Safenergy and penal liability of leaders
The penal responsibility of leaders is real. When an offense is committed within a group, a leader may have to answer for something committed by others. In penal law, the directors responsibility is retained when an offense is committed by one of his employees, if it was carried out on the behalf of the manager.
In deed, are penally responsibles for the others’ facts, those who have a legal obligation to supervise the facts of an auxiliary or a subordinate. The leaders are therefore penally responsible when they don’t prevent others from committing an offense.
It’s considered that the managers fail in their duty to ensure the proper application of laws when an offense is committed during the operation of the company by one or more employees. This offense is therefore imputed to the officer, so he must assume his participation to it. In terms of hygiene and safety at work, only the manager can be criticized for the failure and non-compliance with the regulations which must be imposed by the manager. The workers are supposed to be protected by the precautions of the leader, that’s why the Safenergy application provides a solution to the leaders.
The Safenergy App allows the manager to cover himself since it helps with risk management and site safety management. The Safenergy App achieve a virtuous circle of excellence and continuous improvement. Thus, it induces a concept of quality ICIP® (Informing Control Intervene and Plan) which can be used by the leader to make representations in the field of Health and Safety Prevention (HSP) at work when offenses have been committed by their agents. Indeed, to counter penal risks, managers implementing the use of the Safenergy solution attest and prove their willingness to impose safety rules and to enforce laws and their Internal Regulations.
Safenergy allows to control the penal responsibility of the Director and its company by providing, by default, pre-packaged modules around health and safety prevention issues on site, namely security meetings, golden rules, best practices, routine inspections, a turnkey incident reporting system, and a QSE Observation and Query Reporting module based on more than 350 QHSE checkpoints.
All these elements are preloaded in the Application.
Thanks to the Safenergy application, managers can anticipate the risks of infringements and have the proof of ensuring the safety of their employees. As a result, executives protect themselves from penalties that may be awarded to them because of an violation committed by employees.
The Safenergy platform is therefore a mean of prevention and action for the penal responsibility of the leader. In fact, the informations, collected on the field, are transformed into a real tool for the company’s strategy and for the Management of Good Practices for Health and Safety Prevention (MGPHSP).
Thus, trusting Safenergy, company managers can have a traceability of the actions performed by their employees but also have a proof that they ensure the safety of their collaborators. The Manager has traceability of safety meetings and training, organized by his team leaders, site managers, QSE prevention specialists.
CEO – Safenergy Systems – Industrial Mobile Apps