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Occupational safety: the Cassation on the subject of interference risks and guarantee positions
- 01/10/2019
In the presence of interference risks pursuant to art. 26 of Legislative Decree no. 81/2008 it is necessary to have regard not to the civil qualification attributed to the relationship between the companies that cooperate among themselves but to the effect that such relationship originates and, therefore, to the concrete interference between the organizations that operate on the same workplace and which can be a source of further risks for the safety of the workers of the companies involved. This is the principle that emerges from the sentence of the Court of Cassation n. 24926 of June 5, 1997 Another principle that emerges from this ruling concerns the identification of liability for an accident in the case of the presence at the workplace of several holders of the guarantee position: if the holders of the guarantee position are more subject, each guarantor is the full recipient of the obligation to prevent the event until the relationship that originated the individual guarantee position is exhausted.
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