Manslaughter and personal injury through negligence
In terms of Health and security in workplaces, with the introduction in D.lgs. 231/01 of the art. 25-septies there have been added, in the offense provided under the D.Lgs 231/01, manslaughter and personal injury through negligence provided under the articles 589 e 590 of the penal code committed in violation of the Legislation for occupational health and safety. Such culpable hypothesis can relate to all the companies in which an injury or a disease could occur at work.
Art.30 of D.Lgs. 81/08 is the cardinal reference point for organizations that intend to adopt a suitable organizational model to protect the company in case of injury. The model of organization and management suitable to be effective as an exemption from administrative liability of the companies of which referred to in the legislative decree June 8th 2011, n. 231, has to be adopted and efficiently implemented, ensuring the company system for the fulfillment of all related legal obligations:
- In compliance with the technical-structural standards of the law relating to equipment, system plants, workplaces, chemicals, physical and biological agents
- The risk assessment activities and the preparation of the consequent prevention and protection measures
- Organizational activities, such as emergencies, first aid, procurement management, periodic safety meetings, consultations with worker safety representatives
- to health surveillance activities
- to information and training activities for workers
- Supervisory activities with reference to workers’ compliance with the procedures and instructions for working safely
- To the acquisition of documents and mandatory law certificates
- Periodic checks on the application and effectiveness of the procedures adopted
The organizational and management model must provide for suitable systems for recording the successful completion of the activities and in any case must provide, according to the nature and size of the organization and type of activity, an articulation of functions that ensure the technical skills and powers necessary for the verification, assessment, management and control of risk, as well as a disciplinary system, suitable for sanctioning non-compliance with the measures indicated in the model. The organizational model must also provide for an appropriate control system on the implementation of the same model and on the maintenance over time of the conditions of suitability of the measures adopted. The review and possible modification of the organizational model must be adopted, when significant violations of the rules relating to prevention of accidents and hygiene at work are discovered, or in the event of changes in organization and activity in relation to scientific and technological progress.
The health and safety management system in the workplace developed under the International Standard ISO 45001:2018 possesses all the requirements listed in art. 30 of the D.Lgs. 81/2008 and consequently it is among those suitable to have exempt effectiveness: is capable of protecting the company and this suitability must be assessed in the facts by the judge who examines it in the field of criminal law.