Work still kills, according to a court opinion.
That of Beauvais condemned, this Thursday, the company France Balayage, based in Viefvillers in the Oise, and its leaders.
Pierre Léraillé and his son, Nicolas, were accused
of "manslaughter by the manifestly deliberate violation of an obligation of safety or prudence in the context of work
".
In fact, one of their driver, Christian, died on Thursday July 7, 2016, around 7:30 a.m., at the wheel of his multi-ton sweeper.
Employed for more than fifteen years, he lost control of his vehicle on the A16 motorway, in the Somme.
However, no alcohol, narcotics or telephone were found during the autopsy.
On the mechanical side, the vehicle had no problems or malfunctions.
Suspicion therefore turned to Christian's almost uninterrupted work rhythm.
"They want me dead"
Just count the hours worked: more than 70 during the week from June 27 to July 3, 2016. In the Labor Code, it is specified, unless otherwise specified, that an employee can work up to 10 hours a day , without exceeding a ceiling of 48 hours per week.
Prior to his accident, the driver had worked 12:30 p.m. on July 4 and 2 p.m. on July 6.
On Wednesday evening, Christian calls his wife and delivers his last words, premonitory, evoking his employers: “
They want me dead.
»
Read alsoThe regions where the most work accidents occur in France
“
Christian needed money, he had just bought a house which he was renovating
”, specifies the lawyer for the family of the victim, Maître Sylvia Lebaupain.
An element used by the leaders of France Balayage who claimed that Christian's fatigue came from this work.
"
He could have refused [to work] if he was tired
", "
we did not impose the journey
", they defended themselves during the hearing on September 8th.
This Thursday, the Beauvais court sentenced Pierre Leraillé to eight months in prison suspended and his son to 24 months suspended, accompanied by a ban on running a business for three years.
The company France Balayage was also found guilty with a fine of 10,000 euros.
"
It is an empty shell, it has not existed for years and there are no more activities
”, notes Maître Sylvia Lebaupain.
Six years after the events, the fight is not yet over for the family.
On February 15, 2023, a new hearing will be held to establish common law damages.
Maître Sylvia Lebaupain also seized the social center of the judicial court "
to have the maximum chance that [her] clients will be compensated
".
For that, it is necessary that this pole recognizes an “
inexcusable fault
” of the employer.
But Christian's death is recognized as a "
commuting accident
" and not as
a "work accident
" and does not fit into this clause.
The final verdict will still be rendered in February.