Facts
On 11 November 2002, a work accident occurred on a construction site in Bern, in which the respondent, an employee of [H. AG] , was struck on the head by a falling control panel and seriously injured. The appellant, the owner and safety officer of [E. AG] , was found guilty by the High Court of the Canton of Bern of negligent serious bodily injury and negligent endangerment through violation of the rules of construction science. He was accused of failing to deploy a third employee to secure the hazardous area.Considerations
The Federal Court dismissed the appellant's appeal. It stated that the appellant, as the safety officer of [E. AG] , held a guarantor position due to legal provisions and the Occupational Safety and Health Plan (MAG) concluded between [B. AG] and [E. AG] . Since there was a…