• Human resources
  • Calendarfrom the 1st employee
  • Time1 open days - 2 months
  • 1 SUR 6
court hammer
infoTheoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
  • [to be determined] € Finecourt hammer
    infoPenalty in the event of non-declaration of the work accident of a company employee
  • 1 Giving noticecourt hammer
    infoWarning for occupational risk
  • 1 Gross negligencecourt hammer
    infoFailure to fulfil the obligation to protect the physical and mental health of employees. Inexcusable fault involves the personal assets of the manager.

    Worker safety and risk prevention actions


    Scope of application

    All private-sector employers, as well as :
    • public industrial and commercial establishments
    • public administrative establishments employing staff under private law conditions;
    • health, social and medico-social establishments mentioned in article 2 of law no. 86-33 of January 9, 1986 on statutory provisions relating to the hospital civil service, as well as public-law health cooperation groups mentioned in 1° of article L. 6133-3 of the public health code.
    The actions are for the benefit of :
    • new recruits ;
    • workers changing jobs or techniques;
    • temporary employees, with the exception of those called in to carry out urgent work necessitated by safety measures, and who already have the necessary qualifications;
    • at the occupational physician's request, workers returning to work after at least twenty-one days off.

    Description

    In order to ensure the safety and protect the mental and physical health of its employees, the employer must implement the following actions :
    • actions to prevent occupational risks relating to the risks of falling from a height, the risks of coming into contact with a working part of a machine, psychosocial risks, chemical risks (including multiple exposures with harmful risk), risks of burnout due to overwork and the difficulty of working.
    • information on health and safety risks for workers, in a way that everyone can understand. More specifically, this information must cover :
      • how to access the single risk assessment document ;
      • measures to prevent the risks identified in the Single Risk Assessment Document;
      • the role of the occupational health department and, where applicable, employee representatives in preventing occupational risks;
      • where applicable, the provisions contained in the company's internal regulations;
      • fire safety instructions, as well as the identity of the persons in charge of operating the equipment in action, those responsible for notifying the fire department of the outbreak of a fire, and those in charge of directing the evacuation of personnel.
    • training actions for new employees, employees who change jobs, temporary workers and employees who return to work after consulting the occupational physician.
    In addition, the employer must assess the risks that cannot be avoided, particularly in the context of the choice of manufacturing processes, work equipment, chemical substances or preparations, and the development or reorganisation of workplaces or installations.

    The results of this assessment must be included in the Single Risk Assessment Document (DUERP).

    Based on the risks identified, the employer must implement preventive measures such as safety training or annuel checkups, for example.

    Finally, safety instructions must be included in the internal regulations if the company has more than 50 employees. Otherwise, it is up to the employer or his representative to issue them.

    Note: with regard to the safety of its employees, the employer has an obligation of result and must justify having taken sufficient measures to protect workers from an accident at work and/or an occupational disease. If this is not the case, the employer is liable.

    Authority

    Regional Directorate for the Economy, Employment, Labor and Solidarity ("Dreets")
    Labout court
    Magistrates' Court

    Responsible(s)

    Employeur

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