Non classé October 20, 2023
Gas cylinders in restaurants: an “explosive” responsibility
If an employee is injured or dies as a result of the explosion of a gas pressure device, this can be qualified as a homicide or unintentional injury under Articles 432 to 435 of the Penal Code, as "anyone who, through clumsiness, imprudence, inattention, negligence or failure to observe regulations, unintentionally commits homicide or is the unintentional cause of it, is punished by imprisonment by three months to five years and a fine between 250 and 1,000 dirhams". In the case of unintentional injury, the penalty is of one month to two years imprisonment and a fine of 200 to 500 dirhams, or one of these two penalties only. The manager's responsibility is based on the following elements: -The employer's obligation to take all necessary measures to preserve the safety, health, and dignity of employees in the performance of the tasks they carry out under his direction (article 24 of Labor Law). and -Regulations governing the use of gas pressure equipment (several standards to be complied with), including: -The Dahir of January 12, 1955 relating to regulations on gas pressure devices, as amended and supplemented; -The Dahir n°1-11-140 of August 17, 2011 promulgating the Law n°24-09 relating to the safety…
