Commentary on Judgment No. 24945 of 2023: Omissions and Workplace Safety

Judgment No. 24945 of 2023, issued by the Court of Cassation, emphasizes a crucial aspect of workplace liability, particularly concerning occupational safety. The subject of the dispute is Article 437 of the Italian Penal Code, which punishes intentional omission, removal, or damage to safety devices. This verdict clarifies the necessary requirements for a crime to be established in this area, highlighting the importance of prevention and the protection of workers' health.

Context of the Judgment

In this ruling, the Court rejected the appeal filed by A. R., reiterating that the absence of safety measures in the workplace is not merely a regulatory violation but conduct that can have criminal consequences. Indeed, as established by the ruling's maxim:

Abstract suitability of the conduct to create a dangerous situation for a plurality of persons - Necessity. For the crime under Article 437 of the Penal Code to be established, it is necessary that the intentional omission, removal, or damage of systems, apparatuses, or signals intended to prevent workplace accidents occurs within a business context where the lack or inefficiency of those safety devices has the potential, at least in the abstract, to prejudice the physical integrity of a plurality of workers or, in any case, of all those who come into contact with that work environment, so as to determine an indeterminate extension of the danger.

This wording highlights how criminal liability is not limited to the mere violation of safety regulations but extends to a broader context, where intentional conduct can endanger the health of multiple workers.

Implications for Businesses

The judgment has significant implications for businesses, which must implement adequate prevention systems to ensure the safety of their employees. Companies are therefore called upon to:

• Implement adequate safety measures compliant with current regulations.
• Conduct regular checks and maintenance on safety systems.
• Train employees on risks and safety procedures.

The lack of such measures not only exposes workers to danger but can also lead to criminal liability for the managers and legal representatives of companies.

Conclusions

In conclusion, Judgment No. 24945 of 2023 represents a significant step forward in the protection of workplace safety in Italy. It underscores how non-compliance with accident prevention regulations can entail serious legal consequences and, above all, endanger the health of a plurality of individuals. Businesses must heed these directives and adopt a proactive approach to safety management, not only to avoid sanctions but to ensure a healthy and safe working environment.