Criminal Liability and Workplace Accidents: The Cassation Court's Ruling on Tortella Srl

The recent ruling no. 22586 of the Court of Cassation, issued on June 5, 2024, offers significant insights into the criminal liability of employers in cases of workplace accidents. Specifically, the case concerns the company Tortella Srl, which was convicted for failing to provide adequate training to its employees on the use of a forklift, resulting in an accident involving worker B.B.

The Context of the Ruling

The Court of Chieti had previously convicted the legal representative of Tortella Srl for negligent injury, highlighting how the lack of training had caused the incident. The Court of Appeal upheld the entity's liability, establishing that the violation of workplace safety regulations, specifically Legislative Decree 81/2008, carries serious consequences for employers.

Worker training and information cannot be substituted by their prior experience.

The Court's Arguments

The Court emphasized that, despite Tortella Srl's claim that it was not obligated to train workers on the specific use of the forklift at the time of the accident, the prevailing legislation still required general training. The Court clarified that the absence of refresher courses since 2001 contributed to establishing a systemic liability of the entity, making it evident that this omission resulted in cost savings at the expense of worker safety.

Implications for Employers

The implications of the ruling are significant for all employers. It is crucial to ensure adequate and continuous training for workers, particularly for the use of potentially dangerous machinery. In summary, companies must:

• Implement regular and updated training programs.
• Ensure that workers are informed about the risks associated with the equipment they use.
• Respond proactively to workplace safety regulations.

Conclusion

The Court of Cassation's ruling serves as a warning to companies: non-compliance with safety regulations can lead to significant criminal consequences. It is therefore crucial for employers to understand the importance of training and workplace safety, not only to avoid penalties but to ensure a healthy and safe working environment for all employees.