The Public Prosecution Service (OM) demands a fine of 150,000 euros, of which 30,000 euros is conditional with a probation period of three years, against a waste company from Limburg following a fatal work accident in May 2023. A 58-year-old employee was run over by a shovel on the companys premises. Shortly thereafter, he died. According to the OM, the employer has seriously failed to ensure a safe workplace.
The fatal work accident occurred in the morning of May 19, 2023. The victim was on his way to an office for a break when he was run over by a shovel with a bucket.
Drivers visibility severely obstructed
Investigations by the Labor Inspectorate have shown that at the time of the accident, the working conditions on the site did not meet legal requirements. For instance, clear walking routes, markings, traffic signs, and other provisions necessary for a safe separation between pedestrians and moving equipment were missing. There was also insufficient supervision of the safe use of work equipment, such as the shovel, whose bucket was not adjusted to the correct height. This severely obstructed the drivers visibility.
The risk of collision was known and noted in the companys risk inventory and evaluation, but concrete measures to mitigate these risks were not taken. Only after the fatal incident did the company take steps to improve the situation. However, after a re-inspection in March 2024, it was found that the site was still not fully adjusted, and new serious violations were observed. This led to a preventive suspension of operations in those areas.
Deep scars on survivors
The OM has explicitly mentioned the importance of the survivors in this case. They wanted the company to be held criminally accountable. “The fatal accident leaves deep scars on the wife and two children of the deceased victim,” said the public prosecutor during the hearing.
Penalty demand
The public prosecutor demanded a fine of 150,000 euros, of which € 30,000 is conditional, with a probation period of three years against the company for violating the Working Conditions Act and manslaughter. These are serious criminal offenses. In addition, the company has taken too little responsibility for structurally improving working conditions after the accident. Besides the fine, the public prosecutor also demands a conditional partial suspension of six months with a probation period of three years. This means that the company may not allow transport movements by mobile work equipment with its own drive on the company premises of the waste company, unless the accused meets the set conditions. This includes clearer and stricter safety measures for these activities and full cooperation with inspections by the Labor Inspectorate.