Liability of the RSPP and external consultants

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Liability of the RSPP and external consultants

Description

The legislation assigns specific responsibilities to designated roles within the corporate organisation. In particular, ongoing compliance with prevention obligations is also ensured through internal consultants (as provided for by the legislation itself) and external consultants, who must be qualified and actively involved in corporate processes.

Schedule

  1. Organising prevention responsibilities in complex organisations: positions of guarantee and “specific” offences
  2. The role and function of the RSPP in organising prevention: a professional at the service of management.
  3. Role and function of the RSPP in organizing prevention: a professional at the service of management.
  4. Liability in relation to risk assessment and preparation of the DVR: risk assessment and the structure of negligent offences. Selecting suitable and competent persons:
  5. The organisational duties of the RSPP in managing the Prevention and Protection Service and coordination with the employer and competent physician.
    • Risk assessment, transferability of the obligation and shared liability
    • In particular, delegation of functions to the RSPP: feasibility and risks
    • The external RSPP: criminal and civil liability
    • The principle of effectiveness
  6. Criminal liability for personal injuries through negligence and manslaughter through negligence involving workers, and the RSPP’s involvement: case law examples of RSPP and third-party involvement in proceedings.
  7. Case law examples of third-party involvement in proceedings:
    • Court of Cassation 27/01/2011 No. 2814
    • Court of Cassation 26/06/2009 No. 15050
    • Court of Cassation 21/12/2018 No. 57937
  8. Article 2087 of the Italian Civil Code: the obligation to adopt precautions appropriate to technical progress and experience.
    • Court of Cassation 1/12/2016 No. 25599
    • Liability of a trusted technical consultant
  9. Overview of UNI 11720:2018: the role and profile of the HSE Manager — opportunities and risks.

Information

Categories

Recipients

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Typology

Duration

8 hours

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