Por Redaccion 
Three defendants have formally admitted their responsibility in a work accident that occurred at a company in Gozón in September 2022, resulting in the death of a worker trapped in a machine, as the Prosecutor’s Office of the Principality of Asturias, Territorial Section of Avilés, claimed. The hearing to ratify the defendants’ agreement took place this Wednesday at the Court of Penal Number 2 in Avilés.
On September 16, 2022, the victim (1974), with the rank of second officer, was assigned to the production operator position, specializing in plastic transformation and manipulation at a company in Gozón. The production section supervisor was the defendant AAA, who, along with the victim and another worker, operated a vacuum thermoforming machine, making changes to tooling and adjusting molds to shape plastic sheets.
The deceased was performing a mold change in the thermoforming machine around 8:10 p.m. Unable to adjust a fastening or guide mechanism, he accessed the machine by climbing a step ladder and inserted his body between the moving upper frame and the fixed upper frame; due to his physical build, being over 1.80 meters tall and robust, he could not access through another way.
At that moment, an air hose from the pneumatic circuit came loose, causing the air to escape, making the machine vibrate and activate, raising the upper moving frame to its final position. The victim was trapped. As a result of these events, he died from a cranioencephalic trauma due to cranial crushing. He had not received the necessary information and training to carry out this activity. He had been given a generic two-hour course on occupational hazard prevention and another undetermined duration course on the use of different machines.
The machine did not have an instruction manual, nor had the company prepared a usage manual, so the deceased did not have a safe work procedure to carry out his usual activity in using the thermoformer or to correct any deficiencies that might arise.
The machine was not certified despite the deadline for compliance with Royal Decree 1215/97 having passed, and subsequent interventions had been carried out on it that did not ensure the safety of the workers.
The defendant BBB was the company’s manager and the ultimate responsible for ensuring the safety of the workers, and should have taken the necessary steps for the machine’s certification, for its deactivation until certified, and for implementing a safe work procedure when operating the equipment. In any case, he was aware of the need for certification.
The defendant CCC was in charge of the technical office and safety at the company, serving as a liaison with the external prevention service. She supervised the training given to the victim. Additionally, knowing the need for machine certification and the need to implement a safe work procedure when operating the equipment, she did not take the necessary steps for that purpose.
The defendants BBB and CCC were responsible for resolving incidents in the absence of the production supervisor. However, there was no one with that role during the afternoon shift, which ran from 2:00 p.m. to 10:00 p.m. Defendant BBB was the production supervisor, responsible for developing a safe work procedure, familiar with the thermoforming machine’s operation, and could have implemented safety measures on it. The deceased’s heirs have already been compensated by the insurance company.
SENTENCES
After admitting the facts, the defendants accepted the following sentences: defendant AAA: for the offense against the life and health of workers, 8 months in prison, special disqualification from the right to passive suffrage for the duration of the sentence, and a fine of 9 months, with a daily fee of 6 euros and personal liability in case of non-payment. For the offense of manslaughter by gross negligence, 15 months in prison and special disqualification from the right to passive suffrage for the duration of the sentence.
Defendant BBB: for the offense against the life and health of workers, 8 months in prison, special disqualification from the right to passive suffrage for the duration of the sentence, and a fine of 9 months with a daily fee of 8 euros, with personal liability in case of non-payment. For the offense of manslaughter by gross negligence, 15 months in prison and special disqualification from the right to passive suffrage for the duration of the sentence.
Defendant CCC: for the offense against the life and health of workers, 8 months in prison, special disqualification from the right to passive suffrage for the duration of the sentence, and a fine of 9 months, with a daily fee of 6 euros and personal liability in case of non-payment. For the offense of manslaughter by gross negligence, 15 months in prison and special disqualification from the right to passive suffrage for the duration of the sentence.
The Prosecutor does not oppose the suspension of the defendants’ prison sentences, considering that the requirements and conditions for it are met, conditioned, for a period of 2 years, on not committing any criminal offense and paying the civil liability.