The gruesome facts date from the end of April 2015. “The file remained with the investigating judge for a long time. And unacceptably long even at the social inspection,” sighed the labor prosecutor in court. Almost nine years ago, Inter-Beton, which has now been absorbed by CBR, was busy renovating the concrete plant along the Lodewijk de Raetstraat in Lommel.
Around noon the weighbridge became stuck due to overload of gravel. Jurgen Emmers, who had been working at the company since 2009 on an interim contract, was given the task of pulling the gravel onto the conveyor belt. As a result of, among other things, telephone miscommunication, the band started too early. The victim had no chance. The band dragged Emmers along at full speed and the single man became stuck in an aircraft. The victim died immediately.
READ ALSO. Conveyor belt drags Lommel worker to his death at Inter-Beton: 37,000 euros in compensation requested
“Time is money”
Lawyer Bert Partoens explained to Jurgen Emmers’ mother and brother that many things went wrong. “The necessary safety functions were not in operation. Even the emergency switch did not function.” He indicated that there was no emergency stop, but also no shielding of the tire. “Unfortunately, there was also no clear guideline on communication for the band’s start-up. An employee answered the phone. Only he misunderstood that the band could be started and not that he had to get ready. Moreover, that employee did not even have a view of the tire.”
The counselor criticized that the works were carried out quickly and thoughtlessly. “Driven by time pressure, dangerous decisions have been made. Time is money. Time had to be gained. A power plant that does not function does not generate any revenue. The risks have been underestimated due to structural errors. Jurgen Emmers, who came to finish his weekly contract and did the most dirty and dangerous work, had to pay for it with his life.” Partoens requested moral damages of 30,000 euros for the mother, 7,000 euros for the brother and payment of funeral costs.
Avoidable
The labor prosecutor ordered a fine of 7,200 euros for the former managing director. The two other defendants face a fine of 3,600 euros. The trio no longer works for the company. The labor auditor took into account that the file dates from nine years ago and spoke of a failure of the risk plan. “The victim could only rely on his bosses. Like any good employee, he assumed that all safety procedures were prepared and adhered to. That man didn’t make a single mistake. Unacceptable risks have been taken. The death of Jurgen Emmers was certainly avoidable,” he said at the trial last month.
“Where is Inter-Beton?”
The defense opened the umbrella and pointed at each other, but especially at Inter-Beton. “Only it is no longer legally there. So the labor prosecutor decides to prosecute the natural persons. However, Inter-Beton’s responsibility is the common thread in this case. It is not possible to point the finger at anyone individually. No matter how dramatic this is,” lawyer Philip Daeninck spoke for the project leader. Sara Torrekens, lawyer for the managing director, emphasized that her client was far removed from the facts. “This was a company with 32 concrete plants and 700 employees. My client was not directly involved.” Master Jos Jansen also asked for the factory manager to be acquitted and emphasized the man’s limited role in the project hierarchy. “So he cannot bear responsibility.” The judge will deliver the verdict on Monday.
){kind=link}