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New rules for the Joint Internal Service for Prevention and Protection at Work
The regulations around the Joint Internal Service for Prevention and Protection at Work (JISPPW) require action to be taken. Employers, who already have such a partnership in place, must check whether their service falls under the new ‘small’ or ‘large’ categories and which obligations this involves.
Need advice?
Not sure what these new rules mean for your joint internal service for prevention and protection at work?
IDEWE helps you assess your situation correctly and guides you through the next steps.
Large JISPPWs in place before July 2024 must apply for a new authorisation
The Belgian Wellbeing Act stipulates that all employers must have an internal service for prevention and protection at work. The service is then responsible for the company’s wellbeing policy. Under certain conditions, several employers can join forces to set up a joint internal service that acts for multiple companies which share a legal, economic or geographical link, for example.
A JISPPW is particularly relevant for small organisations which are able to join forces to engage a prevention advisor more efficiently, companies in a single group or which work closely together (such as local authorities which work with schools or inter-municipal associations), or for employers which want to improve their prevention policy by pooling expertise.
What has changed since 1 July 2024?
The reform, as set out in the Royal Decree of 26 March 2024 (and published in the Belgian Official Journal dated 2 May 2024), makes an important distinction between large and small joint internal services.
Large JISPPW
A large JISPPW is deemed to exist when the service acts on behalf of more than 2,000 employees, includes more than 10 employers, or has its own medical supervision department. Prior authorisation remains mandatory for such large services. Applications must be submitted to the Directorate-General for Humanisation of Work (HW) at the Federal Public Service Employment, Labour and Social Dialogue.
Small JISPPW
The authorisation procedure is greatly simplified for small JISPPWs with a maximum of 10 employers, a maximum of 2,000 employees and which do not have their own medical service. Prior ministerial approval is no longer required and employers may establish a JISPPW together more quickly and easily, provided that they meet the basic conditions (Art. II.2-4 of the Code), including the following:
- an agreement is in place between all employers involved and their prevention committees;
- clear agreements have been put in place regarding organisation, management and the distribution of tasks:
- there is demonstrable added value for employee wellbeing.
In both cases, the companies that form part of a JISPP and, therefore, do not have their own medical supervision department must in future be affiliated with the same external service for prevention and protection at work.
Transition period until 2027
Some transitional provisions apply to JISPPWs already established prior to 1 July 2024.
Small JISPPWs that continue to comply with the conditions as set out under the Code will retain their authorisation until 1 July 2027 at the latest. One of the participating employers must submit the confirmation of continuation to the Directorate-General for Humanisation of Work (HW) by 1 July 2027.
Large JISPPWs must apply for a new authorisation by 1 July 2026 at the latest. Failure to receive a new authorisation will mean companies must have separate internal services by 1 July 2027.
How can IDEWE help you?
We provide support to JISPPWs from across a range of disciplines. IDEWE acts as a content expert and guide as to how to interpret and implement the new regulations.
- A risk management support contract allows us to work together on a regular basis to achieve a sustainable – and increasingly high – level of well-being within the participating organisations.
- We use an initial audit to assess the extent to which the participating companies comply with the legislation and, if desired, support them in translating findings into feasible actions.
- After a site visit, the companies receive informed policy recommendations that provide direction for the next steps they should take.