« Arrière
05.102009

The contracting party is obligated by occupational safety (Court of Cassation, Penal Sec., Decision no. 28197 of 9 July 2009)

The 4th Penal Section of the Cassation Court has established that the “contractor” employer shall be liable for accidents of its employees if it has not informed them of the dangers and measures to avoid them and if it has not monitored to ensure that such measures have not been applied. Instead, the contracting party, shall be liable for the event occurring to the contractor – for lack of cooperation with the contractor – only if the subject matter of the order implies contact between the two activities or if the contracting party has failed to implement with the contractor the prevention measures aimed at eliminating the dangers involving both of their employees.