Responsibility and penalties

Responsibility and penalties

Last update : 19/04/2022
Who is responsible for health and safety?

Responsibility for Health and safety in the workplace lies with the following:

  • employer;
  • managers;
  • supervisors;
  • workers and
  • other figures in the company organisation, including the company physician.

Depending on their company role, the employer is the main recipient of the resulting obligations and responsibilities. If supported by managers and supervisors, they share subsidiary liability with the employer.

Last update : 19/04/2022
Is there any compensation for breaches of health and safety legislation?

If the failure to comply with health and safety legislation results in damage to the worker or a third party, the latter may ask the employer to compensate them. The employer can be held liable for pecuniary and non-pecuniary damage. Sanctions and compensation are:

  • progressive according to the conduct seriousness and the damage extent, and
  • may be cumulative. This conduct may constitute a criminal offence, an administrative sanction or produce compensable damage.
The contents of this Section are not to be intended as a technical and/or legal opinion or other professional advice of any nature.
The contents of this Section are provided merely as information for public outreach purposes, they are not exhaustive and may be removed or amended at any time.
For specific problems or situations, you will need to seek specific advice.
The Firm disclaims all liability for any damages, whether direct or indirect, incidental or consequential, resulting from proper or improper use of the contents of this Section.