Published On: Mon, Feb 15th, 2016

OM: Company fined 60,000 guilders after explosion Asphalt Lake Recovery

Public ProsecutionWILLEMSTAD – An explosion took place on March 13, 2013 around 18:15 at the Asphalt Lake Recovery Inc. (ALR). Two employees lost their lives and three others were seriously injured. The Curaçao Public Prosecution (OM) launched an investigation with the assistance of the Curaçao Police Corps (KPC). The Inspectorate Occupational Safety also launched an investigation into the accident.

Based on both investigations, the Public Prosecutor considered that there was no arson or reckless fault, but that it is also due to the ALR’s fault that there was a fire and/or explosion, while this fact had resulted in someone’s death, which is punishable. The maximum fine for a corporation for this fact is FL. 100,000.-.

The Prosecution has then decided to enter into a transaction of FL. 60,000 in this case with ALR, and thus refrain from further criminal prosecution. The main reason not to apply the maximum penalty is that ALR has done much to improve safety in the company.

A follow up investigation conducted by the Inspectorate Occupational Safety in 2015 at the request of the Prosecution has shown that ALR not only complied with all the recommendations that came from the investigation following the accident, but also additionally, made costly investments in order to increase safety.

Another important reason was that ALR, as a result of the accident, had suffered financial loss, partly due to the necessary long-term closure of the company after the accident.

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