Lecklé successfully assisted a Finnish industrial company in a trial concerning an occupational safety offence
Occupational safety offence charges and the request for a conditional fine were dismissed
Lecklé successfully assisted a Finnish industrial company and its representatives in a trial concerning an occupational safety offence. Lecklé’s representative in this assignment was Lauri Pyökäri. Based on our arguments, the District Court dismissed the conditional fine claim against the company and the charges against the CEO and Chairman of the Board in their entirety. The board member was not sentenced. The State was ordered to pay in full the legal costs incurred by the company, the CEO and the Chairman of the Board of Directors. The judgment has the force of res judicata.
The prosecutor claimed that the company's CEO, Chairman of the Board of Directors and an ordinary member of the Board of Directors had failed to comply with occupational safety regulations by failing to prevent the employee from entering the danger zone of the work machine and to prevent the unintentional use of the machinery controls, as well as to investigate the hazards and assess their significance, as a result of which the employee had been seriously injured.
Merely having a formal position as the company's CEO and board member did not constitute responsibility for the company's occupational safety. The employee's injury was not considered a consequence of deficiencies in occupational safety. A member of the Board of Directors was not sentenced for deficiencies in investigating the hazards and assessing their significance, which were considered minor.
Although the company's directors are strictly responsible for anticipating occupational safety risks, planning measures and preventing hazards, the directors and the company are not automatically criminally liable for serious accidents at work.
Each year, Lecklé's disputes team successfully participates in dozens of legal proceedings, both in ordinary courts and arbitration proceedings as well as in the Market Court.
Lecklé employs a number of licensed litigation lawyers who are happy to assess the background to your disagreement and possible ways forward.
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