In Belgium, employers are legally required to assess and mitigate the risks associated with manual lifting in the workplace and to protect their employees from overexertion. The basis for this is the 1996 Welfare Act and the accompanying Royal Decree of August 12, 1993, which specifically sets out the minimum safety and health requirements for the manual handling of loads. In this article, we answer the most frequently asked questions about the legal obligations regarding lifting in the workplace.
What does Belgian law say about manual lifting?
Belgian law requires employers to prevent or minimize all risks associated with the manual handling of loads. The Royal Decree of August 12, 1993, transposes European Directive 90/269/EEC into Belgian law and establishes the legal framework for manual lifting in the workplace. This decree is part of the broader Codex on well-being at work.
The law establishes a clear order of priority: mechanical aids must first be used to avoid manual lifting. Only when that is not fully possible do additional measures apply to limit the physical strain. It is not enough for employers to simply provide a lifting course; they must actively adapt the work environment and the organization of work.
The Codex on Workplace Well-Being, Book VIII, Title 4, sets forth all specific obligations for employers. The Labor Inspectorate monitors compliance and may impose sanctions in the event of violations.
What is the maximum weight that employees are allowed to lift?
Belgian law does not specify an absolute maximum lifting weight, but instead uses guidelines that depend on the situation, the employee, and the circumstances. As a general guideline, loads weighing more than 25 kg for men and more than 15 kg for women are considered risky. Stricter limits apply to young people and pregnant employees.
These guideline values are not absolute limits, but thresholds that require a risk assessment. The actual exposure depends on several factors:
- The frequency with which the load is handled
- The lifting height and the distance from the body
- The posture the employee should adopt
- The employee's physical condition and experience
- The nature of the load (stable, unstable, difficult to grip)
If the guideline values are exceeded, the employer is required to reassess the work situation and take concrete measures. When handling pallets or working with heavy general cargo, a mechanical lifting aid is, in most cases, a legal requirement, not a luxury.
What risks is an employer required to assess?
An employer is legally required to conduct a risk assessment for all tasks involving the manual handling of loads by employees. This assessment must identify the characteristics of the load, the physical effort required, the work environment, and the task requirements. The results are documented in the general prevention plan and the annual action plan.
The risk analysis must specifically address the following elements:
- The load itself: weight, dimensions, stability, handling options, and whether the load is a living being
- Physical exertion: frequency, duration, twisting or bending movements, jolts
- The work environment: available space, floor layout, differences in height, temperature, and lighting
- Job characteristics: work pace, rest breaks, working height, and the distance over which the load is moved
- Individual factors: age, pregnancy, known health issues, or limitations of the employee
Risk analysis is not a one-time exercise. The analysis must be reviewed whenever there is a change in the work situation, when new employees join the company, or after an incident. The internal safety officer or the external occupational safety and health service (EDPBW) assists the employer with this analysis.
What preventive measures are required by law?
If a risk assessment shows that manual lifting poses a risk, the employer is required to implement preventive measures. The law prescribes a hierarchy: mechanization or automation takes precedence over organizational measures, which in turn take precedence over personal protective equipment.
Specifically, this means that an employer is required to:
- Use mechanical aids wherever feasible, such as hoists, conveyor belts, or lifting aids
- Design the workstation ergonomically to minimize lifting motions
- Adjust work methods and pace to avoid overexertion
- Divide heavy loads into smaller units whenever possible
- Ensure sufficient recovery time and rotation during repetitive lifting activities
Personal protective equipment, such as back straps or lifting belts, is permitted only as a supplementary measure, after all technical and organizational options have been exhausted. They do not replace the obligations listed above. The ergonomic handling products available on the market offer an effective technical solution for most work situations.
What training should employees be required to take?
Employers are legally required to provide employees who manually handle loads with appropriate training and information. This training must focus on proper lifting posture and technique, as well as on recognizing risks and the correct use of available aids. However, training alone is not a sufficient substitute for technical measures.
The information that employees are required to receive includes:
- The weight of the loads they have to handle
- The heaviest point of a load when its weight is unevenly distributed
- The Risks Associated with Manual Handling of Loads
- The Proper Way to Use Available Lifting Aids
- Procedures to Follow When There Are Doubts About the Safety of a Lifting Situation
Training must be tailored to the employee’s specific duties and should not be limited to general orientation upon hiring. If there are changes to the workstation or new equipment is introduced, the training must be repeated or supplemented.
What are the consequences if an employer fails to comply with the rules?
An employer who fails to comply with the legal requirements regarding manual lifting risks administrative fines, criminal prosecution, and civil liability. During an inspection, the labor inspectorate may issue a warning, a formal notice, or a citation. In the case of serious or repeated violations, the court may impose a prison sentence or a substantial fine.
In addition to legal penalties, there are also indirect consequences that can severely affect employers:
- Liability for workplace accidents: If an employee sustains a back injury and the employer cannot demonstrate that it conducted an adequate risk assessment or implemented adequate preventive measures, there is a high likelihood of a claim for damages
- Higher insurance premiums: A high number of workplace accidents or occupational diseases leads to higher premiums from the workers' compensation insurer
- Long-term sick leave: back pain caused by overexertion is one of the most common causes of long-term disability
- Reputational damage: repeated violations can lead to negative publicity and problems with bids
In most cases, the costs of noncompliance far exceed the investment in proper preventive measures. Prevention is therefore not only a legal obligation, but also a sound business decision.
How Logitrans Handling Helps Improve Ergonomics and Manual Lifting in the Workplace
At Logitrans Handling, we help companies meet their legal obligations while also increasing efficiency on the shop floor. We always start with a thorough analysis of your specific situation, so that the solution addresses the risks identified in your risk assessment.
- Free workplace analysis: Our specialists will assess your lifting situations and advise you on which measures are required by law and which assistive devices are most suitable
- Wide product range: from vacuum lifters and hoists to mobile lifters and pallet trucks, for every application and every weight
- Demonstration Facility in Drongen: Test our lifting solutions with your own materials before you make a decision
- Training upon installation: We ensure that your employees use the equipment correctly and safely, which also helps you meet your training obligations
- Maintenance Contracts: Through our range of services, we keep your handling equipment in top condition to ensure maximum safety
Would you like to know what specific measures your company should take, or which lifting solution best suits your work situation? Feel free to contact us for a no-obligation consultation.
Related Articles
- How can I reduce physical fatigue among employees who perform repetitive work?
- How much time do I really save by using a lifting aid instead of lifting by hand?
- What does an ergonomic lifting solution look like in practice?
- Does an ergonomic lifting solution work even at a high picking pace?
- What types of lifting equipment are available for handling light boxes during order picking?
