On June 4, 2021, the Commercial Chamber Hall C (“the Chamber”) ratified in a ruling the imposition of a fine on an Labour Risk Insurance Company (“ART”) on the grounds that the supervisory authority considered that the company had committed an infringement consisting of not having complied with the minimum frequency of visits established in order to verify the state of compliance with occupational health and safety regulations.
It points out that it is the ART’s duty to contribute effectively to the prevention of risks in the workplace where the dangers are greatest, especially given the constant possibility of occupational accidents, based on Resolution No. 463/2009 of the Superintendence of Labour Risks.
The importance of site visits was underlined in order to become fully aware of existing risks and to ensure that they are prevented.
From the beginning of the contract, an ART must inquire about the member’s situation with regard to risk factors in the workplace, as well as to advise the employer and train the staff on the risks directly related to the activities carried out. This is followed by the implementation of permanent prevention areas in the workplaces.
Furthermore, the Chamber considered that, in the context of the occupational risk system, the seriousness of this type of misconduct must be weighed, given the relevant social function of an occupational risk insurer and the public interest involved in the activity it carries out.
It concludes that, once the infringement has been established, the contested administrative act is sufficiently reasoned and ratifies the imposition of a fine.