Arm torn off by vineyard auger: grower and drill operator finally convicted

14/11/2025 · Federal Supreme Court (1st Criminal Law Division) · GE · Seriously injured · 6B_365/2025, 6B_380/2025

What happened The worker was refilling a hole next to the running drill; standing up he lost balance and stumbled into the unguarded auger, which caught his open jacket.

What the court decided Police Court (30 Apr 2024), appeals dismissed (Court of Justice, 6 Mar 2025), both appeals dismissed by the Federal Court – final.

Why The manual prohibited working next to the running, unguarded auger. The employer knew and let it happen; the operator drilled with a person close by. Efforts after the accident do not reduce the sentence.

• Employer (wine grower): convicted of serious bodily harm by negligence, 140 day-fines of CHF 30 (total CHF 4,200), suspended. Had his worker work next to the running auger although, contrary to the manual, it had no guard – which he knew. His efforts after the accident do not reduce the sentence.
• Drill operator (employee of the machinery firm): convicted of serious bodily harm by negligence, 90 day-fines of CHF 30 (total CHF 2,700), suspended. Drilled in conditions contrary to the manual's safety rules (unguarded auger, a person close by).

A rotating auger needs the guard the manual specifies – without it, no drilling. No loose clothing near rotating parts.

Source: Tribunal fédéral (arrêt, via OpenCaseLaw) (FR) · 20 minutes (FR) · 20 minutes (FR)