As of 1 July 2018, all employers must have a basic contract with an occupational health service provider. There will be an end to the transition period of one year that was agreed upon in the amendment of the Working Conditions Act as of 1 July 2017. But what has to be done?
This way you have the basic contract for 1 July in order
What kind of health care can an employee count on? That is described in a basic contract. This contains all requirements for the minimum health and safety care that must be arranged. Compulsory components within the contract are: the rights and obligations for the employer, the employee and the company doctor. Employers can always supplement this to better tailor it to their services. Due to the amendment of the Working Conditions Act as of 1 July 2017, all organizations must have a basic contract with an occupational health service provider.
What is in the basic contract?
The employer must receive support from a health and safety service or company doctor for a number of tasks. These are: sickness absence counseling, testing the risk inventory and evaluation (RI & E), performing the Periodic Occupational Health Examination (POHE) and the pre-employment medical examination. In addition, the basic contract contains the following new legal obligations.
New obligations basic contract
Access to company doctor
The basic contract must state how the employee can get access to the company doctor. For example via a consultation hour.
Consultation with works council and prevention officer
The basic contract must describe how the consultation of the company doctor with the prevention officer and the works council is arranged. There must be a close cooperation between the various experts.
Visit of the workplace
The company doctor must be able to visit every workplace.
The employee must be able to request a second opinion from another company doctor if he doubts an advice. The costs for the second opinion are borne by the employer. Implementation of the second opinion must take place in accordance with the agreements between the employer and the occupational health service provider.
Every company doctor or health and safety service must have a clear complaints procedure. It states how and where the employee can submit any complaints about the services provided by the company doctor.
Reporting occupational diseases
A company doctor must be able to spend time detecting, identifying, diagnosing and reporting occupational diseases.
Advice on prevention
The advice on prevention to the employer by the company doctor must be included in the contract.
The basic contract sets minimum requirements for the contract between occupational health service providers and employers. But the possibility of customization remains. Employers can, in consultation with employees and occupational health service providers, include more tasks in the basic contract.
With the basic contract the effectiveness of the service can be increased. For example by advising on the lifestyle of employees. And arranging access to a confidential adviser. The basic lease contract can also be favorable for financial reasons. Think, for example, of facilities at the collective level. An insurer can conclude a contract with a group of companies. This can also be done with collective agreement agreements. Or by a model for the plus contract by the sector or branch. But: even in a collective contract, the employer remains responsible for fulfilling the obligations surrounding the contract.
Consent basic contract by works council and enforcement Inspection
The works council must agree with the contents of the basic contract. The SZW Inspectorate will check compliance with the basic contract. And in the absence of it can impose a fine. These are the fines that apply:
– No basic contract: EUR 1,500
– Basic contract not complete: 750 euros
– Agreements support for absenteeism policy are missing: 750 euros
– Company doctor is missing: 1,500 euros
– Attention employees on open consultation hours are missing: 1,500 euros