Both the user undertaking and the temporary work agency may be subject to criminal sanctions. If an accident or health problem occurs and a link could be made between the absence of a workstation sheet and the damage, both parties may be held responsible.
When wishing to occupy a temporary worker, the user undertaking must provide a workstation sheet to the temporary work agency if a prior health assessment is required for this position/ this function.
Failure to create and/or properly update such legal and mandatory documents (i.e. social documents) is punishable by law. The court can sanction anyone who does not cooperate (possibly because of their negligence). Officers in charge of monitoring well-being at work (labour inspector) are regularly required to see workstations when visiting a temporary work agency. This is certainly the case when a temporary worker has been the victim of a (major) accident.
The availability or not of a workstation sheet is a criterion in the evaluation of a user undertaking.
The victim must prove the following:
- Mistake. For example: a worker does not know that the substances she has to work with can be dangerous for a pregnant woman and her child because the information has not been communicated to her.
- Damage. For example: miscarriage or malformation of the foetus.
- The relationship between the two. For example: there was no workstation sheet on which the pregnant woman could find information that she was supposed to work with dangerous products. As a result, she did not inform the temporary work agency and/or the user undertaking of her pregnancy.
The user undertaking may be held liable for the damage if it has not provided any information via the workstation sheet.
The temporary work agency may also be held liable if it has not informed the temporary worker of the risks mentioned on the workstation sheet.