As an HR lead, in 2026, you face a question your management team and board have put on your plate: what is changing in the legislation on psychosocial workload (PSA), when does it apply, and what can you do about it now?
In this article you will read what currently applies under the Arbowet (the Dutch Working Conditions Act), what is planned for 2026, and what the Labour Authority is already checking. At the end, you will find a five-step plan you can take straight to the board agenda.
What is psychosocial workload?
Psychosocial workload (PSA) is the umbrella term the Arbowet uses for all workplace factors that cause work-related stress.
The legal basis is set out in Article 3(2) of the Arbowet and detailed in Article 2.15 of the Arbobesluit (the Working Conditions Decree). Every employer in the Netherlands has to prevent or limit PSA and record the relevant risks in the Risico-Inventarisatie en -Evaluatie (RI&E), the Dutch risk inventory and evaluation.
| The statutory PSA factors (Arbowet, Article 1(3)(e)) are: |
|---|
| 1. Direct or indirect discrimination, including sexual harassment; 2. Aggression and violence 3. Bullying 4. Workload |
If any of these risks keeps coming up in your organisation, you have to put a policy in place and keep that policy up to date. The Netherlands Labour Authority (NLA) checks for this.
How the Labour Authority already enforces the rules today
Before we look at 2026, the NLA is not waiting for new legislation. Its PSA programme centres on workload and inappropriate behaviour. That programme includes the NLAās working instruction on aggression and violence, which provides inspectors with a concrete checklist of what to test in the workplace.
The inspectorate works like this: it sets requirements, then later checks whether they have been followed, and enforces them when they have not been.
For you, as an HR lead, this means NLA enforcement is not far off. It is a live programme, and it needs your organisation to take charge.
What changes in 2026?
Two legislative proposals are in play in 2026, and both directly affect organisations. They often get lumped together, but they are two separate processes with different statuses.
a) The code-of-conduct amendment
The first amendment makes a code of conduct against inappropriate behaviour mandatory for employers with ten or more employees, as soon as the law comes into force. The code has to describe which behaviour is unacceptable, how employees can report it, and how the employer handles complaints. There is no new reporting obligation: oversight stays with the NLA, which uses the existing RI&E route.
b) The confidential advisor proposal
The second change is the bill that would make an internal or external confidential advisor mandatory for employers with ten or more employees. The Tweede Kamer (the Dutch House of Representatives) passed the proposal on 23 May 2023, after which it stalled in the Eerste Kamer (the Senate). It has been stuck there since the end of 2023. Since September 2025, Senator Patijn has been defending the proposal in the Eerste Kamer.
c) Is 1 July 2026 a hard deadline?
The short answer: no. For the code-of-conduct proposal, 1 July 2026 was named in the consultation as the intended date, but that is no longer realistic in practice, given the ruling from the Adviescollege Toetsing Regeldruk (the Dutch advisory board on regulatory burden) and the fact that the bill has not been submitted to parliament. For the confidential advisor proposal, no calendar date is fixed: it will come into force by Royal Decree (Koninklijk Besluit). The table below sets the two proposals side by side.
| Topic | Code-of-conduct amendment | Confidential advisor proposal |
|---|---|---|
| Status | Amendment to the Arbowet; start date depends on a Royal Decree | Passed by the Tweede Kamer on 23 May 2023; before the Eerste Kamer, waiting since the end of 2023 for the sponsorās response |
| Threshold | Ten or more employees | Ten or more employees |
| What it requires | A code of conduct against inappropriate behaviour, with a reporting route and complaint handling | An internal or external confidential advisor |
Psychologist Kim SchlĆ¼ter adds: āWhat we hear from employees is how much they value being able to speak to someone outside the organisation. Sharing their story in a safe, trusted way, and then deciding together what happens next, is an important step. Whatever the legal deadline turns out to be, having a confidential advisor supports both the team and the organisation.ā
For you as an HR lead, this means two things:
- The date can move. A delay to 2027 is a possible scenario.
- The direction of the content will no longer change in any real way. A code of conduct, a confidential advisor, and an up-to-date PSA policy stay on the agenda, even if there is a delay.
Start now, and you work calmly and in control. The work is coming either way, and an early start gives you time to put your policy, code of conduct, and confidential advisor route on a firm footing.
What this means for HR: five steps
Five steps, with no strict deadline, backed by public sources. For each step: what you do and what you can show.
1. Draw up a code of conduct against inappropriate behaviour
What you should do: spell out clearly which behaviour is and is not accepted (bullying, discrimination, aggression, and (sexual) harassment). Set out which procedures and sanctions apply when someone breaks the rules. Align with the works council (ondernemingsraad) and prepare for formal sign-off by the works council.
What you can show: a draft code of conduct in the works council review round.
Status: becomes mandatory as soon as the code-of-conduct amendment to the Arbowet comes into force (if you have ten or more employees). Already good practice today.
Further reading: Arboportaal on psychosocial workload.
2. Put a confidential advisor in place
What you should do: appoint an internal employee as confidential advisor (with proper training) or choose an independent external confidential advisor. Employees need to be able to talk in confidence about inappropriate behaviour or psychosocial complaints, separately from HR and their manager. Tell everyone clearly who the confidential advisor is and how to reach them.
What you can show: a named confidential advisor, plus proof that you have told staff who that is and how to reach them.
Status: becomes explicitly mandatory as soon as bill 35592 comes into force (if you have ten or more employees). Already strongly recommended in practice.
Further reading: Ondernemersplein on the confidential advisor becoming mandatory.
3. Include PSA in your RI&E and action plan
What you should do: map out the four statutory PSA factors (discrimination, aggression and violence, bullying, workload) specifically in your RI&E. Draw up a concrete action plan with measurable actions to prevent or limit those risks. Review and evaluate at least once a year.
What you can show: an up-to-date RI&E with a PSA section and an action plan.
Status: already a legal requirement today (Article 5 of the Arbowet, plus Article 2.15 of the Arbobesluit).
Further reading: Steunpunt RI&E.
4. Inform and train your employees
What you should do: during onboarding and in team meetings, brief people on the rules around PSA, inappropriate behaviour, the reporting route, and the confidential advisor. Make sure managers are trained to notice and discuss early signs. Build it into your annual cycle.
What you can show: a documented briefing each quarter, plus inclusion in your onboarding materials.
Status: already mandatory today under Article 8 of the Arbowet (the duty to inform and instruct).
Further reading: Article 8 of the Arbowet on information and instruction.
5. Check that your policy is up to date
What you should do: evaluate your working conditions policy and your RI&E at least once a year, or whenever something major changes (a reorganisation, a merger, a significant incident). There is no fixed cycle, but staying current is the standard. Record what you evaluated, what you adjusted, and what the next steps are.
What you can show: an annual evaluation memo, signed off by HR and the board.
Status: no calendar requirement, but the Arbowet does require you to stay current.
How OpenUp can support HR with this
Our platform lines up directly with the 2026 requirements on three fronts.
- Confidential advisor (external). An anonymous, confidential point of contact for employees, separate from HR and their manager, staffed by a psychologist from OpenUp who is trained as a confidential advisor. That covers the practical need now and the legal obligation as soon as bill 35592 comes into force.
- Vitality Check. Our digital well-being tracker, a standard part of the platform. Employees complete it online in under ten minutes, across ten themes, from sleep and stress to work and nutrition. For PSA, that gives you an ongoing read on the effects of workload.
- Leadership Coaching and Mental Health Training. For managers, who are often the first to spot the signs. Training in noticing early signs and having open conversations about workload and boundaries. There is also 1:1 coaching for managers who are under pressure themselves. This supports both the rollout of your code of conduct and the kind of early recognition the NLA expects.
Our data stays within the European Union and is certified to ISO 27001 and NEN 7510, in line with the GDPR (General Data Protection Regulation). For you and your information security team, that is what makes it possible to process well-being data in the workplace.
At OpenUp, your team gets direct and unlimited access to experienced psychologists. A first 1:1 session is in the calendar within 48 hours, in more than 40 languages.
Ready for the PSA legislation?
Frequently asked questions about PSA legislation
When does the code of conduct become mandatory?
1 July 2026 was named in the consultation as the intended date, but it is no longer realistic in practice, given the ATR ruling ādo not submitā and the fact that the bill had not been put before parliament by mid-2026. A delay to 2027 is the most likely scenario.
Do I need a confidential advisor already?
Not by law yet. The bill that would make this mandatory for employers with ten or more employees is before the Eerste Kamer. In practice it is strongly recommended: an anonymous, independent point of contact lowers the threshold for employees and saves you a race against the deadline later.
What are the fines for a PSA breach?
The Arbowet has seven fine categories, with standard amounts from 340 to 13,500 euros per breach. For permanent injury or hospital admission, the standard amount rises by a factor of three to four; for a fatal accident or exceptionally serious injury, by a factor of five.
