The Public Prosecution Service (OM) imposes a fine of 50,000 euros on a transshipment company from Rotterdam. The fine follows a workplace accident in which a 47-year-old employee of the company was killed. The OM believes that the company failed in its responsibility to ensure a safe working environment for the employee and has thereby violated the Working Conditions Act and the related provisions.
Criminal Investigation
On November 1, 2022, the employee was on the pontoon of a floating crane in the Caland Canal. This floating crane was to transfer a load of coal from a sea vessel to a barge. The sea vessel, the pontoon, and the barge were connected by cables. One of the cables broke, and the employee was struck by it. He died that same day in the hospital from his injuries.
Under the authority of the OM, the Dutch Labor Inspectorate (NLA) has launched a criminal investigation into the cause and circumstances of this fatal workplace accident. The investigation shows that the company has violated the Working Conditions Act and the related provisions. Employees were insufficiently informed about the risks of working on the pontoon of a floating crane and (the manner of) connecting steel cables with synthetic stretchers. This indicates that the company has failed in its responsibility to ensure a safe working environment and adequate working resources.
Implemented Improvements
The company has fully cooperated with the investigation and has taken measures following the accident. For instance, the company no longer operates in the Caland Canal and no longer uses synthetic stretchers. The company has established renewed instructions and Life Saving Rules and ensures that presentations on these are actually attended and understood by the employees. Additionally, there is more frequent and structured physical supervision, extra Safety Observation Tours are scheduled, and the various locations of the company audit each other on-site. The company has made agreements with the relatives regarding compensation after the tragic accident.
Due to the companys attitude, the implemented improvements in safety, and the constructive attitude towards the relatives, the OM considers a fine of 50,000 euros to be an appropriate penalty.