Why a prevention adviser is mandatory
Article 33 of the Well-being at Work Act requires every employer to set up an internal service for prevention and protection at work, with at least one prevention adviser. In a company with fewer than 20 employees, the employer may perform that function personally.
Exceptions
There is no exemption, not even for the smallest employer. If the internal service cannot carry out all tasks itself, the employer also calls on an approved external service. Without its own medical department, the employer always needs that external service, and in the smallest companies it also carries out the risk analysis and certain accident investigations.
What is the risk?
Failing to set up an internal prevention service is a level 3 offence under Article 128 of the Social Criminal Code: an administrative fine of € 1,000 to € 10,000. If it leads to harm to health or an accident at work, the penalty is heavier.
What to do
Appoint a prevention adviser, or take on the role yourself below 20 employees, and also join an approved external service for prevention and protection at work.
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .