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 manager occupying the highest position in the hierarchy, i.e. the legal representative or the head of the establishment. As such, the manager is normally personally responsible for ensuring that legal and regulatory provisions are strictly and consistently applied within the company at all times.

This general safety obligation may render the manager guilty of safety breaches committed by his employees. He is considered to be committing a personal fault if one of his employees fails to comply with safety rules, as he must take all necessary measures to ensure that they do.