by On May 14, 2020, the higher people’s Court of Guangdong Province issued ten typical cases involving high-altitude throwing and falling objects.
The cases cover three types: criminal, civil and administrative, which reflects that courts at all levels give full play to the punishment, standardization and prevention functions of judicial trial, lead good social customs and earnestly safeguard the “safety above the head” of the people.
A Guangdong elevator installation company and others sued Foshan Shunde Safety Supervision Bureau for administrative punishment dispute: the construction unit and manager failed to fulfill their safety management responsibilities and should be subject to administrative punishment.
On the morning of January 7, 2017, Deng, a construction worker of an elevator installation company in Guangdong (hereinafter referred to as the elevator company), carried out elevator installation construction in the shaft on the lower floor of building 13, Wanke Jinyu Binjiang Plaza.
When Deng was preparing to install the car wall, he was hit by the cement prefabricated parts falling from high altitude and fell to the ground bleeding.
The rescue was ineffective and died on the spot.
On January 19, 2018, Foshan Shunde Safety Supervision Bureau (hereinafter referred to as the Safety Supervision Bureau) determined that the elevator company, as a production and business unit, failed to fulfill its safety management responsibilities and violated the provisions of Article 41 of the safety production law, and imposed an administrative penalty of RMB 210000 on the elevator company; At the same time, Zhang, the regional manager of the elevator company, was found to have failed to fulfill the safety management responsibilities of the main person in charge, violated the provisions of items 3 and 5 of Article 18 of the work safety law, and Zhang was fined 10000 yuan.
Both the elevator company and Zhang refused to accept it and appealed to the court.
Foshan Shunde District Court held that the facts identified in the administrative punishment decision made by the Safety Supervision Bureau against the elevator company and Zhang are clear, the evidence is sufficient, the procedure is legal, the applicable law is correct and the punishment is appropriate, which should be supported.
The elevator company and Mr.
Zhang’s request to revoke their respective administrative punishment decision has no factual and legal basis, is not supported, and should be rejected.
On July 6, 2018, the court ruled to reject the litigation claims of elevator company and Zhang respectively.
Foshan intermediate people’s Court upheld the original judgment in the second instance.
The court said that in this case, the elevator company did not implement the safety production measures in place, did not carry out sufficient safety education and training for the construction personnel in advance, and did not guide and urge the construction personnel to check the hidden dangers before installation according to the correct construction steps, The elevator company and Zhang, the main person in charge, shall bear corresponding legal responsibilities for the safety accidents in which the construction personnel die due to falling cement parts from high altitude.
In this case, the court supported the administrative organ to exercise the punishment authority according to law for the omissions and potential risks of preventing high-altitude parabolic and falling objects in relevant units, which demonstrated the distinct attitude of the people’s court to actively urge and promote relevant units to improve their measures to prevent high-altitude parabolic and falling objects.
Lift official account: Yang Li source: WeChat public number of Guangdong Higher People’s court PS: safety training, safety awareness is very important, safety can go home, elevator people should pay attention to safety first, caution! PS: the cover picture has nothing to do with this article.
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