Employer

Accountability

The employer is responsible for the prevention of psychosocial risks in the company.

He decides on the preventive measures to be taken to prevent situations that involve psychosocial risks, prevent harm (if dangerous situations cannot be avoided) and lastly limit harm.

These measures will be taken:

• a priori based on the risk analysis;
• a posteriori:
  • after the evaluation of the preventive measures already taken;
  • when a danger is detected in a specific work situation;
  • based on a request for intervention by a worker.

He will only take measures if they have an impact on the danger and it is an objective danger.

Some of these preventive measures are imposed by the legislation, for example:

• the internal procedure.
• psychological support for victims of third-party violence.
• information for workers in the work regulations.
• the register of third party facts,
• etc.

A lack of prevention and non-compliance with the legal provisions be prosecuted by the criminal court or result in an administrative fine.

Delegation of power

Generally speaking, with regard to criminal labour law, employers can delegate the management tasks incumbent upon them to a third party, in an explicit and limited way. This third party, however, the delegate, must have the authority, skills and resources required to carry out the management task entrusted to him.

Delegation must be partial, in the sense that the subject of the delegation must be specific and limited. The issues transferred must therefore be clearly set out in writing so that the delegate is aware of the limits and modalities of their mission.

In these conditions, it is possible for the employer to delegate their tasks relating, for example, to the management of requests for intervention to another person if the delegate has the necessary decision-making powers to take measures with regard to these individual situations.