Criminal Responsibility and Workplace Accidents: The Supreme Court Ruling on Tortella Srl
The recent ruling No. 22586 by the Court of Cassation, pronounced on June 5, 2024, provides significant insights regarding the criminal responsibility of employers in the event of workplace accidents. In particular, the case concerns the company Tortella Srl, which was convicted for failing to provide adequate training to its employees on the use of a forklift, resulting in the injury of worker B.B.
The Context of the Ruling
The Court of Chieti had already convicted the legal representative of Tortella Srl for negligent injuries, highlighting how the lack of training had caused the incident. The Court of Appeal confirmed the entity's responsibility, establishing that the violation of workplace safety regulations, specifically Legislative Decree 81/2008, carries serious consequences for employers.
The training and information of the worker cannot be substituted by their previous experience.
The Court's Arguments
The Court emphasized that, despite Tortella Srl claiming it was not obliged to train workers on the specific use of the forklift at the time of the incident, the existing regulations still required general training. The Court clarified that the absence of refresher courses since 2001 contributed to establishing a systematic responsibility of the entity, making it clear that such omission resulted in cost savings at the expense of worker safety.
Implications for Employers
The implications of the ruling are significant for all employers. It is essential to ensure adequate and continuous training for workers, especially for the use of potentially dangerous machinery. In summary, companies must:
- Implement regular and updated training programs.
- Ensure that workers are informed about the risks associated with the equipment used.
- Proactively respond to safety regulations in the workplace.
Conclusion
The ruling of the Court of Cassation serves as a warning for companies: failure to comply with safety regulations can lead to significant criminal consequences. It is therefore crucial for employers to understand the importance of training and workplace safety, not only to avoid penalties but to ensure a healthy and safe working environment for all employees.
