Isolated work and the labor code: case law on failure to provide assistance

In your opinion, you've taken all the necessary measures to protect your isolated workers and avoid liability. Are you sure, however, that your planned chain of assistance and rescue in the event of an accident is effective? A case law from the French Supreme Court (Cour de Cassation) on November 12, 2020 perfectly illustrates 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 triggered an alarm when he was the victim of a stroke. He was not rescued until 3 hours later due to a deficiency in his alert device. As a result, he sought recognition of the liability of his employer, who in his defense argued that he had equipped the employee with a suitable emergency device.

The Cour de cassation, however, ruled in favor of the employee. Indeed, it was the employer's duty to ensure that the lone worker's warning device functioned 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 personal monitoring devices,
A switchover of alarm processing in the event of a problem from the main station to the backup station in less than 3 minutes for 24/7 service continuity,
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 in terms of security and personal protection.

Providing your isolated workers with a warning device 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 isolated employees
• Selecting devices adapted to the environment of your isolated workers
• Defining the instructions to follow in the event of alerts being triggered
• Training your users in the use of their PTI-DATI devices
• Providing documentation to be signed by protected and trained employees
• Reporting on the use of DATIs to track alert triggers, commissioning, etc.
• Monitoring 24/7 by our two APSAD P5-certified stations.