Exclusive responsibility
The 9th Panel of the TRT of the 2nd Region recognized the exclusive subjective liability of employers in the accident of a worker who died on the job.
Freepik
The man, who was working to collect waste and cut grass on the highway shoulder, fell from a height of 27 meters from a viaduct while crossing it to meet a team made up of other employees. The decision reforms the first degree sentence, which had considered concurrent guilt.
The company’s thesis was that the employee had undergone training and used personal protective equipment (PPE) regularly. With these arguments, the company requested, also on appeal, that the worker’s exclusive fault be recognized.
According to judge-rapporteur Bianca Bastos, the issue of training and the use of PPE are not relevant to the case, as the cause of the accident was the maintenance of a dangerous work environment without supervision or direct guidance.
From the elements in the case, the rapporteur concluded that the viaduct crossing was carried out without adequate signage of areas for employees to circulate, as provided for by the National Traffic Council standard.
The agency’s Resolution 937/2022 determines that places with vehicle traffic used for works must have fixed or mobile elements that alert drivers or channel traffic to protect workers.
With the decision, the defendants must pay R$200,000 in compensation for moral damages to the deceased’s two children, in addition to amounts related to material damages. With information from the TRT-2 press office.
Process 1002139-96.2017.5.02.0464
