Accidents, the company is liable if it lacks organizational models

On more than one occasion we gave our expert contribution, alongside the defense, in demonstrating that there was no liability on the part of the company, with reference to the predicate crime of Legislative Decree 231/01 art. 25-septies.

The implications, otherwise, would be serious both from an economic and an image point of view.

IT IS NOT AT ALL IRRELEVANT THAT THE ORGANIZATIONAL MANAGEMENT AND CONTROL MODEL MUST BE EFFECTIVELY IMPLEMENTED.

We have been members of the Supervisory Body of many important industrial companies, some with international fame, since 2009.

We put our consolidated experience at your disposal.

The benefits for the company of the Supervisory Body's monitoring activity are evident and tangible.

We have created, to the satisfaction and appreciation of companies, various Organizational Management and Control Models.

We are available to companies to illustrate and support them in making the most appropriate choice, to protect continuity and to protect the fruit of the many sacrifices made.

In these days of rest, the suggestion to seriously consider this further control tool, albeit voluntary, is strongly recommended as well expressed in this extract from the Venetian messenger:

“In the event of accidents at work, the company is also liable, with heavy financial penalties and in the most serious cases bans on the company's activity for long periods, but only if it does not adopt organizational models.

The prerequisites for corporate liability are based on the ascertainment of an interest and advantage of the company: the accusation must demonstrate, in short, that the company facilitated the commission of the crime. 

The employer, as a natural person, is instead liable for the injuries.

The current orientation of the prosecutors' offices, as stated by the lawyer Bianchin, is to launch an investigation against the legal representative and the company. 

According to the law, it is possible to avoid the administrative liability of the company if the organizational model is prepared, with the consequent appointment of a supervisory body that verifies the application of this model.

«It is certainly advisable – concluded the lawyer Bianchin – that companies that have not yet equipped themselves with the aforementioned tools, but also individual businesses to which 231 is peacefully considered applicable, to take action»".

The full article at the link https://messaggeroveneto.gelocal.it/udine/cronaca/2019/05/22/news/infortuni-l-impresa-ne-risponde-se-priva-di-modelli-organizzativi-1.32890084?ref=search