Criminal lawyer industrial accidents
Are you or is your company the subject of a criminal investigation into a workplace accident? Then it is important that you contact an expert lawyer as soon as possible. Van Meekren Advocatuur can assist you with this. The earlier we are involved in the investigation, the more we can do.
Industrial accidents and criminal law
In your business, an accident might lead to serious consequences: an employee might handle a saw machine carelessly, a fire might start in an area where hazardous materials are also stored, or goods might fall off a forklift and hit someone. All are examples of workplace accidents.
Safety in the workplace is primarily guaranteed by the Working Conditions Act (Arbowet). If things go really wrong, then criminal law may be around the corner. Serious industrial accidents are regularly prosecuted for causing death through negligence and/or violation of article 32 of the Working Conditions Act.
Operating procedure for industrial accidents
It is in your best interest to have proper legal assistance at the earliest possible stage. Where possible, we can prevent the use of criminal law. Where it is unavoidable, we can ensure that the proceedings are fair. Legal assistance at an early stage may include, for example:
advise on whether you have a duty to cooperate under Art. 5:20 Awb or, on the contrary, do not have to cooperate with your own prosecution under criminal law;
Advise on a press strategy;
anticipate negotiating a transaction proposal, such as conducting (or having conducted) an investigation into the cause of the accident and implementing improvements in operations;
prepare you and - under circumstances - also your employers for possible interrogations;
Preventing business inventory from being seized and/or litigating to have such seizures lifted.
At a later stage of the proceedings, Van Meekren Advocatuur can conduct negotiations with the prosecution on your behalf and assist you or your company in court.
This does not mean that fines (or worse) can be avoided in all cases. However, it does assure you that you are doing everything possible to achieve the best result for your company, without losing sight of the interests of the other stakeholders. If necessary, we work with experts within your field and industry so that you are well prepared.
Learn more about workplace accidents
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The basis for criminal prosecution will vary from case to case. Causing an industrial accident as such is not criminalized. Fatal industrial accidents are prosecuted with some frequency as causing death through negligence or as a violation of section 32 of the Occupational Health and Safety Act. An example of such a case can be found here read.
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In addition to those who were directly involved in an accident, the company itself (as a legal entity) may also be held criminally liable. Under circumstances, this also applies to principals and/or actual directors. These are usually managers and/or the DGA.
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Some provisions of the Working Conditions Act can be enforced under both administrative and criminal law, including Section 32 of the Working Conditions Act. According to the Instructions for Enforcement of Working Conditions Act and Working Hours Act, a criminal investigation is always appropriate in the case of occupational accidents resulting in death. A criminal investigation is also appropriate if, following a report of an occupational accident, (high-)risky (working) conditions are found that could seriously harm the health of employees and/or result in death.
It is not always clear whether the investigation is being conducted from a criminal or administrative law perspective. However, this may be important for your rights and obligations. In a criminal investigation, the suspect in principle has the right not to cooperate in his own prosecution (the nemo tenetur principle). In an administrative investigation, on the other hand, there is an obligation to cooperate (art. 5:20 General Administrative Law Act). Partly for this reason, it is important to seek legal assistance at an early stage.
Criminal investigated industrial accidents do not all go to trial. With some regularity, such cases are settled out of court, for example through a punitive settlement or a transaction. Much can depend on negotiations with the prosecution - which is another reason why it is important that you are provided with good legal assistance. Possible points of negotiation include:
The nature of recognition of criminal liability;
The level of punishment; and
Whether the prosecution publishes a press release and, if so, what its content is.
Click here for an example where a criminal investigated industrial accident was ultimately settled out of court for both the company and its director.
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In each situation, if the judge reaches a conviction, he will have to determine what punishment he deems appropriate and necessary. A standard punishment for an industrial accident cannot be given. However, the law does have maximum penalties.
Causing death through negligence
By a natural person:
Imprisonment 2 years or a fine of the fourth category (as of Jan. 1, 2024: €25,750).By a legal entity:
Fifth-category fine (as of Jan. 1, 2024: €103,000).Art. 32 Occupational Health and Safety Act
The maximum penalties for violating Section 32 of the Occupational Health and Safety Act vary considerably because of the law's distinction between non-intentional and intentional violations.
Not intentional
By a natural person: Imprisonment 1 year or a fine of the fourth category (as of Jan. 1, 2024: €25,750).By a legal entity:
Fifth-category fine (as of Jan. 1, 2024: €103,000).Intentionally
By a natural person: Imprisonment 6 years or a fine of the fifth category (as of Jan. 1, 2024: €103,000).By a legal entity: Fine of the sixth category (€1,030,000) or 10% of annual turnover.
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Looking for a lawyer industrial accidents? Feel free to contact us via the contact form. We generally respond within one business day.
