On January 20, 2023, the employee was performing tasks in the companys warehouse. He was loading a truck with pallets using a forklift. During this work, he was crushed under a heavily loaded pallet and died from his injuries. The Dutch Labor Inspectorate investigated the circumstances of this fatal workplace accident. According to the OM, it has been shown that the employer acted with great blame. The forklift was equipped with an attachment that reduced its lifting capacity significantly. Additionally, the workplace was unsafe as pallets were stacked too high and unstable. The risks of these specific tasks were insufficiently assessed, and the victim was not adequately informed about the tasks and risks. Moreover, the instructions were given in Dutch, a language the victim did not understand. There was also insufficient supervision of compliance with safety instructions, especially since this was the victims first week on the loading department and no supervisor was present that week. The forklift was overloaded, and the victim did not have the required forklift certification, which the employer had mandated, but colleagues thought he had it.
Severity of the case
The OM concludes based on the Labor Inspectorates investigation that the company violated the Working Conditions Act. As a result, a fatality occurred. The company, as the employer, was responsible for the safety of its employees and should have taken appropriate measures to mitigate the risks. During the hearing, the prosecutor emphasized the seriousness of the case: “The defense may argue that the victim should not have stepped off the forklift to manually hold the load. That is true, he should not have done that. But that is not the point. The accused should never have been placed in that situation; that is the essence of this case.”
According to the prosecutor, workplace safety should be an absolute priority for employers. In 2023, there were 2,919 victims involved in an accident, 72 of whom died, including this 36-year-old employee.
Penalty request
The OM requests a fine of 140,000 euros from the company, of which 40,000 euros is conditional with a probation period of three years. Compensation claims have also been filed by the victims family. The company has since taken measures in the warehouse, and pallets are now stacked differently and lower.