Rotterdam – Joan Nunnely recently expressed her concerns in Havennieuws about the phenomenon of “greenpicking” in the port. This refers to the practice in which employers try to lure young people into work at the earliest possible age, often resulting in inexperienced, insufficiently trained young workers who leave school before obtaining their diploma. For several months now, the Dutch Labour Inspectorate has made this possible through a new guideline.
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After consultations with the Dutch Labour Inspectorate, representatives from the most dangerous sectors — (petro)chemicals, demolition, maintenance, logistics, port operations and industry (Deltalinqs, VOMI, Sitech, SITO Employers’ Association, Stichting OOI and Process Technology & Maintenance Limburg) — received an “interpretation” (in Dutch) allowing them to offer internships and vocational training (BBL) under a limited set of conditions:
- young people work under supervision, and
- they do not perform tasks requiring more than standard PPE (personal protective equipment) such as a helmet, hearing protection, safety glasses, gloves and closed work clothing, and
- even with PPE, they may not come into any contact (including holding, touching through gloves or clothing, or inhalation) with hazardous substances, and
- they may not perform work on or with storage equipment containing (residues of) designated hazardous substances, such as pipes, drums, tanks or reservoirs.
Since the introduction of this work instruction — an interpretation of Article 4.105 of the Working Conditions Decree — several accidents have already occurred. The youngest victim was a 21‑year‑old school dropout from Capelle aan den IJssel, who died in his first month at C. Steinweg Handelsveem in Rotterdam, inside a ship’s hold.
European Union
The European Union, which leads in setting standards for risks, safety and health at work for employees aged 15 and older, states the following:
- As an employer, you must conduct a risk assessment and take the necessary measures to protect the health and safety of young people in the workplace. This must be done before they start working for you.
- You may not employ young people for the following types of work: a. work that exceeds their physical or psychological capacities b. work that exposes them to harmful products, such as hazardous chemicals or radiation c. work with a high risk of accidents that young people may not be able to properly assess or avoid due to lack of experience, training or attention to safety d. work that endangers health due to extreme cold, heat, noise or vibrations e. work involving dangerous processes (explosions, toxic substances, high voltage, etc.)
- You must inform young workers about the possible risks of their work and the measures taken to protect their health and safety. If the young person is under 15, you must also inform their parents or guardian.
- If the risk assessment shows that there is indeed a danger to their safety, physical or mental health, or development, the employer must offer the young person a free medical and psychological examination beforehand.
Dutch Practice
Now, under pressure from many foreign companies, the Dutch Labour Inspectorate is — for the first time in 70 years — again allowing companies to recruit young people for the most dangerous professions under the guise of “work experience.” What concerns me most is that the Labour Inspectorate has not added the requirement from point 3 of the EU directive: that at the very least the internship supervisor, and preferably also the parents or guardian of a 16‑year‑old, must be informed of the risks.
The Netherlands is effectively turning the clock back 70 years, returning to a situation where sixteen‑year‑olds are again allowed to work in dangerous sectors. Back then, the country was emerging from a devastating war and needed to be rebuilt. Today, the motivation seems to be nothing more than stock prices and profit.
The work instruction also contains no reference to point 4: the mandatory medical and psychological examination. How else can one determine point 2a — whether the work exceeds the physical or psychological capacities of the trainee?
Furthermore, the Labour Inspectorate seems to pay little attention to point 2b (exposure to harmful substances) and 2c (work with a high risk of accidents). The only additional conditions they impose relate to personal protective equipment.
High Number of Fatal Accidents Among Young Workers
Sixteen‑year‑olds are not allowed to order a beer on a terrace, cannot buy tobacco, and cannot drive a car independently — but thanks to the Dutch Labour Inspectorate, they can work in the most dangerous sectors of the Netherlands.
Given the high number of fatal and permanently disabling accidents among young workers (see also the Havennieuws – C. Steinweg Death Monitor) and Articles 1.37 and 4.105 of the Working Conditions Decree, the question arises whether the Labour Inspectorate is bending far too much to the wishes of industry.
We have, in any case, submitted questions to the Labour Inspectorate about whether their policy complies with European regulations. We will, of course, share their response(s) with you immediately.
You can find the press release in which the Dutch Labour Inspectorate loosens the reins here.