Criminal Liability and Workplace Accidents: Commentary on Cass. pen., Section IV, No. 32955 of 2024

The recent ruling by the Court of Cassation (No. 32955 of 2024) has raised significant issues regarding the criminal liability of employers in cases of workplace accidents. Specifically, the case involved A.A., a member of the board of directors and technical director of Raffmetal Spa, accused of serious personal injury following an incident involving a worker during maintenance operations.

Context of the Incident and Emerging Responsibilities

On December 28, 2017, a worker, B.B., suffered serious injuries due to a fall from a portable ladder while performing maintenance on a rotary kiln. The Court of Appeal upheld the employer's conviction, finding that non-compliance with safety regulations had contributed to the accident. A.A. was held liable due to negligence, as he failed to prevent the event he was obligated to avoid, according to the provisions of Legislative Decree No. 81/2008.

Criminal liability in cases of workplace accidents is based on the violation of safety regulations and the employer's negligence in adopting the necessary measures for worker protection.

Violations of Safety Regulations

The Court emphasized that the ladder's use was not in compliance with safety requirements, particularly that it was not properly secured and a second operator was not present to ensure its stability. The working environment was further complicated by unsafe conditions, including slippery flooring and unsuitable equipment.

• Violation of Article 71, paragraph 2, of Legislative Decree No. 81/2008 for the use of inadequate tools.
• Non-observance of workplace safety rules requiring the adoption of protective systems.
• Negligence in ensuring a safe working environment.

Reflections on Employer Liability

The ruling highlights a crucial aspect: the causal link between the employer's conduct and the harmful event. Even if the worker acted autonomously, the Court established that criminal liability cannot be excluded, as their actions were part of a practice tolerated by the company. Furthermore, the Court confirmed that the employer's responsibility is not limited to preventing harm but also includes the duty to ensure that safety regulations are followed.

Conclusions

The Cassation ruling No. 32955 of 2024 represents an important affirmation of the principle that an employer's criminal liability is strictly linked to compliance with safety regulations. Companies must pay attention to worker training and equipment maintenance, as well as ensure that safety procedures are followed. Only in this way can the risk of workplace accidents be reduced and employee health be protected.