Employer Liability and Accident Prevention: Commentary on Judgment No. 15406 of 2023
The recent judgment No. 15406 of December 20, 2023, issued by the Court of Cassation, serves as an important reference point regarding employer liability for workplace accidents. This ruling clarifies the conditions under which the drafting of the risk assessment document (DVR) and the adoption of preventive measures can exempt the employer from civil and criminal liability.
The Role of the Risk Assessment Document
The DVR is a regulatory obligation established by Legislative Decree No. 81 of 2008, which dictates how employers must identify and assess the risks present in the workplace. However, the judgment in question highlights that the mere drafting of the DVR, even if carried out by a competent professional, is not sufficient to exclude employer liability. In fact, as established by the Court, it is necessary for the employer to adopt preventive measures even in the presence of further risks or inadequacy of the measures already adopted.
Employer - Risk assessment document - Adoption of preventive measures - Relevance for exemption from employer liability - Conditions - Case law. In the context of workplace accident prevention, the drafting of the risk assessment document by an appointed professional with the necessary expertise and the adoption of prescribed preventive measures do not exclude the employer's liability if the latter can detect the existence of further risks or the inadequacy of the prevention methods for those already correctly identified, by exercising ordinary diligence, based on widely known technical expertise or common experience. (In application of this principle, the Court found no grounds for appeal against the employer's conviction for burn injuries sustained by a worker, who was splashed with molten aluminum while performing the "scorification" of molten metal, wearing leather gloves up to the wrist, a cotton apron and trousers, and goggles without facial and head protection, despite the DVR not requiring the use of "aluminized" heat-protective clothing for the operation).
Implications of the Judgment and Employer Liability
Judgment No. 15406 of 2023 is part of an ongoing line of case law that emphasizes employer liability even when a correctly drafted DVR is in place. Indeed, the adoption of adequate preventive measures is fundamental to ensuring worker safety. In this specific case, the Court upheld the employer's conviction for the injuries sustained by a worker, highlighting that the protective measures adopted were insufficient to prevent the risk of burns during hazardous operations such as the "scorification" of molten metal.
- Importance of risk assessment
- Obligation to update the DVR
- Employer liability in case of inadequate measures
Conclusions
In conclusion, judgment No. 15406 of 2023 serves as a clear warning to employers: liability cannot be solely delegated to the drafting of the DVR but must be accompanied by a constant commitment to workplace safety. It is essential for employers not only to draft the risk assessment document but also to implement effective risk management, continuously updating preventive measures and ensuring adequate protective equipment for their workers.
