Isolated worker: need operational protection in case of accident
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
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Do you work in isolation? Alone in a work environment where you can't be seen or heard directly by others, and where the likelihood of visiting is low? A case law of the Court of Cassation confirms the employer's obligations in this situation.
Accident at work The employer of a lone worker must take this particular risk into account and provide him with a system to ensure that he is quickly taken care of by the emergency services in the event of an occurrence of a
However, in order for the employer's liability to be disregarded, this device must also be operational at the time of the accident.
In April 2011, the employee of a surveillance company suffered a stroke.
Isolated worker, alone in the company at the time of the accident, the device to prevent help is defective. They only intervene after three hours.
The employee wishes to have the employer's inexcusable fault acknowledged. The latter is defending himself. He had taken the particular risk associated with this isolated work into account, and had provided the employee with a specific back-up facility. His failure at the time of the accident is not his responsibility.
That is not the opinion of the Court of Cassation. The employer had to make sure that the backup system was operational at all times.
