THE CIVIL LIABILITY OF THE SAFETY AND HEALTH COORDINATOR IN THE WORK EXECUTION PHASE

In this new installment of the informative Blog on the civil responsibilities of the engineer and the practical application of the coverages granted by the policy subscribed with Adartia and Mapfre, we will focus on the civil liability of the safety and health coordinator in the event of accidents at work in the execution phase of the work.

The coordinator in matters of safety and health during the execution of the work will be understood as the competent technician integrated in the facultative direction, designated by the promoter to carry out the following tasks:

- Coordinate the application of the principles of prevention and safety.

- Coordinate the activities of the work to ensure that contractors, and where appropriate, subcontractors and self-employed workers apply the principles of prevention and safety.

- Approve the health and safety plan prepared by the contractor and, if applicable, the modifications introduced.

- Organize the coordination of activities.

- Coordinate the correct application of working methods.

- Take all necessary measures so that only authorized persons can access the work.

The responsibility assumed by the safety and health coordinator during the execution of the work is very important, and may incur responsibilities in the criminal, civil or administrative field.

In this sense, there are numerous cases in which, after an accident at work, the health and safety coordinator is summoned to testify as an investigator for a crime against the safety of workers. That is why it is vitally important to have good professional liability insurance that covers the consequences of your actions.

1. BACKGROUND

In 2018, our insured was the safety and health coordinator of a construction site in a single-family home. Unfortunately, in November of the same year, a construction worker (bricklayer) suffered a serious accident when a beam fell on his head, which caused him to lose autonomy and need help to do certain tasks. everyday life.

In April 2019, an infringement report was initiated for the alleged commission of a serious administrative infraction in the field of occupational risk prevention; initiating the corresponding sanctioning procedure by the Provincial Inspection of Work and Social Security.

In September 2019, the Territorial Directorate issued a resolution imposing a penalty of € 8,000 on the Construction Company for the commission of a serious administrative infraction in matters of occupational risk prevention; to appreciate as aggravating circumstances of the sanction the gravity of the damages suffered by the injured party by the absence of preventive safety measures. That is to say, the Work Report considered that the responsibility for the accident lies with the Construction Company and the Health and Safety Coordinator, given that the causes of the same were to perform tasks without surveillance, control and direction of person. competent, and employ an unsafe work procedure.

Our insured was summoned by the Court of Instruction to testify as a researcher in February 2020.

2. EVOLUTION

Once Adartia was informed of the facts, Mapfre provided the appropriate legal defense to the insured, and appointed a lawyer as a matter of urgency.

The Company's lawyer understood that the civil liability had to be assumed by the two insurers of the investigated (employer and health and safety coordinator), considering that a possible indemnity should be calculated urgently together with the lawyer. of the other party investigated, so that after the payment of this, the accusation would be withdrawn and the suspension of the criminal procedure would be obtained, since if not, the insured would be led to a trial with high probabilities of be convicted.

Taking into account the considerations of his lawyer, Mapfre proceeded to compensate the injured party in the amount of € 300,000 (for the part attributable to our insured). Thanks to this, the judge issued an order in view that the parties had reached an agreement and the Public Prosecutor's Office did not oppose it; for that reason it was managed to avoid the sentence of the insured.

3. CONCLUSIONS

The situation described highlights several fundamental aspects:

- On the one hand, it is obvious that engineers carry out an activity with a great impact on society, by acting in the role of coordinating Health and Safety. That is why they are especially exposed to receiving claims from third parties that may be affected by their professional performance.

- Many times, the claims that the insured have to deal with reach a very high amount. In addition, many of the cases are prosecuted, which inevitably leads to deep discomfort and concern with the situation.

- In short, we must emphasize the peace of mind of having a policy that safeguards our professional civil liability, as the insurance company protects us and puts at our disposal technical and legal means to proceed with our defense and financial coverage.