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).
-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 of products and services and supplementing the Dahir of August 12, 1913 forming the code of obligations and contracts.
-The Joint Order of the Minister of Energy and Mines, the Minister of Public Works, Vocational Training, and Executive Training, and the Minister of Transport No. 1263-91 of April 1, 1993, endorsing the general regulation regarding safety standards applicable to filling centers, bulk storage facilities, or bottled gas storage, as well as fixed industrial or domestic use storage, and the packaging, handling, transport, and use of these products.
-The Order of the Director of Industrial Production and Mines dated on January 13, 1955, regulating the construction and use of gas pressure devices, as supplemented by the order of January 14, 1955, and the order of the Minister of Commerce, Industry, Mines, and Merchant Marine No. 556-62 of January 18, 19.
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