How do courts assess fault?
Employers' inexcusable fault (FIE)

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