The protection of lone workers is a legal obligation in France. Case law has played a key role in clarifying the contours of this obligation, notably through landmark decisions. This article looks back at three emblematic rulings that have shaped PTI jurisprudence.
An employee suffered a stroke while wearing an emergency alert device (DATI). However, malfunctions in the emergency response chain delayed the arrival of emergency services by more than three hours. The Court of Cassation found the employer guilty of gross negligence.
The employer was found guilty of inexcusable fault, which obliged him to pay full compensation for the damage suffered by the employee.
This recognition also leads to an increase in the pension paid to the employee.
It is not enough to simply set up a DATI. The employer must ensure thatthe entire emergency system is effective.
A refrigeration technician died after working alone in a cold storage room without an alarm system. The Court of Cassation upheld the employer’s conviction for failing to fulfill its safety obligations.
The manager was given a 3-month suspended prison sentence and fined 3,750 euros.
The court ordered publication and posting of the decision.
The absence of an ITP in high-risk environments constitutes a serious breach of the employer's obligations.
In this case, an employee was working alone on a railway maintenance site without any means of communication. After suffering a fatal accident, the lack of an emergency alert system led to the employer being convicted of involuntary manslaughter.
The manager of the subcontracting company received an18-month suspended prison sentence and two fines of 50,000 francs and 10,000 francs.
The managing director of the ordering company was given a suspended 1-year prison sentence and fined 30,000 francs.
Both the subcontractor and the client are responsible for employee safety. They both have an obligation of result in terms of safety.
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