What are the penalties for not wearing PPE?

Failure to follow safety guidelines can result in a range of disciplinary actions, ranging from warnings to dismissal. Going through gross negligence that makes it impossible to stay in the business. Employees have the right to defend themselves in the event of insufficient information, lack of training on safety equipment, unclear instructions or non-compliance.

Employees must ensure their safety and health within the framework of their training and abilities. However, he is also affected by others affected by his actions and misconduct at work. In addition, employees who violate safety obligations and commit criminal offenses (bodily injury, falling objects or manslaughter) can be prosecuted and sentenced. In certain circumstances, the facts may give rise to double criminal responsibility. This will be the responsibility of the employer, but also of the employee in the event of non-compliance with safety obligations.

Non-compliance with work instructions

Like business leaders, employees also have obligations in terms of health and safety at work. It cannot be held responsible in the event that the employees do not have the necessary training, act in a reckless manner and do not respect the safety instructions. Even if employers provide personal protective equipment, employees may not wear PPE and put their health at risk or in danger. Indeed, employees must follow the general and specific safety instructions of their employer. However, some workers may voluntarily choose not to wear PPE.

What penalties does the company incur in the event of non-compliance with the wearing of PPE?

Workers must take care of their health and safety according to their training and abilities. Failure to comply with the safety instructions may result in an error liable to disciplinary sanctions. In addition, it depends on the seriousness of the fault, it can lead to dismissal. Failure to comply with safety instructions can lead to disciplinary measures, ranging from warnings to dismissal to serious misconduct which makes it impossible to retain an employee in the company.

Accident at work through the fault of the employee

Research shows that not only do the majority of employers not mandate the wearing of helmets in a work situation, but that their employees also minimize the risk of injury. To this end, the Court of Cassation reminded employers that it is at their discretion to do so. The use of a helmet can prevent or reduce head injuries caused by falling objects. The mistake, however, is that many employees ignore this basic precaution due to annoyance, heat, or simple habits. Therefore, cases of work accidents as in work at height are often caused by failure to follow instructions.

L4122-1 of the Labor Code

According to Article L4121-1 of the Labor Code, employers are required to take all necessary measures to ensure the safety, physical and mental health of each worker. A definition of the details is also mentioned in the Labor Code, article R.233-83-3. Article R4321-4 of the Labor Code stipulates that the employer provides workers with appropriate personal protective equipment. It is when the criteria of the trade are particularly unsanitary or messy, it requires appropriate work clothes.

The boss of the company is subject to a very demanding security obligation since it relates to an obligation of result. Indeed, the preservation of the safety and health of each employee is placed under his authority. It is an obligation of result when it must lead to a specific result which is the protection of professionals.

Who is responsible for wearing PPE?

It should be noted that before stupidly imposing the regulations, employers must ensure that employees have the PPE essential and that they are informed of the mandatory measures. It will obviously be necessary that the employee has received two warnings or two reminders before taking this kind of measure.

Employers are held responsible for failure to comply with safety standards. They are therefore responsible for ensuring that employees wear hard hats in the workplace where there is a possibility.