Unprotected stairwell in hotel renovation: three managers convicted

11/09/2024 · Federal Supreme Court · Lausanne (VD) · Seriously injured · 7B_14/2023

What happened A tiler stepped on a metal drum to reach a makeshift wooden platform at an unprotected stairwell. The drum slid and he fell 4.5 m.

What the court decided All three convicted at first instance (29.11.2021); appeals dismissed (17.8.2022); Federal Court dismissed the appeals – final.

Why Many people used this improvised access. Whoever organises safety on a large site must appoint competent people and check their areas.

Client's project director: convicted of serious bodily harm by negligence, 50 day-fines of CHF 100 (total CHF 5,000), suspended. Did not appoint a competent safety officer for the site.
Works manager (spa area): convicted of serious bodily harm by negligence, 60 day-fines of CHF 100 (total CHF 6,000), suspended. Responsible for safety in the spa area; did not appeal.
Partner of the site-management firm (overall supervision): convicted of serious bodily harm by negligence, 30 day-fines of CHF 150 (total CHF 4,500), suspended. Had overall supervision and, after a staff departure, also the spa area.

Improvised routes are warning signs. Protect openings at once and name a competent person for safety.

Source: entscheidsuche.ch (FR)

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