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7/9/2015 - The Employer is sentenced for failure or delay in risk assessment

Supreme Court - Criminal Section III - Judgment no. 12962 of March 26, 2015 - Pres. Vials -

 

East. Andronio - P.M. D'Ambrosio

 

The case and the appeal to the Supreme Court

The court sentenced the legal representative of a cooperative because, as an employer, failed to carry out the risk assessment in collaboration with the responsible service of prevention and protection and Company Doctor.

Against the judgment of the defendant, through his lawyer, he claimed that he had commissioned an external company in preparing the document of risk assessment document that was drawn up late for reasons attributable to the company and had been presented to the ASL 48 hours after the inspection in which the crime had been ascertained.

The Court found that there was still a "culpa in eligendo" and a "culpa in ensuring" the accused in chief, who was entrusted to an undertaking inappropriate and had not supervised on the timing of the actual drafting of the document.

The decisions of the Supreme Court

The appeal was deemed inadmissible by the Supreme Court because it was based on reasons not specific enough. According to the Court itself, in fact, the defense was limited to mere unproven allegations in relation to the fact that the delay in drawing up the document the risk assessment would be solely due to the inertia of society that had been appointed for this purpose.

The applicant overlooked fact, according to the Supreme Court, "the defense did not explain why the defendant, although aware of the lack of the document, however, has continued the course of business with respect to which this document is a prerequisite unfailing."

[http://www.puntosicuro.it/sicurezza-sul-lavoro-C-1/rubriche-C-98/sentenze-commentate-C-

103/sulla-culpa-in-eligendo-in-vigilando-per-la-valutazione-dei-rischi-AR-15033/]

Comment

The reasons for the dismissal of the appeal concerning the failure to make the document of risk assessment.

The Criminal Appeal rejects the appeal because the employer, who bears the duty be delegated the assessment of risks, can not cite in its defense that it has entrusted the task to an external inadequate (culpa in eligendo) and had not yet prepared the document (culpa in supervising).

In other words, if we as an Employer gets help from outside consultants, then you must choose wisely and must make sure to do its job.

 
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