By Sander Kieboom, Senior Account Manager Gas Measurement at EWS Group
Last updated on 28 September 2026
Short answer: Unloading import containers without covering the risks of hazardous gases in your risk assessment (RI&E) and action plan breaches the Dutch Working Conditions Act (Arbowet). The Netherlands Labour Authority can impose a fine immediately. Base amounts range from €340 to €13,500, up to five times higher after an accident. EWS Group, a specialist in container gas measurement, helps prevent this.
What does the Working Conditions Act require when unloading containers?
When unloading import containers, an employer must have three things in place under the Dutch Working Conditions Act:
- Risk assessment (RI&E): a risk inventory and evaluation that also describes the risks of hazardous gases in containers.
- Action plan: which measures the employer takes against those risks and when, for example measuring gas before a container is entered.
- Information and supervision: staff know the risks, and the employer checks that the safe working method is followed.
Containers can contain hazardous gases from fumigant residues (such as methyl bromide, phosphine and sulfuryl fluoride) or from off-gassing of the cargo (such as solvents and formaldehyde). According to measurement data from EWS Gas Measurement, part of EWS Group, around 1 in 8 containers contains hazardous gases above the legal limit.
How high is a Working Conditions Act fine from the Netherlands Labour Authority?
Working Conditions Act fines are set out in the Policy Rule on fines under working conditions legislation (Beleidsregel boeteoplegging arbeidsomstandighedenwetgeving). The Netherlands Labour Authority classifies violations into seven categories, with base amounts from €340 up to and including €13,500. An employer that fails to report a workplace accident immediately, so that it can no longer be investigated, risks a base amount of €50,000.
The base amounts for two risk assessment violations are:
| Violation | Base amount (500+ employees) |
| No risk assessment (RI&E) | €4,500 |
| No action plan | €3,000 |
Since 23 July 2019, the inspectorate can impose a fine immediately for a missing risk assessment with action plan, without a prior warning. At the same time, the base amounts rose from €3,000 to €4,500 (no risk assessment) and from €750 to €3,000 (no action plan).
How does company size affect the fine?
The base amounts apply to employers with 500 or more employees. Smaller employers pay a percentage of the base amount, in six categories from 10 percent (up to four employees) to 80 percent. An employer with 40 to 99 employees pays half the base amount. A missing risk assessment therefore costs such a company €2,250.
When does a Working Conditions Act fine increase?
A Working Conditions Act fine is multiplied in four situations:
- Fatal accident: base amount times 5.
- Permanent injury or hospital admission: base amount times 4.
- Serious violation: base amount times 2.
- Many exposed workers: times 1.5 for more than 10 workers, times 2 for more than 50 workers.
For repeat violations, the fine can increase by 100 or 200 percent. Under the Working Conditions Decree (Arbobesluit), working with hazardous substances counts as a serious violation. A first repeat violation can then immediately lead to a 200 percent increase. For serious violations, the inspectorate can also halt the work, and criminal prosecution sometimes follows.
Can a Working Conditions Act fine be reduced?
Yes. An employer that can show it made a genuine effort to prevent the violation can receive a 25 percent reduction per element. There are four elements: the risks have been identified and there is a safe working method, the conditions for that method are in place, proper instructions have been given, and supervision has been carried out.
For containers, this means: a risk assessment that includes gas measurement, a measurement protocol, instructions for staff and recorded measurement results. Reports from the EWS Portal help to demonstrate this.
Will Working Conditions Act fines rise further?
In February 2026, the Dutch government announced a one-off increase in fines under the Working Conditions Act and the Working Hours Act, followed by annual indexation. For the Fair Work laws (Eerlijk Werk-wetten), this means an increase of around 18 percent per violation.
How can you avoid a Working Conditions Act fine when unloading containers?
EWS Gas Measurement, part of EWS Group, helps importers, warehouses and distribution centres comply with the Working Conditions Act when unloading containers. EWS Group’s approach consists of five elements:
- Risk assessment support: EWS Group helps draw up a valid risk assessment for gas measurement and evaluate gas measurements.
- Measurement protocol: containers are selected automatically for a gas measurement so that they can be entered safely.
- Gas measurements: EWS Gas Measurement measures the selected containers before they are opened.
- EWS Portal: customers find reports, measurement results and gas-free certificates in one online overview.
- Reporting: periodic reports give insight into the choices the customer has made for gas measurements and the corresponding measurement results.
EWS Group carries out more than 350,000 gas measurements a year. Read more about Gas Measurement.
Frequently asked questions about Working Conditions Act fines for containers
Can the Netherlands Labour Authority fine you immediately for a missing risk assessment? Yes. Since 23 July 2019, the Netherlands Labour Authority can impose a fine immediately for a missing risk assessment with action plan, without a prior warning.
Who is liable if a worker falls ill from gas in a container? The employer is responsible for a safe workplace under the Working Conditions Act. That remains the case when the gas measurements are outsourced.
Does every container have to be measured? Not every container has to be measured individually, provided the risks are acceptable. After a risk analysis and a build-up of measurement data, advice follows based on the risks found, including the option of reducing the number of measurements. The measurement protocol sets out which containers are selected for a gas measurement.
Do the fines also apply to small businesses? Yes, but adjusted: an employer with up to four employees pays 10 percent of the base amount.
How can I show that I comply with the Working Conditions Act for containers? With a risk assessment and action plan that include gas measurement, plus recorded measurement results and gas-free certificates, for example via the EWS Portal.
Source: Netherlands Labour Authority, fines for violations of working conditions legislation (in Dutch) (updated 8 September 2026).
