Duties and responsibilities in the company: delegations, sub-delegations and organisational documents

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.

The principal contractor in temporary and mobile construction sites: liability profiles and relations with other prevention actors

Legislative Decree 81/2008 introduced — or more precisely, specified and enhanced — the scope of liability for a new employer figure within temporary and mobile construction sites: the principal contractor (impresa affidataria), defined as “the company holding the contract with the client that, in carrying out the contracted works, may engage subcontractors or self-employed workers”.

Workplace accident handbook: from the judicial police inspection to the determination of liability at trial

Managing an administrative or judicial police inspection in occupational safety is perhaps the most sensitive stage in establishing potential regulatory violations and identifying the responsible parties. It is at this stage that evidence of the offence is gathered, but also when critical decisions are taken to secure the inspected premises by imposing compliance orders to […]

Contract management: coordination obligations, DUVRI and applicable regulations

Article 26 of Legislative Decree 81/2008, elaborating on earlier legislation on obligations related to contracts, works and supply agreements, introduced — among other provisions — the requirement for the client employer to promote cooperation and coordination by preparing a single interference risk assessment document (DUVRI). This provision mandates a specific document to be annexed to […]