When the labor code was recoded, the provisions concerning health and safety were regrouped. Conversely, the articles of the old labor code have been cut out. This is the case with article L 230-2
The article L. 4121-1 of the new Labor Code imposes on the employer the obligation to ensure the physical and mental health of employees. It takes the I of the article L 230-2 and requires the employer to take the necessary measures to ensure the safety and protect the physical and mental health of workers.
These measures include:
1 ° Actions to prevent occupational risks;
2 ° Information and training actions;
3 ° The establishment of an organization and appropriate means.
The article L. 4121-1 provides that the employer shall ensure that the adaptation of these measures to take account of changing circumstances and aim to improve existing situations.
The Article L4121-2 resumes II of Article L 230-2 and provides that the employer shall implement the measures provided for in Article L. 4121-1 on the basis of the following general principles of prevention:
1º Avoid risks;
2º Evaluate the risks that cannot be avoided;
3 ° To combat the risks at the source;
4 ° Adapt work to humans, in particular with regard to the design of workstations as well as the choice of work equipment and work and production methods, in particular with a view to limiting monotonous work and rhythmic work and reduce their effects on health;
5 ° Take into account the state of technical development;
6 ° Replace what is dangerous by what is not dangerous or by what is less dangerous;
7 ° Plan prevention by integrating, in a coherent whole, the technique, the organization of work, the working conditions, the social relations and the influence of the ambient factors, in particular the risks linked to moral harassment, such as is defined in article L. 1152-1;
8 ° Take collective protection measures by giving them priority over individual protection measures;
9 ° To give the appropriate instructions to the workers.
The Article L4121-3 resumed paragraph 2 of III of Article L. 230-2 and provides that the employer, given the nature of the activities of the institution, assess the risk to health and safety workers, including in the choice of manufacturing processes, work equipment, chemical substances or preparations, in the fitting out or reorganization of workplaces or installations and in the definition of workstations.
Following this assessment, the employer implements preventive actions as well as work and production methods guaranteeing a better level of protection of the health and safety of workers. He integrates these actions and methods into all of the establishment’s activities and at all management levels.
The Article L4121-4 resumed paragraph 3 of III of Article L. 230-2 and provides that where he entrusts tasks to a worker, the employer, given the nature of activities of the institution, takes into consideration the individual’s ability to implement the necessary health and safety precautions.
IV paragraph 1 of article L 230-2 is taken over by article L4121-5 which provides that when workers from several companies are present in the same workplace, employers cooperate in the implementation of the relevant provisions. occupational health and safety.
The employer’s obligation to ensure physical and moral health limits both the managerial power and the disciplinary power of the employer
Thus the Court of Cassation ruled that ” a job cannot be assigned to work exposing it to a carcinogenic, mutagenic or toxic agent for reproduction unless it has been subjected to a preliminary examination by the occupational physician and if the aptitude sheet certifies that there is no medical contraindication to this work; that it follows that the refusal of the employee to perform a task does not constitute a fault. to the accomplishment of which he cannot be assigned since the employer has not fulfilled the obligations imposed on him to ensure the protection of health at work ” Cass. soc. December 18, 2007
The appointment of an expert by the CHSCT does not suspend the execution of the employer’s decision modifying the working conditions until the expert report and does not authorize the employee to refuse to carry it out Cass. soc. February 13, 2008
“the employer is bound, with regard to his staff, by an obligation of security of result which requires him to take the necessary measures to ensure the safety and protect the health of the workers; that he is prohibited, in the exercise of its managerial power, to take measures which would have the object or effect of compromising the health and safety of employees;
And whereas, in the exercise of its sovereign power of appreciation of the evidence submitted to it and without distortion, the Court of Appeal noted that the new organization set up by the employer in February 2005 reduced the number of employees providing day service and resulted in the isolation of the technician responsible for providing sole supervision and daytime maintenance, at the start of service and at the end of the day, as well as during the summer period and on the occasion of interventions, this isolation increasing the risks related to work in the plant, and that the assistance system put in place was insufficient to guarantee the safety of employees; that she was able to deduce, without modifying the Cass. soc. March 5, 2008