Facts
On November 11, 2002, a work accident occurred on a construction site in Bern, in which the respondent, an employee of the company [H. AG] , was struck in the head by a falling control panel and seriously injured. The appellant, who was the construction manager for the structural work for the general contractor [B. AG] , was convicted by the High Court of the Canton of Bern of negligent serious bodily harm and endangerment through negligent violation of the rules of construction, as he had failed to secure the danger zone during the dismantling work by the subcontractor [E. AG] .
Considerations
The Federal Supreme Court upheld the lower court's judgment. It stated that the appellant, as the construction manager and safety officer of the general contractor [B. AG] , held a guarantor position and was therefore obliged to ensure the safety of all persons working on the construction site. This resulted from the legal provisions of the Accident Insurance Act and the Construction Work Ordinance, as well as the Occupational Safety and Health Protection Measures Plan (MAG) concluded between [B. AG] and [E. AG] , which provided for joint responsibility for safety.
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