Risk analysis and preventive measures in the event of abusive behaviour by a third party
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In many companies, workers come into contact with people other than their colleagues. These can be clients, suppliers, service providers, pupils, students and benefit recipients.
These people may be an additional stress factor for workers, but in certain circumstances may also be responsible for assault and harassment.
To allow the employer to react appropriately to or better anticipate abusive behaviour by third parties, they have an additional instrument to identify it, evaluate the risks and take collective preventive measures. This is a register of third party facts.
This register is a specific prevention document for violence and moral and sexual harassment at work.
A worker can write a declaration in this register if they believe they have been a victim of violence or harassment by a third party. This declaration contains a description and the date of the events.
In principle, the identity of the worker is not mentioned in the register, unless they agree to provide it. It may be useful to record the worker's identity if the register is also used to follow up with the worker and ask him if he wants to apply for psychosocial intervention.
This register is held:
- by the confidential counsellor,
- or by the Prevention Advisor for psychosocial aspects if they are internal,
- or by the Prevention Advisor responsible for the external service if there is no designated confidential counsellor and the Prevention Advisor for psychosocial aspects is external.
Access to this register is reserved for:
- the persons mentioned above,
- the employer.
The register is available for inspection by the Directorate General Supervision of Well-being at Work of the FPS Employment, Labour and Social Dialogue, which is responsible for ensuring compliance with this legislation.
The declarations contained in the register are kept for five years from the date on which the worker made them.
Recording acts of violence or harassment in the register of third party facts does not imply a formal request for psychosocial intervention due to violence or moral or sexual harassment at work. It does not therefore protect the worker against reprisals.
The employer must inform the workers
A register template is available in the Documentation > Procedures and forms > Register of third party facts tab (DOCX, 19.49 KB).
Workers who are victims of acts of third party violence at work may suffer post-traumatic stress.
It is therefore important that these workers receive the appropriate psychological support from specialised services.
The employer must appoint these services and receive advice from a Prevention Advisor for psychosocial aspects on the subject.
The employer must pay the cost of interventions by the specialised services, if they cannot be covered by social security (for example, in the event of acknowledgement of an occupational accident).
- 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.