IV Ka 820/19 AI generated

Appeal dismissed; employer held liable for construction accident due to lack of written safety instructions and oral-only training.

Case Number IV Ka 820/19

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2019-09-25

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court dismissed the appeal against the first-instance judgment, upholding the conviction of the employer for a construction accident. The court found that the employer failed to provide written safety instructions and relied solely on oral training, violating statutory obligations. Consequently, the conviction was maintained as the defendant did not meet the burden of proof regarding alternative causes.

Legislator headnote

AI generated

Art. 283 § 1 Kodeks pracy; § 41 ust. 1 pkt 1 Rozporządzenia Ministra Pracy i Polityki Socjalnej z dnia 26 września 1997 r.: The employer is liable for workplace accidents if they fail to provide written safety instructions and ensure employees are formally trained, as oral training alone does not satisfy legal requirements for safety protocols.

Keywords

AI generated

workplace safety liability written safety instructions oral training insufficiency construction accident conviction employer negligence standard

Cited Legislation

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Art. 283 § 1 of the Labour Code of 26 June 1974

Art. 207 § 1 and § 2 ust. 1, ust. 2 of the Labour Code of 26 June 1974

§ 51 ust. 2 of the Regulation of the Minister of Labour and Social Policy of 26 September 1997 on general occupational safety and health rules

§ 61 of the Regulation of the Minister of Infrastructure of 6 February 2003 on occupational safety and health during construction work

Art. 119 of the Code of Civil Procedure

Art. 636 § 1 of the Code of Criminal Procedure

art.4 k.p.k

art. 5 § 2 k.p.k

art. 7 k.p.k

art. 410 k.p.k

Cited Case Law

AI generated

V KK 119/02

AI generated

Court dismisses appeal for lack of standing, requiring a lawyer to file appeals for defendants without counsel.

Court imposed suspended prison sentence for workplace death due to safety violations and ordered defendant to pay state costs.

Appeal dismissed; court upheld conviction for workplace safety violations by company president under Labor Code.

Employer dismissed lawsuit for wrongful termination without notice due to prolonged work incapacity.

Court quashes acquittal for safety officer due to failure to supervise crane operator causing death.

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