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28 FEBRUARY 2014. - Act supplementing the Act of 4 August 1996 on the well-being of workers during the performance of their work on the prevention of psychosocial risks to work, including violence and moral or sexual harassment at work (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 4 August 1996 on the welfare of workers during the execution of their work
Art. 2. In Article 4, § 1^er, paragraph 2, of the Act of 4 August 1996 on the welfare of workers during the execution of their work, on 3°, as amended by the Act of 10 January 2007, is replaced by the following:
"3° the psychosocial aspects of work; "
Art. 3. In article 6, paragraph 2, 7°, of the same law, inserted by the law of 11 June 2002, the words "of the complaint procedure" are replaced by the words "of the proceedings".
Art. 4. In the same Act, the title of Chapter Vbis, inserted by the law of 11 June 2002, is replaced by the following:
"Chapter Vbis. - Specific provisions concerning the prevention of psychosocial risks at work including stress, violence and moral or sexual harassment at work."
Art. 5. In chapter Vbis of the same law, the title of section 1^re is replaced by the following:
“Section 1^re. - General."
Art. 6. In chapter Vbis, section 1^re, of the same law, it is inserted a sub-section 1^re entitled:
"Subsection 1^re. - Definition of psychosocial risks at work".
Art. 7. In subsection 1^re inserted by Article 6, an article 32/1 is inserted as follows:
"Art. 32/1. For the purposes of this Act, a psycho-social risk to work is defined: the likelihood that one or more workers will be subjected to a psychic injury that may also be accompanied by physical harm, as a result of exposure to components of the organization of work, the content of the work, the conditions of work, the conditions of life at work and interpersonal relations at work, on which the employer has an objective impact. "
Art. 8. In chapter Vbis, section 1, of the Act, a sub-section 2 is inserted:
"Subsection 2. - Prevention measures".
Art. 9. In subsection 2 inserted by section 8, an article 32/2 is inserted as follows:
"Art. 32/2. § 1^er. The employer identifies situations that can lead to psychosocial risks at work and identifies and assesses risks.
This includes situations that can lead to stress at work, violence and moral or sexual harassment at work.
§ 2. The employer shall, in accordance with the general principles of prevention referred to in section 5 and to the extent that it has an impact on the danger, take the necessary preventive measures to prevent situations and acts that may lead to psychosocial risks at work, to prevent damage or to limit them.
The minimum preventive measures applied to psychosocial risks at work are those defined in section 32quater, paragraph 3. They are taken after notice of the Committee, with the exception of the procedures.
As part of the measures referred to in paragraph 2 the employer shall establish procedures directly accessible to the worker who considers to be subject to injury within the meaning of section 32/1, allowing the employer to request:
(a) an informal psychosocial intervention to the trusted person or prevention counsel referred to in section 32sexies, which consists of seeking an informal solution through interviews, intervention with a third party or conciliation;
(b) a formal psychosocial intervention to the preventive counsellor referred to in article 32sexies, § 1^er, which consists in asking the employer to take appropriate collective and individual measures following the analysis of the applicant's specific work situation and the proposals for measures, made by this preventive advisor and repeated in a notice specified by the King.
These procedures shall be established after agreement of the Committee in accordance with Article 32quater, paragraphs 4 to 6, and shall, where appropriate, comply with the collective labour agreements made mandatory by Royal Decree.
These procedures do not prejudice the possibility for workers to address directly to the employer, to a member of the hierarchical line, to a member of the Committee or to the union delegation in order to obtain an intervention from these persons.
§ 3. Preventive counsellor referred to in article 32sexies, § 1^errefuses the introduction of a request for formal psychosocial intervention referred to in § 2, paragraph 3, (b), where the situation described by the worker clearly does not contain psychosocial risks to work as defined in Article 32/1.
When a request for formal psychosocial intervention that does not relate to acts of violence or moral or sexual harassment at work is primarily related to risks that are collective, the prevention counsel informs the employer after consultation with the worker so that the employer takes the necessary collective measures.
For employers in which a Committee or a union delegation is present, these collective measures are taken after consultation with such bodies.
Where the employer does not take collective action within the time limit set by the King or if the worker considers that these measures are not appropriate to his or her individual situation, the prevention counsel shall examine the application and transmit to the employer the notice referred to in § 2, paragraph 3, (b).
The provisions of paragraphs 2 to 4 do not prejudice the obligation of the prevention counsel to propose measures to the employer, which may be of a conservative nature, that are intended to remedy the risks that are of an individual nature with the aim of limiting damage to the physical or psychological integrity of the worker who has introduced the application.
§ 4. The employer shall take appropriate preventive measures to eliminate the danger arising out of a specific work situation or to prevent or limit the resulting damage to the extent that it has an impact on the danger.
§ 5. The King may determine the conditions and modalities for risk analysis, prevention measures and procedures. "
Art. 10. In chapter Vbis of the Act, a section 2 is inserted following section 1^re replaced by section 5:
“Section 2. - Specific provisions concerning violence and moral or sexual harassment at work".
Art. 11. In chapter Vbis, section 2, of the same law, it is inserted a sub-section 1^re entitled:
"General provision and definition."
This subsection contains sections 32bis and 32ter.
Art. 12. In section 32bis, paragraph 3, of the Act, replaced by the Act of 10 January 2007, the words "this chapter" are replaced by the words "this section".
Art. 13. In section 32ter of the Act, as amended by the Act of 10 January 2007, the following amendments are made:
1° in paragraph 1^er, 1°, the words "this chapter" are replaced by the words "this section";
2° in paragraph 1^er2°, the words "this chapter" are replaced by the words "this section";
3° in paragraph 1^er, 2°, the words "several abusive conducts" are replaced by the words "abusive set of multiple conducts";
4° in paragraph 1^er2°, the words "religion or beliefs, disability, age, sexual orientation, sex, race or ethnic origin" are replaced by the words "age, civil status, birth, fortune, religious or philosophical conviction, political conviction, trade union conviction, language, ethnic disability, »;
5° in paragraph 3, the words "harassment is related" are replaced by the words "harassment or violence at work are related";
6° in paragraph 3, the 3° is replaced by the following:
"3° Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006 on the implementation of the principle of equal treatment between men and women in employment and work. "
Art. 14. In chapter Vbis of the Act, the words "Section 2. Prevention measures are replaced by the words "Subsection 2. Specific prevention measures".
Art. 15. In section 32quater of the Act, as amended by the Act of 10 January 2007, the following amendments are made:
1° in § 1^er, paragraph 1, the words “§ 1^erare repealed;
2° in § 1^er, paragraph 3, 2 (b), the words "and to the trusted person designated for acts of violence and moral or sexual harassment at work; are replaced by the words " referred to in article 32sexies, § 1^er and the trusted person; »;
3° in § 1^er, paragraph 3, 3°, the words ", which come into contact with workers when performing their work" are repealed;
Paragraph 2 is repealed.
Art. 16. In section 32 of the Act, replaced by the Act of 10 January 2007, the following amendments are made:
1° in paragraph 1^era sub-item is inserted between paragraphs 2 and 3:
"People who are part of management staff cannot exercise the function of a specialized prevention advisor. »;
2° in paragraph 2, the following modifications are made:
(a) Paragraph 2 is replaced by the following:
"He deviates them from their function:
1° be on its initiative, after prior agreement of all members representing workers in the Committee;
2° at the request of all members representing workers in the Committee and with its agreement. »;
(b) in paragraph 4, the words "the trusted person" are replaced by the words "at least one of the trusted persons";
(c) two subparagraphs, as follows, shall be inserted between paragraph 6 and paragraph 7:
"The trusted person who is a member of the company's staff in which he or she performs his or her duties may not be a delegate to the employer, or a staff delegate to the board of business or the Committee for Prevention and Protection at Work, or be a member of the union delegation.
Individuals who are part of management staff may also not exercise the function of a trusted person. »;
3° a paragraph 2/1 is inserted as follows:
“§ 2/1. When all members representing workers in the Committee apply, the employer is obliged to appoint a trustee in accordance with the conditions and procedure referred to in § 2. »;
4° a paragraph 2/2 is inserted as follows:
“§ 2/2. The missions of the trusted person may also be carried out under the same conditions as those mentioned in § 2, paragraphs 4 to 9, by:
1° the prevention advisor referred to in § 1^er;
2° adviser in prevention of internal service for prevention and protection at work referred to in Article 33, § 1^er, paragraph 2 under the conditions determined by the King, except in enterprises of less than 20 workers in which the employer performs the function of preventive counseling and except in the event of disagreement of the individual himself or the Committee. "
5° A paragraph 2/3 is inserted as follows:
§ 2/3. For the purposes of this provision, management personnel shall be defined as the persons responsible for the day-to-day management of the business or institution who have the power to represent and engage the employer, as well as personnel directly subordinate to those persons, when they also perform day-to-day management missions. ".
Art. 17. Section 32s of the Act, as amended by the Act of 10 January 2007, is replaced by the following:
"Art. 32s. § 1^er. Where acts of violence or moral or sexual harassment at work are brought to the attention of the employer, the employer shall take appropriate measures in accordance with the provisions of this chapter.
Where the gravity of the facts so requires, the employer shall take the necessary precautionary measures.
If the worker has used the procedure referred to in article 32/2, § 2, paragraph 3, b, the employer shall take such precautionary measures, if any, on the basis of the proposals made by the prevention counsel referred to in article 32sexies, § 1^er, communicated pursuant to article 32quinquiesdecies, paragraph 2, 3°, c, before the latter gives the notice referred to in article 32/2, § 2, paragraph 3, b.
§ 2. The Prevention Adviser is required to refer to the Oversight Officer:
1° where the employer does not take the necessary precautionary measures referred to in § 1^er;
2° where the employer finds, after giving notice, that the employer has not taken any measures or has not taken any appropriate measures and that:
(a) there is a serious and immediate danger to the worker;
(b) the person involved is the employer or is a member of the management staff as defined in section 32sexies, § 2/3. "
Art. 18. Section 32octies of the Act, as amended by the Act of 10 January 2007, is repealed.
Art. 19. In chapter Vbis of the Act, the words "Section 3" are replaced by the words "Subsection 3".
Art. 20. In section 32 of the Act, paragraph 1^er, as amended by the Act of 10 January 2007, is replaced by the following:
"The worker who considers to be the subject of moral or sexual violence or harassment at work may, on the terms and conditions set out in article 32/2, § 5, address the prevention advisor or the trusted person referred to in article 32sexies to request an informal psychosocial intervention or to address the prevention advisor referred to in article 32sexies, § 1^erto request formal psychosocial intervention for acts of violence or moral or sexual harassment at work. "
Art. 21. In section 32tredecies of the Act, as amended by the Act of 10 January 2007, the following amendments are made:
1° paragraph 1^er is replaced by the following:
« § 1^er. The employer cannot end the working relationship of workers referred to in § 1^er/1, or take a detrimental action after the termination of labour relations with these same workers, except on grounds other than the application for formal psychosocial intervention for acts of violence or moral or sexual harassment at work, complaint, legal action or testimony.
In addition, during the existence of labour relations, the employer cannot, vis-à-vis the same workers, take a detrimental measure that is related to the request for formal psychosocial intervention for acts of violence or moral or sexual harassment at work, complaint, legal action or testimony. The measure taken as part of the obligation of section 32septics that is proportional and reasonable is not a detrimental measure. »;
2° it is inserted a paragraph 1^er/1 to read:
« § 1^er/1. Ensuring the protection of paragraph 1^er :
1° the worker who has filed a request for formal psychosocial intervention for acts of violence or moral or sexual harassment at work at the level of the company or the institution that deals with it, according to the procedures in force;
2° the worker who filed a complaint with the supervisory officer referred to in section 80 requesting the grievor's intervention for one of the following reasons:
(a) the employer did not appoint a specialized prevention advisor in the psychosocial aspects of the work;
(b) the employer has not established procedures in accordance with section 2 of this chapter;
(c) the demand for formal psychosocial intervention for acts of violence or moral or sexual harassment at work does not, according to the worker, lead to an end to acts of violence or moral or sexual harassment at work;
(d) the procedures referred to in section 2 of this chapter have not, according to the worker, been legally applied;
3° the worker who has filed a complaint with the police, the public prosecutor or the investigating judge, in which he requests their intervention for one of the following reasons:
(a) the employer did not appoint a specialized prevention advisor in the psychosocial aspects of the work;
(b) the employer has not established procedures in accordance with section 2 of this chapter;
(c) the demand for formal psychosocial intervention for acts of violence or moral or sexual harassment at work does not, according to the worker, lead to an end to acts of violence or moral or sexual harassment at work;
(d) the procedures referred to in section 2 of this chapter have not, according to the worker, been legally applied;
(e) the internal procedure is not appropriate, given the seriousness of the facts to which it was the subject;
(4) the worker who initiates or for whom a legal action is brought to enforce the provisions of section 2 of this chapter;
5° the worker who intervenes as a witness by the fact that he carries, in the course of the examination of the request for formal psychosocial intervention for acts of violence or moral or sexual harassment at work, to the knowledge of the prevention counsel referred to in article 32sexies, § 1^er, in a document dated and signed, the facts that he himself has seen or heard and that relate to the situation that is the subject of the application or to the fact that he intervenes as a witness in court. »;
Paragraph 2 is replaced by the following:
“§2. The burden of proof of the reasons and justifications referred to in § 1^er is the responsibility of the employer when the termination of the employment relationship or the measures take place within twelve months of the filing of the intervention request, the filing of a complaint or the testimony of a testimony.
This charge is also the responsibility of the employer when this breach or measure occurred after a legal action has been brought, up to three months after the judgment has been cast into force. »;
4° in paragraphs 3 and 4, the words "before the facts that motivated the complaint" are replaced each time by "before the rupture or modification";
5° in § 4, paragraph 1^er, 2°, the words "the unilateral change of working conditions" are replaced by the words "the measure taken by the employer";
6° in § 6, paragraph 1^er is replaced by the following:
"When a procedure is initiated on the basis of a request for formal psychosocial intervention for acts of violence or moral or sexual harassment at work at the enterprise or institution level, the prevention counsel referred to in article 32sexies, § 1^erinforms the employer, as soon as the application is accepted in accordance with the terms and conditions established by the King, that the worker who has filed this application or testimony shall be protected under this section from the time the application is received on the condition that it has been accepted or from the time the testimony is filed. »;
7° in paragraph 6, a paragraph is inserted between paragraphs 1 and 2:
"The King specifies the procedure for receiving the request for formal psychosocial intervention for acts of violence or moral or sexual harassment at work. »;
8° in paragraph 6, paragraph 3, which becomes paragraph 4, the following amendments are made:
(a) the words “paragraphs 1^er and 2 are replaced by the words "paragraphs 1^er and 3";
(b) the words "is introduced. are replaced by the words ", responding to the prescribed paragraph 1^er/1, 2° and 3°, is received by its recipient. »;
9° Paragraph 6 is supplemented by a paragraph which reads as follows:
"When a worker or organization referred to in section 32duodecies, paragraph 1^er, introduces a legal action to enforce the provisions of this section, the worker shall be protected from the meaning of the summons or the filing of the application to the Registry. It is up to the worker to prevent his employer because he benefits from protection. "
Art. 22. In chapter Vbis of the Act, the words "Section 4. Information and access to documents are replaced by the words "Section 3. Communication of information and access to documents".
Art. 23. Section 32quaterdecies of the Act, inserted by the Act of 10 January 2007, is replaced by the following:
"Art. 32quaterdecies. A worker who requests formal psychosocial intervention shall receive a copy of the application.
As part of a formal psychosocial intervention for acts of violence or moral or sexual harassment at work, the person involved and witnesses receive a copy of their statements. "
Art. 24. Section 32quinquiesdecies of the Act, inserted by the Act of 10 January 2007, is replaced by the following:
"Art. 32quinquiesdecies. Preventive counsellor referred to in article 32sexies, § 1^er, and trusted persons are held in professional secrecy referred to in Article 458 of the Criminal Code.
By derogation from this obligation, the following provisions apply:
1° in the context of informal psychosocial intervention, the prevention counsellor and the trusted person communicate the information they consider relevant to the smooth running of the intervention to the persons involved in the intervention;
2° in the examination of a worker's request for formal psychosocial intervention:
(a) the prevention advisor shall communicate the identity of the applicant to the employer, provided that the application is accepted, except as part of the information referred to in section 32/2, § 3, paragraph 2;
(b) the preventive adviser shall inform the employer in writing of the risks that are collective in nature arising out of the application under section 32/2, § 3, paragraph 2, and, where applicable, shall transmit to the employer proposals for individual measures pursuant to section 32/2, § 3, paragraph 5;
(c) the Prevention Advisor shall transmit a written notice on the results of the impartial examination of the application, and the content of which is determined by the King, the employer and the trustee when the Minister intervened for the same situation in the context of an informal psychosocial intervention;
(d) the preventive adviser shall forward in writing to the applicant and the other person directly involved proposals for preventive measures relating to the specific work situation contained in the notice referred to in (c) and their justifications, which shall facilitate the understanding of the situation and the acceptance of the outcome of the proceedings;
(e) the prevention adviser who is part of an external service for prevention and protection at work shall, in writing, transmit to the advisor for prevention of internal service for prevention and protection at work proposals for preventive measures relating to the specific situation of work and proposals to prevent any repetition of the facts in other working situations, contained in the notice referred to in paragraph (c), and their justifications, to enable him to carry out his coordination missions;
3° without prejudice to the application of point 2°, the Prevention Advisor shall provide, as part of the examination of a worker's request for formal psychosocial intervention for acts of violence or moral or sexual harassment at work, the following information:
(a) communicates to the employer the identity of the witnesses referred to in section 32tredecies, § 1^er/1, 5°;
(b) communicate to the person concerned the facts against him;
(c) it shall forward proposals for interim measures to the employer before the notice referred to in paragraph 2(c), if the gravity of the facts so requires;
(d) it shall provide a copy of the document to the person who may demonstrate an interest that informs the employer that a request for formal psychosocial intervention for acts of violence or moral or sexual harassment at work has been filed, as well as a copy of the request for intervention by the employee for supervision referred to in section 32s;
(e) the worker shall communicate to the Centre for Equal Opportunities and Combating Racism and to the Institute for Equality of Women and Men, the notice referred to in paragraph 2(c), when the institutions so request in writing, and provided that the worker has given his or her consent in writing on that request, without the fact that the Centre and the Institute may transmit this notice to the worker;
4° the Prevention Advisor shall be made available to the Supervisory Officer the individual application file, including the documents that contain the statements of persons who have been heard by the Preventive Counsel in the context of a request for formal psychosocial intervention;
5° the Prevention Advisor shall be at the disposal of the Public Prosecutor's Office the individual application file, including the documents that contain the statements of persons who have been heard by the Prevention Counsel in the context of a request for formal psychosocial intervention provided that they have given their consent to this transmission in their statement;
6° the prevention advisor and the trusted person may exchange the information they consider necessary with the occupational health care advisor so that appropriate measures may be taken with respect to a worker who considers suffering damage arising from psychosocial risks to work provided that the worker has given his or her consent in writing to this exchange;
7° the prevention advisor and the trustee exchange the information that is necessary for the fulfilment of their missions. "
Art. 25. Section 32 of the Act, inserted by the Act of 10 January 2007, is replaced by the following:
"Art. 32sexiesdecies. The employer shall give a copy of the notice referred to in section 32quinquiesdecies, paragraph 2, 2°, (c), only to the following persons:
1° to the worker in respect of whom he intends to take measures under this chapter, which may modify his working conditions;
2° to the person who has filed the application for formal psychosocial intervention for acts of violence or moral or sexual harassment at work or to the person involved in this application, in the case that they intend to act in court.
If it considers it necessary for the application of preventive measures, it shall provide the applicant's hierarchical line with the elements of the notice required to achieve this objective.
The legislation on advertising of administrative acts is not applicable:
1° to a copy of the notice of the prevention advisor referred to in paragraph 1^er vis-à-vis the employer who is an administrative authority within the meaning of this legislation;
2° to documents in the individual application file that are in possession of the supervisory officer. "
Art. 26. Section 32sdecies of the same Act, inserted by the Act of 10 January 2007, the following amendments are made:
1° in the Dutch text the words "De betrokken persoon heeft", are repealed and the words "heeft de betrokken persoon" are inserted between the words "persoonsgevens", and the words "geen toegang";
2° to 1°, the words "out of examination of a motivated complaint" are replaced by the words "in the context of informal psychosocial intervention";
3° the 2° is replaced by the following:
"2° the request for formal psychosocial intervention, subject to the application of section 32quaterdecies, paragraph 1^er, and article 32quinquiesdecies, paragraph 2, 3°, (b) »;
4° to 3°, the words "motivated complaint" are replaced by the words "application for formal psychosocial intervention";
5° the 4° is replaced by the following:
"4° the advice of the preventive adviser, subject to the application of article 32quinquiesdecies, paragraph 2, 2°, (c), (d), (e), and article 32sexiesdecies; »;
6° the words "prevention counsellor" are replaced by "prevention counsellor referred to in article 32sexies, § 1^er "
Art. 27. In section 32octiesdecies, paragraph 2, of the same Act, inserted by the Act of 10 January 2007, the words "recognized on the occasion of acts of violence, moral or sexual harassment at work" are replaced by the words "deriving from the application of this chapter".
Art. 28. In the same law, an article 32noniesdecies is inserted as follows:
"Art. 32noniesdecies. At least the following elements are included in the working regulations:
1° the contact details of the preventive advisor referred to in Article 32sexies, § 1^eror the occupational prevention and protection service for which the advisor exercises his or her duties, and, where appropriate, the contact information of the trustee;
2° the procedures referred to in article 32/2, § 2, paragraph 3, and 32quater, paragraph 3, 2°. "
Art. 29. In the same law, an article 32vicies is inserted as follows:
"Art. 32vicies. The supervisory officer shall make available to the Public Prosecutor's Office the individual application file, including the documents that contain the statements of persons who have been heard by the Preventive Counsel in the context of a request for formal psychosocial intervention provided that they have given their consent to this transmission in their statement. "
Art. 30. In Article 33, § 1^er, paragraph 4, of the same law, the words "4 to 32" are replaced by the words "4 to 32vicies".
Art. 31. In the law, an article 53bis is inserted as follows:
"Art. 53bis. The provisions of sections 52 and 53 are also applicable where specific missions are only entrusted to members representing the workers in the Committee under the provisions of this Act and its enforcement orders, unless expressly stipulated by law or enforcement orders. "
Art. 32. In Article 59, § 1^erParagraph 1^er, 2°, of the same law, the words "or person of trust" are inserted between the words "workplaces" and the words ". The King sets."
CHAPTER 3. - Amendment of the Act of 8 April 1965 establishing regulations
Art. 33. Section 14, 2°, s), as amended by the Act of 10 January 2007, is replaced by the following:
"(s) the elements referred to in section 32noniesdecies of the Act of 4 August 1996 on the welfare of workers during the execution of their work. "
CHAPTER 4. - Transitional provisions
Art. 34. Section 32tredecies of the Act of 4 August 1996 on the welfare of workers during the execution of their enforcement work before the coming into force of this Act remains applicable to workers who have filed a complaint, testimony or brought a legal action before the coming into force of this Act.
With the exception of sections 32sexiesdecies, paragraphs 3 and 32quinquiesdecies, paragraph 2, 4, sections 32ssepties and 32quaterdecies of the above-mentioned law of application before the coming into force of this Act are applicable to substantiated complaints filed before the coming into force of this Act.
Art. 35. Persons designated prior to the coming into force of this Act as a specialized prevention advisor in the psychosocial aspects of work or as a trusted person may continue to perform the function even if the conditions of sections 32sexies, § 1^er, paragraphs 3 and 32, paragraphs 2, paragraphs 7 and 8, of the Act of 4 August 1996 on the welfare of workers during the execution of their work are not fulfilled.
Art. 36. The elements referred to in section 32-notiesdecies of the Act of 4 August 1996 relating to the welfare of workers during the performance of their work are reproduced in the Labour Regulations within six months of the coming into force of this Act.
CHAPTER 5. - Final provisions
Art. 37. This Act comes into force on the first day of the thirteenth month following the month in which it is published in the Belgian Monitor.
The King may fix an effective date prior to that referred to in paragraph 1^er.
Given in Brussels on 28 February 2014.
PHILIPPE
By the King:
The Minister of Employment,
Ms. M. DE CONINCK
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 53 - 3101
Full report: 7 November 2013
Senate (www.senate.be):
Documents: 5 - 2467
Project not referred to by the Senate