Update on the indoor air quality legislation: is your publicly enclosed space in order?
Good air quality is essential for people’s health and productivity. Not only for your employees but also of anyone who enters a publicly enclosed space of your organisation. May 2024 saw some important legislative updates to improve indoor air quality in publicly enclosed spaces. Since then, this legislation has been further refined and several practical guides have been made available. You can read below what this means for your organisation.
Background of the new legislation
On 18 May 2024, a law was passed aiming to improve indoor air quality in publicly enclosed spaces. This law complements the earlier law of 6 November 2022 and introduces some key requirements that publicly enclosed spaces must comply with starting on 1 January 2027.
What is a publicly enclosed space?
An enclosed place open to the public, more specifically premises enclosed by doors or walls, having a ceiling or floor, and not limited to the family or purely professional sphere.
For example: a working environment to which non-employees have access to like reception area, waiting area, sanitary facilities, etc.
Attention: Please note that this does not cover your employees' private workplaces such as a (closed) office that is not publicly accessible, meeting rooms and other work environments that are not publicly accessible. Different legislation applies to these, see FPS WASO.
ℹ️ Do you need help with this? We can support you with advice on air quality and ventilation.
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What has changed?
From 1 January 2027, publicly enclosed spaces are required to comply with three key points. The three obligations of the renewed legislation are:
Use of air quality monitors: Companies must install air quality meters to continuously monitor air quality and inform the public about these.
Development of a risk analysis: A detailed risk analysis must be available, identifying potential sources of pollution and assessing air quality.
Action plan: If the risk analysis reveals problems, an action plan must be drawn up to address them.
There will also be a certification and labelling system to ensure transparency to the public. The specific requirements of air quality meters and the information to be included in the risk analysis and action plan can be read in the Royal Decree of 12 May 2024.
The FPS Public Health also provides practical guides around the implementation of these aspects:
Practical guide around the selection, installation, use and maintenance of air quality meters. (only in Dutch, French and German)
Practical guide on drawing up a risk analysis and action plan. (only in Dutch, French and German)
What is the difference between a risk analysis and an action plan?
A risk analysis identifies risk factors such as ventilation, systems in place, and possible sources of air pollution. The action plan defines the steps to improve this air quality, with specific short-, medium- and long-term actions.
Key elements in the risk analysis:
Description of rooms, ventilation systems and possible pollution sources.
Representative air quality measurements assessing the state of the air.
Key elements in the action plan:
The action plan should outline actions to improve air quality. This includes installing additional air quality monitors and maintenance measures for existing systems.
ℹ️ This can be a large and complex exercise. Our experts will support you in carrying out the measurements and risk analysis, as well as providing concrete advice on the action plan.
When does it change?
Since 1 October 2024, you have had the option to start this voluntarily. From 1 January 2027, the above points will be mandatory. The timeline for the implementation of the certification and labelling system has yet to be determined, but a man/woman prepared is worth two.
You can already start with the manuals (see above), or proactively invest in the indoor air quality of your spaces by, for example installing a CO2 detector.
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It is clear that the new indoor air quality legislation will have a significant impact on companies working in publicly enclosed spaces. By taking steps towards compliance now, not only can your company meet future legal requirements, but also ensure a healthy and productive working environment.