Criminal labour law
The Telchini & Mayr Law Firm has several decades of experience in criminal labour law. Over the years the firm has specialized in out-of-court and in-court assistance for work-related accidents occurring in construction sites and industrial plants, and relies on the collaboration of the best consultants to ascertain the technical conduct profiles and assess the efficiency of the work tools and production process.
The Consolidated Law on Health and Safety at Work (Italian Legislative Decree No. 81/2008) and the additional specific industry regulations identify a series of rigorous obligations for the various company figures, from the employer to the managers, from the prevention and protection service supervisor to the safety coordinator during the design and executive phase, to the supervisors and down to the worker.
Violation of the individual precepts set forth in the injury prevention regulations may entail not only obligations for compensation but also criminal liability for the crimes of manslaughter (Article 589 of the Italian Criminal Code) and negligent injury (Article 590 of the Italian Criminal Code). Therefore, the correct identification and ascertainment of the causal link between the conduct, or the omission of dutiful behaviour, and the damaging event becomes essential.
In addition, personnel training and information are of central importance in the area of accident prevention: every person involved in the business activities must be completely knowledgeable of the risks to which the individuals and third parties are exposed, and this must be carried out by adequate and continuous training.
Any delegation in accident prevention matters, where conferred with the forms specifically provided for by Law 81/2008 to a professionally suitable person with decision-making and expense powers, allows the employer to be exempt from liability in the event of an adverse event.
Often the accident event is caused by the failure to complete the identification and assessment of the risks related to the work activity, which demonstrates the importance of proper management of critical issues starting from the planning phase of the business activity.
Importance of the adoption of Organisational Model 231
Through the prior preparation of a management and control model pursuant to Italian Legislative Decree no. 231/2001 on the subject of "Governance of the administrative responsibility of legal persons, companies, and associations, even without legal status", it is possible to avoid situations that are detrimental to workers and, consequently, to the company and its upper management organisations.