Commentary on Judgment No. 51455 of 2023: Delegation of Functions and Duty of Supervision in Labor Law
Judgment No. 51455 of October 5, 2023, offers important insights into the employer's liability concerning workplace safety, particularly regarding the delegation of functions. The Court overturned a conviction for involuntary manslaughter, emphasizing that delegation does not exempt the employer from the duty to supervise the proper performance of transferred functions. This decision resonates strongly within the context of Italian regulations, specifically Legislative Decree 81/2008, which governs workplace safety.
The Regulatory Framework for Delegation of Functions
Article 16 of Legislative Decree No. 81 of April 9, 2008, establishes the rules for the delegation of functions concerning safety. It is crucial to highlight that, although an employer may delegate certain tasks, they cannot absolve themselves of the responsibility to supervise the correct implementation of these functions. The Court clarified that supervision must be directed towards the overall risk management and not the precise control of daily operations.
Delegation of functions - Delegator's duty of supervision - Content - Factual circumstances. In matters of workplace safety, the delegation of functions, governed by Article 16 of Legislative Decree No. 81 of April 9, 2008, does not exclude the employer's duty of supervision over the correct performance of transferred functions. However, as it pertains to the correctness of the delegate's overall risk management, it cannot involve the moment-by-moment control of how individual tasks are carried out.
Implications of the Judgment
The case in question concerned M. F., the legal representative of a company, accused of involuntary manslaughter for failing to comply with safety regulations. The Court overturned the conviction, highlighting that despite the lack of supervision, M. F. had prepared the risk assessment document and had established specific roles such as site manager and team leader. These elements demonstrate that the delegation and work organization had been implemented correctly, but the control of individual operations could not rest solely with her.
- Delegation of functions: a useful tool but not without liability.
- Duty of supervision: always present, even in case of delegation.
- Importance of correct company organization for safety.
Conclusions
Judgment No. 51455 of 2023 represents an important clarification on the employer's liability in workplace safety matters. The decision of the Court of Cassation emphasizes that, while it is possible to delegate functions, this does not exempt the employer from the duty of supervision. It is therefore essential for companies not only to delegate tasks but also to ensure that there is an adequate system for controlling and managing risks. Only in this way can worker safety be guaranteed and potential tragedies in the workplace be prevented.
