- The District Court has in their verdict considered the affected workers to be hired labour by Nordkalk and that Nordkalk therefore had the occupational safety liability for the workers at the time of the accident. This is a false interpretation as it was a case of contractor relationship, which is of great importance regarding the liability issue. Based on this, there are grounds for an appeal, says solicitor Robert Lakatos, Kilpatrick Townsend & Stockton.
The question of liability is complicated as there were many companies involved. All the companies have occupational safety liability towards their personnel. In this case, the injured were employed by Nordkalk’s contractors Empower and Luleå Industrimontage. It was clear to all involved at the time of the accident that it was a matter of contractor relationship and this was also the conclusion of the investigation by the Swedish Work Environment Authority.
As the work relationship of orderer-contractor is very common, not just at Nordkalk but within the entire industry, this is an important issue of principle. In order for a company to be able to give a job to a contractor or outsource parts of its activities, the rules concerning the division of liability between the orderer and the contractor need to be clarified. For this reason it is important that the issue is addressed and thoroughly tried.
- With this appeal, we hope that we can contribute to a clearer practice or rules on how the responsibilities between an orderer of work and a contractor is to be. It is an important step in improving the working environment and reducing accidents in many work places, says Eva Feldt, Communications Manager in Nordkalk Scandinavia.
Nordkalk will explicate the grounds for the appeal to the Court of Appeal later.
Communications Manager, Nordkalk Scandinavia
Eva Feldt +46 (0)10-4762664, +46(0)739-201086
Nordkalk is the leading company providing limestone-based products and solutions in Northern Europe. We deliver essential raw material to numerous industries such as the pulp, paper, metals, mining, construction and chemicals industry. Our solutions contribute to clean air and water as well as the productivity of agricultural land.
With production in more than 20 locations around the Baltic Sea and in Central Europe, we are always near our customers. The company employs 970 people, and in 2015 it had a turnover of EUR 311 million. Nordkalk is a wholly owned subsidiary of Finnish Rettig Group.
Nordkalk is the leading limestone company in Northern Europe. We deliver essential raw materials to numerous industries, and our solutions contribute to clean air and water as well as productivity of agricultural land.