Commentary on Judgment No. 51455 of 2023: Delegation of Functions and Duty of Supervision in Labor Law

Judgment No. 51455 of October 5, 2023 provides important insights into the employer's responsibility regarding workplace safety, particularly concerning the delegation of functions. The Court annulled a conviction for manslaughter, emphasizing that delegation does not exempt the employer from the obligation to supervise the proper execution of the delegated functions. This decision resonates strongly within the context of Italian regulations, particularly Legislative Decree No. 81/2008, which governs workplace safety.

The Regulatory Context of Delegation of Functions

Article 16 of Legislative Decree No. 81 of April 9, 2008 establishes the rules for the delegation of functions concerning safety. It is essential to emphasize that, although an employer may delegate certain tasks, they cannot exempt themselves from the responsibility of supervising the proper implementation of those functions. The Court clarified that supervision must be directed towards the overall management of risks and not the detailed control of daily operations.

Delegation of functions - Duty of supervision of the delegator - Content - Case. In terms of workplace safety, the delegation of functions, governed by Article 16 of Legislative Decree No. 81 of April 9, 2008, does not exclude the employer's duty to supervise the proper execution of the transferred functions, but, pertaining to the correctness of the overall risk management by the delegate, cannot involve the moment-by-moment control of how individual tasks are carried out.

Implications of the Judgment

The case in question concerned M. F., the legal representative of a company, accused of manslaughter for failing to comply with safety regulations. The Court annulled the conviction, highlighting that despite the lack of supervision, M. F. had prepared the risk assessment document and had established specific roles such as the site manager and the team leader. These elements demonstrate that the delegation and organization of work had been correctly implemented, but the control of individual operations could not rest solely on her.

  • Delegation of functions: a useful tool but not exempt from responsibility.
  • Duty of supervision: always present even in the case of delegation.
  • Importance of proper organizational structure for safety.

Conclusions

Judgment No. 51455 of 2023 represents an important clarification regarding the employer's responsibility in terms of workplace safety. The decision of the Court of Cassation emphasizes that, although it is possible to delegate functions, this does not exempt the employer from the duty of supervision. It is therefore essential that companies not only delegate tasks but also ensure that there is an adequate system for control and risk management. Only in this way can the safety of workers be guaranteed and potential tragedies in the workplace be prevented.

Bianucci Law Firm