Duties and responsibilities in the company: delegations, sub-delegations and organisational documents
Description
A perennial challenge in organising occupational health and safety within a company is assigning appropriate powers at the right functional level to ensure adequate management of obligations. The placement and exercise of decision-making and managerial powers is, moreover, the paradigm underpinning the fundamental principles for attributing criminal liability.
Schedule
- Key regulatory framework for occupational health and safety
- Judicial policy on prevention and the structure of offences relating to safety protection
- Liability arising from workplace accidents and occupational diseases
- The duty-holder position (posizione di garanzia) in accident prevention: criminal relevance and negligent liability for workplace accidents;
- Responsibilities, duties and powers of the various parties within the regulatory framework
- Occupational Health and Safety Management System:
- distribution of powers;
- delegation of functions: regulatory requirements (Article 16 and case law rulings) and limits of validity;
- principle of effectiveness (principio di effettività);
- sub-delegation: regulatory requirements and practical challenges
- Company organisation and occupational safety: strengths, critical issues and potential liabilities in the event of an accident;
- Criminal administrative liability of the organisation for safety offences (Legislative Decree 231/2001 and Article 30 of Legislative Decree 81/2008)
- Review of recent case law on the topics covered
