Criminal Liability and Workplace Accidents: Commentary on Court of Cassation, Section IV, No. 32955 of 2024
The recent ruling of the Court of Cassation (No. 32955 of 2024) has raised important questions regarding the criminal liability of employers in the case of workplace accidents. In particular, the case involved A.A., a member of the board of directors and technical director of Raffmetal Spa, accused of serious bodily injury following an incident involving a worker during maintenance operations.
The Context of the Incident and the Responsibilities Emerged
On December 28, 2017, a worker, B.B., suffered serious injuries due to a fall from a portable ladder while maintaining a rotary oven. The Court of Appeal upheld the conviction of the employer, considering that the failure to comply with safety regulations contributed to the incident. A.A. was found liable for negligence, as he did not prevent the event he was obliged to avert, according to the provisions of Legislative Decree No. 81/2008.
Criminal liability in the case of workplace accidents is based on the violation of safety regulations and the employer's negligence in adopting the necessary measures for the protection of workers.
Violations of Safety Regulations
The Court emphasized that the use of the ladder was not compliant with safety requirements, particularly it had not been properly secured and there was no second operator present to ensure its stability. The working situation was further complicated by an unsafe environment, with slippery flooring and inadequate equipment.
- Violation of Article 71, paragraph 2, Legislative Decree No. 81/2008 for the use of inadequate tools.
- Non-compliance with workplace safety rules requiring the adoption of protective systems.
- Negligence in ensuring a safe working environment.
Reflections on Employer Liability
The ruling highlights a crucial aspect: the causal link between the employer's conduct and the harmful event. Even if the worker acted independently, the Court ruled that criminal liability cannot be excluded, as his conduct fell within a practice tolerated by the company. Furthermore, the Court confirmed that the employer's responsibility is not limited to preventing harm but also includes the obligation to ensure that safety standards are adhered to.
Conclusions
The ruling of the Court of Cassation No. 32955 of 2024 represents an important affirmation of the principle that the criminal liability of the employer is closely tied to compliance with safety regulations. Companies must pay attention to worker training and equipment maintenance, as well as ensure that safety procedures are followed. Only in this way can the risk of workplace accidents be reduced and the health of employees safeguarded.
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