3. Delegation of authority

3.1 Delegation: the only way to exempt a manager from criminal liability

Criminal liability for offences is generally attributed to the highest-ranking manager, i.e. the legal representative or the head of the establishment. As such, the manager must personally ensure that legal and regulatory provisions are strictly and consistently applied at all times.

This general safety obligation makes the manager liable for any safety violations committed by his employees. The manager commits a personal fault if one of his employees commits a breach of safety rules, as he must take all necessary measures to prevent them from doing so.