Surveiller sans punir : la place du droit dans la prévention des risques professionnels

Abstract

This article analyzes the role of law in the surveillance and prevention of occupational risks within a large public bureaucracy in France, based on a comparison of three services: a listening unit, an occupational health service, and an inspection mission. Each of these services offers legal intermediation activities that frame forms of legality, ranging from the most spontaneous to the most formal normative references. These references to the law make it possible to differentiate situations in order to create an occupational risk prevention policy that favors actions within the organization rather than external recourse. Deprived of any judicial horizon to use effectively to transform working conditions, the legal intermediaries in charge of occupational health and safety are nevertheless relying, even if in a differentiated way, on the law to work towards better risk prevention.