EVERYONE HAS THEIR RESPONSIBILITIES

The analysis of the sentence commented by Gerardo Porreca on puntosicuro is interesting.

In the face of an injury, the team can fall apart. Why? The logical principle of the judgment is actually very simple.

EVERYONE IS RESPONSIBLE FOR THEIR RESPONSIBILITIES and cannot transfer them to others.

"Another ruling on the responsibility of a supervisor convicted in the first two levels of judgment for the accident which occurred in a company to a worker who had suffered the amputation of an arm while he was engaged in processing a piece of wood at a moulder machine found to be without the necessary safety devices. The accused. who had been accused, in his capacity as de facto supervisor, of having assigned the worker to tasks other than those for which he had been hired, without therefore having provided him with adequate information, and of having omitted due supervision during the processing phases, is appealed to the Court of Cassation, basically complaining that he had not had any formal investiture as supervisor nor had he been educated and trained to carry out the relevant functions, also arguing that the obligation to make safe machinery available to the worker and equipped with the required safety devices safety was placed by the legislator at the expense of the employer.

The Supreme Court, in rejecting the appeal and highlighting that the accused had in fact carried out the duties of a supervisor, specified that the fact that a supervisor did not follow the training and refresher courses required by the provisions of the law cannot be reason for exemption from liability; on the subject of prevention of accidents at work, he also maintained, the responsibilities of a manager and a person in charge do not necessarily find their origin in the granting of a delegation by the employer, but could derive, however, from the formal investiture or from the de facto exercise of the typical functions of these guarantor figures.
With reference then to what was highlighted by the appellant regarding the employer's responsibilities for having made available to the worker a machine without safety devices, the Court of Cassation reiterated one of the fundamental principles regarding the prevention of accidents in workplaces work, that is, the one according to which, if there are multiple holders of a guarantee position, each one is entirely the recipient of the protection obligation imposed on him by law for which the failure to apply an accident prevention precaution is attributable to each of the holders of this position."

Full article at the link https://www.puntosicuro.it/sentenze-commentate-C-103/sulla-responsabilita-o-meno-di-un-preposto-non-formato-AR-22655/?utm_source=newsletter&utm_medium=email&utm_content=3&utm_campaign=nl20220924%2BPuntoSicuro%3A+il+meglio+della+settimana%21&iFromNewsletterID=4522