NBLO Successfully Defends Bulgarian Recycling Company in Workplace Accident Case
1 August 2025Background
Over the course of three years, New Balkans Law Office provided legal representation to a Bulgarian company operating a recycling facility, following a tragic fatal accident that occurred on the factory floor. The incident led to multiple administrative court proceedings, initiated by the Labour Protection Directorate, which alleged that the company had failed to comply with occupational health and safety regulations.
Beyond the potential financial sanctions, the case posed serious operational risks to our client. A finding of liability would have affected the company’s eligibility to employ third-country nationals—a key component of its workforce—and could have significantly disrupted its ability to continue its industrial operations. Given the high stakes, the case required a careful and comprehensive legal strategy that addressed both factual and procedural dimensions.
Allegations
The Labour Protection Directorate issued penal decrees accusing our client of three main breaches of workplace safety rules:
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Technological Risk Management
It was alleged that the company had failed to adequately reduce technological risks by permitting the use of a wheelbarrow in dangerous proximity to a rotating barrel used as part of the recycling process.
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Machinery Operation by Unauthorised Personnel
The Directorate claimed that unqualified or unauthorised individuals had been allowed to operate complex and potentially dangerous machinery, in violation of internal rules and national safety standards.
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Lack of Emergency Stop Mechanism
The final accusation was that the machinery in question lacked an appropriate emergency stop function, which could have potentially prevented or limited the harm caused in the fatal incident.
Our Defence Strategy
Our legal team responded comprehensively to each of the above allegations, presenting robust factual, technical, and legal arguments that ultimately persuaded the courts.
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On the Issue of Technological Risk
We argued that the risks described were inherent to the specific technological process involved in the recycling activity. We provided expert evidence and technical documentation to show that the proximity of certain tools and equipment was dictated by the process design and that any further separation would render the process inefficient and operationally unfeasible.
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On the Question of Authorised Personnel
We demonstrated that all individuals operating machinery had undergone the required training and held proper certification. Nonetheless, the incident occurred due to the independent actions of two employees—one of whom was the deceased—who knowingly breached their safety instructions and ignored established internal procedures. These actions were clearly outside the scope of their training and were not endorsed or permitted by the employer.
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On the Presence of an Emergency Stop Mechanism
We proved that the machinery was in fact equipped with a start-stop button which acted as an immediate shutdown mechanism. Technical assessments confirmed that this button functioned in a manner equivalent to an emergency stop, fulfilling the legal and regulatory requirements. This undermined the claim that the company had failed to ensure adequate emergency preparedness.
Procedural Violations and Due Process Concerns
In parallel with our substantive defence, we identified and challenged numerous procedural irregularities in the conduct of the administrative proceedings. Specifically, the penal decrees had been issued without following proper evidentiary procedures, and key findings lacked adequate legal reasoning and documentation.
Moreover, throughout the litigation process, the first-instance court repeatedly committed procedural breaches that compromised the fairness of the proceedings. On multiple occasions, we had to appeal to the higher court, which reviewed and annulled these flawed decisions, remanding the cases for rehearing in accordance with proper judicial standards.
This procedural back-and-forth significantly prolonged the timeline of the litigation but also allowed us to ensure that our client’s rights were fully respected throughout the judicial process.
Favourable Outcome
After a prolonged and technically complex legal battle, all three cases were resolved in favour of our client. The final rulings included:
- A full dismissal of the charges in two of the cases;
- A substantial reduction of the imposed sanction in the third case, lowering the fine to the statutory minimum based on mitigating factors and lack of prior violations.
These outcomes allowed our client to maintain its operational integrity, preserve its workforce structure—including continued reliance on foreign labour—and avoid reputational damage within the industry and the broader business community.
Impact and Broader Implications
This case underscores the importance of a proactive legal defence when facing complex administrative litigation in the context of industrial safety. Our successful handling of the matter not only protected the immediate interests of our client but also set a precedent for how such cases might be approached in the future.
The judgment also highlights the value of ensuring compliance systems are not only implemented in practice but well-documented and regularly updated, as this can play a crucial role in litigation defence.
Our Expertise in Workplace Safety Litigation
At NBLO, we offer extensive experience in employment law, regulatory compliance, and administrative litigation. We have advised and defended numerous clients across various sectors facing complex employment and workplace safety issues, including fatal accidents and high-risk investigations.
If your organisation is dealing with similar challenges or if you would like to review or enhance your compliance procedures, we encourage you to contact us for strategic, practical, and responsive legal support. Please do not hesitate to contact us at sofia@newbalkanslawoffice.com or via our Contact Form