News
Machinery not in compliance with the safety regulations: responsibility lies with the renter
- 27/11/2018
The Supreme Court (Court of Cassation, Section IV, No. 40931 of 24.9.2018) stated the criminal liability of the employer who has rented an "unsafe" machinery, that caused an accident to an employee.
In that case, pursuant to art. 16 T.U. n. 81/2008, the company's managing director had delegated functions to another person within the company, in order to take care of the production plants. There was no question of the validity of the delegation of functions pursuant to art. 16, nor the fact that the control on the safety of machinery within the various plants belonged to the delegate.
Nevertheless, the managing director could not be exempt from liability in the light of the provisions of art. 23 T.U. n. 81/2008: when selling, assigning or otherwise using a machine that does not comply with the safety regulations, the responsibility lies with those who set up such activities (e.g. sale, rental), because they have to check the machinery before it comes out of their availability.
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