Jaarverslag 2003 - Databank Milieu

Table I Number of inspection activities per type of activity and the inspection capacity devoted to these activities in
percentage terms in 2001, 2002 and 2003
2001 2002 2003
Type of activity Capacity in % Cases Capacity in % Cases Capacity in % Cases
Active OHS 30.5 14,934 36.6 15,271 33 14,276
Complaints 8.3 2,178 8.2 2,167 9 2,052
Accidents 20.3 2,559 18.2 2,481 22 2,211
Labour market 23.5 3,840 17.3 3,737 17 3,700
MHC 5.4 62 4.5 118 9 322
Monitoring 5.1 1,932 5.9 2,771 5 1,879
Other Reactive 6.8 2,031 6.2 1,506 6 1,079
Total 100 27,536 100 28,051 100 25,499
Focus points
Focus points were defined in order to allow the inspectorate to make the
most rational and responsible use of its inspection capacity available for
enforcement tasks in 2003. In the area of working conditions, these were:
OHS obligations, pressure of work, physical demands, carcinogenic
substances, hazardous substances and noise. In the area of labour market
fraud, they were: the agricultural and horticultural sector, dealing with
people involved in providing illegal labour, dealing with notorious transgressors,
financial investigations and cooperation with other inspectorate
services.
Enforcement in the area of working conditions
Of inspections carried out into working conditions, 58 per cent led to the
setting up by inspectors of an enforcement trajectory following the first
intervention. This had to be repeated in six per cent of the follow-up interventions.
The corresponding figure for 2001 was eleven per cent. This
indicates that the AI’s interventions are becoming more effective over
time, as in a higher number of cases the contravention previously observed
had been resolved by the time of the follow-up intervention.
The most frequently observed contravention was the lack of an up-to-date
risk inventory and assessment, or of a plan of action (21%). Eighteen per
cent of contraventions related to shortcomings in respect of jobs, seventeen
per cent to hazardous substances and twelve per cent to equipment.
There are five different types of enforcement instrument. Warnings and
requirements are the light instruments, while administrative fines, reports
and closure are the heavy instruments.
At the end of 2003, administrative fines had been available as an enforcement
instrument for working conditions for over four years. Fines are
normally imposed on employers, but employees who behave irresponsibly,
thereby putting themselves or their colleagues in danger, can also
be fined. Fines totalling € 6,797,738 were imposed in 2003, with 21 employees
being fined a total of € 2,373. From 1 November 1999 to 1 January
2004 the total fines imposed amounted to € 19,089,970, of which
€ 17,515,127 has been paid to date.
During the year under review, a Bill was submitted with a view to introducing
administrative fines into the Foreigner Nationals Employment Act
[Wet arbeid vreemdelingen: WAV].
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