What Are Your Rights and Responsibilities During Lifting Operations?
Safety is everyone's responsibility. Both employers and employees have an important role to play, especially when carrying out lifting operations. The Occupational Health and Safety Act sets out the legal responsibilities of both employers and employees. In this article, we highlight the most important requirements.
Under the Occupational Health and Safety Act, the employer is responsible for organising the workplace and the working environment, as well as determining how work is carried out. Safety, the protection of employees' health, and their overall well-being must always be the highest priorities.
This means employers have a legal duty to provide the safest possible working conditions for everyone involved.
Do you have a question about the Occupational Health and Safety Act and its application to lifting operations?
Or is there a specific situation you'd like to discuss? At Mennens, we're happy to provide expert advice and help you find the right solution.
Employer Responsibilities
As an employer, you are responsible for ensuring, among other things:
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Lifting equipment that does not pose a risk to the safety, health, or well-being of employees and is CE marked where required.
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The inspection, maintenance, and testing of lifting equipment.
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Collective safety measures to minimise risks. Where these are not sufficient, appropriate Personal Protective Equipment (PPE) must be provided.
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A Risk Inventory and Evaluation (RI&E), including an action plan to improve working conditions. Employees must be informed about its contents.
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Providing employees with adequate information about the risks associated with lifting operations, as well as the necessary training, instruction, and supervision.
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Recording workplace accidents and near misses, and taking measures to prevent occupational injuries and illnesses.
Employee Responsibilities
Employees also have important responsibilities. As an employee, you should:
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Work carefully and responsibly to protect your own safety and that of others.
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Thoroughly inspect all lifting equipment before starting work.
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Use lifting equipment, machinery, tools, transport equipment, hazardous substances, and other work equipment correctly and in accordance with instructions.
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Never modify, remove, or bypass safety devices fitted to machinery or equipment.
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Wear the required Personal Protective Equipment (PPE) whenever necessary and ensure it is properly maintained. Examples include safety helmets, gloves, and safety footwear.
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Participate in safety, health, and welfare training and instruction.
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Immediately report unsafe situations to your employer or supervisor.
The Right to Stop Work
Employees also have the right to stop work if they reasonably believe that lifting operations present a serious and immediate danger to themselves or others, making it unsafe to continue.
This is not the same as refusing to work. If you and your employer continue to disagree about the safety of the situation, you can request an independent assessment or contact the Netherlands Labour Authority for assistance.
Knowledge file Safe Lifting
Use lifting equipment safely and correctly. Learn how to sling loads properly and how to inspect, examine, and test lifting equipment to ensure safe and responsible lifting operations.
