Legal basis
Legal Justification – Why our documents comply
At My Arbo we provide a Risk Inventory and Evaluation (RI&E) and a Health & Safety plan that fully meet the minimum requirements of the Working Conditions Act, the Working Conditions Decree and the Working Conditions Regulations. Below you will find an overview of the most important articles of law on which our working method is based.
Working Conditions Act
- Article 5 paragraph 1: Obligation for employers to inventory and evaluate risks in writing.
- Article 5 paragraph 2: Plan of Action with concrete measures required.
- Article 5 paragraph 3: Attention to employee groups with increased risk (e.g. young people, pregnant women).
- Article 5 paragraph 4: Updating the RI&E in the event of changes.
- Article 14 paragraph 1: Small businesses (<25 employees) may use standard models.
- Article 14a: Assessment by core expert not mandatory for standard risks and small companies.
Working Conditions Decree
- Article 2.1: Duty of care for safe and healthy working conditions.
- Article 2.3 and 2.4: Additional mapping of specific risks if present.- Article 2.26: Client's duty of verification- Article 2.28: Health and Safety plan- Article 2.30 sub c: Compiling a Health and Safety file for the use and demolition phase
- Article 4.1: Workplaces must be designed to be safe.
- Article 4.2: Work equipment must be used and maintained safely.
Arboregeling
- Article 1.5: Requirements for written documentation including the RI&E and Plan of Approach.
ABRvS 10 June 2020, ECLI:NL:RVS:2020:1368
In this ruling, the Administrative Jurisdiction Division of the Council of State ruled that the risk inventory in the RI&E was sufficient, but that the method developed on the basis thereof was considered insufficiently safe to reduce a fine. This emphasises the importance of not only a correct RI&E, but also the implementation of appropriate measures.
The RI&E's of MyArbo describe all hazards, risks and measures of a trade association, which means that it is considered sufficiently safe.
SZW Inspectorate – System investigation Toets de Toetser (2021)
This report by the SZW Inspectorate concludes that testing the RI&E by a certified occupational health and safety expert does not always lead to a complete and reliable RI&E. It emphasises that employers cannot simply rely on the testing and that the quality of the RI&E itself is crucial for meeting the legal requirements.
Supreme Court 12 September 2003, NJ 2004/177
In this ruling it was held that the absence of a RI&E does not automatically mean that the employer has violated his duty of care. However, the absence can be an indication of non-compliance with the duty of care, depending on the circumstances of the case.
MyArbo is the link to success for urgent jobs due to its rapid method for creating a RI&E.
What does the RI&E from My Arbo offer?
- Inventory of the generic risks within your sector.
- Advice on control measures.
- Prepared in accordance with sector information and AI sheets.
- Including legally required Plan of Action.
When is an additional evaluation necessary?
- When using hazardous substances (hazardous substances policy mandatory).
- In case of explosion risks (ATEX zones).
- For non-standard work such as working at heights, diving work, etc.
- For specific construction or industrial projects.
Conclusion
With the RI&E and the V&G plan of My Arbo, your organization meets the core obligations of the Working Conditions Act, the Working Conditions Decree and the Working Conditions Regulations. Our documents cover all standard sector risks and thus offer a solid basis for your working conditions policy.
If there are special risks (such as working with hazardous substances, working at heights, ATEX risks), we advise additional customization. For this we offer additional evaluations and advisory processes.
Any questions? Please feel free to contact us at info@myarbo.nl.
