Facts
On July 9, 2012, a work accident occurred on a construction site in [B.] , in which the employee [A.] was injured. On that day, [A.] was working as a crane operator and was standing next to a construction pit approximately 5 meters deep when a dumper truck drove past him, causing him to step back, fall over a construction barrier into the pit, and sustain injuries.
On June 23, 2017, the Cantonal Court of Obwalden found the appellants [X.] and [Y.] guilty of negligent endangerment due to violation of the rules of construction (Art. 229 para. 2 Swiss Criminal Code) and negligent simple bodily harm (Art. 125 para. 1 Swiss Criminal Code). [X.] was sentenced to a conditional fine of 25 daily rates at CHF 160.-- and a fine of CHF 800.--. [Y.] was sentenced to a conditional fine of 30 daily rates at CHF 330.--.
The High Court of the Canton of Obwalden upheld the first-instance convictions on appeal by [X.] and [Y.] on December 12, 2018.
Considerations
The Federal Supreme Court considers the convictions to be lawful. The appellants, as foremen and construction managers, were responsible for the safety on the construction site and thus also for the installation of adequate fall protection along the construction pit. The fall protection should have been at least 95 cm high according to the provisions of the Construction Work Ordinance (BauAV) to prevent falls into the construction pit.
The appellants cannot claim that the construction manager [E.] had only referred to the…