Judgment No. 20671 of 2023: Verification Obligation for Companies on Construction Sites

The recent judgment No. 20671 of February 21, 2023, by the Court of Cassation has generated considerable interest in the field of occupational accident prevention. The decision concerns a case where several companies were operating on the same construction site and were held accountable regarding the compliance of pre-existing scaffolding. This judgment clearly defines the responsibilities of each employer and the obligation to verify compliance with accident prevention regulations.

Context of the Judgment

In the examined case, the companies involved had been contracted to carry out work on a construction site that already had scaffolding installed. The Court ruled that, even though the scaffolding was pre-existing, each employer has the obligation to verify that such structures comply with current occupational safety regulations. This principle is fundamental to ensuring worker safety and preventing accidents.

Plurality of companies operating on the same construction site – Use of pre-existing scaffolding – Obligation for each employer to verify compliance with regulations – Existence – Reasons. In the context of occupational accident prevention, where different companies undertake the execution of works by contract or subcontract which, by their nature, require the use of scaffolding previously installed, each employer is obliged to check that its installation complies with current accident prevention regulations, as this obligation rests on all those responsible for directing workers.

Implications of the Decision

The judgment carries several significant implications for companies operating in the construction sector and, more generally, for all businesses managing work on construction sites. Here are some key aspects:

• Shared responsibility: Each employer is responsible for ensuring that scaffolding complies with regulations, promoting a safety culture.
• Accident prevention: Verification of scaffolding is a crucial step in reducing the risk of occupational accidents.
• Control obligation: Even if scaffolding has already been installed, control must be carried out by every company operating on the construction site.

These considerations highlight the importance of responsible management of work practices and collaboration among the various companies involved in a project. The regulation referenced by the judgment, Legislative Decree 81/2008, clearly establishes workplace safety duties, emphasizing that responsibility cannot be delegated.

Conclusions

In conclusion, judgment No. 20671 of 2023 represents a significant step forward in protecting workplace safety. It reiterates that responsibility for compliance with accident prevention regulations is not merely a legal obligation but an ethical duty to protect workers. Companies must adopt a proactive approach to safety management, ensuring that every aspect of the work, including scaffolding, is in line with current regulations. This judgment serves as a warning to all companies to invest in training and prevention, so that safety is seen not as a burden, but as a fundamental value.