Personal Protective Measures and Responsibility of the Technical Manager: Analysis of the Supreme Court Ruling
The ruling no. 16191 of April 18, 2024, from the Supreme Court, Section III Criminal, provides significant insights into the responsibility of the "technical manager" in companies operating in the environmental sector. Through a thorough analysis, the Court clarified the legal implications and responsibilities associated with the role of this professional figure, highlighting the importance of proper waste management and the legal consequences of mismanagement.
The Supreme Court's Decision
The appeal filed by A.A. against the rejection of the request for revocation of the preventive interdiction measure saw the Court reaffirm that the order of the Review Court does not require an independent assessment of the serious indications of guilt, as such a requirement is only necessary for decisions made inaudita altera parte. The Court therefore deemed the reasoning by reference adopted by the tribunal legitimate, emphasizing that the contested order merely cited the original order, without the need for further justifications.
The technical manager of a company is legally invested with a true "position of guarantee" regarding compliance with regulations on waste management.
The Implications for the Technical Manager
The ruling clarifies that the technical manager, although not a direct addressee of the criminal injunction, still bears significant responsibility regarding waste management. The Court highlighted that, according to the Regulation of the Ministry of the Environment, the technical manager must undertake actions aimed at ensuring the correct organization in waste management and supervise its proper application. Below are the key points that emerged from the ruling:
- The technical manager must ensure proper waste management, acting actively and continuously.
- His role is equivalent to a position of guarantee, with responsibility for unlawful acts related to mismanagement.
- It is essential to know and apply current regulations on waste to avoid sanctions and precautionary measures.
Conclusions
The ruling of the Supreme Court represents an important reminder of responsibility for professionals in the environmental sector. It emphasizes that the role of the technical manager cannot be underestimated, as his vigilance is crucial to preventing violations of waste management regulations. The Supreme Court has thus drawn a clear line regarding the responsibilities and duties associated with this role, highlighting the importance of training and professional updating in the sector. In a context where environmental protection is increasingly central, professionals and companies must pay maximum attention to current regulations, thus avoiding precautionary measures and legal sanctions.
