Thursday, February 23, 2023

PRISON SENTENCE FOR EMPLOYER DUE TO FATAL ACCIDENT

 Filenews 23 February 2023



The Famagusta District Court imposed a fine of  €,500 and a 12-month prison sentence with a three-year suspension, on an employer who is active, among other things, in painting work, for violations related to regulations on safety and health at work that resulted in the fatal injury of an employee while endangering other employees and persons.

In an announcement of the Department of Labor Inspection (TEE) of the Ministry of Labor and Social Insurance, it is stated that "the Department promoted the criminal prosecution of an employer who is active, among other things, in painting work, who violated the provisions of the Legislation on Safety and Health at Work".

As a result of the prosecution, "the Famagusta District Court sentenced the employer to a total fine of €2,500 and a prison sentence of 12 months with a three-year suspension for violations of the Safety and Health at Work (Minimum Standards for Temporary or Mobile Construction Sites) Regulations and the Safety and Health at Work Laws that caused the fatal injury of an employee and endangered his employees as well as other persons".

Specifically, the employer "failed to provide and apply a safe working method for the painting works on the 1st floor of a building, as a result of which an employee, who was on the balcony (terrace) of the 1st floor, fell from a height of about 3.30 metres and was fatally injured".

"The employer also failed to determine the preventive and protective measures to be taken, based on a written assessment of the risks existing at work and especially the carrying out of work on painting a two-storey house," it added.

The employer also failed to install "solid railings on the edges of the floor of a balcony (terrace) on the 1st floor of a building with a sufficient height, at least 1.10 metres from the floor, having a rail or other obstacle to the floor level at least 0.15 metres high, a handrail and a horizontal element so that the distance between a shield or other obstacle and a handrail or other horizontal element does not exceed 0.45 metres or the use of other equivalent means to prevent falling from a height."