What did the court decide?
In the first case, the matter concerned a fatal fall from a balcony during installation work at height. The court blamed the employer for defective guardrails, for failing to inventory the specific risks of working on balconies, and for the lack of supervision. A Last Minute Risk Analysis (LMRA) performed by the employee does not alter this; the duty to identify and safeguard against risks rests primarily with the employer.
In the second case, an employee died while clearing a sugar silo due to engulfment and asphyxiation. The court found that there was no clear, documented safe work method, that critical risks were not adequately included in the HI&RAs, and that supervision – including the role of the confined space attendant – was not ensured.
In both cases, it was proven that the employer intentionally acted in violation of Article 32 of the Working Conditions Act and a fine of €50,000 was imposed. These fines imposed by the criminal court are notably higher than the penal orders previously issued by the Public Prosecution Service following fatal workplace accidents.
Employer’s responsibility
The Netherlands Labour Authority (NLA) investigates serious workplace accidents and can instruct the employer to prepare an employer’s report. An inadequate report or poor follow-up on measures can lead to sanctions and, in the most serious cases, criminal prosecution by the Public Prosecution Service. This year’s rulings raise the stakes: the court applies strict scrutiny to concretely documented risks and demonstrable supervision, including where there is “additional work” or atypical, less common tasks.
More information
If you have questions about workplace accidents or need assistance preparing an employer’s report, please contact our lawyers Huib Lebbing or Leontine Cobben of the Houthoff HSE team or consult our webpage.
