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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How do courts assess fault?
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