The new regulations on the mandatory appointment of a confidant came into effect on 1 December 2023[1].
The confidant is given certain tasks within the company in the context of psychosocial risks and their prevention in the workplace. He or she represents an accessible initial point of contact for employees to turn to with concerns about well-being at work.
Training is not a requirement to be appointed as a confidant. However, the confidant must complete the mandatory training within two years.
In principle, the occupational health and safety committee (OHSC) or, if there is no OHSC, the trade union delegation, must be involved in the appointment of the confidant. If there is no OHSC or trade union delegation present in the company, the employees themselves must be involved according to a legally defined procedure. The new law does not change the procedure for appointing a confidant, and the rules on positions that are incompatible with the position of confidant have not changed either.
Previously, the appointment of a confidant was only mandatory at the request of the trade union delegation, or (if there was no trade union delegation) at the request of the employees. The new law now makes the appointment of at least one confidant mandatory for all employers (both public- and private-sector) with 50 or more employees. For companies with fewer than 50 employees, it is still the case that the appointment is only mandatory on request, as explained above.
Moreover, the new legislation requires the confidant to be a member of the company’s personnel if 50 or more employees are employed by the company or the company employs 20 or more employees and uses a health and safety advisor for psychosocial issues from an external occupational health and safety service.
Companies with 50 or more employees are required to appoint a confidant who must be a personnel member. In addition, note that the employment regulations also need to be adjusted to include the confidant’s contact details. Changing the employment regulations is simple in this context, as the normal strict procedure for changes does not have to be followed in this case.
[1] Law of 5 November 2023 containing various employment provisions, Belgian Official Gazette 23 November 2023.