Facts
The appellant, owner and safety officer of a scaffolding company, was convicted of negligent homicide after an employee fell through an Eternit roof on a construction site and suffered a fatal accident. The accident occurred as the employee was returning from the south side of the building, where he had picked up materials, and fell through the unsecured roof.
The lower court found that the appellant had not properly informed the employee and had taken no safety precautions to secure access to the roofs. The appellant had instructed the employee to take a certain route, but had taken no measures to secure the hazardous area.
The appellant requested that the judgment be overturned and that he be acquitted, as he believed that the lower court had incorrectly established the facts and had considered the evidence one-sidedly.
Considerations
The Federal Supreme Court examined the appeal and came to the conclusion that the lower court had correctly established the facts and had not considered the evidence one-sidedly. The court found that the appellant, as safety officer, held a position of guarantor and was therefore obligated to take the necessary safety precautions.
The court found that the appellant had negligently failed to check whether the roof to be walked on was fall-proof and had taken no corresponding measures to protect the workers. The lower court had correctly assumed that the appellant had not secured the hazardous location and that this constituted a breach of duty of care.
The court also examined the…