Here is the ergonomics legislation from
Belgium
The information here was collated from publicly available online sources by Ergo Global ergonomist, Shrushti Patel. Some parts may have been edited for clarity or layout.
The Duties of
The Employer
All employers covered under the OSH Act must ensure that workers are protected from recognized hazards that may cause dealth or serious physical harm, which includes ergonomics hazards.
To protect their workers, OSHA recommends that employers implement an ergonomics process with the following elements:
- Carry out a risk analysis at least every five years at the level of each group of VDU workstations and at the level of the individual to evaluate the well-being risks for employees arising from working with a screen, in particular with regard to possible risks to vision and problems of physical and mental strain.
-
The risk analysis is, if necessary, supplemented with a survey of employees or with another instrument that assesses the working conditions and/or any health problems related to working with a screen, to be carried out under the responsibility of the prevention advisor-occupational physician.
The collective results of this are transferred to the employer by the prevention advisor-occupational physician and submitted to the Committee within two months after the transfer.
After advice from the prevention advisor-occupational physician and the Committee, the employer determines the measures necessary to organize the employee's activity in such a way that the daily working time with a screen is interrupted at regular times by rest breaks or other types of activities, which reduces the burden of working with a screen. - Every employee must receive prior training regarding the use of the VDU workstation and whenever its organization is significantly changed.
- Workers must receive all information about everything related to safety and health at their VDU workstation and in particular about the measures taken.
-
For employees who usually use VDU equipment for a significant part of their normal working time, the employer must ensure that the following measures are taken:
- if the survey or other instrument referred to in Article VIII.2-3, § 2 shows that there are possible health problems, the employee concerned will be subjected to an appropriate health assessment by the prevention advisor-occupational physician.
- if the results of the ophthalmological examination so require and if a normal corrective device does not make it possible to perform work on a screen, the employee must have a special corrective device that is exclusively related to the work in question. The costs of this special remedy are borne by the employer. - It is part of the employer's general duty of care to make workers aware of the importance of good ventilation, good lighting, good room temperature and the safe use of electricity (cables, plugs, etc.) in their home when teleworking.
- The employer remains ultimately responsible for the safety and health of the teleworker (art. 5 Well-being at work Act), and thus for the actual circumstances in which the teleworker carries out his work.
- The employer is obliged to inform the teleworker of the company's occupational health and safety policy (art. 15 CLA no. 85).
-
If telework is chosen in a company (or if telework is made compulsory by law), the employer is obliged to make a risk analysis of the specific risks associated with telework.
This risk analysis is carried out in collaboration with the prevention services, and takes into account in particular:
- The psychosocial risks (isolation of the teleworker, digital contact only, stress, demotivation, blurring of boundaries between private and professional life, etc.)
- Ergonomics and health (layout of the (screen) workstation, prolonged (and even almost exclusive) screen work with consequences for the eyes, backache, sedentary lifestyle, etc.)
- Occupational safety, etc. -
The Royal Decree first defines 4 concepts: the ergonomist prevention adviser, ergonomics at work, MSDs and musculoskeletal risks at work. It also adds some general principles:
- Employers must take ergonomics into account when designing and equipping new workplaces and when adapting existing workplaces.
- The employer must implement a policy to prevent MSDs or other health problems caused or made worse by musculoskeletal risks at work, using a comprehensive approach that takes into account the various risk factors.
-The various players involved in this prevention policy are identified, in particular the prevention adviser from the internal occupational health and safety service, the ergonomist prevention adviser and the prevention adviser/occupational physician. Finally, workers and the prevention and protection committee must be informed and trained about musculoskeletal risks at work and the various preventive measures. -
The Royal Decree first defines 4 concepts: the ergonomist prevention adviser, ergonomics at work, MSDs and musculoskeletal risks at work. It also adds some general principles:
- Employers must take ergonomics into account when designing and equipping new workplaces and when adapting existing workplaces.
- The employer must implement a policy to prevent MSDs or other health problems caused or made worse by musculoskeletal risks at work, using a comprehensive approach that takes into account the various risk factors.
-The various players involved in this prevention policy are identified, in particular the prevention adviser from the internal occupational health and safety service, the ergonomist prevention adviser and the prevention adviser/occupational physician. Finally, workers and the prevention and protection committee must be informed and trained about musculoskeletal risks at work and the various preventive measures.
The Duties of
The Employee
-
Relating to telework, the teleworker must take care of his own health and safety to the best of his ability, in accordance with his training and the instructions of his employer.
This includes providing assistance to the employer and the internal service for prevention and protection at work for as long as necessary to enable them to carry out all the tasks or fulfil all the obligations imposed on them with regard to the well-being of the workers or in the performance of their work and providing assistance to the employer and the internal department for occupational safety and health for as long as necessary to enable the employer to ensure that the working environment and working conditions are safe and pose no risk to safety and health within their field of activity.
Penalties
Infringements of the provisions of this Act and of the executive decrees thereof shall be detected, identified and punished in accordance with the Social Criminal Code.
The social inspectors have the competences referred to in Articles 23 to 39 [and 43 to 49 (32)] of the Social Criminal Code when acting, officially or on request, within the framework of their mission of information, mediation and monitoring compliance with the provisions of
this Act and the executive decrees thereof.
Looking for professional
Compliance Advice?
Ergonomics legislation can make your head spin. Let our compliance officer create a personalised journey and guide your company every step of the way.
