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Security: duties and responsibilities of the Employer

Criminal Cassation, Section IV, Case No. 31679 of August 11, 2010 - Failure indication of risk in the PSC. Responsibilities of the DL for the accident which occurred

"The task of the employer is multiple and complex, and ranges from workers' education on the risks of certain works, and the need to adopt certain safety measures, the provision of these measurements: with the result that, if these measures consist of specific things or tools, it is necessary that these instruments are placed at the fingertips of the worker. The employer must have the culture and mindset of the relevant constitutional guarantee of the welfare consists of the integrity of the worker, and must not only inform employees on safety rules laid down, but must take action and control up to pedantry, that the rules be absorbed by employees in the ordinary working practices (see, Sec. IV, March 3, 1995, Grassi).
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regard to the conduct of the worker, just remember the consolidated guidance affirmed in the Court's legitimacy, that the employer, recipient of the safety rules, is exempt from liability only when the employee's behavior is abnormal (Sect. 4, No. 40164 of 03/06/2004 Ud. - dep. 13/10/2004 - Rv, 229564 , imp. Giustiniani) must define the reckless behavior of the worker who has been put in place by that, quite independently and in a field unrelated to their duties - and, therefore, outside of any predictability for the employer - or come back in the nature of the tasks consisted of his own but is something fundamentally, ontologically, far from feasible and, therefore, predictable, imprudent decisions of the worker in the execution of the work (in this sense, "former plurimis ", Sec. 4, Decision No. 25532 of 23/05/2007 Ud. - dep. 04/07/2007 - Rv. 236 991);
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shareability It was also stated that the rules on the prevention of accidents have the primary function of preventing harmful events occurring in the limb, intrinsically inherent to the exercise of certain jobs, "even in cases where such risks are arising from any disaccortezza, recklessness and carelessness of the workers employed (in terms, Sec. 4, 14 December 1984, n. 11043; to that effect, "former plurimis, also Sec. 4, No 4784 of 13.02.1991 - dep. 27/04/1991- imp. Such and so on, RV. 187538). "