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Editorial Lyon
Published on
Nov. 30, 2024 at 6:38 a.m.
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The administrative court of Lyon ordered the Métropole de Lyon to compensate one of its former agents for his “anxiety damage” at the idea of developing a “serious illness” today, after having left him “kneading” for over twelve years old “pure asbestos with bare hands”.
The former painter demands 30,000 euros in compensation
This former “painter and horizontal sign applicator” had taken the matter to court on April 17, 2023, after the rejection of his prior request for compensation, and requested €30,000 in compensation from his former employer: his “responsibility” was engaged, from his point of view. view, for having made him work from 1987 to 2000 “without suitable protection”.
“The mere production of a certificate of professional exposure to asbestos is not sufficient to establish the link with the moral damage, (…) the reality of which has not been established”, replied the Métropole de Lyon to conclude to the “rejection” of this request.
“At the very least” the “compensatory claims” of his former agent had to be “reduced to fairer proportions”. And the “troubles in the conditions of existence” that he invoked “are not further established”, supported his lawyer Me Jean-Bernard Prouvez.
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A public health problem known since 1977
“It is not disputed that the harmfulness of asbestos and the seriousness of diseases due to its exposure were partly already known before 1977”, however, recalls the administrative court of Lyon in a judgment dated November 8, 2024 which comes to be made public. “The decree (…) of August 17, 1977 (…) imposed protective measures (…) as well as controls on the concentration of asbestos fibers in the atmosphere of workplaces. »
But “from 1974 to 1995, even 1998, from asbestos powder was used in the composition of waterproof joints subjected to heat of 160°C used (…) for the application of horizontal signaling,” explain the judges. “When the strips wore out or changed width, the joints (…) were detached and scraped with a spatula in order to obtain a clean surface. »
“The agents kneaded pure asbestos with their bare hands”
“To make the new joint, the agents mixed pure asbestos with water in a metal box with their bare hands to obtain a homogeneous paste, spread with bare hand and with a spatula,” they explain. “In addition, the asbestos was stored without any particular precautions, in bulk in bags in the workshop or in the toolbox placed in the vehicle. »
The truck's mixing tank also required “changes of joints and cladding” with asbestos, always with “the same method” of work.
“As noted by the prevention doctor (…), Mr. XXX was exposed to a “major” risk of inhaling asbestos dust between 1987 and January 1, 2000 (…) within the Metropolis of Lyon, which does not contest the absence of specific protection measures”, therefore deduces the administrative court of Lyon. “The Metropolis (…), which should have been aware of the danger to which Mr. XXX was exposed and which did not take the necessary measures to protect him from it, failed in its security obligation. »
The former painter finally compensated with 8,000 euros
However, the former “horizontal signage applicator painter” will not receive the full €30,000 that he expected: he will have to settle for €8,000 for his “anxiety damage” alone and an additional €2,000 for his legal costs.
“The applicant provides (…) personal and circumstantial evidence capable of establishing that he was exposed to a high risk of serious illness and a reduction in his life expectancy, awareness of which is sufficient to justify the existence of compensable anxiety damage”, initially agrees the administrative court of Lyon.
A sum of €8,000 thus corresponds to a “fair assessment” of this damage, according to the judges, “in view of its regular exposure (…) for 12 years and 6 months”.
The Métropole de Lyon will have to add “bank interest”
The Lyon Metropolis will also have to add banking “interest” which has accrued since December 2022, the date of the “prior compensation request” from its former agent.
On the other hand, with regard to “disorders in living conditions”, the former road agent “does not justify being subjected to post-professional medical monitoring, the possible frequency of checks of which would be such that it would result in him” such “troubles”.
He also does not demonstrate “experiencing distress such that it reflects a loss of vital momentum accompanied by a disruption in his life plan”, find the magistrates. Both parties have until January 8, 2025 to appeal.
GF (PressPepper)
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