In 2025, the French Supreme Court confirms the shift from an obligation of result to an enhanced duty of care for employers in the field of workplace safety. This evolution requires employers to react concretely to safety deviations, failing which they face criminal, civil, and inexcusable fault risks.
What the Labour Code says (Article L4121 1)
Article L4121 1 of the Labour Code requires employers to assess risks, prevent accidents, and protect employees’ physical and mental health through appropriate measures, including information, training, organisation, and resources. This obligation includes psychological safety and the prevention of psychosocial risks, which have been integrated into the DUERP following the 2024 and 2025 updates.
Any safety rule included in the internal regulations must be applied, monitored, and, where necessary, sanctioned in order to demonstrate its effectiveness.
Case law developments: toward an enhanced duty of care
Consistent case law places the burden of proof on the employer to demonstrate the preventive measures implemented (Social Chamber, 28 February 2024, no. 22 15.624). In the event of repeated deviations, disciplinary sanctions must be justified and proportionate (Social Chamber, 29 May 2024, no. 22 18.328). Repeated breaches may constitute inexcusable fault (Social Chamber, 28 February 2002), particularly in the event of an accident.
In November 2025, the Supreme Court further reinforced this obligation. Tolerating a known and documented breach weakens the safety culture and exposes the company to criminal liability, including fines and imprisonment, as well as civil liability with increased compensation.
Concrete example
An operator repeatedly ignores the obligation to wear personal protective equipment despite training sessions and reminders. In the absence of disciplinary action, if an accident occurs, the judge may consider the rule to be effectively nonexistent, thereby aggravating the employer’s liability.
Risks for the employer in the absence of corrective action
- Criminal risk: up to three years of imprisonment and a 45,000 euro fine under Article L4741 1 of the Labour Code for breach of the safety obligation.
- Civil risk: inexcusable fault leads to increased compensation, including loss of income and pain and suffering.
- Reputational risk: weakening of the safety culture, negative impact on quality of working life and talent retention in 2025.
A rule that is not sanctioned loses its effectiveness, rendering the DUERP ineffective in addressing psychosocial risks or physical accidents.
How should organisations respond to safety breaches
- Detect and document through audits, behaviour based safety observations, or incident reporting.
- Inform and train through individual or collective reminders, including psychological safety principles such as zero tolerance for harassment.
- Monitor through practical assessments and safety performance indicators.
- Correct and sanction through warnings, temporary suspension, or dismissal in the event of recurrence, always proportionate and fully documented.
Practical case : Repeated non compliance with a fall prevention rule. After two reminders, a three day suspension is imposed, formally notified by registered letter, with reference to the internal regulations. This approach provides protection in the event of a subsequent accident.
These measures should be integrated into an overall disciplinary policy aligned with ISO 45001 and psychosocial risk prevention.
The role of a safety and psychosocial risk consulting firm
A specialised consultancy such as ours supports organisations through:
- Compliance audits, reviewing internal regulations, the DUERP, and disciplinary practices.
- Management training on fair disciplinary action, psychological safety, and safety culture.
- Action plans including behavioural standards and post accident simulations.
- Post breach support including employee representative procedures and judicial expertise.
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Key Takeaways
- Document everything. Each identified deviation, including date, facts, and witnesses, must be recorded to demonstrate preventive action in the event of a dispute.
- Gradually escalate responses, reminder, training, then proportionate sanction such as warning or suspension, depending on severity and recurrence.
- Integrate measures into the DUERP by linking sanctions to physical and psychological risks, including psychosocial risks and harassment, for a comprehensive 2025 prevention strategy.
- Train managers in fair disciplinary practices and psychological safety to avoid disputes with employee representative bodies.
- Have your system audited. An external HSE consultancy can validate your internal regulations and prevention chain, contact us for a free diagnostic.
FAQ
Should all deviations be sanctioned
No. Priority should be given to repeated or serious breaches. A graduated approach, reminder, training, sanction, demonstrates compliance with the enhanced duty of care.
What are the risks in the event of an accident where breaches were tolerated
Inexcusable fault is highly likely, with increased compensation and potential criminal prosecution.
How does this relate to psychological safety
Psychosocial risks such as stress and burnout also fall under Article L4121 1. Sanctions against harassment contribute directly to mental health protection.
Sources :
Agence nationale pour l’amélioration des conditions de travail. (2024). Prévenir les risques psychosociaux, agir sur l’organisation du travail. ANACT. https://www.anact.fr
Agence nationale pour l’amélioration des conditions de travail. (2025). RPS, management et régulation des comportements au travail. ANACT. https://www.anact.fr
Direction de l’animation de la recherche, des études et des statistiques. (2024). Organisation du travail, prévention et responsabilité managériale. DARES. https://dares.travail-emploi.gouv.fr
Institut national de recherche et de sécurité. (2023). Culture de sécurité et prévention des comportements à risque. INRS. https://www.inrs.fr
Institut national de recherche et de sécurité. (2024). La prévention des risques professionnels par l’effectivité des règles. INRS. https://www.inrs.fr
Institut national de recherche et de sécurité. (2025). Risques psychosociaux et prévention primaire en entreprise. INRS. https://www.inrs.fr
International Organization for Standardization. (2018). ISO 45001, Occupational health and safety management systems. ISO.
International Organization for Standardization. (2021). ISO 45003, Psychological health and safety at work. ISO.
Health and Safety Executive. (2023). Managing unsafe acts and organisational responsibility. HSE. https://www.hse.gov.uk
Institut national de recherche et de sécurité. (2024). Behaviour based safety, principes et limites. INRS. https://www.inrs.fr
Edmondson, A. C. (1999). Psychological safety and learning behavior in work teams. *Administrative Science Quarterly*, 44(2), 350–383.
Edmondson, A. (2019). *The fearless organization*. Wiley.
RPS, DUERP, sécurité psychologique, BBS : ANACT 2024/2025, INRS 2023-2025, ISO 45003, Edmondson.
Culture sécurité, sanctions proportionnées, gradation : INRS/BBS, HSE unsafe acts, ISO 45001.
Organisation/prévention : DARES + ANACT.