Tuesday, 15 March 2011 22:44

Health and Safety Regulations: The Netherlands Experience

Rate this item
(1 Vote)

Implementation of the EC directive Minimum Regulations for Health and Safety on Temporary and Mobile Building Sites typifies the legal regulations emanating from the Netherlands and from the European Union. Their aim is to improve working conditions, to combat disability and to reduce sickness absenteeism. In the Netherlands, these regulations for the construction industry are expressed in the Arbouw Resolution, Chapter 2, Section 5.

As is often the case, the legislation seems to be following the social changes that began in 1986, when organizations of employers and employees joined to establish the Arbouw Foundation to provide services for construction companies in civil engineering and utility construction, earth works, roadbuilding and water construction and the completion sectors of the industry. Thus, the new regulations are scarcely a problem for the responsible companies already committed to implement health and safety considerations. The fact that these principles are often very difficult to put into practice, however, has led to non-observance and unfair competition and, consequently, the need for legal regulations.

Legal Regulations

The legal regulations focus on preventive measures before the construction project is started and while it is in progress. This will yield the greatest long-term benefit.

The Health and Safety Act stipulates that evaluations of risks must address not only those arising from materials, preparations, tools, equipment and so on, but also those involving special groups of workers (e.g., pregnant women, young and elderly workers and those with disabilities).

Employers are obliged to have written risk evaluations and inventories produced by certified experts, who may be employees or external contractors. The document must include recommendations for eliminating or limiting the risks and must also stipulate phases of the work when qualified specialists will be required. Some construction companies have developed their own approach to the evaluation, the General Business Investigation and Risk Inventory and Evaluation (ABRIE), which has become the prototype for the industry.

The Health and Safety Act obliges employers to offer a periodic health examination to their employees. The purpose is to identify health problems that may make certain jobs especially hazardous for some workers unless certain precautions are taken. This requirement echoes the various collective labour agreements in the construction industry which for years have required employers to provide employees with comprehensive occupational health care, including periodic medical examinations. The Arbouw Foundation has contracted with the Federation of Occupational Health and Safety Care Centres for the provision of these services. Over the years, a wealth of valuable information has been accumulated which has contributed to enhancement of the quality of the risk inventories and evaluations.

Absenteeism Policy

The Health and Safety Act also requires employers to have an absenteeism policy which includes a stipulation that experts in this field be retained to monitor and counsel disabled employees.

Joint Responsibility

Many health and safety risks can be traced to inadequacies in the building and organization choices or to poor planning of the work when setting up a project. To obviate this, the employers, employees and the government agreed in 1989 on a working conditions covenant. Among other things, it specified cooperation between clients and contractors and between contractors and subcontractors. This has resulted in a code of conduct which serves as a model for the implementation of the European directive on temporary and mobile building sites.

As part of the covenant, Arbouw formulated limits for exposure to hazardous substances and materials, along with guidelines for the application in various construction operations.

Under the leadership of Arbouw, the FNV Building Workers and Wood Workers Union, the FNV Industry Union and the Mineral Wool Association, Benelux, agreed to a contract that called for the development of glass wool and mineral wool products with less dust emission, development of the safest possible production methods for glass wool and mineral wool, formulation and promotion of working methods for the safest use of these products and performance of the research necessary to establish safe exposure limits to them. The exposure limit for respirable fibres was set at 2/cm3 although a limit of 1/cm3 was regarded as feasible. They also agreed to eliminate the use of raw and secondary materials that are health risks, using as criteria the exposure limits formulated by Arbouw. Performance under this agreement will be monitored until it expires on 1 January 1999.

Construction Process Quality

The implementation of the EC directive does not stand in isolation but is an integral part of company health and safety policies, along with quality and environmental policies. Health and safety policy is critical part of the quality policy of the companies. The laws and regulations will be enforceable only if the employers and employees of the construction industry have played a role in their development. The government has dictated the development of a model health and safety plan that is practicable and can be enforced to prevent unfair competition from companies that ignore or subvert it.

 

Back

Read 6501 times Last modified on Thursday, 19 May 2011 21:52

" DISCLAIMER: The ILO does not take responsibility for content presented on this web portal that is presented in any language other than English, which is the language used for the initial production and peer-review of original content. Certain statistics have not been updated since the production of the 4th edition of the Encyclopaedia (1998)."

Contents

Construction References

American Society of Mechanical Engineers (ASME). 1994. Mobile and Locomotive Cranes: An American National Standard. ASME B30.5-1994. New York: ASME.

Arbetarskyddsstyrelsen (National Board of Occupational Safety and Health of Sweden). 1996. Personal communication.

Burkhart, G, PA Schulte, C Robinson, WK Sieber, P Vossenas, and K Ringen. 1993. Job tasks, potential exposures, and health risks of laborers employed in the construction industry. Am J Ind Med 24:413-425.

California Department of Health Services. 1987. California Occupational Mortality, 1979-81. Sacramento, CA: California Department of Health Services.

Commission of the European Communities. 1993. Safety and Health in the Construction Sector. Luxembourg: Office for Official Publications of the European Union.

Commission on the Future of Worker-Management Relations. 1994. Fact Finding Report. Washington, DC: US Department of Labor.

Construction Safety Asociation of Ontario. 1992. Construction Safety and Health Manual. Toronto: Construction Safety Association of Canada.

Council of the European Communities. 1988. Council Directive of 21 December 1988 on the Approximation of Laws, Regulations and Administrative Provisions of the Member States Relating to Construction Products (89/106/EEC). Luxembourg: Office for Official Publications of the European Communities.

Council of the European Communities. 1989. Council Directive of 14 June 1989 on the Approximation of the Laws of the Member States Relating to Machinery (89/392/EEC). Luxembourg: Office for Official Publications of the European Communities.

El Batawi, MA. 1992. Migrant workers. In Occupational Health in Developing Countries, edited by J Jeyaratnam. Oxford: Oxford University Press.
Engholm, G and A Englund. 1995. Morbidity and mortality patterns in Sweden. Occup Med: State Art Rev 10:261-268.

European Committee for Standardization (CEN). 1994. EN 474-1. Earth-moving Machinery—Safety—Part 1: General Requirements. Brussels: CEN.

Finnish Institute of Occupational Health. 1987. Systematic Workplace Survey: Health and Safety in the Construction Industry. Helsinki: Finnish Institute of Occupational Health.

—. 1994. Asbestos Program, 1987-1992. Helsinki: Finnish Institute of Occupational Health.

Fregert, S, B Gruvberger, and E Sandahl. 1979. Reduction of chromate in cement by iron sulphate. Contact Dermat 5:39-42.

Hinze, J. 1991. Indirect Costs of Construction Accidents. Austin, TX: Construction Industry Institute.

Hoffman, B, M Butz, W Coenen, and D Waldeck. 1996. Health and Safety at Work: System and Statistics. Saint Augustin, Germany: Hauptverband der gewerblichen berufsgenossenschaften.

International Agency for Research on Cancer (IARC). 1985. Polynuclear aromatic compounds, Part 4: Bitumens, coal tars and derived products, shale oils and soots. In IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to Humans. Vol. 35. Lyon: IARC.

International Labour Organization (ILO). 1995. Safety, Health and Welfare on Construction Sites: A Training Manual. Geneva: ILO.

International Organization for Standardization (ISO). 1982. ISO 7096. Earth-moving Machinery—Operator Seat—Transmitted Vibration. Geneva: ISO.

—. 1985a. ISO 3450. Earth-moving Machinery—Wheeled Machines—Performance Requirements and Test Procedures for Braking Systems. Geneva: ISO.

—. 1985b. ISO 6393. Acoustics—Measurement of Airborne Noise Emitted by Earth-moving Machinery—Operator’s Position—Stationary Test Condition. Geneva: ISO.

—. 1985c. ISO 6394. Acoustics—Measurement of Airborne Noise Emitted by Earth-moving Machinery—Method for Determining Compliance with Limits for Exterior Noise—Stationary Test Condition. Geneva: ISO.

—. 1992. ISO 5010. Earth-moving Machinery—Rubber-tyred Machinery—Steering Capability. Geneva: ISO.

Jack, TA and MJ Zak. 1993. Results from the First National Census of Fatal Occupational Injuries, 1992. Washington, DC: Bureau of Labor Statistics.
Japan Construction Safety and Health Association. 1996. Personal communication.

Kisner, SM and DE Fosbroke. 1994. Injury hazards in the construction industry. J Occup Med 36:137-143.

Levitt, RE and NM Samelson. 1993. Construction Safety Management. New York: Wiley & Sons.

Markowitz, S, S Fisher, M Fahs, J Shapiro, and PJ Landrigan. 1989. Occupational disease in New York State: A comprehensive reexamination. Am J Ind Med 16:417-436.

Marsh, B. 1994. Chance of getting hurt is generally far higher at smaller companies. Wall Street J.

McVittie, DJ. 1995. Fatalities and serious injuries. Occup Med: State Art Rev 10:285-293.

Meridian Research. 1994. Worker Protection Programs in Construction. Silver Spring, MD: Meridian Research.

Oxenburg, M. 1991. Increasing Productivity and Profit through Health and Safety. Sydney: CCH International.

Pollack, ES, M Griffin, K Ringen, and JL Weeks. 1996. Fatalities in the construction industry in the United States, 1992 and 1993. Am J Ind Med 30:325-330.

Powers, MB. 1994. Cost fever breaks. Engineering News-Record 233:40-41.
Ringen, K, A Englund, and J Seegal. 1995. Construction workers. In Occupational Health: Recognizing and Preventing Work-related Disease, edited by BS Levy and DH Wegman. Boston, MA: Little, Brown and Co.

Ringen, K, A Englund, L Welch, JL Weeks, and JL Seegal. 1995. Construction safety and health. Occup Med: State Art Rev 10:363-384.

Roto, P, H Sainio, T Reunala, and P Laippala. 1996. Addition of ferrous sulfate to cement and risk of chomium dermatitis among construction workers. Contact Dermat 34:43-50.

Saari, J and M Nasanen. 1989. The effect of positive feedback on industrial housekeeping and accidents. Int J Ind Erg 4:201-211.

Schneider, S and P Susi. 1994. Ergonomics and construction: A review of potential in new construction. Am Ind Hyg Assoc J 55:635-649.

Schneider, S, E Johanning, J-L Bjlard, and G Enghjolm. 1995. Noise, vibration, and heat and cold. Occup Med: State Art Rev 10:363-383.
Statistics Canada. 1993. Construction in Canada, 1991-1993. Report #64-201. Ottawa: Statistics Canada.

Strauss, M, R Gleanson, and J Sugarbaker. 1995. Chest X-ray screening improves outcome in lung cancer: A reappraisal of randomized trials on lung cancer screening. Chest 107:270-279.

Toscano, G and J Windau. 1994. The changing character of fatal work injuries. Monthly Labor Review 117:17-28.

Workplace Hazard and Tobacco Education Project. 1993. Construction Workers’ Guide to Toxics on the Job. Berkeley, CA: California Health Foundation.

Zachariae, C, T Agner, and JT Menn. 1996. Chromium allergy in consecutive patients in a country where ferrous sulfate has been added to cement since 1991. Contact Dermat 35:83-85.