Employer Liability: Analysis of the Cass. Pen. Decision No. 28156/2021
The ruling No. 28156 of July 21, 2021, by the Court of Cassation represents an important precedent regarding the criminal liability of employers in the event of workplace accidents. In this article, we will analyze the key points of the decision, paying particular attention to safety obligations and the legal implications arising from them.
The Case Under Review
In the case in question, the employers, V.F., G.N., and V.A., were found guilty of manslaughter for the death of a worker, O.I., caused by an accident that occurred in an unsafe work environment. The Court of Appeal of Venice had confirmed the criminal liability of the three defendants, stating that they had not taken the necessary measures to ensure the safety of workers, thereby violating the provisions of Legislative Decree No. 81 of 2008.
The Court emphasized that the lack of adequate safety measures contributed to creating a dangerous work environment, exacerbated by the mixing of workers and moving vehicles.
The Appellants' Arguments
The appellants argued that the accident was caused by reckless behavior on the part of the worker and that they had implemented all the required safety measures. However, the Court rejected these arguments, highlighting that the organization of work was severely lacking and that the measures taken were insufficient to ensure the necessary safety.
- Violation of specific precautionary rules.
- Mixing of passage and lack of signaling for moving vehicles.
- Inadequacy of the instructions provided to workers.
The Causal Link
One of the most controversial aspects of the ruling concerns the causal link between the accident and the subsequent death of the worker. The defenders argued that the healthcare received was inadequate and that this had interrupted the causal link. However, the Court clarified that medical negligence, even if present, cannot be considered sufficient to disrupt the causal link already established by the employer's behavior.
Conclusions
The ruling of the Court of Cassation No. 28156 of 2021 reaffirms the responsibility of employers to ensure a safe work environment compliant with current regulations. It is essential that companies understand the importance of adopting appropriate preventive measures to protect the health and safety of their employees, not only to comply with the law but also to avoid tragic consequences like those examined in this ruling.
