A 39-year-old construction worker was buried alive by a mound of earth after dismantling a retaining wall. The victim succumbed to his injuries. The representative of the public prosecutor's office demanded a fine and a (potentially suspended) prison sentence for the manager as well as a fine for a foreman and the company.
The representative argued that the sentence for the manager should be deterring one because the latter had allegedly tried to shift all blame onto the foreman. He also explained that the construction site had already been closed by the ITM Inspectorate of Labour and Mines due to obvious dysfunctions. The gravity of the situation led him to demand a 6-month prison sentence (possibly suspended) and a €10,000 for the manager of the firm as well as a €40,000 fine for the company. The foreman should also be fined, he argued, adding that he would let the court decide about the amount of the fine.
He explained that the firm had not conducted a detailed analysis of the ground and therefore erected a faulty retaining wall. The risks were never evaluated, he stressed. The manager and the firm should be held responsible for the incident as they failed to guarantee the safety of their workers, he concluded.
The worker who was fatally injured had never received the required training in dismantling retaining walls and the foreman failed to take preventive measures. At the same time, there is evidence that the municipality of Luxembourg City pressured the firm into dismantling the wall.
The verdict will be rendered on 27 February.
