We successfully represented a Finnish construction management consultancy and a safety coordinator employed by the company in criminal proceedings concerning an alleged occupational safety and health offence. The prosecutor sought a penalty for an alleged breach of occupational safety regulations.
The charge arose from a fall accident at a construction site where our client acted as the safety coordinator appointed by the developer.
We assessed the scope of the safety coordinator’s duties in relation to the responsibilities of the main contractor, as well as how our client had fulfilled their obligations in practice. We demonstrated that our client had acted with due care and in full compliance with their duties throughout the planning, preparation and execution of the construction project.
The District Court of Eastern Uusimaa dismissed the charge against our client. The Court held that our client, in their capacity as safety coordinator, had duly fulfilled the occupational safety obligations incumbent on the developer during the planning and preparation phases of the construction project and had not been aware of the fall protection deficiency identified at the site.
The judgment is final insofar as our client is concerned.