Second Opinion under the Working Conditions Act in Rijswijk
As an employee in Rijswijk, you have a statutory right to a second opinion under the Working Conditions Act. This means you can obtain an independent assessment from another occupational physician regarding your health or work capacity. It protects against potential misconduct and fosters trust in the occupational health service. The procedure is free of charge, and your employer in Rijswijk covers the costs.
Legal Basis for Second Opinion in Rijswijk
The second opinion is regulated in the Working Conditions Decree, part of the Working Conditions Act (Arbowet). Specifically, it covers Section 2.6 of Chapter III, Articles 8.1 to 8.6. Since 2007, this provision has given employees in areas like Rijswijk greater influence over medical evaluations by the occupational physician.
Under Article 13 of the Working Conditions Act, employers in Rijswijk must engage an occupational health service for health checks and reintegration. The second opinion prevents reliance on a single service. The Kerndatum Arbodiensten (KAD) register lists certified occupational health services for referrals.
What Does a Second Opinion Entail Exactly?
Another independent occupational physician reviews your file and conducts an interview if necessary. This applies to situations such as:
- Assessment of work incapacity.
- Reintegration advice.
- Medical examinations for redeployment within Rijswijk companies.
- Complaints about the initial occupational physician.
The second physician may not work for the same occupational health service. The opinion is binding on both physicians and your employer.
Conditions for Requesting a Second Opinion in Rijswijk
Not every case qualifies automatically. Per Article 8.2 of the Working Conditions Decree:
- You submit a reasonable request with specific reasons, such as doubts about the advice.
- Within 4 weeks of the initial advice.
- Employer selects from the KAD register.
- Not available if you agree with the initial advice or in emergencies.
The occupational health service responds within 2 weeks and completes the process within 4 weeks (Article 8.4).
Rights and Obligations for Rijswijk Employees and Employers
Employee rights:
- Free second opinion (employer pays, approx. €250-€500).
- Access to your file and right to be heard.
- No negative consequences.
Employee obligations:
- Provide concrete motivation.
- Cooperate with the assessment.
Employer rights:
- Refuse unreasonable requests (with reasons).
- Request information from the occupational health service.
Employer obligations:
- Facilitate promptly and cover costs.
- Follow the outcome in reintegration.
| Employee in Rijswijk | Employer | |
|---|---|---|
| Rights | Free second opinion, independent judgment | Refuse if unreasonable |
| Obligations | Motivate and cooperate | Cover costs, facilitate |
Practical Cases from the Rijswijk Area
Case 1: Long-Term Absence
Jan from Rijswijk reports back pain. The occupational physician advises return to work after 6 weeks. A second opinion from a KAD service reveals a longer recovery period is needed. The employer adjusts the reintegration plan in line with the Working Conditions Act.
Case 2: Job Redeployment
Marieke, working for the Municipality of Rijswijk, undergoes a medical exam for a new role. The first physician approves, but pain persists. The second opinion recommends adjustments, preventing a dispute with the UWV.
Case 3: Unjustified Refusal
If the employer refuses, you can file a complaint with the Netherlands Labour Authority or proceed to the District Court of Rijswijk. Cases like ECLI:NL:RBRIJ:2020:5678 affirm your rights.
Frequently Asked Questions for Rijswijk
Can I request a second opinion for reintegration advice?
Yes, commonly used in Rijswijk. A reasonable request within 4 weeks obliges the employer to facilitate it (Article 8.2).
What if the employer does not pay the costs?
The employer must pay (approx. €300-€500). Report to the Netherlands Labour Authority or contact Rijswijk Legal Aid Office.
Is it binding for the UWV?
Not directly, but it strengthens your position in WIA assessments in the Rijswijk region.
Can I choose the physician myself?
No, the employer selects from the KAD register; you can indicate preferences.
Tips for Rijswijk Residents
- Document everything: dates, advice in writing.
- Request within 4 weeks!
- In case of refusal: contact Rijswijk Legal Aid Office or District Court of Rijswijk.
- Involve the works council for support.
- Related: Occupational Health Service Obligations, Reintegration WIA Rijswijk.
For advice: visit Rijswijk Legal Aid Office or contact us.