Lone working and the Labour Code: case law on failure to provide assistance

In your opinion, you have taken all the necessary measures to ensure the protection of your isolated workers and to avoid liability. Are you nevertheless sure that your planned chain of assistance and rescue in the event of an accident is effective? Case law from the Cour de Cassation on 12 November 2020 shows perfectly why you need to choose a partner certified to the highest level.

Your liability is engaged, here's an example.

In April 2011, the employee of a surveillance company raised an alarm when he was the victim of a stroke. He was not rescued until 3 hours later due to a defect in his alarm system. As a result, he sought to have his employer recognised as liable, who in his defence argued that he had equipped the employee with an appropriate emergency device.

The Court of Cassation, however, ruled in favour of the employee. Indeed, it was the employer's duty to ensure that the lone worker's warning device worked without failing and without interruption.

The best way to offer your isolated employees reliable protection is to choose an APSAD P5-certified partner. This distinction is awarded to companies dealing with the highest levels of risk. Also, it guarantees that your lone workers are rescued quickly in the event of an accident and in all circumstances by requiring providers :

A maximum processing time of 60 seconds for 98.5% of aggression alarms, fire detection and prevention devices and people monitoring devices,
A switchover of alarm processing in the event of a problem from the main station to the back-up station in less than 3 minutes for 24/7 continuity of service,
A relationship with staff trained for high risk,
An annual certification audit,
The protection and confidentiality of your data.

Scutum Premium Services is one of the first companies certified APSAD P5. Our teams innovate on a daily basis to maintain the highest standards of security and personal protection.

Providing your isolated workers with an alarm system is just one step in our protection approach. Our safety experts master every essential phase, from defining your needs to remote monitoring of your PTI-DATI :

• Defining your needs and the risks for your lone workers
• Selecting devices suited to your lone workers' environment
• Defining the instructions to follow if alerts are triggered
• Training your users to use their PTI-DATI devices
• Providing documentation for protected and trained employees to sign
• Reporting on the use of DATIs to monitor alerts triggered, commissioning, etc.
• Monitoring 24/7 by our two APSAD P5-certified stations.