Risk assessment - Results in a single document

Introduced for the first time into French labor law by Law no. 91-1414 of December 31, 1991 (Labor Code, art. L. 230-2), risk assessment has taken a further step forward, with the publication of Decree no. 2001-1016 of November 5, 2001, creating a document relating to the assessment of risks to workers' health and safety. From now on, the results of this risk assessment must be transcribed in a single document.

This requirement worries companies for at least two reasons: on the one hand, the uncertainties associated with reading the text, and on the other, the penal consequences that may be associated with non-compliance.

Some will say that companies and prevention professionals have been assessing risks for a long time, and that it's pessimistic to worry. This is certainly true, but the specific legal obligation that the European Framework Directive of June 9, 1989 (*) required member states to transpose into their national legal systems has changed the facts of the matter. From being a rule of art, seen from the angle of know-how, risk assessment has been placed at the heart of the company manager's safety obligation.

This article provides a detailed analysis of the text, from both a legal and organizational point of view.