In expert investigations regarding serious risk to employee health and safety, the appointed expert can interview the employees without requiring the employer’s approval

Written by Valentino Armillei

Published by La Semaine Juridique 

Conclusion. – The expert appointed to carry out an expert investigation regarding serious risk to employee health and safety can interview the undertaking’s employees with their approval, if he or she considers it would be useful in completing his or her assignment.

Impact. – Implicitly, the French Court of Cassation considered that such interviews did not require the employer’s approval in the context of the expert investigation at issue. In the event of objection, it is up to the judge to assess whether the interviews to be carried out by the expert are necessary in view of the expert’s assignment. Read more