Recognition of Radiological Risk Allowance: Commentary on Judgment Cass. civ., Section Labour, No. 17757/2014

Judgment No. 17757 of 2014, issued by the Court of Cassation, addresses a highly relevant issue in the healthcare work context: the right of doctors exposed to radiation to receive a risk allowance. The matter arose after an appeal filed by the Azienda Ospedaliera Istituti Clinici di Perfezionamento against a decision by the Court of Appeal of Milan, which had recognised this allowance for a group of doctors. This article aims to analyse the main aspects and implications of the judgment, with particular attention to the applicable regulations.

Context of the Judgment

The Court of Appeal of Milan had established the right of certain doctors to receive the radiological risk allowance, stating that their exposure to radiation was not occasional but continuous and significant. The Hospital Company contested this decision, arguing that the allowance should only be granted based on actual exposure to radiation, and not simply for working in a "controlled area".

The Court highlighted that exposure to radiation must be assessed not only based on the frequency of presence in controlled areas but also on the time of actual exposure.

Reasoning of the Court of Cassation

The Court of Cassation, in rejecting the appeal by the Hospital Company, reiterated the importance of considering the specific duties and working conditions of doctors. The Court stated that the radiological risk allowance is due to those workers who, due to their activity, are permanently and continuously exposed, even if not all their procedures require the use of radiological equipment.

• The assessment of exposure must be based on objective criteria, such as the frequency and duration of exposure.
• It is essential to consider professional specificities, as in the case of orthopaedic and plastic surgeons, who cannot use protective devices during operations.
• The principle of the "judge as expert witness" allows the trial judge to depart from the conclusions of the technical consultant, provided there is adequate justification.

Conclusions

Judgment No. 17757/2014 represents an important affirmation of the rights of healthcare workers, particularly concerning the health protection of doctors exposed to radiation. The decision of the Court of Cassation underscores the need for a thorough analysis of working conditions and actual exposures, promoting an approach that considers not only legislative norms but also the peculiarities of medical professions. This case not only clarifies the rights of doctors but also offers food for thought for healthcare institutions regarding workplace safety.