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Safety and health
An employer must protect the employee from the dangers to which he is exposed
Publié le 22 janvier 2025 - Directorate for Legal and Administrative Information (Prime Minister)
An employer who does not take the necessary measures to protect his employee from a danger to which he is exposed is guilty of inexcusable misconduct. This is what the Court of Cassation said in a ruling on January 9, 2025.
Accident at work An employee is the victim of a He fell down a ladder after entering the terrace of the apartment in which he was carrying out work. He applies to the judge and asks for an acknowledgement of his employer's inexcusable fault.
The Court of Appeal dismisses the motion. According to her, the employer is not responsible for an inexcusable fault because it did not provide the employee with the scale that caused his fall. The Court of Appeal also upholds the employee's initiative to go outside the building. The employee appeals to the Court of Cassation.
The Court of Cassation quashes and quashes the appeal decision. It notes that the plan for the safety and health protection of employees did not include arrangements for access to terraces, nor did it include safety measures against the risks arising from traffic at a height.
Thus, the employer had not taken the necessary measures to protect its employee from the risks to which he was exposed. So he made an inexcusable mistake.