Initial analysis: refusal or acceptance of the request
On this page
Prior to the examination of the worker's situation, the Prevention Advisor for psychosocial aspects must decide whether they will accept or refuse the submission of the request.
They will refuse the submission of the request if the situation described clearly does not involve psychosocial risks at work. This means that, at first sight, it is undeniable and obvious that the situation does not fall within the definition of psychosocial risks at work.
The Prevention Advisor for psychosocial aspects must not carry out an in-depth investigation on site before taking a decision. Their examination is based on the description of the situation in the written request. The general idea behind this possibility of refusing the request is to avoid the abusive use of the procedure.
The decision to refuse the submission of a request must be taken with a great deal of care, as the situation may engage the liability of the Prevention Advisor for psychosocial aspects.
However, refusal of the request does not always mean that the worker in question can no longer be heard. The Prevention Advisor for psychosocial aspects may, for example, direct the worker to other people in the company, such as the social assistant, or pass the information on to the worker's line management, with their agreement.
The following example situations clearly do not involve psychosocial risks at work:
- a worker submits a request because they think they are experiencing psychological harm due to working in a team/at night. However, this work rule applies to this sector of activity, is applicable to all the workers in the company and is in compliance with the legal provisions on night working and team working. This situation clearly does not involve psychosocial risks at work, as the employer has no impact on the danger because they cannot abolish team/night working.
- a worker believes that the work rate and the company is too high and submits a formal request to the Prevention Advisor for psychosocial aspects. The fact that the worker cannot keep up with this rate, however, is due to concentration problems following a divorce. The cause of the problem is therefore in their private life. This situation clearly does not involve psychosocial risks at work, as the employer has no impact on the worker's private situation.
The decision on whether to accept or refuse the request is notified to the applicant at the latest ten calendar days after its receipt.
The request is deemed to be accepted if no decision has been notified within this deadline.
- Firstly, with the prevention advisor of the internal and/or external service for prevention and protection at work.
- Secondly, with the competent regional directorate for Supervision of Well-being at Work.
- Questions on the interpretation of the legislation: in writing to the Directorate-General for Humanisation of Labour.