In Bagnols, a worker died in a work accident, the Endel company is convicted of involuntary manslaughter

In Bagnols, a worker died in a work accident, the Endel company is convicted of involuntary manslaughter
In Bagnols, a worker died in a work accident, the Endel company is convicted of involuntary manslaughter

In Bagnols, a 28-year-old worker who was carrying out welding work died on an Endel company site in 2015. The company was fined €150,000 for manslaughter.

In Bagnols, a Gardien worker from the Endel company who was carrying out welding on a CEA Marcoule site was the victim of a work accident on September 8, 2015. The employee – he worked as a pipefitter – died, a few days later. The 28-year-old victim was the father of a 2-year-old girl.

This Tuesday, Endel, the subcontracting company, was convicted of involuntary manslaughter and fined €150,000. The company is also condemned for not having put in place a risk assessment plan and a safety and health protection plan for its employees. Endel will also have to compensate the members of the victim’s family, defended by Me Bourgeon and Vincent Carail-Roch. The worker was found unconscious near a pipe manhole after having suffered a cardiorespiratory arrest due to inhalation of argon gas.

The victim was the father of a 2-year-old child

“Everything was contested by the Endel company, for whom the worker was the only one at fault. It was complicated”, notes Me Laurence Bourgeon, the lawyer for the victim’s wife and her daughter, now 12 years old, who will have kept very few memories of her father. The lawyer and her clients had to fight, at first instance then before the Nîmes Court of Appeal which confirmed a decision, in their favor, of the Gard social security court. Me Laurence Bourgeon obtained, from the investigating judge, a referral from the employer to the Nîmes criminal court. “There was also a lot of work by the labor inspectorate which provided elements, all contested by the employer”underlines Me Laurence Bourgeon. “If he had had a prevention plan, an oxygen meter…”, this dramatic accident would not have taken place, insists Me Laurence Bourgeon who also places emphasis on a lack of training and resources on the part of the subcontractor. According to our information, the Endel company has already been convicted, in France, in the 2000s, for homicide or involuntary injuries by a legal entity.

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