Language:

Legal issues

Since 1994, evolutions in the penal code and case law have increased the severity of the penalties incurred by employers in the event of occupational accidents or diseases.


Inexcusable fault ("faute inexcusable") is now a recognised offence where employers fail to ensure the safety of their staff. In criminal law, there are offences relating to involuntarily harming life and physical health and the offence of endangering others.

The French Employment Code

According to article L230.2 of the French employment code, employers are obliged to take all necessary measures to ensure the safety of their employees.

Employers must take the necessary measures to ensure the safety and protect the physical and mental health of their staff:

  • Actions to prevent occupational risks,
  • Information and training campaigns,
  • Setting up an organisational structure and appropriate resources.

Examples of general preventive principles:

  • Avoiding risks,
  • Evaluating risks that cannot be avoided,
  • Taking collective protective measures (with priority over personal protective measures),
  • Giving workers the appropriate instructions,
  • Evaluating the risks for workers' health and safety.

Inexcusable fault of the employer

It is up to the employer to ensure everyone's safety in the workplace, provide staff with equipment that meets the latest standards and check that employees are complying with safety rules. Failing this, the employer may be held liable for "inexcusable fault".


In several judgements on 28 February 2002 relating to employees suffering from occupational diseases linked to asbestos, the employment division arrived at a new and much more flexible definition of inexcusable fault, setting out the principle that the employer is bound by an obligation of "safety of results" ("sécurité de résultat"). Since then, all accidents or diseases of occupational origin are considered a breach of this obligation, and an inexcusable fault, if the employer was aware or should have been aware of the danger to which the employee was exposed and did not take the necessary preventive or protective measures.


Six criteria are used to define the inexcusable nature of the fault:

  • The exceptional gravity of the fault,
  • Awareness of the danger,
  • The voluntary nature of the act or omission,
  • The absence of intent to cause damage,
  • The absence of any justifying cause.

  • Last updated on: Thursday 21 October 2010