It is almost eleven years ago that a 27-year-old man from Tilburg died after he inhaled and fell toxic gas at work in a sewer tube. His employer Helma Cleaning Company in Goirle initially had to pay a fine of 80,000 euros. The court in Breda decided that five years ago. The Court of Appeal in Den Bosch decided on Friday on appeal that the company only needs to pay 4,000 euros because there is no significant debt.
It was December 9, 2014 when the Tilburger had to clean a sewerage tube at the Oisterwijksedreef in Haaren. The man climbed a four -meter well without the required safety harness, a red line, gas mask and gas detection meter. When he was ready, he climbed the ladder up again. And then it went terribly wrong. He fell back into the sewer. Soon the fire brigade arrived, but the man turned out to have died when she took him out of the sewer.
During his work in the sewer, the victim had inhaled the toxic gas hydrogen sulide. It is not certain that the man died because of this poisonous gas. In any case, the Public Prosecution Service and the judge were of the opinion that the cleaning company was negligent. They should have prepared the man better for his work and moreover there was too little supervision.
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Now, five years after the court case, the Court of Appeal ruled that the company has informed the victim of the risks. The man and his colleague had no safety items with that day, but they could have picked up the things themselves. Employees have access to the company every time of the day. The Court also says that the victim knew that he was not allowed to enter the sewer without the required safety items.
All in all, the Court finds a fine of 5,000 euros appropriate. There is still 1,000 euros picked up because the entire process has lasted so long.