What are the penalties for breaking occupational safety rules in Belgium?

Breaches of Belgian OSH law are punished under the Social Penal Code, which has four sanction levels. For offences committed from 1 February 2026, the most serious level carries 6 months to 3 years of imprisonment and/or a criminal fine of 6,000 to 70,000 euros, or an administrative fine of 3,000 to 35,000 euros, and fines can be multiplied by the number of workers concerned. Courts can also ban operations or close the business temporarily, and the general Criminal Code applies to involuntary manslaughter or injury.

Short answer

• Legal basis: since 1 July 2011, breaches of the Well-being Act and the Code are sanctioned under Book 2 of the Social Penal Code (chapters 1 and 7); for example articles 119 to 122/5 cover psychosocial risks, article 127 the employer's general duties and article 133 smoking at work.
• Four levels: level 1 administrative fine only; levels 2 and 3 a criminal or an administrative fine; level 4 prison and/or criminal fine, or an administrative fine.
• Surcharge coefficient: base amounts were multiplied by 8 for offences from 1 January 2017 to 31 January 2026 and by 10 from 1 February 2026; from 1 September 2026 higher base amounts and a coefficient of 1.25 give the same totals.
• Per-worker multiplication: where the article says so, the fine is multiplied by the number of workers concerned, capped at 100 times the maximum.
• Extra penalties: where the offence article provides for them (mainly level 3 offences endangering health or safety, and level 4), a ban on operating, a professional ban or closure for one month to three years.
• Inspector measures: stop-work orders, prohibitions and seals act immediately, before any fine.

Fine levels in 2026

The FPS Employment publishes the amounts including the surcharge. For offences committed from 1 February 2026 (unchanged in amount from 1 September 2026):

Level 3 and 4 base amounts were raised by a law in force from 1 July 2025, so offences between 1 July 2025 and 31 January 2026 use the new base with coefficient 8 (for example a level 4 criminal fine of 4,800 to 56,000 euros). From 1 September 2026 an Act of 16 March 2026 wrote base amounts eight times higher into article 101 and cut the surcharge coefficient to 1.25, so the euro amounts in the table stay the same; it also allows probation, a work penalty or a pecuniary penalty at levels 2 to 4, in line with the new Criminal Code. The level that applies to a given breach is stated in the article of the Social Penal Code that defines the offence, so check that article rather than assuming a level.

Who can be punished and how a case proceeds

The person who committed the offence is prosecuted, which may be the employer or a manager or agent acting for the employer; the employer is civilly liable for criminal fines imposed on its agents. The general Criminal Code applies to anyone.

After an inspection, the inspector chooses a warning, a deadline to comply or an official report. For level 2 to 4 offences, the labour prosecutor then decides between prosecution before the criminal court, a settlement payment, closing the case once measures and conditions are met, a collective civil action before the labour tribunal, or leaving the file to the administrative fine procedure; level 1 offences go straight to the administrative fine procedure. A criminal prosecution excludes a later administrative fine for the same facts. A new conviction within three years of a previous one allows the court to double the maximum criminal fine (since 1 July 2025 this no longer applies to imprisonment).

Other consequences

• Criminal Code: involuntary manslaughter and injury caused by lack of foresight or precaution are punishable even where no well-being rule was breached (articles 418 to 420 of the former Code; a new Criminal Code with new numbering has applied since 1 September 2026).
• No accident insurance: an uninsured employer is automatically affiliated with Fedris, pays a flat-rate contribution, repays all compensation and may be prosecuted.
• Major-hazard sites: article 35 of the Seveso cooperation agreement of 16 February 2016 has its own penalties for operators, from one month to five years of imprisonment and/or a fine of 100 to 500,000 euros (amounts as written in the agreement).

Related on excodex

• Occupational safety and health in Belgium: law, authorities and employer duties
• What is the main occupational safety and health law in Belgium and who enforces it?
• Which rules apply to major-hazard chemical sites in Belgium?

Standards and further reading

• FPS Employment, criminal prosecution and sanction levels: Poursuites pénales
• FPS Employment, supervision and sanctions in well-being at work: Surveillance et sanctions
• FPS Employment, decision of the public prosecutor: La décision du ministère public
• FPS Employment, changes to the Social Penal Code from 1 September 2026: Modifications du Code pénal social
• Social Penal Code (Code pénal social / Sociaal Strafwetboek), Book 2 and articles 101 to 110

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.