Newsflash
Social inspections and criminal law

In 2013, 150 members of the labour inspectorate will survey safety at building sites over a period of four days. In case of serious infringements, construction works will be shut down.

Recent events involving accidents at building sites that have appeared in the media underline the necessity to implement a comprehensive safety policy. The authorities are also monitoring more closely whether safety provisions are correctly complied with. Statistically, one in four fatal work accidents occurs in the construction sector. Intensified inspections were announced on the website of the Belgian Federal Public Service.

With regard to such inspections, the inspectors (inspectorate TWW) have far-reaching powers, including the power to shut down construction works until the necessary measures are taken. The inspectorate has announced that it will make use of this possibility more frequently in the future.

Moreover, infringements of provisions concerning the well-being of workers can be (criminally) sanctioned. In order to identify these infringements, inspectors usually question workers as well as the management/employer. It is most important to be aware of your rights during such interrogations. For example, employers, managers and directors have a right to a prior consultation with their counsel with a view to preparing for the interrogation. A thorough preparation of the file can often temper the bad consequences afterwards.

> Action point:

Get in touch with your counsel in due time in order to draft an action plan in case of unexpected visits by the inspectorate or accidents at the building site.