Employer Criminal Liability: Analysis of the Recent Supreme Court Ruling
The recent ruling by the Supreme Court of Cassation, Section IV, dated November 6, 2024, no. 40682, has drawn attention to employer criminal liability in the context of workplace accidents. Specifically, members of the board of directors of PAVER COSTRUZIONI were found guilty of manslaughter following the death of a worker struck by a prefabricated slab. This decision not only clarifies criminal responsibilities in work environments but also underscores the importance of adequate safety management and effective control procedures.
The Case and Ascertained Responsibilities
In the case examined, worker D.D. died due to a serious accident that occurred during concrete pouring operations. The Court ascertained that the overturning of the prefabricated slab was due to serious errors in the production and installation phases, with direct responsibility attributed to board members A.A., B.B., and C.C. The latter, by virtue of their positions, had a duty to ensure workplace safety and compliance with regulations.
Criminal liability cannot be confined to a mere position of guarantee but must be linked to an actual lack of controls and safety procedures.
The Objections and the Supreme Court's Response
The appellants contested the ruling, arguing that the conviction was based on positional liability rather than an actual violation of safety regulations. However, the Court confirmed that, despite the existence of delegated functions, criminal liability is not exhausted by a mere formal act but must consider the actual organization and management of safety. It was emphasized how organizational deficiencies and the lack of control procedures played a decisive role in the fatal accident.
- Criminal liability in cases of workplace accidents
- Importance of safety management on construction sites
- Role of delegation in corporate liability
Conclusions
The Supreme Court of Cassation's ruling serves as an important reminder for all employers, highlighting that criminal liability for workplace accidents is a serious and complex matter that cannot be evaded through formal delegations. It is essential for companies to implement effective safety procedures and for top management to assume responsibility for ensuring a safe working environment for all employees. Safety must never be subordinated to economic interests.
