Obligation of the occupational health service or occupational physician as of 1 July 2018

John Peek John Peek

Do you, as an employer, have no (basic) contract with a company doctor or occupational health and safety service? On 1 July 2017, a change was made to the Working Conditions Act to strengthen the position of the company doctor. As a result, every employer must have a basic contract with a company doctor or occupational health service from 1 July 2018.

Tasks and independence

The basic contract must clearly state which tasks the occupational physician fulfils and how these tasks are performed.

As an employer, you are primarily responsible for the proper guidance of a sick employee. The company doctor or occupational health and safety service is the advisor of the employee and employer. In this advisory role, the company doctor must keep his independence.

Also mandatory if you employ one employee

If you do not have a basic contract or do not have a contract with a health and safety service or a company doctor at all, it is advisable to draw up a contract as soon as possible. Even if you employ only one employee or one employee with a zero-hours contract, you will be required to have a basic contract with an occupational health service provider from 1 July 2018. If there is no basic contract, you risk a fine of 1,500 euros.

Would you like more information about the changes to the new Working Conditions Act? Please contact your adviser or one of our HR services advisers.