How do courts assess fault?
Employers' inexcusable fault (FIE)
Practical sheet REF: FIC0782 V1
How do courts assess fault?
Employers' inexcusable fault (FIE)

Author : Guillaume MARTINAGE

Publication date: June 10, 2012 | Lire en français

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2. How do courts assess fault?

The first elements that the judge will analyze are :

  • a single document, which must be kept up to date, and which must show, for each identified risk, a schedule for action to reduce or eliminate the risk;

  • the presence of formal training at the workstation;

  • the presence of reinforced safety training when the position held has been included on the list of high-risk positions;

  • recent inspection of machine conformity ;

  • individual and collective protective equipment;

  • the use of a temporary or fixed-term contract on the job ;

  • the existence of a criminal conviction, even if the faults are independent (article 121-3 of

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