Asbestos in outsourced work: principal liable without safety oversight

Health and safety at work
Asbestos in outsourced work: the principal is liable if it fails to oversee safety
Court of Cassation, Labour Division

The case arose from a claim brought by the heirs of a worker who had died of pleural mesothelioma, who sought compensation for damages on the ground that the illness had been caused by exposure to asbestos fibres during work carried out in premises affected by outsourced works. After the employer’s liability was established in the lower courts, the dispute came before the Court of Cassation.
The Supreme Court upheld the decision in favour of the heirs, reaffirming that outsourcing work does not relieve the principal of its protective obligations where it retains availability of and control over the workplace. The principal remains under a duty to oversee the adoption of preventive and protective measures, to provide adequate information on the risks present, and to cooperate with the contractor to ensure the safety of workers.
The ruling highlights that liability may arise even where the damage results from exposure to harmful agents present at the worksite that is the subject of the outsourced contract, where it is not shown that there was effective and ongoing oversight of compliance with safety requirements. The Court further noted that insurance indemnification does not cover temporary biological damage, which may therefore form the subject of a separate award of compensation. The ruling confirms the broad scope of the oversight obligations placed on the principal and the importance of the concrete management of interference risks.