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The Employer Inexcusable Conduct

The security file published in L'USINE NOUVELLE, October 2010, tells us that "for 5 years, the number of actions for inexcusable conduct from the employer in terms of safety and occupational health has multiplied by one thousand" and that the penalties are extremely severe. The matter consists in determining when the employer has had an inexcusable conduct?

A jurisprudence from July 1941 states that the employer inexcusable conduct comes from an act or a voluntary omission such as, for instance, the failure to comply with the safety regulations, from the non-respect of the prudence basic rules or from the use of an inadapted or defective tool. Moreover, the French Cour of cassation considers that the non-respect of the CRAM (French Health Institution) recommendations is an aggravating factor.

The employer inexcusable conduct cannot be accepted if it has been proved that the victim acted carelessly, indeed, to be qualified as inexcusable, the employer fault has to be the determining cause of the accident. On the contrary, if the employer fault made it possible for the vicim to act reclesslessy, then this accusation can be accepted.

Let's remember that safety can no longer be decreed but can be cultivated. The best of us have understood it, what about you?

Source: INRS "Travail et Sécurité" and L'USINE NOUVELLE October 2010.

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