Safe working environment and COVID-19
Every employer has a duty to ensure a safe working environment as much as is reasonable. It is the employer’s responsibility to prevent damage to the health of the employees while carrying out that work. This is regulated in Dutch law in article 7:658 of the Dutch Civil Code. In practice, this means that an employer must take all measures that are reasonably necessary to prevent employees from suffering damage during their work.
Employees in essential occupations and vital processes cannot just drop their work. Employers must therefore take extra precautions to prevent coronavirus contamination. This also includes providing sufficient and suitable protective equipment. Has your employer not or insufficiently provided for this? Then your employer may be liable for your personal injury. As an employer, you are in many cases liable for damage suffered by your employees. If an employer fails to take adequate measures – and to monitor compliance with instructions to this end – this can lead to liability and therefore to the obligation to compensate for damages.
Shortage of face masks and employer liability
It is possible that due to a lack of face masks or other protective equipment, some precautions cannot be taken. In that case, an employer cannot be expected to do the impossible in fulfilling the duty of care. It may be that in some cases there is force majeure. It is not always clear whether the shortage of protective equipment should be at the employer’s risk and expense. Of course, this does not apply to professions where it is perfectly possible to work from home and the employer nevertheless obliges the employee to come to the office – unprotected.
