international employment law firm alliance L&E Global

3. Health and Safety Measures

Requirements mandated by law or any official guidance.

The Ministerial Decree of 23 March 2020 does not impose specific measures, but refers to the Generic Guide and the sector guides will include the possible preventive measures. At the end, it is the responsibility of the employer to take sufficient preventive measures. Telework and social distancing are still recommended standard practices. Next to the Ministerial Decree of 23 March 2020, the duty for the employer to take preventive measures concerning the health and safety of employees also follows from the Employment Agreements Act of 3 July 1978, and the Act on the wellbeing at work of 4 August 1996 and the related Codex on Wellbeing.

Measures typically implemented by employers and the associated legal risks, limitations, obligations and issues to consider.

Social distancing and telework are still highly recommended where possible. Next, the Generic guide includes recommendations concerning:

  • Communication of the measures and rules to employees;
  • Maximal application of social distancing;
  • Hygiene measures (hand + respiratory);
  • Cleaning of the workplace, tools and social facilities (e.g. break room, cafeteria,…);
  • Collective protection measures (partition walls, placing of marks, rope and ribbons to separate persons,…);
  • Individual protection measures (mouth masks, gloves, protective clothing, glasses,…);
  • Mouth masks are especially recommended when social distancing is not possible;
  • Measures for the commute from home to work;
  • Measures for the arrival at work;
  • Measures for inside the locker rooms;
  • Measures for at the work post/during work, including meetings;
  • What to do when an employee becomes ill at work;
  • Measures for sanitary amenities (toilets);
  • Measures for during breaks;
  • Measures for the circulation at work;
  • Measures for returning to home;
  • Rules for external persons (visitors, clients, deliveries…);
  • Measures for external employees or independent workers or multiple employers at the same location;
  • Measures for working on location;
  • Measures for off-site work;
  • Measures for working from home (telework).
Any questions

Ask our member firm Van Olmen & Wynant in Belgium