Droit pénal de la sécurité industrielle - Droit du danger - Cotraitance et sécurité - Droit de la santé sécuritéDroit et sécurité (ERE)
Criminal Law of Industrial Security - Law of Danger - Subcontracting and Security - Health and Safety Law
Séquencement
Learning objectives
Master:
- The scope of the company's responsibility (for its managers and delegations) and the means to cover it in the areas of quality, occupational health and safety, the environment and product safety.
- The principles of the law of danger, their meaning and scope in particular for forecasting, prevention, protection, reparation and repression.
- The applicable law, the concept of travelling accidents, occupational diseases, partial permanent disability, temporary work, the inexcusable fault of the employer and his substitutes. Know:
- The principles of the liability of natural and legal persons (see Labour Code), the causes of exemption and the civil and criminal sanctions against employees of the company.
Prerequisites
| Module | Teaching unit | Semester |
|---|---|---|
| Civil Law | Law and Human Factors | S9 |
| Labor Law - Criminal Law | Law and Human Factors | S9 |
Program
Public order of the industrial society. Criminal offences Criminal sanctions. Responsible people. The leaders. Other natural persons. Legal persons. Prosecution and criminal trial. The criminal risk of the enterprise (risk management). Security duty of the head of establishment. • Definition, sources. Domestic law. European law: framework directive of 12 June 1989. The Law of 31 December 1991 establishing the general obligation of security. • The content of the duty of security of the head of establishment. New perspectives. Redesign of the employer's obligations. The employer's responsibility. • Civil liability of the employer. Intentional misconduct by the employer or his employee. The inexcusable fault of the employer or his employee. • Criminal liability of the employer. Identification of the person responsible. The guilt of the employer. The obligations and rights of employees. • Individual plan: labour law, right of withdrawal. • Collective plan CHSCT. Legal prevention institutions. • Occupational medicine. • Social security agencies. • Approved bodies. Major regulations. • Equipment. • Chemical risk, etc.
Assessment
Project
Skills
1| Ref. | Verb | Description | Level |
|---|---|---|---|
| C5 | argue | Meet the requirements of risk governance. Develop associated document systems | 4 |