Judgment No. 15474 of 2024: Responsibility for Safety at Construction Sites

The recent ruling No. 15474, issued by the Court of Cassation on June 3, 2024, offers significant insights regarding safety at construction sites and responsibility in preventing workplace accidents. In particular, the judgment addresses the role of the Safety Coordinator during the Design phase (CSP) and that during the Execution phase (CSE), highlighting how both must fulfill specific obligations to ensure the safety of workers.

The Context of the Judgment

In the case at hand, the relatives of a truck driver who died at a construction site filed a claim for damages, arguing that the responsibility should also fall on the Safety Coordinator during the Design phase. The Court of Cassation, in its ruling, overturned the rejection of the Bologna Court of Appeal, clarifying that the obligation to draft an adequate Safety and Coordination Plan (PSC) does not solely rest on the CSE but also on the CSP.

Workplace accidents - Prevention - Interference between the works of different contracting companies - Safety Coordinator during the design phase - Obligations - Drafting of the Safety and Coordination Plan (PSC) - Minimum content - Case law. Regarding the prevention of workplace accidents, the obligation to accompany the Safety and Coordination Plan (PSC) with minimum requirements concerning the analysis of risks associated with the construction site area and its organization, arising from the interferences between the different works carried out and the operational prescriptions for cooperation among the companies involved in those works, falls not only on the Safety Coordinator during the execution phase (CSE) but also on the Safety Coordinator during the Design phase (CSP). (In this case, the Supreme Court overturned with referral the rejection of the damage claim brought against, among others, the safety coordinator during the design phase, by the relatives of the truck driver who died at the construction site following a fatal accident that occurred during unloading operations, based on the erroneous assumption that the obligation rested exclusively on the safety manager during the execution phase).

The Implications of the Judgment

This judgment has important implications for the construction sector and for all companies operating in construction contexts. The responsibility of the CSP thus extends beyond mere design, requiring a thorough analysis of the interferences between different works and the definition of an effective Safety Plan. It is important for companies to understand the necessity of cooperation among the various actors involved, including subcontractors, to ensure a safe working environment.

Conclusions

In conclusion, ruling No. 15474 of 2024 clarifies that responsibility for safety at construction sites is shared between the CSP and the CSE, promoting an integrated view of workplace safety. It is essential that all parties involved in the execution of a construction project strictly adhere to the regulatory obligations in place to prevent tragic events like the one that led to this case. A greater focus on safety not only protects workers but also ensures the long-term sustainability of businesses.

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