The individual dossier
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Content of the dossier
One of the tasks of the Prevention Advisor for psychosocial aspects is to create and keep updated the individual dossier when a formal request for psychosocial intervention is submitted.
Depending on the procedure applied, this individual dossier contains:
- where applicable, the document that confirms the first personal interview during which the worker is informed of the possibilities for intervention;
- where applicable, the document on the type of informal psychosocial intervention chosen by the applicant;
- the document that confirms the compulsory personal interview;
- the formal request for psychosocial intervention;
- where applicable, the document that contains the acceptance or refusal of the request;
- the document that informs the employer that a formal request for psychosocial intervention has been submitted;
- the document that informs the applicant that the request mainly concerns risks of a collective nature;
- where applicable, the signed and dated declarations by the persons interviewed by the Prevention Advisor for psychosocial aspects;
- where applicable, the document on the extension of the deadline for submitting an advice to the employer;
- the advice of the Prevention Advisor for psychosocial aspects;
- the document in which the applicant and the other person directly involved are informed of the date on which the advice was submitted to the employer;
- a document that transmits the advice of the Prevention Advisor for psychosocial aspects to the employer and, with the agreement of the worker, to the confidential counsellor if this person was involved informally in the same situation;
- the documents by which the applicant, the other person directly involved and the Prevention Advisor responsible for the internal service are informed of the proposed measures and their justifications;
- the document containing the reasoned decision of the employer regarding the action taken following the request;
- where applicable, the document by which the Prevention Advisor for psychosocial aspects, in the context of a mainly collective request, proposes measures to the employer that may be precautionary in nature to prevent the worsening of the worker's health.
- where applicable, the document that informs the employer that the mainly collective request is being handled by the Prevention Advisor for psychosocial aspects in accordance with the individual procedure, and the written agreement of the worker.
In the event of a formal request for psychosocial intervention due to acts of violence or moral or sexual harassment at work, the individual dossier also contains the following information:
- the document informing the employer that a request has been submitted and that the worker enjoys protection against reprisals;
- the document informing the employer that direct witnesses enjoy protection against reprisals.
- where applicable, the proposals for provisional measures provided to the employer;
- where applicable, the employer's decision on these provisional measures;
- where applicable, the request for intervention from the Supervision of Well-being at Work inspection service.
The personal notes that the Prevention Advisor for psychosocial aspects drafted during the process must not be included in the individual dossier.
These are the notes that helped the Counsellor to determine the necessary steps, their deliberations, their personal comments, their working hypotheses and the notes they drafted during the conversations with the persons interviewed, including those who preferred to remain anonymous. These personal notes cannot be accessed by the parties or the Supervision of Well-being at Work inspection service.
Conservation of the dossier
Individual dossiers are kept by the Prevention Advisor for psychosocial aspects and are their sole responsibility.
Dossiers are kept for 20 years from the date of submission of the request.
Dossiers can also be kept on an electronic medium, provided that they are complete and the authenticity of and access to the documents are protected and secure.
Communication of the dossier
To the Supervision of Well-being at Work inspection service
The Prevention Advisor for psychosocial aspects makes the full individual dossier available to the inspection services, including the declarations signed by the persons interviewed by the Prevention Advisor as part of the formal psychosocial intervention.
This allows inspection services to monitor the impartiality and independence of the Prevention Advisor for psychosocial aspects.
This is particularly important in dossiers involving relationship problems in which the employer, client or external service for prevention and protection at work or the employer of the internal Prevention Advisor for psychosocial aspects is directly involved.
This also allows the inspection services to assess the measures proposed by the Prevention Advisor for psychosocial aspects and decide whether they can be imposed on the employer or whether other measures would be more appropriate.
To the labour inspectorate
The Prevention Advisor for psychosocial aspects makes the full individual dossier available to the labour inspectorate
The declarations by the persons interviewed may, however, only be sent to the labour inspectorate if these persons have given their written consent to this in their declaration.
Transfer of the dossier during a change of external service for prevention and protection at work
It is possible for the employer to change the external service for prevention and protection at work, for example because the contract with this external service has been terminated by one of the parties.
In this event, the individual dossiers must be sent to the new external service used by the employer.
This must take place in accordance with a specific procedure in which a distinction is made between requests still being processed and requests that had been completed at the time of the change.
Professional secrecy must always be guaranteed during the transfer of dossiers.
The request is still being processed
The Prevention Advisor for psychosocial aspects to whom the request was submitted informs the applicant and any other person directly involved as soon as possible that the external service for which they work will no longer be responsible for handling their request.
At the Counsellor's request, the employer will inform them of the name of the external service that will take over the handling of their request.
The Prevention Advisor for psychosocial aspects to whom the request was submitted then transmits the individual dossier to the Prevention Advisor for psychosocial aspects in the new external service. This new Counsellor informs the applicant and the other person directly involved that they are taking over the processing of the request.
The processing of the request has been completed
Where necessary for the performance of their missions, the Prevention Advisor for psychosocial aspects in the new external service may ask the Prevention Advisor for psychosocial aspects to whom the request was submitted to provide them with a copy of the individual dossier.
- 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.