Workplace Injuries and Criminal Liability: Commentary on the Judgment of the Court of Cassation, Criminal Section IV, No. 43717/2024
Judgment No. 43717 of November 29, 2024, from the Court of Cassation provides crucial insights for understanding criminal liabilities in cases of workplace injuries. In particular, the responsibility of various actors, including employers and employees, is examined in relation to a tragic incident that occurred at a construction site. The Court highlighted violations of safety regulations and the supervisory obligations imposed on each party involved, offering a perspective that goes beyond mere fault assessment.
The Case in Question
In the case discussed, the fatal accident of M.M. was attributed to a series of failures on the part of those involved. F.F., the crane operator, and K.K., the owner of the contracting company, were found responsible for failing to ensure the necessary safety conditions at the site. G.G., the safety coordinator, was held civilly liable for deficiencies in the safety plan, while H.H., the client of the works, was excluded from any responsibility.
Criminal liability in cases of workplace injuries cannot be considered in isolation but must take into account the negligent cooperation of the various parties involved.
Responsibilities and Violations of Safety Regulations
The Court emphasized that F.F. operated the crane without possessing the necessary skills and without ensuring that there were no other workers in the maneuvering area. This constitutes a direct violation of Article 20, paragraph 2, letter g), of Legislative Decree 81/2008. Similarly, G.G. was found guilty of drafting an incomplete safety plan, failing to meet the obligations set forth by the regulations.
- F.F. did not check for the presence of workers in the maneuvering area.
- G.G. did not provide an adequate schedule.
- H.H. did not supervise the actions of the safety coordinator.
Conclusions and Implications of the Judgment
The judgment of the Court of Cassation underscores the importance of proper application of safety regulations at construction sites and the necessity for adequate training for workers. It also highlights the crucial role of the client in selecting the contractor and supervising work activities. Ultimately, liability in cases of workplace injuries can never be attributed to a single party but must be assessed in the context of the actions of all parties involved.
