News
Accident prevention: the accumulation of responsibilities for top management in joint stock companies (Cass. Pen. Sez. IV, n. 25836/2019)
- 27/01/2020
The Supreme Criminal Court, IV Section, with decision no. 25836 of June 12, 2019 confirmed the principle, expressed several times by the Supreme Court, according to which, in the join-stock companies, the obligations related to the prevention of accidents, imposed by the law on the employer, lays indiscriminately on all the members of the Board of Directors, except in the case of delegation, validly conferred, of the guarantee position.
According to this jurisprudential orientation, therefore, there is the possibility of coexistence, within the same join-stock company, of several figures having all the qualification of employer, on which remain, in the same way, the burden of assessing the risks for the security, to identify the necessary preventive measures and to check the exact fulfillment of security obligations.
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