Not Just Form: Ruling no. 24617/2025 and the Evolution of the Safety Coordinator's Duty of Care

Workplace safety is an absolute priority in our legal system, protected by a complex regulatory framework aimed at preventing accidents and occupational diseases. At the heart of this system, especially in construction sites, lies the figure of the Safety Coordinator for the Execution of Works (CSE), a professional entrusted with the delicate task of overseeing the implementation of prevention and protection measures. But how far does their responsibility truly extend? A significant answer comes from the Court of Cassation with Ruling no. 24617 of 28/05/2025, which has further defined the boundaries of this figure's "duty of care," emphasizing a substantive approach to safety.

The ruling, issued by the Fourth Criminal Section and with Dr. P. V. as rapporteur and author, rejected the appeal filed, upholding the decision of the Court of Appeal of Lecce. The case concerned the defendant B. V. P., and provided an opportunity to reaffirm a fundamental principle regarding workplace accidents.

The Core of the Ruling: The Principle and its Meaning

With this decision, the Court of Cassation has established a legal principle that unequivocally clarifies the scope of the safety coordinator's duties. Here is the principle that summarizes the crux of the decision:

In matters of workplace accidents, the safety coordinator for the execution of works' duty to verify the suitability of the operational safety plan (POS) which does not specify the operational methods for working at height, is not limited to its formal regularity and the abstract feasibility of such work with the means indicated therein, but extends to verifying the compatibility of such work with the concrete characteristics of the tools provided and the protections implemented by the company.

This statement is of paramount importance. Traditionally, the figure of the safety coordinator has often been perceived as a mere checker of documentary compliance, i.e., the formal correctness of Operational Safety Plans (POS) or Safety and Coordination Plans (PSC). Ruling no. 24617/2025, however, emphasizes that the CSE's role goes far beyond bureaucratic verification. The coordinator must go as far as a substantive and concrete assessment of safety measures. It is not enough for a POS to be formally correct or to provide for the use of certain tools; it is essential that the CSE verifies that these tools are actually suitable and that the protections are concretely adequate for the specific operational methods envisaged, especially for high-risk activities such as working at height.

From Form to Substance: The Extended "Duty of Care"

The principle expressed by the Court of Cassation has its roots in the so-called "duty of care" that rests upon the coordinator. Pursuant to Legislative Decree 81/2008, known as the Consolidated Law on Workplace Safety, and in particular Articles 92, 150, and 151 referenced in the ruling, the CSE holds specific supervisory and control obligations. Ruling no. 24617/2025 clarifies that such supervision cannot be superficial or limited to paper. The coordinator must actively work to prevent harmful events, verifying that theoretical provisions are actually applicable and safe in practice. This implies:

• A critical evaluation of the POS, not only for its completeness but for its actual compliance with the site's needs.
• On-site inspection to ascertain that the tools and equipment are adequate and correctly used.
• Verification that collective and individual protections are suitable and effectively installed for specific operations, such as working at height.

This approach imposes a broader and deeper responsibility on the CSE, requiring a more active presence and in-depth knowledge of the site's operational dynamics. It is no longer just about reporting documentary deficiencies, but about intervening if concrete operational methods, even if formally provided for, prove inadequate or dangerous.

Practical Implications for Companies and Professionals

The Court of Cassation's ruling has significant repercussions for all stakeholders involved in workplace safety:

• For Safety Coordinators: The ruling reinforces the need for continuous training and constant updating on safety techniques and procedures. It requires greater proactivity and careful supervision not only of documents but also, and above all, of the site's operational reality.
• For Companies: Companies must provide the CSE with all necessary information and ensure that the tools and protections made available are actually suitable and compliant with regulations, knowing that the coordinator's inspection will be substantive and not merely formal.
• For Workers: Increased attention to the concrete verification of safety measures translates into more effective protection of their health and safety, reducing the risk of accidents.

In summary, Ruling no. 24617/2025 is part of a line of case law that tends to strengthen the criminal and civil liability of individuals with a duty of care, pushing them towards more concrete and effective accident prevention, moving beyond mere formal compliance.

Conclusions

Ruling no. 24617 of 28/05/2025 by the Court of Cassation marks a further, important step towards a workplace safety culture that prioritizes substance over form. The Safety Coordinator for the Execution of Works cannot limit themselves to a superficial review of documents but must ascertain the concrete suitability of tools and protections in relation to specific operational methods. This principle, strongly reiterated, reinforces the CSE's "duty of care," highlighting the need for constant commitment and active supervision to ensure truly safe working environments. A clear warning to all operators in the sector: safety is a concrete commitment that is realized in the field, every day.