Head of the Corporate Criminal Liability Department Francesco Rubino, took part in a video on safety and health at work for the specialized magazine Il Penalista. He addressed the issue of careless or negligent behavior of the worker at work, and the cases where such behavior breaks the causal link between the violation of the applicable regulations by the employer and the event at issue (the accident that may result in an injury or even in the worker’s death in the most serious cases).
The video analyses both employer and worker’s obligations through an overview of the main legislative sources and court decisions: from Article 2087 of the Italian Civil Code, that provides for the employer’s obligation to use all the appropriate instruments to ensure workers’ safety and health in the workplace, to Law 626/94 and Law Decree 81/2008.
The purpose of this video is to give managers some useful suggestions both on prevention and judicial aspects, to verify that the activity complies with the Law Decree 81/2008 on the one hand and, at the same time, prepare the legal defense for the worker and the employer (not only as individual, but also as legal person, since personal injuries and manslaughter are considered predicate offences pursuant to the Law Decree 231/2001).
Watch the video here.