When one of the offences listed in article L. 4741-1, which has caused death or injury under the conditions defined in articles 221-6, 222-19 and 222-20 of the French Penal Code or, unintentionally, injury, blows or illnesses not resulting in a total personal incapacity to work of more than three months, has been committed by a delegate, the court may, taking into account the factual circumstances and the working conditions of the person concerned, decide that the payment of the fines imposed will be charged, in full or in part, to the employer if the latter has been summoned to the hearing.