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Contractors are liable for violation of regulations and procedures for accident prevention if they interfere with works
- 19/09/2016
Italian Health and Safety Law (Decreto Legislativo n. 81/2008) provides for the criminal liability of employers, directors, contractors and any person in charge with the supervision of works, in case of violation of regulations and procedures with regard to accident prevention.
Jurisprudence had already stated that a contractor who subcontracts works to third parties does not automatically disqualify as an employer, as defined by art. 2, paragraph 1.b, of “Decreto Legislativo no. 81/2008”. Indeed, he is still liable for compliance with regulations and procedures for accident prevention, if he keeps interfering with the execution of subcontracted works (Cass. Pen., III, no. 50996 of 24.10.2013).
Anyway, with judgment no. 37229 of 8th September 2016, the Court of Cassation has explained that the interference is to be proved. Therefore, it has to be ascertained that the contractor actually exercises those powers which, according to the said art. 2, are essential for being qualified as an employer. If that is the case, liability cannot be excluded.
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