Article | REF: AG4686 V1

Occupational risk prevention: French legislation

Authors: Michèle PIETRUSZYNSKI, Nathalie GUILLEMY, Anne LE ROY

Publication date: January 10, 2005

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3. In charge of applying legislation in the company

In the French concept of prevention, the company manager, who has the power and means to choose materials, determine processes and organize work, is responsible for applying regulations and ensuring safety in the workplace.

This general notion of safety was first defined by case law in 1968, in a ruling by the Criminal Division of the Court of Cassation (October 29, 1968), which stated that "no consideration could dispense the Court of Appeal from investigating whether the defendant had not been imprudent or negligent in failing to take the measures required by the circumstances, as part of the general safety obligation incumbent upon him".

Law no. 91-1414 of December 31, 1991, and in particular Article L. 230-2 of the Labor Code, specifies the content of the safety obligation and lists the various points to which the employer must pay attention...

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