Facts
The appellant, [X.] , is the managing director and main shareholder of [B. AG] . On 25 February 2010, a work accident occurred at a CNC lathe, in which the employee [A.] was seriously injured. The accident investigation revealed that the machine's safety door monitoring system had been tampered with and the safety devices on several machines in operation were not functional.
The Cantonal Court of St. Gallen found [X.] guilty of negligent serious bodily harm and negligent removal or failure to install safety devices, and sentenced him to a conditional fine. [X.] lodged an appeal and requested that the judgment be overturned and that he be acquitted of the charges.
Considerations
The Federal Court examined the appeal and came to the conclusion that the appellant, as managing director and main shareholder of [B. AG] , was responsible for the safety of his employees. The lower court had established that the appellant had violated his supervisory and control duties regarding compliance with safety regulations by failing to instruct, monitor, and control his employees accordingly.
The Federal Court found that the appellant, through his culpable omission, had fulfilled the elements…