european-union croatia
Liability for workplace accident
<p>Can a person without a degree to sign off engineering projects be liable for damage or accidents caused by them?</p>
<p>If during my employment I, an engineer not qualified in the specific area I'm working in, design a product that doesn't follow all the safety procedures, like a press without two handed controlls or a high platform without any guard rails, can I be liable?</p>
<p>Is there a difference if the employer asked for the unsafe product and insisted even after being warned? What about if they agreed to safety but started using it before safety is installed?</p>

<p>There are several related, but not equivalent aspects to consider here:</p>
<ol>
<li><strong>Liability of the company towards its customers.</strong>
First off, the company selling the product is bound by several European directives and the corresponding local laws about product safety, namely <a href="https://de.wikipedia.org/wiki/Richtlinie_2001/95/EG_%C3%BCber_die_allgemeine_Produktsicherheit" rel="nofollow noreferrer">2001/95/EG</a>. The company, as a whole, has to stand in, when a product they produce and sell hurts someone.</li>
<li><strong>Workplace safety</strong>
Local laws differ, but generally, the company is responsible for the safety of its employees. They have to pay for any injuries an employee suffers. If the company bosses told you to operate a machine that is not safe (or gave you insufficient instructions on how to operate it safely), they may even be criminally liable. This of course implies that the employee has used the machinery to the best of his knowledge. Careless or negligent disabling of security measures or ignoring orders (e.g. to wear a hard hat) will reduce the liability of the company.</li>
<li><strong>Liability of the employee for his work</strong>
<a href="https://www.haufe.de/arbeitsschutz/arbeitsschutz-office-professional/verantwortung-im-arbeitsschutz-arbeitnehmer_idesk_PI13633_HI2924385.html" rel="nofollow noreferrer">Here</a>, it says (for Germany, but I'm quite sure similar rules exist EU-wide):</li>
</ol>
<blockquote>
<p>Nach § 15 Abs. 1 ArbSchG sind die Beschäftigten verpflichtet, nach ihren Möglichkeiten sowie gemäß der Unterweisung und Weisung des Arbeitgebers für ihre Sicherheit und Gesundheit bei der Arbeit zu sorgen. Gemäß Satz 1 müssen die Beschäftigten auch für die Sicherheit der Personen sorgen, die von ihren Handlungen oder Unterlassungen bei der Arbeit betroffen sind.</p>
</blockquote>
<blockquote>
<p>According to [...], the employees are liable to care for their safety and health according to the instructions and order of the employer and according to their capabilities. The employees also have to care for the persons that depend on their acting or non-acting.</p>
</blockquote>
<p>You, as an engineer, are expected to be able to judge the (un)safety of the product you design. Not knowing the relevant regulations is not an excuse, as you might look for them or ask someone competent in regulations to provide that for you.</p>
<p>If you are in the bad situation that your management/boss is asking you to hand off a product before you are sure it meets the required standards, I don't really know what the best way forward would be. Probably clearly document that you informed your boss that you have security concerns. And then start searching for a new company...</p>
