Scaffold deck tips: works director and scaffolder convicted

04/09/2024 · Federal Supreme Court · Lausanne (VD) · Life-threatening · 6B_1190/2023

What happened A roofer fell more than 8 m when a scaffold platform without locking pins or fixed toe boards tipped over.

What the court decided Both convicted at first instance; the Vaud appeal court cut the works director's sentence; Federal Court dismissed both appeals – final.

Why Both had a duty to ensure the scaffold was safely erected and checked; the works director could not simply rely on the scaffolding firm.

Works director, general contractor: convicted of serious bodily harm by negligence, 50 day-fines of CHF 100 (total CHF 5,000), suspended. Had to make sure the scaffold was safely erected and maintained and to instruct the scaffolding firm.
Technical director, scaffolding firm: convicted of serious bodily harm by negligence, 100 day-fines of CHF 100 (total CHF 10,000), suspended. Responsible for the scaffold being erected with locking pins and fixed toe boards.

Inspect scaffolds before use: decks locked, toe boards fixed? The main contractor's works director is responsible too.

Source: entscheidsuche.ch (FR)

Fact summary in our own words based on the linked source, which prevails. No names of the people involved.