General regulations

The government has regulations in place to ensure safe and healthy working conditions. The exact details of these regulations are laid down by employers and employees.

The following general provisions of the Working Conditions Act are relevant:

• Article 3, paragraph 1: The employer shall implement a policy aimed at ensuring good working conditions.
• Article 3, paragraph 2: The employer must prevent risks and, if that is not possible, limit these risks.
• Article 5: The employer shall identify and evaluate the risks and draw up an action plan.
• Article 8: The employer shall provide information, instruction, and training to employees.
• Article 9: Reporting occupational diseases / If an (infectious) disease is (suspected to have been) contracted during work or as a result of work, a company doctor must report this to the Dutch Center for Occupational Diseases (NCvB).
• Article 11: The employee is obliged to cooperate in the safe use of the circumstances and to perform work in a safe manner.

European directives form the basis for legislation in the Netherlands. For biological agents, there is EC Directive 2000/54/EC 'Directive on the protection of workers from risks related to exposure to biological agents at work'. This directive has been implemented in Dutch legislation in Section 9 of the Working Conditions Decree, Articles 4.84 to 4.102.

• Article 4.85: Further regulations on risk assessment and evaluation.
  If an employee is or may be exposed to biological agents, the nature, extent, and duration of the exposure shall be assessed in the context of the risk inventory and evaluation referred to in Article 5 of the Act in order to determine the danger to the employee.
• Article 4.87a: Prevention or reduction of exposure.
  If it appears that there is a risk to the safety or health of employees and that, due to the nature of the work, it is not feasible to replace biological agents with biological agents that are not hazardous, other measures shall be taken, insofar as this is technically feasible, to prevent exposure of employees to biological agents and to limit the risks.
• Article 4.89: Hygienic protective measures.
  Smoking, eating, and/or drinking are not permitted in areas where there is a risk of exposure to biological agents. The necessary protective measures must also be taken, such as hygiene measures and personal protective equipment.
• Article 4.90: Registration.
  If employees may be exposed to category 3 and 4 biological agents, this must be recorded.
• Article 4.91: Occupational health examination and vaccines.
  As far as possible, effective vaccines shall be made available to every employee who is not yet immune to the biological agents to which he is or may be exposed. Every employee who is or may be exposed to biological agents shall be given the opportunity to undergo a preventive medical examination at the start of employment.
• Articles 4.94 and 4.95: Reporting incidents and notification.
  The Netherlands has a single national labor inspectorate, the Dutch Labor Inspectorate. The Dutch Labor Inspectorate must be notified when working with category 2, 3, and 4 biological agents for the first time. Incidents and accidents that have (potentially) led to the release of category 3 and/or 4 biological agents must be reported to the Dutch Labor Inspectorate.
• Articles 4.97 and 4.98: Special provisions.
  Taking effective measures to protect the safety and health of the workers concerned in relation to the uncertainty surrounding the presence of biological agents in patient samples and materials. This relates to disinfection procedures, waste disposal, and the prevention of needlestick injuries. For needle stick injuries, a medical device with a built-in safety and protection mechanism must be made available if there is a risk of injury or infection from a sharp medical device, and there is a ban on replacing caps on injection needles.
• Article 4.102: Information and training.
  Employees who may be exposed to biological agents during work must receive information and training on, among other things, the possible health hazards, precautions, and protective equipment to be used.
• Articles 4.105 and 4.109: Prohibition of work.
  Pregnant employees are prohibited from performing work in which they may be exposed to the biological agents Toxoplasma and Rubella virus, unless it has been established that they are immune to these agents.