Legislative Decree 231/2001 and offences relating to the environment and safety: from management system governance to OdV inspection and oversight

1. CORPORATE ADMINISTRATIVE LIABILITY

• Criminal liability of individuals and of the company.
• The Model 231: design, implementation and oversight
• Interest or advantage in EHS matters
• Suitability of Model 231 for intentional and negligent offences.
• Developments in case law and case studies.

2. MODEL 231 AND WORKPLACE ACCIDENTS

• Article 25 septies of Legislative Decree 231/2001 and Article 30 of Legislative Decree 81/2008
• The OHSAS 18001 management system and its integration with Italian legislation. Certification and its actual exonerating value in criminal proceedings.
• Essential procedures within Model 231 (safety).
• Identifying roles and responsibilities for safety
• Monitoring safety obligations

3. MODEL 231 AND ENVIRONMENTAL OFFENCES

• Differences between Model 231 for environment vs. safety.
• Navigating environmentally sensitive offences under Model 231: Article 27 undecies of Legislative Decree 231/2001 and mapping of sensitive offences.
• Identifying the environmental manager and allocating criminally relevant roles within the company.
• Differences from ISO 14001 and EMAS environmental aspects mapping.
• The ISO 14001 or EMAS system and the environmental Model 231.
• Essential procedures within Model 231 (environment).
• Monitoring environmental obligations.

4. AUDIT AND MONITORING MANAGEMENT

• OdV: composition and inspection role in this area
• OdV and liability in the event of an accident or environmental damage.
• OdV and inspection assignments.
• OdV and relations with senior management, the Board of Directors and the Board of Statutory Auditors.

5. MODEL 231 IN CRIMINAL PROCEEDINGS

• Managing Model 231 in criminal proceedings: advantages and disadvantages
• Collateral effects on the liability assessment for company officers personally involved in the facts under trial