Aggravated risk of occupational accidents: take timely action

The government wants encourage the prevention of occupational accidents in organisations that score less favourably than the sector average in this respect. This is what the aggravated risk concept was created for. Organisations that fail to record significantly fewer occupational accidents after a three-year observation period risk financial penalties. What do you need to know?

The principle behind aggravated risk is simple. The government looks at how successful organisations are in preventing workplace accidents at sector level. Organisations that submit a poor report three years in a row may have to pay a flat-rate contribution to the insurance company. Companies that deviate significantly from the sector average will be notified in writing through Fedris (Federal Agency for Occupational Risks). The aim is to encourage them to take timely action, either with or without support from their external service for prevention and protection at work.

What does aggravated risk mean?

Aggravated risk is when the risk index of a company over a three-year period exceeds a particular threshold. The risk index is calculated based on accident frequency and the duration of the temporary incapacity relative to employment in full-time equivalents.

There is possible aggravated risk if at least six accidents occurred during the observation period that each resulted in temporary incapacity of at least four days or a death.

The threshold is crossed if during the last year and at least one of the other years in the observation period:

  • the risk index of a company adds up to at least twice the average index of the business sector on an annual basis;
  • the risk index of a company adds up to at least five times the average index of the private sector on an annual basis;

What’s more, at least two accidents per year must have occurred during the observation period.

The risk indices of the business sectors and the private sector can be found on the Fedris website. This is also where you’ll find the calculation formula for aggravated risk, including calculation examples.

Who determines the aggravated risks?

Fedris calculates the risk indices of the private sector, business sectors, and companies. It also compiles the list of companies that are considered an aggravated risk. For this, Fedris relies on the data in its database which is provided by insurance companies.

What happens if your company is given aggravated risk status?

Every year, Fedris will notify insurance companies before 30 November about their aggravated risk clients. The Federal Public Service for Employment, Labour and Social Dialogue will also be given this information. Since 2022, companies covered by joint committees 124 (construction) or 126 (furniture and wood industry) have been monitored by the prevention institutes Constructiv or Woodwize respectively. They will also receive a sector list of the aggravated risk companies.

Each insurance company will notify clients with aggravated risk within 30 days. These organisations are required to pay a flat-rate contribution to their insurance companies. With this, the prevention service from the insurance company will analyse the risk within the organisations and draw up a proposed action plan with specific measures.

The flat-rate contribution is calculated based on the number of employees (in FTEs) at the company and indexed.

What should you do if your company is given aggravated risk status?

Draw up an action plan to prevent workplace accidents. This should be done in consultation with the internal or external service for prevention and protection and the committee for prevention and protection at work (or in the absence of a committee, the trade union delegation or the employees).

Over a period of three years, the insurance company or the prevention institute will make regular enquiries about the implementation of the action plan. Fedris will receive a follow-up report on this every year. In turn, Fedris will also make the information available to the FPS Employment’s occupational welfare monitoring services.

In specific situations, it is possible to submit an appeal by registered letter to the Fedris occupational accident management committee. You can find more information here.

As a Mensura client, you can use supporting documentation in MyMensura to help you draw up an action plan.

What happens if your company is still at aggravated risk during the following two years?

Does your company still hold its aggravated risk status for the next two years? Your organisation will not be treated as an aggravated risk for the next two selections if the flat-rate contribution has been paid and an action plan has been drawn up.

Failing to adhere to the flat-rate contribution or action plan will mean your company is included when compiling the new list of aggravated risk companies.

Tackle workplace accidents at the root

Each occupational accident is one too many. So, don’t wait for accidents to happens, but establish a preventive plan in time and work on a culture of safety. Our specialists are ready to advise you and help you draw up your action plan. Contact us via the form below to find out more.