what does the court do?

Interim founder, their brother died in 2015 at ArcelorMittal, falling into a gutter of molten cast iron. For eight years now, Jérôme Domaërel’s family has been waiting for a trial. How could such a tragedy occur at the world’s leading steelmaker? What responses does justice provide in this type of case? Extract from a document from “Complément d’Enquête” devoted to accidents at work, to be seen on April 20, 2023.

Jérôme Domaërel was 40 years old, he was an interim founder. He died on July 13, 2015, while working on blast furnace 4 at the ArcelorMittal plant in Dunkirk. The exact circumstances of his death are still unexplained. The last time he was seen alive, he was standing between the blast furnace and the gutter where the cast iron was pouring out. A moment later he was dead, burned to death in the molten iron gutter.

“Falling into a cast iron gutter, that shouldn’t normally be possible”, wonders one of his brothers, who “suspects that if there has been an accident at work like this, it is because there have been safety breaches”. While, according to him, we could have expected the world’s number one steelmaker to effectively control risks… In Dunkirk, the family of the founder has been waiting for a trial for eight years now.

After almost two years of investigation, the labor inspector has made very clear conclusions. In his report, he indicates: “(…) The fact that specific appropriate measures were not taken to protect these workers by preventing any risk of falling into the gutter constitutes an offence. (…) It can also be qualified as manslaughter against Mr. Jérôme Domaërel.”

An incomprehensible ranking without continuation

These conclusions did not prevent the Domaërel family’s complaint from being dismissed in 2017, in the absence of “sufficient evidence”. To justify this classification, the prosecutor evokes a fault of Jérôme Domaërel, who would have violated a rule of movement in the factory. His relatives are outraged that the victim of a fatal work accident is now considered to be at fault.

How to understand that the court’s decision is based on a fault of the victim, while the report of the labor inspector excludes this hypothesis? “Complément d’Enquête” requested an interview with the prosecutor, without success. Journalist Laure Pollez contacted the courthouse by phone, but did not get an answer either.

Following a complaint from his family, an investigation was reopened, but Jérôme Domaërel’s file still seems to be at a standstill. For its part, the ArcelorMittal group indicated that it would not comment…

Excerpt from “When work kills”, a document from “Complementary investigation” to be seen on April 20, 2023.

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