EMPLOYER CRIMINAL LIABILITY – COVID 19

Entrepreneurs/employers who, over the last few weeks, have requested clarification regarding the liability profiles they could incur in the unfortunate hypothesis in which one of their employees (or even a third party) were to contract the Covid-19 infection in the workplace.

The media coverage aroused by some judicial inquiries currently underway at various Italian prosecutor's offices, aimed at ascertaining any responsibility for the contagion of guests of RSA and hospital companies, makes it clear that the entrepreneurs' concern is not unfounded and that the checks on compliance with the relevant safety measures will probably intensify in the coming months.

The regulatory framework to which reference must be made rests mainly on two well-known regulatory provisions which, for several years now, have respectively regulated the health and safety in the workplace (Legislative Decree 81/2008) and the criminal-administrative liability of legal persons for acts constituting a crime (Legislative Decree 231/2001).

Interesting article Puntosicuro:

https://www.puntosicuro.it/sicurezza-sul-lavoro-C-1/coronavirus-covid19-C-131/coronavirus-sulla-responsabilita-penale-del-datore-di-lavoro-AR-20060/?utm_source=newsletter&utm_medium=email&utm_content=4&utm_campaign=nl20200507%2BPuntoSicuro%3A+sommario+del+7+maggio+2020&iFromNewsletterID=3081