The Criminal Court number 1 of Arrecife has sentenced four defendants to nine months in prison for the fatal accident that occurred when a crane collapsed at the Siglo XXI building in Arrecife in 2009, in which two operators died: Felipe Pérez Carral, 39, and Víctor Manuel Angulo, 36. The defendants acknowledged the facts and accepted a settlement agreement with the Prosecutor's Office and the private prosecutions, under which they have also been imposed compensation of 555,731 euros in a sentence that is already final.
The fatal accident occurred at approximately 8:50 a.m. on November 2, 2009, when the two operators were in the basket of a lifting machine "at an approximate distance of 20 meters from the ground". At one point, according to the sentence, "the two wheels closest to the building under construction began to rise, unbalancing the machine" and "the telescopic arm carrying the workers fell", who were "thrown a considerable distance" and "impacted against the ground", causing their death.
According to the ruling, at the time of the machine's fall, "the workers were not wearing regulatory clothing (overalls or clothing from their respective companies), also lacking helmets, fall arrest harnesses and boots, nor is it recorded that they had been made available to them in any way." In addition, it is considered proven that the deceased "had not received any information on occupational risk prevention, either in general or, much less, regarding the specific risks of handling and using a lifting machine like the one they were using at that time."
The elevator was located on "an unevenness"
In addition, the crane was located in an area where there was "an unevenness", a circumstance "that absolutely discouraged its use due to the certain and real possibility of overturning", which is also pointed out that it was accentuated "as a consequence of the prevailing atmospheric conditions at that time", since that day there were winds of "between 31 and 39 kilometers per hour, without ruling out higher gusts", since "the manufacturer prohibits its use in wind conditions exceeding 45 kilometers per hour."
As a result of the fall, the lifting arm was crossed on Manolo Millares street, also causing the collision of a vehicle, in which it caused damages assessed at 5,196 euros. In addition, its driver suffered injuries, although "only required first aid" healthcare. Similarly, the machine hit another car, causing damage assessed at 588.26 euros.
The convicted, one by one
One of the convicted has been Graciano Cañizares Rodríguez, who in 2009 was the sole administrator and manager of the entity Rosateguise S.L, an entity dedicated to the construction sector, contractor in the work and employer of one of the deceased, "who had not provided the training and information essential for the performance of his activity or adopted the necessary precautions for the correct use of the damaged machine."
The second of the convicted is Octavio Hernández Sánchez, who performed "the function of safety and health coordinator on the work", without there being, however, "any control on his part regarding the capabilities of the deceased operators to handle the lifting machine, nor had any instruction or prohibition been given in this regard, allowing the realization of any of the risks or prepared by him or by the director of the work and also accused José Alberto Lorente Ibáñez, the appropriate study of the same and the work procedure to be followed."
In the case of José Alberto Lorente Ibáñez, it is stated that he acted as the construction manager "on behalf of the developer Masar S.L., who for some months had assumed the completion of the building", making "inspection visits with a frequency that could range between a week and three weeks, who, with knowledge of the performance of the cleaning tasks of crystals and profiles that were going to be developed in the work under his charge, consisted of these without making sure of the way and form in which they were going to be undertaken, and without establishing a security protocol or safe work procedure for its realization, as would be done in dates after the accident."
As for the fourth convicted is Manuel Álvarez Fernández Vila Quiñoa, who was administrator and manager of Metalúrgicas y Seguridad Álvarez, the other company that assumed the execution of the work together with Rosateguise S.L., "who did not make sure of the capabilities or knowledge of the worker Víctor Manuel Angulo Niño, nor did he proceed to his training in the position to be performed or give him instruction of any kind about the risks and dangers of the activity or task that was entrusted to him, in addition to allowing his presence in the work and manner of the lifting machine without having proceeded to his registration in Social Security."
Specifically, the Criminal Court number 1 of Arrecife considers that the four defendants are responsible for a crime against the rights of workers in competition with two crimes of reckless homicide establishing a penalty for each of the two crimes of four months and 15 days in prison, in addition to compensation for a total of 555,731.06 euros. In the imposition of the penalty, as indicated in the sentence, the mitigating circumstance of undue delays has been applied, since it is pointed out that there have been delays during the instruction and in the intermediate phase "not attributable to the co-defendants" for periods of "up to 18 months."
