The responsibility of the line management

Why does the line management have a special responsibility with regard to safety ?

Definition :

• The notion of « line management » refers to the hierarchy of directors, department heads, foremen, team leaders, etc.
• To be a member of the line management is to have an impact on the management of the work of another employee.
• One is a member of the line management not only because of the organisational chart, but also on the basis of realities in the field.

Legal aspect :

The legislative framework regarding safety and well-being at work defines the structures and the objectives to be attained. It defines the « who does what », but not the how (or only to a very limited degree).
Companies have an obligation to achieve a result (the health and safety of the employees), but they have a certain freedom in the actions they undertake and the means they implement to reach that objective.

Fundamental principle of the labour code :

« Each employee must take care, according to his possibilities, for his safety and his health as well as of those of other persons, by reason of his acts or omissions at work, in conformity with his training and the instructions of his employer ».

This means : « I am responsible for my own safety ». But it also means : « I am responsible for the safety of others ». And that as a function of the training, the information and the instructions received, but also my level of responsibility within the company !

The health and safety of employees are two elements of the employment contract.

The scope of responsibility of employers is much broader than the parties involved might think. Their obligation is one of result. If it can be proved that preventive measures were not taken, while the manager should have been aware of the danger, the fault will be qualified as « inexcusable ».

A breach on the part of the employer with regard to safety is always accompanied by costly damages.