New legislation on workplace accidents: what changes for staffing agencies 

The Dutch Working Conditions Act (Arbowet) is being amended. The Act introducing the reporting and verification obligation for workplace accidents involving temporary employment agencies has now been approved by the Dutch Senate and introduces new obligations for staffing agencies. The exact implementation date has not yet been determined, but 1 July 2027 appears to be the most realistic date. 

 

What exactly is changing? 

The new legislation introduces three key obligations for staffing agencies. 

First, the dual reporting obligation. In the event of a reportable workplace accident, only the client company (hirer) was previously required to report the incident to the Dutch Labour Inspectorate. Under the new law, the staffing agency will also be required to report the accident as soon as it becomes aware of the incident. As a result, one accident will be reported twice. 

Second, the verification obligation. Following a workplace accident, the staffing agency must proactively contact the client company to determine the circumstances of the accident, find out whether corrective measures have been taken, and understand how the work environment will be made safe again. This contact must take place at two moments: immediately after the incident and after the client company has completed its investigation. The staffing agency is not required to assess or approve the measures taken — that remains the responsibility of the Labour Inspectorate. 

Third, the record-keeping obligation. All information relating to the workplace accident must be documented and retained for five years. This includes the report submitted to the Labour Inspectorate, records of contact with the client company, and information regarding corrective measures taken. No specific format is required, but the documentation must be demonstrable and accessible. 

 

What is not changing? 

The client company remains responsible for ensuring safe working conditions in the workplace. Staffing agencies will receive additional obligations, but they will not assume a new duty of care for workplace safety itself. The primary purpose of the legislation is to increase the involvement of staffing agencies, improve information sharing, and reduce underreporting of workplace accidents. 

 

What can you do already? 

Although the legislation has not yet come into force, it is advisable to start considering your internal procedures. Who will be responsible for reporting workplace accidents? How will contact moments with client companies be documented? And how will records be maintained while complying with GDPR requirements? 

At Opus Recruitment, we are already actively considering these questions so that our clients and employees can rely on a clear and effective process when the legislation takes effect. 

 

Safety remains a priority 

At Opus Recruitment, workplace safety is a top priority. We believe that strong cooperation between staffing agencies and client companies — including cooperation on safety matters — makes a real difference for employees in practice.