New system 'aggravated risk’, should decrease the number of workplace accidents and make companies more safety minded.
Accident prevention is a key part of the welfare plan that every employer needs to develop and apply. The risks to which workers are exposed should be identified and fully as possible disabled. This includes risk analysis and should result in prevention actions. For special work situations, such as working at height, specific measures are taken.
More accidents = higher contribution
The principle of "aggravated risk" aims to reduce workplace accidents by asking additional contributions to unsafe companies. The Royal Decree of 23 November 2010, which takes effect the 1st January 2011, obliges these companies to pay their insurance an amount between 3.000 to 15.000 Euros. The money is used for specific accident prevention actions inside the particular ‘aggravated risk’ company.
'Workplace accidents' redefined
A workplace accident is defined as "any accident an employee has during and due to his employment contract and causing an injury”. New is that the term accident at work is limited to "the work leading to a death or a temporary disability of at least four days, the day of the accident is not included. This means that the lighter accidents will no longer be counted. Also accidents on the way to and from work is specifically excluded.
Additional condition "aggravated risk"
For companies with an aggravated risk, the workplace accident fund is based on the number of accidents compared to peers during the past three years (= observation period). The 200 most unsafe companies must pay an additional contribution in 2011. An insured risk is only considered as an "aggravated risk" if three conditions are met:
* 1. In a specific observation period at least five workplace accidents occurred.
* 2. In the last calendar year and in another calendar year of the observation period, the risk index on an annual basis is at least ten times the risk index for the sector accident figures.
* 3. New: in the last calendar year and in another calendar year of the observation period, the risk index of the firm on an annual basis is at least 30 times the risk index from the private sector accident figures. This factor 30 is introduced as a the bottom limit.
Special arrangements
If the insurance company points a company "with an aggravated risk", then this company has to pay a flat fee. If this company has to contribute again one year later, the insurance will not consider them as “aggravated risk” when the following conditions are fulfilled:
* 1. The company's flat fee is paid for the previous year
* 2. The company has a plan prepared and implemented with specific prevention measures.
Through this scheme, a company cannot be sanctioned two years in a row. Another consequence of this arrangement is that a company, conviction to pay a lump sum, has one year time to reduce accidents at work through elaborate preventive measures.
Additional Information
Royal Decree of 23 November 2010 amending the Royal Decree of 23 December 2008 implementing the Law of 10 April 1971 relating to the disproportionately aggravated risks, Moniteur Belge, 26 November 2010, p. 73136.
The French version of the Belgian workplace accidents fund
Also a German version is available
BACK TO THE NEWS PAGE
Accident prevention is a key part of the welfare plan that every employer needs to develop and apply. The risks to which workers are exposed should be identified and fully as possible disabled. This includes risk analysis and should result in prevention actions. For special work situations, such as working at height, specific measures are taken.
More accidents = higher contribution
The principle of "aggravated risk" aims to reduce workplace accidents by asking additional contributions to unsafe companies. The Royal Decree of 23 November 2010, which takes effect the 1st January 2011, obliges these companies to pay their insurance an amount between 3.000 to 15.000 Euros. The money is used for specific accident prevention actions inside the particular ‘aggravated risk’ company.
'Workplace accidents' redefined
A workplace accident is defined as "any accident an employee has during and due to his employment contract and causing an injury”. New is that the term accident at work is limited to "the work leading to a death or a temporary disability of at least four days, the day of the accident is not included. This means that the lighter accidents will no longer be counted. Also accidents on the way to and from work is specifically excluded.
Additional condition "aggravated risk"
For companies with an aggravated risk, the workplace accident fund is based on the number of accidents compared to peers during the past three years (= observation period). The 200 most unsafe companies must pay an additional contribution in 2011. An insured risk is only considered as an "aggravated risk" if three conditions are met:
* 1. In a specific observation period at least five workplace accidents occurred.
* 2. In the last calendar year and in another calendar year of the observation period, the risk index on an annual basis is at least ten times the risk index for the sector accident figures.
* 3. New: in the last calendar year and in another calendar year of the observation period, the risk index of the firm on an annual basis is at least 30 times the risk index from the private sector accident figures. This factor 30 is introduced as a the bottom limit.
Special arrangements
If the insurance company points a company "with an aggravated risk", then this company has to pay a flat fee. If this company has to contribute again one year later, the insurance will not consider them as “aggravated risk” when the following conditions are fulfilled:
* 1. The company's flat fee is paid for the previous year
* 2. The company has a plan prepared and implemented with specific prevention measures.
Through this scheme, a company cannot be sanctioned two years in a row. Another consequence of this arrangement is that a company, conviction to pay a lump sum, has one year time to reduce accidents at work through elaborate preventive measures.
Additional Information
Royal Decree of 23 November 2010 amending the Royal Decree of 23 December 2008 implementing the Law of 10 April 1971 relating to the disproportionately aggravated risks, Moniteur Belge, 26 November 2010, p. 73136.
The French version of the Belgian workplace accidents fund
Also a German version is available
BACK TO THE NEWS PAGE
