Ladder inspection: what the law asks, and what it costs if you skip it

The question that only gets asked once it has gone wrong

As long as nothing happens, nobody looks at your ladders. But on the day somebody falls, the first question from the labour inspectorate and from the insurer is always the same: can you show that this equipment was inspected?

If you cannot, the conversation starts with you already behind. And on this point the law is stricter than most business owners think.

The rules below are the Dutch ones. Belgium and Luxembourg have their own legislation, but the principle is the same across Europe: work equipment must be inspected, and you must be able to show it.

What the law actually asks

Article 7.4a of the Dutch Working Conditions Decree states that work equipment must be inspected periodically by a competent person. For climbing equipment it is repeated separately in article 7.23: you must have your ladders checked regularly.

The law itself names no fixed number of months. The practical standard used for that is NEN 2484, and it is clear:

• Professional use: at least once a year.
• Intensive use, such as on building sites and by contractors, in practice every six months.
• Light use: at least once every two years.

If your ladder is on the van every day, you fall under the first two. That is not a grey area.

Who is allowed to inspect?

An inspection has to be done by a competent person, but that does not have to be an outside company. It can be someone in your own crew who has been trained for it, for instance a foreman or your prevention officer.

What does have to be true: there must be proof on site that the inspection was carried out. Digital or on paper, it makes no difference, but it must be possible to show it. An inspection sticker on the ladder plus a register stating who inspected what and when is the usual form.

Why this is really about liability

Here is the part most people do not know, and it is the most important thing in this whole article.

In a workplace accident, article 7:658 of the Dutch Civil Code applies. It states that the employer is responsible for the maintenance of tools and for the measures and instructions meant to prevent harm. And then comes the provision that makes the difference: the burden of proof is reversed.

Normally the person bringing the claim has to prove the other party was at fault. Not here. In a workplace accident the employer has to prove that the duty of care was met. If that fails, the employer is liable for the damages.

Only if you can show that everything was in order, or if there was intent or deliberate recklessness on the employee's part, do you escape. That last test is a heavy one and is rarely accepted.

In plain language: a folder of inspection reports is not bureaucracy, it is your defence.

What an inspection does not cover

Watch out for a misunderstanding we hear often. An inspected ladder means the equipment is sound. It says nothing about the way it is used.

If someone works from it for forty minutes straight while the rule of thumb is fifteen, you still have a problem, fresh sticker or not. The duty of care also covers supervision and instruction. This article explains exactly which usage rules apply.

What you can do this week

• Count your ladders and write them down. Brand, type, where it lives, and when it was last inspected. Without a list you can prove nothing.
• Pick a fixed month. One moment a year when everything goes through is easier to keep up than separate dates per ladder.
• Keep the proof where it is needed. A report at the office does not help when the inspectorate is standing on the building site. Make sure it can be shown digitally too.
• Look not only at the ladder but at how it is set up. In most accidents the ladder does not break, it slides away or topples sideways. An inspection does not catch that; a good set-up and a proper fixing to the gutter or roof edge does.

If you are unsure what your situation needs, just ask. We will look at the work you do and what suits it.

This article is meant as practical explanation, not as legal advice. The rules are in chapter 7 of the Dutch Working Conditions Decree and in article 7:658 of the Dutch Civil Code.