French Labour Code
In forceWhen an accident at work occurs in a company where serious or repeated breaches of health and safety rules at work have been identified, the court hearing the case, which acquits the natural person(s) prosecuted on the basis of articles 221-6, 221-19 and 221-20 of the Criminal Code, requires the company to take all measures to restore normal health and safety conditions at work.
To this end, the court orders the company to present, within a time limit set by the court, a plan for implementing these measures, accompanied by the reasoned opinion of the social and economic committee.
The court adopts the plan presented after receiving the opinion of the regional director of companies, competition, consumption, labour and employment. If no such plan is presented or adopted, the court orders the company to implement, for a period not exceeding five years, a plan to eliminate the shortcomings mentioned in the first paragraph.
In the latter case, the expenses incurred by the company may not exceed the average annual amount of contributions for accidents at work levied over the five years prior to the judgment, in the establishment or establishments where the breaches were identified.
The Labour Inspector will monitor the implementation of the measures prescribed. If necessary, the inspector will refer the matter to the interim relief judge, who may order the total or partial closure of the establishment for the time necessary to ensure compliance.
Any employer who fails to present the plan referred to in the second paragraph or to take the measures necessary to implement the plan adopted by the court under the third paragraph within the time limits set shall be liable to a fine of 18,000 euros and the penalties provided for in article L. 4741-14.
