Pinned between excavator and wall: case against foreman stays dropped

26/05/2026 · Bern High Court, Criminal Appeals Chamber · BE · Injured · BK 25 485

What happened The foreman moved the excavator close to a garden wall to let a van pass. A worker then walked through the 70–80 cm gap between machine and wall; as the machine moved off, the dozer blade pinned his leg.

What the court decided The Emmental-Oberaargau prosecutor dropped the case against the foreman (2.10.2025). The High Court dismissed the injured worker’s appeal; he bears costs of CHF 2,200.

Why The court believed the foreman had checked the danger zone before moving and could then look ahead. The worker knew Suva’s rule “enter a machine’s danger zone only with eye contact”, had no task by the wall and had drunk a beer despite a zero-tolerance policy. His conduct was so unusual that it would overshadow any fault by the foreman.

Foreman driving the wheeled excavator: proceedings dropped – Serious, alternatively simple, bodily harm by negligence; breach of the Accident Insurance Act. Checked mirrors and camera for his crew before moving off; no operating error could be proven. He did not have to expect the worker to then step between machine and wall without eye contact.
Injured construction worker: proceedings dropped – Breach of the Accident Insurance Act. Entered the danger zone against instructions; the prosecutor waived punishment as he was himself the one hurt.

Enter a machine’s danger zone only with eye contact and the operator’s OK, even just to slip past. Block off tight gaps between machine and wall or have a banksman watch them.

Source: entscheidsuche.ch (DE)

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