It confirms the ruling of the Social Court and maintains the 40% surcharge for the lack of adequate preventive measures in the cleaning of a railway station.

The appeal 3874/2024 filed by the company against the ruling of the Social Court no.

Don Humberto I worked as a cleaner interim for a cleaning company, providing services at a station. He had only been in his position for a few days. On the day of the accident he was part of a three-person brigade, with the most experienced laborer acting as coordinator. Due to the lack of approved stairs (they only had one), the coordinator requested the key to the security room to use a staircase that was there. The worker, acting alone and receiving telephone instructions from the coordinator, used said ladder to clean a clock that was two meters high.The ladder gave way, causing him to fall, fractures in both wrists and a cut on his eyebrow..

In November 2021, the company conducted a risk assessment (post-accident), qualifying as “tolerable” the risk of falling at different levels when cleaning stations. In the annex, it was warned about the limited use of manual ladders, restricting it to exceptional situations and under consultation with the manager.

The company developed a accident investigation report, concluding that a inadequate ladder and without support from another worker. In addition, it was noted that the worker did not realize that there was an unevenness on the platform.The Labor Inspection confirmed that the accident was due to the use of an inappropriate ladder, without auxiliary means or support, violating RD 1215/1997 (article 3 and Annex 2, point 4.2). He added that the company did not expressly prohibit cleaning the clock and that the worker used the stairs in the security room due to the lack of other resources.

On October 20, 2020, the worker requested the INSS for a benefit surcharge. On August 19, 2022, the INSS issued a resolution declaring corporate responsibility, imposing a 40% surcharge on benefits derived from the accident, with effect from July 21, 2020.

The Labor Inspection imposed an administrative penalty of 6,500 euros to the company, confirmed on March 11, 2023 after dismissing the appeal. The company filed a lawsuit on May 8, 2023 against said resolution.

As a result of the work accident,The worker was temporarily disabled from July 21, 2020 to July 19, 2021, date on which the permanent disability file began, which was resolved in March 2022 with the recognition of a permanent disability at a total level.

The ruling of the Social Court dismissed the business lawsuit and confirmed the resolution of the INSS. The company appealed, an appeal that was challenged by the worker, requesting its dismissal and full confirmation of the contested resolution.

The Superior Court of Justice of Catalonia, in resolving the appeal, rejects the company's arguments and fully confirms the appealed ruling. In its resolution, the Court emphasizes that the company failed to comply with basic obligations regarding occupational risk prevention, specifically those related to the use of safe and appropriate work equipment for the tasks assigned,the employer's duty to protect as established in doctrine and art. 14 of the PRL Law. Highlights the lack of safety and hygiene measures at work to carry out cleaning of the clock in height, as well as the lack of direct supervision and of organizational measures that prevent the worker from acting alone. Furthermore, the Court rejects that there was reckless imprudence on the part of the worker without experience and training in the matter, having acted due to the lack of resources provided by the company. All documentation related to training had been signed after the accident, without its content having been accredited.

For all this, it confirms the origin of the 40% surcharge on benefits, also imposing the costs of the appeal on the business side.