides information on the statistical data available in relation to inspections in order
to gain an understanding of the level of enforcement activities in Belgium. Technical exploitation
units (TEU) are the entities at the level of which the control and application of requirements relating to
health and safety at work take place under Belgian legislation.
101
Social Criminal Code, Articles 68-72.
102
Social Criminal Code, Articles 74-91.

Brussels
Table 5- 2 Inspections statistical data
Number of Number of Comments

Number of
workers per inspections Frequency of
Year labour
labour per 100.000 inspections106
inspectors103
inspector104 workers105
2007 145 25730 924 55,16% of The numbers of
2008 150,4 940 undertakings inspectors
25356
participating in correspond to
2009 148,1 25432 956 ESENER were subject the total
2010 145,1 26493 871 to an inspection numbers of
2011 148,7 845 once in the past 3 inspectors in
25988
years. Belgium. It
2012 144,7 26779 856
Employees % includes central
services,
10-19 47.71
regional controls
20-49 62.06 and control of
55.82 chemical risks
50-249
(major
250-499 73.03 accidents and
+500 75.19 laboratory of
industrial
toxicology). For
Sector %
focus by area or
Productive 63.44 sector of
industry activity, please
Private 52.3 see Table 5-3
services below.
Public 53.81
services
Resources in the AG TWW have decreased over the past years as a result of a greater number of
departures (mostly through retirement) than arrivals of new labour inspectors107.
Table 5- 3 Number of inspections per sector in Belgium
Sector/Year in number of TEU inspected108 2007109 2008 2009 2010 2011 2012
Sales (except cars) 834 1026 1204 1326 1198 1322

Wholesale trade (except cars) 940 1006 1044 1137 1060 1031
Public administration and defence, social security 1018 762 815 950 774 939
Specialised building work 1033 732 789 801 953 803
Extraction of other minerals 818 959 663 677 641 625
Manufacturing of metal products, excluding machines 695 745 659 630 766 616
and appliances
103
Expressed as full-time equivalents (FTEs), FPS ELS (AG TWW), Annual Reports,2007-2012 ; National Implementation
Report for Belgium, Part A, Section 1.
104
FPS ELS (AG TWW), Annual Reports,2007-2012 ; National Implementation Report for Belgium, Part A, Section 1.
105
National Implementation Report for Belgium, Part A, Section 1.
106
Data only available for the period covered by the ESENER Survey 2009, covering the three-year period of the survey,
MM170.
107
FPS ELS , National Strategy for the Well-Being at Work 2008-2012 l ; FPS ELS (AG TWW), Annual Reports, 2007-
2012.
108
FPS ELS (AG TWW), Annual Reports, 2007-2012Annex II.
109
The classification for the years prior to 2008 follows a different terminology.

Brussels
Education 318 270 312 434 329 541

Manufacturing of food products 592 573 581 476 496 540
Wholesale and reparation of cars 485 407 458 1137 544 490
Restaurants, and other catering facilities -110 187 177 198 239 441
Manufacturing of other mineral products (non-metallic) 564 536 432 328 360 391
Road transport and driving services 394111 392 378 378 423 356
Social services with accommodation -112 256 284 314 324 329
Storage and other activities related to transportation of 362 310 312 345 373 326
goods
Services related to construction and landscaping -113 242 206 247 314 310
Social services without accommodation -114 189 230 268 303 290
Building construction, project development -115 277 295 257 339 284
Manufacturing of machinery, appliances and tools 211 258 215 189 291 247
Manufacturing of rubber or plastic products 260 249 292 198 249 243
Hosting service 218116 49 44 66 48 243
Health services 924117 252 242 248 275 238
Collect, treatment and elimination of waste, recycling 191 170 153 135 156 195
Other personal services 95 101 140 104 153 172
Printing, copying and recorded medias 155 169 199 134 119 160
Supply services of personnel - 82 174 128 163 172
Culture of plants, livestock, hunting and related services 117 76 63 88 110 145
Wood industry and wood product manufacturing 218 206 219 278 165 133
(excluding furniture)
Manufacturing of textiles 237 181 122 115 80 123
Manufacturing of metals 112 133 106 120 119 120
Manufacturing of furniture 187 146 164 159 122 116
Manufacturing of chemical products 210 176 129 112 163 116
Construction of roads and hydraulic works -118 117 128 91 131 109
Associations 44 57 66 76 66 108
Architects and engineers, technical tests and controls -119 96 110 79 136 103
Administrative activities and office support activities - 54 94 91 70 91
Sports and leisure 130 52 45 70 70 89
Computer programming, and related counselling activities 7 43 40 51 80 80
Registered office (siege social); management services - 38 44 43 81 74
Reparation and installation of appliances 71 104 83 96 79 71
Manufacturing and assembling of vehicles 124 86 73 69 58 64
Financial services, except insurances and pension funds 19 36 48 68 63 59
Renting and leasing 37 58 46 72 85 55
Manufacturing of paper and similar articles 94 103 92 76 70 50
Real estate and market study agencies (and publicity) 47 31 54 32 56 50
Production of beverages - 51 72 56 80 47
Manufacturing of electric appliances - 89 73 83 69 47
Other industries 42 58 46 48 55 47
Scientific research and development 23 35 31 18 17 45
Posting activities - 38 44 35 20 44
110
See “Hosting Services” which includes restaurants.
111
Includes all terrestrial transportation including transportation through pipelines.
112
See “Health services” which includes social security activities.
113
See “Specialised building work” which includes all construction activities.
114
See “Health services” which includes social security activities.
115
116
Including restaurants.
117
Including social security activities.
118
119

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Exploitation and trade of real estate - 51 67 37 56 42

Libraries, archives, museums and other cultural activities - 20 23 28 36 42
Production and distribution of electricity, gas, vapour and 55 56 63 38 49 38
air conditioning
Legal counselling and accountancy activities - 25 33 20 26 36
Manufacturing of clothes 32 51 26 20 21 34
Creative, artistic and entertainment activities - 14 24 25 31
Support activities for insurance and pension funds 25 10 10 15 22 30
companies
Manufacturing of commodity-type and pharmaceuticals 37120 42 55 26 34 29
products
Manufacturing of IT products 32 53 48 34 46 29
Air transport 10 18 13 9 14 24
Other specialized scientific and technical activities - 12 15 20 17 22
Travel agencies and related activities - 10 12 5 15 22
Manufacturing of other vehicles - 26 14 16 25 20
Safety and investigation services - 8 20 25 20 2
Telecommunication 65 24 22 15 24 19
Reparation of computers and other commodities - 11 11 13 13 19
Extraction, treatment and distribution of water 41 14 14 18 27 18
Film making, video and music production, and related - 11 22 17 9 18
activities
Manufacturing of leather and leather products 6 5 2 4 9 14
Information and data services 60 17 12 25 21 14
Publishing houses - 16 13 15 10 13
Programming and broadcasting of radio and television - 10 9 8 6 12
broadcasts
Wastewater treatment disposal - 3 11 12 13 10
Forestry 12 17 15 22 10 8
Manufacturing of coke and refined petroleum products 21 6 5 2 5 7
Waste treatment and disposal - 4 5 11 10 7
Waterway transport 6 17 6 27 7 6
Extraterritorial organisations 4 - 7 5 6 6
Insurance companies, and pension funds 5 - 5 11 13 5
Veterinary services - 4 8 9 11 5
Manufacturing of tobacco products 11 7 10 10 6 4
Household manufacturing activities for internal use - 1 1 1 - 4
Lottery and gambling services - 8 8 - 3 2
Households as employers of private servants 4 8 2 12 3 2
Aquaculture 7 5 6 1 3 -
Extraction of petroleum and gas 1121 7 - - 1 -
Support activities to the mining sector - 5 3 1 1 -
Extraction of metallic minerals 1 9 2 - - -
Coal extraction and related activities 5 1 - - - -
Other industrial activities 675
Strategies for inspection
Strategies for inspections are established by the AD TWW through annual operational plans organised
around operational norms. These operational norms set various objectives in terms of number of
inspections, specific priorities during inspections and methodology. The operational plans are applied
by the eight Regional Directorates for the Control of Well-Being at Work, hence covering the entire
120
Manufacturing of “medical equipment”.
121
Extractive industries.

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Belgian territory. These plans are applicable for inspections of all employers, notwithstanding specific
actions and campaigns targeting certain sectors and type of companies (such as temporary or mobile
construction sites).
For the period 2008-2012, these annual operational plans were part of a larger strategy: the National
Strategy for the Well-Being at Work 2008-2012 (Stratégie Nationale en matière de Bien-Être au
Travail 2008-2012). Each year, a reviewing report assesses the results obtained in application of the
operational plan.
Beside the national plans established by the AD TWW, AD HUA runs campaigns related to the
promotion of well-being at work connected to the inspection campaigns of the AD TWW. These
promotional campaigns follow annual national strategies.
The box below provides a short description of the strategic documents for enforcement.
Strategic documents for enforcement
 National Strategy for the Well-Being at Work 2008-2012 (Stratégie Nationale en matière de
Bien-Être au Travail 2008-2012)122
 Annual Operational Plans
 Annual Reports on the Control of Well-Being at Work123 :
o Annual Report on the Control of Well-Being at Work 2012
Annual Report on the Control of Well-Being at Work 2007
 Specific Inspection Campaigns124

o July-October 2013 : Storage of inflammable substances in sales areas
o April-June & September-December 2012 : Technical and Vocational High School
Education
o September-December 2011 : Welding fumes
o June-September 2011: Safe and sound maintenance
o September 2010- June 2011 : Use of chemical agents in formulating companies
o January- May 2011 : Renting of work equipment for the lifting of persons
o September -November 2010 : Car body manufacturing
o April-August 2010 : Public services as contracting authority in the construction sector
o February-March 2010 : Wood transforming sector
o November 2009- January 2010 : Garages
o September-November 2009 : Construction projects
o May-June 2009 : Temporary workers
o February-March 2009 : Back pain related to vibrations at work
 AD HUA Annual Strategies on the Promotion of Well-Being at Work125
The table below presents how priorities are set within strategic documents for inspections in relation to
the different topics covered by the OSH Directives.
122
FPS ELS, National Strategy for the Well-Being at Work 2008-2012
123
FPS ELS (AD TWW), Annual Reports.
124
FPS ELS (AD TWW), Inspection campaigns.
125
FPS ELS (AD HUA), Programmes.

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Table 5- 4 Data on enforcement strategy126
Priorities set in terms of

size of sectors groups or other criteria
companies workers
targeted
    Existence of specific organs in charge with the surveillance
of the well-being of workers
 Presence at work
 Type of risks
Priorities set on the basis of
risk assessment result of Others
inspections
   European Strategy for Health and Safety at Work 2007-2012
 OSHA Strategy 2009-2013
 Programme 2007-2013 of the European Social Fund
Sanctions
The table below presents the type and level of sanctions provided by law for infringements as defined
in the national legislation for each of the Directive covered in the study for both criminal and
administrative sanctions.
Table 5- 5 Result table – type and level of sanctions
Criminal sanctions (and quasi-

Offence under national Administrative sanctions – Types
criminal when relevant) – Types
legislation and levels of penalties
and levels of penalties
The employer or his Sanctions in the Social Criminal Level 2
representative who carries out Code are classified into four An administrative fine of 25 to
health surveillance in violation of levels. Below, the level and 250 EUR.
the Law, i.e. to obtain sanctions associated with the
information that is not related to level are specified. As explained, the amount of the
the current health situation of an Level 2 fine is multiplied by a factor
employer in relation to the A criminal fine of 50 to 500 EUR. reflecting inflation.
specific requirements of his or Important: The levels of financial
her job, or the lack of sanctions in Belgium reflected in
appropriate qualifications of the laws shall be multiplied by a
person carrying out the health factor which reflects inflation.
surveillance. (Art. 117 Social The current factor of
Criminal Code) multiplication of all fines is 6. In
practice, this means that the
current level of the sanction
would be 300 to 3000 EUR.127
Violence or harassment at work Level 4 Level 4
(bullying or unwanted sexual Imprisonment of 6 months to An administrative fine of 300 to
behaviour, (Art. 119 Social three years and a criminal fine of 3000 EUR.
Criminal Code) or the non- 600 to 6000 EUR or one of these
126
FPS ELS (AD TWW), Annual Reports; FPS ELS (AD HUA), Programmes
127
This is only specified for the first row, but applies for all financial sanctions, both criminal and administrative, contained
in the Social Criminal Code.

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compliance with a judicial sanctions individually.
decision to end such violence or The judge may moreover impose
harassment (Art. 120 Social the sanctions set out in Article
Criminal Code) 106 and 107 of the Social
Criminal Code which include an
operating prohibition,
professional exclusion or closure
of the establishment.
The employer who has not taken Level 2 Level 2
the necessary preventive A criminal fine of 50 to 500 EUR. An administrative fine of 25 to
measures against violence and 250 EUR.
harassment at work or
preventive measures that do not
comply with the legal
requirements. (Art. 121 Social
Criminal Code)
Infringement of obligations Level 1 Level 1
regarding the protection of / An administrative fine of 10 to
employees against violence or 100 EUR.
harassment, such as not taking
consideration of complaints in
this regard (Art. 122 Social
Criminal Code)
The employer or his Level 3 Level 3
representative who has violated A criminal fine of 100 to 1000 An administrative fine of 50 to
the provisions of the OSH Law EUR. 500 EUR.
and its implementing decisions. The level of the sanction of the
sanction is increased to level 4
when it has had damage to
health or an occupational
accident as a consequence.
The judge may moreover impose
the sanctions set out in Article
106 and 107 of the Social
The employer in whose Level 3 Level 3
establishment contractors or A criminal fine of 100 to 1000 An administrative fine of 50 to
subcontractors have performed EUR. 500 EUR.
work activities, in violation of The level of the sanction of the
Article 9(1) or 10(1) of the OSH sanction is increased to level 4
Law. when it has had damage to
These articles set out detailed health or an occupational
OSH requirements for accident as a consequence.
contractors and subcontractors. The judge may moreover impose
Obstruction to inspection Level 4 Level 4
Imprisonment of 6 months to An administrative fine of 300 to
three years and a criminal fine of 3000 EUR.
600 to 6000 EUR or one of these
sanctions individually.

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Non-compliance with the Level 4 Level 4
measures imposed by the social Imprisonment of 6 months to An administrative fine of 300 to
inspectors. three years and a criminal fine of 3000 EUR.
600 to 6000 EUR or one of these
sanctions individually.
representative who has violated A criminal fine of 100 to 1000 An administrative fine of 50 to
the provisions of the OSH Law EUR. In practice, taking account 500 EUR. In practice, this would
and its implementing decisions. of the current multiplication amount today to a fine of 300 to
factor128, this would amount to a 3000 EUR.
Note: There are no specific fine of 600 to 6000 EUR.
sanctions applicable for The level of the sanction of the
infringement of the Workplace sanction is increased to level 4
RD : the general provisions laid when it has had damage to
down in the Criminal Social health or an occupational
Code apply. accident as a consequence.
Same as above.
representative who has violated
the provisions of the OSH Law
and its implementing decisions.
(see Workplace Directive)
128
See row on Framework Directive: The levels of financial sanctions in Belgium reflected in laws shall be multiplied by a
factor which reflects inflation. The current factor of multiplication of all fines is 6.

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1) The client, construction 1) Level 3 1) Level 3
director in charge of An administrative fine of 50 to
carrying out the works or in A criminal fine of 100 to 1000 500 EUR.
charge of supervising the EUR. 2) Level 1
works, his or her mandated The level of the sanction of the
replacement, the sanction is increased to level 4 An administrative fine of 10 to
contractor, subcontractor, when it has had damage to 100 EUR.
employer or OSH health or an occupational
coordinator who do not accident as a consequence.
comply with the
requirements of the OSH The judge may moreover impose
Law dealing with temporary the sanctions set out in Article
and mobile construction 106 and 107 of the Social
sites and the requirements of Criminal Code which include an
the implementing RDs operating prohibition,
applicable to workers on professional exclusion or closure
temporary or mobile of the establishment.
construction sites. (Article
131 Social Criminal Code) 2) Level 1
2) The person presenting
himself at a construction site /
who does not immediately
and daily register, in
violation of Article 31 sexies
(1) of the OSH Law. (Article
131/1 Social Criminal Code)
The person infringing the Level 3 Level 3
requirements of the law on An administrative fine of 50 to
mining, and extraction industries A criminal fine of 100 to 1000 500 EUR.
coordinated on 15 September EUR.
1919. (Art. 124 Social Criminal The level of the sanction of the
Code) sanction is increased to level 4

The person infringing the Level 3 Level 3
requirements of the law on An administrative fine of 50 to
mining, and extraction industries A criminal fine of 100 to 1000 500 EUR.
coordinated on 15 September EUR.
1919. (Art. 124 Social Criminal The level of the sanction of the
Code) sanction is increased to level 4

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The employer or his mandated Level 3 Level 3
replacement who, in violation of An administrative fine of 50 to
the Labour Law: A criminal fine of 100 to 1000 500 EUR.
1) Has not carried out an EUR.
evaluation, in line with the The level of the sanction of the
conditions and requirements sanction is increased to level 4
established by RD, of the when it has had damage to
nature, extent and duration health or an occupational
of the exposure to agents, accident as a consequence.
processes or working
conditions for all activities The judge may moreover impose
with a specific risk of the sanctions set out in Article
exposure with a view to 106 and 107 of the Social
assess the risk for the health Criminal Code which include an
and safety at work as well as operating prohibition,
consequences for the professional exclusion or closure
pregnancy or breastfeeding of the establishment.
or for the health of the child
and to determine which
necessary measures shall be
taken;
2) Has not taken any measures,
taking account of the results
of the evaluation referred to
in point 1, adapted to the
situation of a pregnant or
breastfeeding worker, in line
with the conditions and
requirements established by
RD, with a view to avoid the
exposure of the worker to
this risk or for risks for which
exposure shall be avoided;
3) Has not taken any measures

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that, taking account of the
result of the evaluation
referred to in point 1, are
adapted to the pregnant or
breastfeeding worker, in line
with the conditions and
requirements established by
RD, when the worker
presents a condition or
danger associated with her
condition and which can be
related to the work, on the
condition that the
prevention
adviser/occupational
doctor to which she presents
the situation determines a
risk;
4) Has not subjected the
worker who had a baby or is
breastfeeding and for whom
measures were taken with a
view to adapt the working
conditions as a
consequence of the risks for
her safety or health or that
of her child, to health
surveillance at the latest 8
days after resuming work;
5) Has not informed the
prevention
adviser/occupational
doctor immediately and as
soon as he was informed of
the situation of the worker;
The employer who has not Level 1 Level 1

included the results of the
evaluation and the general / An administrative fine of 10 to
measures to be taken in a 100 EUR.
written document that is
presented to the OSH
Committee for advice or, in its
absence to workers´
representatives and who has not
informed the workers of these
results.
(Article 126 Social Criminal

Code)
Child labour for which no Level 4 Level 4

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exception is allowed. (Article 134
Social Criminal Code) Imprisonment of 6 months to An administrative fine of 300 to
Infringements of the three years and a criminal fine of 3000 EUR.
requirements for professional 600 to 6000 EUR or one of these
young sportsmen on payroll sanctions individually. Moreover,
(Article 135 Social Criminal the pecuniary fine shall be
Code) multiplied by the number of
Employing young workers in one children concerned.
of the prohibited employments The judge may moreover impose
for young workers, such as in the the sanctions set out in Article
mineral-extracting industry 106 and 107 of the Social
(Article 137 Social Criminal Criminal Code which include an
Code) operating prohibition,
Enforcement actions
129
Table 5- 6 Total number of infringements which resulted in legal action
Total number of infringements which resulted in Of the total number of registered infringements
legal action (7619 between 2005 and 2012), 30% resulted in
criminal prosecution or in a settlement (see more
detailed numbers in Table 5.5).
The National Implementation Report for Belgium

identifies the following numbers of court cases
having resulted in legal action130:
2007 2008 2009 2010 2011 2012
537 542 246 225 237 156
The national authorities specified during interviews
that “resulting in legal actions” covered criminal
proceedings only.
Stakeholders acknowledged the limited number of

labour cases going to courts. According to them,
the insurance schemes are such that once the
victim has received compensation, legal
proceedings are stopped. Criminal proceedings
are only engaged where the victim is not covered
by insurance schemes and hence need to
demonstrate evidence of damage and fault in
order to obtain compensation through civil liability
schemes. Such cases concern mostly undeclared
workers and mock independents.
Other data on the number of court cases specific See table below.
to OSH issues in the period 2007-2012
Detailed breakdown of cases resulting in legal and administrative action from 2005-2012131
Total number of infringements which resulted in legal action
129
FPS ELS (AD TWW), Annual Report, 2012. and National Implementation Report, Part A, Section 1.
130
National Implementation Report, Part A, Section 1.
131
Detailed breakdown developed on the basis of FPS ELS (AD TWW), Annual Reports.

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Type/Year Until % 2010 % 2011 % 2012 % TOT %
2009
Number of reported 5180 100% 908 100% 826 100% 705 100% 7619 100%
infringements
infringements which resulted in
criminal prosecution or for
which settlement was reached
infringements waiting to be
assessed by the Labour
Inspectorate
infringements without further
action by the judiciary and
sent to the administrative
department
Number of reported 619 26% 50 15% 22 13% 0 - 691 24%
infringements without further
action
Number of reported 1740 74% 275 85% 147 87% 0 - 2162 76%
infringements concluded by
administrative fine
infringements still being
treated
N.B. The table reflects situation on 13 May 2013 relating to all registered infringements from 2005

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6 MAPPING QUESTION 6: SPECIFIC GROUPS OF WORKERS
No specific approaches to vulnerable groups are taken in Belgium beyond the requirements set out in
the transposed Directives, with the exception of legislation on the protection of trainees (young
workers) and the Law on the Generation Solidarity Pact, aimed at older workers and young workers.
In addition, several guidance documents address specific vulnerable groups, namely young workers
and children, ageing workers, disabled workers, part-time workers, temporary workers, parents and
pregnant women. The number of initiatives on older or ageing workers is substantive.
The table 6-1 below provides an overview of the documents, including legislation, strategies,
guidelines, roadmaps or plans, as well as other documents addressing the question of risk factors for
vulnerable groups.

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Table 6- 1 Tools addressing risk factors for all vulnerable groups
Longer exposure to occupational

Menstrual disorders; Menopause
long-term or chronic illnesses or

Natural deterioration of physical
Different risks faced by disabled
latency occupational diseases

Reduced physical capabilities
Additional non-work activities
Combined occupational risk

Increased risk of developing
Lack of familiarity with the

Lack of awareness of long-
Less awareness of the risks
Pregnancy; Breastfeeding
Part-time jobs; Precarious
and mental capacities
working environment
amongst new workers
Longer recovery time
Target group (if any)
Lack of OSH training

Work arrangements
Document
Language barriers
Fear of authorities
disabilities
contract
hazards
workers
factors
Legislation (Royal Young workers v v v v v v v
Order of 21 (trainees)
September 2004 on
the protection of
trainees)
Projects (Website Young workers v v v v
“Safe Start”)
Guidance (Keys for Children v
regulation of child
labour) 11/2009132
Guidance (Age- Ageing workers v v
conscious
employment policy
– psychosocial
risks)11/2012 133
Guidance (Tools for Ageing workers v v
obtaining better
132
FPS ELS AD TWW, Keys for … Regulation of work of children, November 2009, available online at : http://www.emploi.belgique.be/publicationDefault.aspx?id=3620.
133
European Union, DG – Employment, Age-conscious employment policy – psychosocial risks (Leeftijdsbewust personeelsbeleid aanpakken - Psychosociale risico's), 2012, Guidance
document for an age-conscious employment policy setting out aspects to consider and existing practices, published by DG Employment,

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working environment
amongst new workers

Work arrangements
Document
Language barriers
Fear of authorities
disabilities
contract
hazards
workers
factors
insight in ageing at
work) 03/2009134
Guidance Ageing workers v v
(Answering to
stereotypes on
ageing workers)135
Guidance (Keys for Young v v v v
first job) 09/2013136 (unexperienced)
workers
Guidance (Keys for Part-time v
part-time workers
work)12/2010137
Guidance (Keys for Disabled workers v v v
reasonable
accommodation
measures for
134
FPS ELS (AF HUA), Tools for obtaining better insight in ageing at work (Hulpmiddelen om meer inzicht te krijgen in het ouder worden op het werk), 2009,
135
FPS ELS (AD HUA), Answering to stereotypes on ageing workers (Antwoord op de stereotypen betreffende de oudere werknemer), 2006,
136
FPS ELS (AD HUA), Keys for first job (Wegwijs in de eerste job), September 2013, http://www.werk.belgie.be/publicationDefault.aspx?id=3604
137
FPS ELS (AD HUA) Keys for part time job (Wegwijs in de deeltijdse arbeid), http://www.werk.belgie.be/publicationDefault.aspx?id=3600

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working environment
amongst new workers

Work arrangements
Document
Language barriers
Fear of authorities
disabilities
contract
hazards
workers
factors
disabled
workers)03/2005138
Guidance ( Keys to Temporary, high v v v v
work in coupon- flexibility workers
services system) Agency workers
12/2010139
Guidance (Keys to Women v v v v v
becoming a Parents
working
parent)14010/2012
Guidance (Carry Ageing workers v
on or start over a
professional activity
for workers over
50yo), 02/2012141
138
FPS ELS (AD HUA) Keys for reasonable accommodation measures for disabled workers (Wegwijs in de redelijke aanpassingen ten behoeve van personen met een handicap op het werk),
March 2005, http://www.werk.belgie.be/publicationDefault.aspx?id=3616
139
FPS ELS (AD HUA) Keys to work in coupon-services system (Wegwijs in werken in het stelsel van de dienstencheques), December 2010,
140
FPS ELS (AD HUA) Keys to becoming a working parent (Wegwijs in werk en ouderschap), October 2012, http://www.werk.belgie.be/publicationDefault.aspx?id=5572
141
FPS ELS (AD HUA) Carry on or start over a professional activity for workers over 50 years old (Het verderzetten of hervatten van de beroepsactiviteit na uw 50e), February 2012,

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working environment
amongst new workers

Work arrangements
Document
Language barriers
Fear of authorities
disabilities
contract
hazards
workers
factors
Form and platform Pregnant v
(Maternity leave)142 workers
CCT 91143 Older workers v v v
CCT 104144 Older workers v v v
Law on the Older workers + v v
Generation youth workers
Solidarity Pact145
Guide on Age Older workers v v v
Management in
Companies146
142
FPS ELS (AD HUA) Maternity leave (Moederschapsverlof), http://www.werk.belgie.be/detailA_Z.aspx?id=818
143
Collective Bargaining Agreement (Convention Collective de travail) 91 (20.12.2007) on the additional compensation in case of dismissal of older, less able workers with serious physical
problems
144
Collective Bargaining Agreement (Convention Collective de travail) 104 (27.06.2012) on the implementation of an Action Plan for the Employment of older workers in the company
145
The Generation Pact, concluded by social partners, and subsequently adopted as a law, includes 66 employment measures to favour youth employment and maintain older workers longer at
work. Seventeen of the measures apply specifically to older workers (40+). Several of these initiatives have an OSH focus
146
The guide sur la gestion des âges en entreprise) targets among others HR managers, prevention councillors and members of the occupational prevention and protection committees. The guide
intends to raise awareness of Belgian companies to the issue of age management and presents possible measures and common barriers for the implementation of age management barriers
through the experience of 45 Belgian companies of different sizes and sectors

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7 MAPPING QUESTION 7: SMEs AND MICRO-ENTERPRISES
This question focuses on the identification of measures adopted by Member States in order to assist
SMEs and micro-enterprises in the implementation of OSH requirements. Measures provided by other
actors, such as social partners, are not included. The concept of ‘measures’ is considered as covering
national legislation and soft measures, i.e. incentives. Other measures such as guidance are included in
section 4.
Three elements should be checked for each Directive:
 Exemptions: are there thresholds of number of employees to be exempted from certain key
requirements? If so, what are the thresholds? To what requirements does it apply?
 Lighter regime: are certain norms/ regulatory standards provided by law differentiated for
SMEs?
 Incentives: have financial measures/tax reductions been adopted to support SMEs?
The results are summarised in Table 7-1 and then detailed in Table 7-2. It should be taken into account
that the SME measures laid down in the national legislation transposing the Framework Directive are
equally applicable to all of the transpositions of the other OSH individual Directives.
In Belgium, different types of internal services of protection and prevention are prescribed depending
on the size of the enterprise. For smaller companies, there is no obligation to set up a consultation
committee. Finally, a recent legislation differentiates the price of the services provided by external
services depending on the main activity and the size of the enterprise, with a smaller rate for very
small companies (between 1 and 5 workers).
Table 7- 1 Overview of measures targeting SMEs and micro-enterprises
According to NIR 2013, “In various fields, Belgium classifies enterprises into groups (A, B, C and D)
depending on the scale of the risk and the number of workers (Article 3(1) of the Royal Decree of 27
March 1998 on the in-house service for prevention and protection at work). This classification in
particular determines what training is to be given to the in-house prevention advisers that enterprises
must have, which in its turn determines the well-being tasks for which the expertise of an external
prevention service has to be called upon. Risk assessment, which underpins all policy on health and
safety, is the basis for prevention in all enterprises. If the risk assessment shows, for instance, that
workers are exposed to certain risks (such as biological/physical/chemical agents), they should be
subject to more frequent and more extensive health surveillance. External prevention and protection
services offer considerable help for small enterprises, and specific risk approaches, such as the
SOBANE strategy, have been drawn up.”147
Exemptions Lighter regime Incentives

Directive 89/391/EEC (FW)
-  
Directive 89/654/EEC (workplace)
- - -
- - (non-financial)
- - -
147
See National Implementation Report, Part A, Section I, 2.7, (EN) p.12.

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- - -
- - (non-financial)
- - (non-financial)
- - (non-financial)
- - 
- - 
N/A N/A N/A
- - 
Directive 98/24/EC (chemical agents)
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - 
- - -
- - (non-financial)
- - -
Table 7- 2 Description of measures targeting SMEs and micro-enterprises

Directive 89/391/EEC (FW)
- As suggested by Art. The ESPP RD provides for reduced costs
7, al. 7 of the related to the use of ESPPs by very small
Directive, the ISPP RD enterprises (Art. 13 septies). For further
prescribes different details see Table 3-2 – Approaches to
types of internal compliance.
services of
protection and The Funds for national diseases offers the
prevention services of technical experts for assessing
depending on the physical agents such as e.g. noise,

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size of the enterprise vibration, AOR as part of a programme of
(Art. 3, 9, 10, 11 and preventive advices148.
22). For further details
see Table 3-2 –
Approaches to
compliance.
Belgian legislation
requires companies
employing more
than 50 workers to
establish a
consultation
committee for the
prevention and
protection of work
(CPP RD). The
consultation
committee is either
elected by the
workers or based on
the union delegation
present in the
company. If neither
of these options is
possible given the
limited number of
workers (less than 20
workers), the
employer must enter
consultation with
workers when
designing and
implementing the
OSH policy of the
company (Article 53
OHS Law and CPP
RD).
Directive 89/654/EEC (workplace)
- - -
- - non-financial incentive: The extent of the
resources to be used to achieve the
objectives of the regulations is determined
from the risk assessment. If the work
equipment being used in an SME entails
few risks, the resources that must be used
to curb these risks may also be limited.149
- - -
- - -
- - non-financial incentive: The DG CBE has
undertaken various national inspection
148
Funds for national diseases, Preventive advice programme, http://www.fmp-
149

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campaigns with partners (professional
federations, etc.) as part of the national
inspection strategy in those sectors in
which ATEX is a particular problem,
including cabinet-making in 2011 and
vehicle paint spray booths in 2012. A
Sobane pamphlet on the ‘risk of explosion
and fire’ has been drawn up and study
days and information sessions organised by
the AD HUA. The Sobane pamphlet is
available free of charge.150
- - non-financial incentive: SMEs have few or
no prevention specialists, in particular
ergonomic prevention advisers, for various
reasons: the two main reasons are the cost
that a specialist’s work represents for an
SME and the small number of specialists
available.
The FPS Employment is of the view that a
sectoral approach is needed if prevention
is to be taken up by SMEs. The FPS
Employment has therefore drawn up
information pamphlets, by sector of
activity, on the prevention of MSDs in A5
format aimed directly at employers and
workers. At present, close on 25 pamphlets
for 25 sectors or trades are available in
French and Dutch.
The websites and in particular the thematic
pages dealing with ergonomics and MSDs
on the information website
www.beswic.be:
-
http://www.beswic.be/fr/topics/ergonomie
- http://www.beswic.be/fr/topics/msa-tms
Moreover, simple and participatory
methods for risk and workstation
assessment have been developed for over
30 sectors of activity (Déparis guides to the
SOBANE strategy, www.sobane.be). These
give SMEs an opportunity to discuss
solutions through which stresses can be
reduced and working conditions improved
with their workers.151
- - non-financial incentive: Idem
- - The Funds for national diseases offers the
services of technical experts for assessing
physical agents such as e.g. noise,
vibration, AOR as part of a programme of
preventive advices152.
150
151
152

Brussels
N/A N/A N/A
Directive 98/24/EC (chemical agents)
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - -
- - In Belgium, Previs is a project subsidised by
the Government to promote occupational
health and safety prevention policy on
board fishing vessels in conjunction with the
industry with a view to reducing the
number of accidents on board fishing
vessels.
The Fishery Fund and the SDVO
(Foundation for the Development of
Sustainable Fishing) are institutions
subsidised by the Government to promote
safety on board fishing vessels.155
- - -
- - non-financial incentive: Prévention et
Intérim [Prevention and Temporary Work], a
non-profit association managed on a joint
basis, has posted several templates for
workstation information sheets for various
sectors on its website, with a view to
supporting prevention policy within
153
154
155
See National Implementation Report, Part A, Section II, (EN) p.56.

Brussels
enterprises (see http://www.p-
i.be/fr/fiches/fiche-sur-le-poste-de-travail/).
These templates are especially useful for
SMEs which may use the support offered to
carry out a risk assessment of workstations
for temporary workers.156
- - -
NIR 2013 further mentions the following: “Support for SMEs takes three forms: the external services
for prevention and protection at work, which can make the necessary expertise available, an
appropriate form of workers’ participation, and the SOBANE strategy. It is not mandatory to have a
CPPT in enterprises with fewer than 50 workers. There are, however, measures to involve workers in
policy on well-being in smaller enterprises; the Committee’s tasks are to be undertaken by the trade
union delegation (Article 53 of the Law on well-being at work), and, if there is no trade union
delegation, all workers are to participate directly in policy on well-being. The procedures for this
participation are set out in the Royal Decree of 3 May 1999 on Committees for Prevention and
Protection at Work. (...) specific measures to take account, for instance, of the specific situation of
small and medium-sized enterprises are possible in principle, but such measures have not (as yet) been
implemented. Special information sessions for SMEs have been run with the Provinces: a research
project on OIRA among hairdressers has been launched as a pilot project; there is already interest in
OIRA in a number of sectors such as woodworking and construction which is being supported by the
FPS – Employment, Labour and Social Dialogue and the social partners.”157
156
See National Implementation Report, Part A, Section II, (EN) p.33.
157
See National Implementation Report, Part A, Section I, 2.7, (EN) p.7-8.

Brussels
ANNEX I – BIBLIOGRAPHY
Reports
 EU-OSHA – European Agency for Safety and Health at Work, Qualitative post-test evaluation
of ESENER (ESENER Post-Test). Luxembourg, 2013. Available at:
https://osha.europa.eu/en/publications/reports/qualitative-post-test-evaluation-of-esener-
overview-report/view
 National Implementation Report, Federal Public Service for Employment, Labour and Social
Dialogue, December 2013.
 Federal Public Service for Employment, Labour and Social Dialogue, Directorate General for
the Control of Well-Being at Work, Annual Report on the Control of Well-Being at Work,
2007, http://www.emploi.belgique.be/publicationDefault.aspx?id=21706
2009, http://www.emploi.belgique.be/rapportannuelCBE2009.aspx
the Humanisation of Work, Annual Report on the Promotion of Well Being at Work, 2007,
http://www.emploi.belgique.be/publicationDefault.aspx?id=21706
http://www.emploi.belgique.be/rapportannuelCBE2009.aspx
 High Council for Employment, Annual Report, 2007,
http://www.emploi.belgique.be/rapportCSE2008.aspx
http://www.emploi.belgique.be/rapportcse2009.aspx

Brussels
 Senior Labour Inspectors Committee, Annual report 2012,
http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetailDoc&id=10
037&no=1
Strategies
 Federal Public Service for Employment, Labour and Social Dialogue, National Strategy for
the Well-Being at Work 2008-2012,
http://www.beswic.be/fr/systems/nationale_strategie_FR.pdf
 Federal Public Service for Employment, Labour and Social Dialogue, Evaluation of the
National Strategy for the Well-Being at Work 2008-2012, 2013,
http://www.emploi.belgique.be/moduleDefault.aspx?id=39435
the Control of Well-Being at Work, Inspection Campaigns, 2009-2013,
http://www.beswic.be/fr/campaigns
Studies
 Prevent, Socio-economic costs of accidents at work and work-related ill health, November
2011, file:///C:/Users/lm/Downloads/BenOsh_Publication_DEF.pdf
 Vandenbrande, Vandekerckhove, Vendramin, Valenduc, Huys, Van Hootegem, Hansez,
Vanroelen, Puig-Barrachina, Bosmans & De Witte, Quality of work and employment in
Belgium, February 2013, http://www.vub.ac.be/SOCO/demo/papersonline/R1456a_en.pdf
Websites
 Platform Beswic, http://www.beswic.be/fr/
 Safestart, http://www.safestart.be/fr/front-page
 FPS ELS, Project studies, http://www.emploi.belgique.be/projetsderecherche/
 SOBANE Strategies, http://www.sobane.be/sobane/home.aspx?LangType=2060
 Deparis tools, http://www.deparisnet.be/
 OIRA project, http://www.oiraproject.eu/
 ESENER Survey, https://osha.europa.eu/fr/esener-enterprise-survey/enterprise-survey-esener
 FPS ELS, Statistics, http://www.emploi.belgique.be/moduleDefault.aspx?id=21166

Brussels
ANNEX II – INTERVIEWS
How many … in total … with national … with labour … with workers’ … with employers’ … with research
interviews… authorities inspectorates representatives representatives institutes, academia,
OSH professional bodies,
etc.
Contacted Completed Contacted Completed Contacted Completed Contacted Completed Contacted Completed Contacted Completed
BE 31 24 8 7 1 1 8 7 5 2 9 7
This table details all the interviews that were completed with Belgian stakeholders, and includes as well the number of stakeholders contacted for these
interviews. A further distinction is made on the basis of the category of stakeholders.
The Belgian expert has succeeded in covering a balanced representation of the stakeholder groups. With regard to the labour inspectorates, the expert has
interviewed the head of the national (federal) labour inspectorate and asked this person whether she was allowed to interview as well other labour inspectors.
However, due to the time constraints inherent to this project, there was absolutely no time left to even contact additional labour inspectors.
It should be mentioned that some of our stakeholders did not want to be identified. For confidentiality reasons, we cannot name the persons interviewed.
Finally, it needs to be stressed that most of the interviewees preferred to answer about “OSH legislation in general” and they answered from their specific
background. As they are not lawyers, they can’t point to a particular Directive or to particular national legislation, but they do have a perfect overview of OSH
legislation on what is relevant to their specific sector. In this sense, the “whole acquis” approach has been reached.

Brussels

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BE Country Summary Report FINAL June 2015

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Evaluation of the EU Occupational

Safety and Health Directives

COUNTRY SUMMARY REPORT FOR

TABLE OF TABLES ..................................................................................................................... 4

Table 1- 1 General Legal Framework ........................................................................................ 9

Table 2- 1 Transitional Periods .............................................................................................. 110

Table 3- 1 Degree of compliance: Common processes and mechanisms .............................. 122

Table 4- 1 Accompanying Actions......................................................................................... 174

Table 5- 1 Enforcement authorities ........................................................................................ 180

Table 7- 1 Overview of measures targeting SMEs and micro-enterprises ............................. 202

AD HUA Directorate General for the Humanisation of Work (Algemene Directie

General introduction to the report

The template is structured according to these mapping questions.

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1.1 GENERAL LEGAL FRAMEWORK

Milieu Ltd Country Summary Report for Belgium / 8

Table 1- 1 General Legal Framework

Royal Decree of 27 March 1998 on the

Directive Royal Decree of 27 March 1998 on the

Royal Decree of 29 April 1999 on the

Royal Decree of 3 May 1999 on the tasks

Royal Decree of 28 May 2003 on the

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Royal Decree of 4 December 2012

Royal Decree of 4 June 2012 on thermal

Royal Decree of 28 March 2014 on fire

Art.52 General Rules of Procedure for

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Royal Decree of 4 May 1999 on the use

Royal Decree of 31 August 2005 on the

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1.2 GENERAL INSTITUTIONAL FRAMEWORK

Belgium has adopted a 2008-2012 National Strategy for Well-Being at Work.

1.2.1 Key policy documents

1.2.2 Main authorities and stakeholders

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1.3 LEGAL COVERAGE, OBSERVED DISCREPANCIES AND MORE STRINGENT MEASURES

1.3.1 Observed discrepancies, more stringent and more detailed measures

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Results from interviews with stakeholders

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CPM Main provisions Observed discrepancies More detailed or broader requirements

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is contained in the notion of “employer” (OSH Law).

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more detailed information about the participation of the

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Y. The ISPP RD specifies the competences required for the

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responsibility for the safety and health of N.

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products to undergo a mandatory health check. Other

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means employed by the employer are court is regulated

CPM Main provisions Observed discrepancies More detailed or broader requirements

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workplaces goes a little further here and requires employers to