What can, may or should the internal prevention adviser do? Some pertinent questions

There are three levels of prevention adviser: level 1, 2 and 3. Level 1 and 2 prevention advisers are required to undergo additional training. Level 3 prevention advisers (in smaller companies category C and D) only need to have sufficient basic knowledge.

Which level your prevention adviser should have depends on which group your company belongs to (A, B, C or D). That classification depends on the NACE code and the number of employees.

The Welfare Act stipulates that level 1 and 2 prevention advisers must have successfully completed the recognised additional training before they can perform the job. There should also be evidence of successful completion of the training.

In practice, however, prevention advisers are often appointed before their training is complete. This is especially the case if there is no one else in the company who can take up the role of PA. Often, the external service will then be asked to support the trainee. The identification document then records who does what.

The employer designates the internal prevention adviser. To do so, he needs prior agreement from the Committee for Prevention and Protection at Work (CPBW) This also applies when a prevention adviser is replaced or dismissed. Is there no agreement from the CPBW? Then the employer may not act unilaterally, but will have to seek the advice of the officer in charge of supervision/ Who will then first try to mediate between the two parties before taking the matter to the labour court.

Any person associated with the Internal Department for Prevention and Protection at Work (IDPBW) is protected against dismissal, if that would be the consequence of being a prevention adviser. The prevention adviser may be dismissed only for a reason related to their competence and which does not affect their independence as prevention adviser.

Yes, but there should be the best possible distinction between the prevention adviser function and the other function(s). To keep the distinction, draw up an annex to the employment contract, clearly describing the functions. In it, or in the identification document, also state the employee's rate of employment as a prevention advisor. For example: 30% prevention advisor, 70% other function.

The Welfare Act states thatprevention advisers perform their advisory role in complete independence from the employer and employees. A prevention adviser is appointed by the employer, in consultation with the CPBW. Both parties assess whether the independence can be kept in combination with another function. In terms of independence, this means that a prevention adviser may not be part of the managerial staff. The Welfare Act also states that the prevention adviser cannot be an employer or employee representative.
 

The prevention adviser must be able to function in complete independence. Yet the prevention adviser who heads the IDPBW must report within the organisation. He reports to the person responsible for the daily management of the organisation. In a broader context, the IDPBW's role is to assist the employer, managerial staff and employees in designing, implementing and evaluating welfare policies.

To determine the applicable language regime, the area in which the company's place of business is located is decisive.

In concrete terms this means that if the place of business is in Flanders, all documents must be drawn up and communicated in Dutch. The same applies to Wallonia (in French), Brussels-Capital (bilingual) and the municipalities with facilities (depending on the specific language area).

The same rule applies to the prevention adviser, who follows the language of the language area where the place of business is. The prevention advisor may, of course, decide to provide a translation of the documents for employees who speak a different language, and to communicate with workers in other languages.