06 Dec
Indeed, during the exercise of our professional activity, we can be confronted with dangerous situations. Fortunately, each employee has a right of alert and a right of withdrawal to protect themselves. Let's see together under what circumstances we can use them.
Le right to alert allows an employee to warn his employer of a situation he considers dangerous to his life or health.
Le right of withdrawal as for him stems from the right of alert, it then allows the employee to withdraw from his workstation if he considers that he is in a situation which puts his life or his health in danger.
When to apply these rights?
According to the Labor Code, the employee can apply his right to alert when he finds himself in a work situation of which he has a reasonable cause to think that she presents serious and imminent danger to life or health as well as any defect that he observes in the protection systems.
This serious and imminent danger can come from several causes:
- A cause external to the employee: a defective machine or device, a risk of aggression, a dangerous manufacturing process, the absence of collective or individual protection, etc.
- A cause specific to the employee: for example if the employee is allergic to a component that he must handle.
The law specifies that it cannot be a simple discomfort, the danger must be capable of causing temporary or permanent incapacity. The right of withdrawal is assessed subjectively from the employee's point of view. The employee does not have to prove that there is indeed a danger, but he must feel threatened by a risk of injury, accident or illness. It is up to the employee to assess whether the situation presents him with a “serious” and “imminent” danger to his life or health.
How should we apply them?
As an employee, the alert notice can be given verbally. In addition, it is important to have the situation noted by a superior in the workplace, even if the Labor Code does not clearly indicate that the employee has the duty to inform the management of the establishment. The exercise of the right of withdrawal requires, as a preliminary, the use of the right of alert.
The employee's withdrawal must not, however, lead to a new situation of serious and imminent danger for other people. It is necessary to secure his workstation and switch off the tools and machines used: the crane operator exercising his right of withdrawal because of a storm must secure his crane to prevent it from falling, the metallurgist must switch off his torch, the road driver must not leave his vehicle in the middle of the road, etc….
It is also very important to inform your line manager and your employment agency. Information can then be provided orally or in writing. Finally, it is recommended that a staff representative be informed at the same time, who will in turn be able to exercise his right to alert.
Even if the employee withdraws from his workstation, he cannot however return home and must remain at the disposal of his employer. However, the employer or his representative cannot ask the employee to resume his activity in a work situation where a serious and imminent danger persists.
As you will have understood, in the event of a situation presenting a "serious and imminent" danger, react by invoking your right of alert and your right of withdrawal. Remember for this:
- That you need a reasonable cause to think that there is serious and imminent danger,
- That before exercising his right of withdrawal, it is necessary secure your workstation,
- That it is essential to take note of the situation by a superior at your place of work,
- That it is then necessary notify your temporary work agency,
- The fact that you cannot leave the premises of your business without having been authorized to do so.