Preventing workplace psychosocial hazards: paths of action (2)

Author: Catherine Mairy
Date:

In the context of the prevention of psychosocial hazards at work, workers who consider that they have sustained psychological harm, which may also be accompanied by physical harm, arising out of workplace psychosocial hazards including violence, bullying and sexual harassment in the workplace, can use new procedures since 1 September 2014.

More specifically, these workers have the possibility:

  • to either directly address the employer/a line superior/a member of the committee for prevention and protection at work/a trade union delegate;
  • or, in the context of the internal procedure:
    • request informal psychosocial intervention;
    • or request formal psychosocial intervention of a mainly collective nature or a mainly individual nature; 

     

  • or contact the Directorate of the Inspectorate of Well-being at Work;
  • or raise proceedings in the competent court

taking into account that the internal procedure should, in principle, be primarily resorted to.

This Infoflash briefly reviews how the request for formal psychosocial intervention of a mainly individual nature is handled.

=> For further information on how a request for informal or formal psychosocial intervention of a mainly collective nature is handled, please consult our Infoflash that was published on 17 October 2014.

Reminder! The employment regulations must be adapted by 28 February 2015 and must include the following:

  • the procedures which are directly accessible to the worker who considers that he/she has sustained harm;
  • the contact details of the psychosocial hazards prevention adviser or the service for prevention and protection at work for which this adviser carries out his duties, and the contact details of the designated confidential counsellor if there is one.

=> Order the appendix to the employment regulations containing these new provisions.

Request for psychosocial intervention of a mainly individual nature

In the context of the internal procedure, workers who consider that they have sustained psychological harm, which may also be accompanied by physical harm, arising out of workplace psychosocial hazards including violence, bullying and sexual harassment in the workplace, can file a request for formal psychosocial intervention of a mainly individual nature, that may be based on acts of violence, bullying or sexual harassment in the workplace. 

When the request has been accepted (see diagram 2 in our Infoflash of 17 October 2014), it is handled as described below in diagram 3.

To be continued..., watch this space!

Sources: Act of 28 February 2014 supplementing the Act of 4 August 1996 on the well-being of workers in the performance of their work as regards the prevention of psychosocial hazards at work, including violence, bullying and sexual harassment in the workplace, Moniteur belge of 28 April 2014; Royal Decree of 10 April 2014 on the prevention of workplace psychosocial hazards, Moniteur belge of 28 April 2014; in French on the website of the FPS Employment, Labour and Social Dialogue, heading "Thèmes/Bien-être au travail/Charge psychosociale" (www.emploi.belgique).